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05/07/2012-CC-Agenda Packet-RegularSTgeh �TERAS AGENDA CITY COUNCIL MONDAY, MAY 7, 2012 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: April 16, 2012 - Work Session April 16, 2012 - City Council April 26, 2012 - Special Called Public Hearing b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Extending the Contract With AEP Energy Partners for the Purchase of Wholesale Electric Power. 6. Discuss, Consider and Possibly Act on Approving Advertising for Bids on Keaton Road, 5th Street and Kramer Lane Sidewalk and Drainage Improvements. 7. Discuss, Consider and Possibly Act on Approving Resolution H05-03-12 - Authorizing the City Manager to Execute a Trust Agreement for a City of Sanger Employee Benefits, Single Non -Profit Trust Account. 8. Discuss, Consider and Possibly Act on Approving Resolution 905-04-12 - Authorizing the City Manager to Execute a Statement of Understanding Between the City of Sanger and Blue Cross Blue Shield of Texas. 9. Discuss, Consider and Possibly Act on Approving Resolution #R05-05-12 - Approving the Terms and Conditions of a Tax Abatement Agreement Between the City of Sanger, Texas and Denton Terminal L.L.C. 10. INFORMATION ITEMS a) Financial and Investment Report - March b) Letter From Denton Central Appraisal District Regarding 2011 Remaining Funds c) ATMOS Energy Rider GCR - Rate Filing Under Docket No. 9762 11. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: (i i << at i P.m. and shall remain posted until meetin s adjourned. .+++'�;sr an,, Tami Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION April 16, 2012 PRESENT: Mayor Thomas Muir, Councilman Russell Martin, Councilman Scott Stephens and Councilman Andy Garza ABSENT: Councilwoman Johnson and Councilman Bilyeu OTHERS PRESENT: Mike Brice City Manager and Tami Taber City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:10 p.m. 2. EXECUTIVE SESSION: CLOSED SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in Closed Executive Session in Accordance With the Texas Government Code: Section 551.087 - Deliberation Regarding Economic Development Council convened at 6:10 p.m. 3. RECONVENE: OPEN MEETING Council reconvened at 6:33 p.m. No action taken. d. Overview of Items on Regular Agenda. 5. Adjourn. Mayor Muir adjourned the meeting at 6:33 p.m. MINUTES: CITY COUNCIL MEETING April 16, 2012 PRESENT: Mayor Thomas Muir, Councilman Russell Martin, Councilman Scott Stephens and Councilman Andy Garza ABSENT: Councilwoman Johnson and Councilman Bilyeu OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Bill Wright and John Dowdell 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Garza led the Invocation followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli Alexander spoke about animal control. Sam Alexander spoke about animal control. Bill Wright spoke about minutes not being available online before Council approval, the City's business hours and spoke again about a recent purchase not made from a local retailer. CONSENT AGENDA 3. a) Approval of Minutes: April 2, 2012 - City Council b) Disbursements Councilman Garza made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. d. Consider any Items Removed From Consent Agenda None REGULAR AGENDA 5. Discuss, Consider and Possibly Act to Adopt Tax Abatement Guidelines as Required by Chapter 312 of the Tax Code. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 6. Call for a Public Hearing to Consider Designation of Sanger Reinvestment Zone No. 2. (Second Step in a tax abatement). Councilman Garza made a motion to set the Public Hearing for April 26, 2012 at 7 p.m. Seconded by Councilman Martin. Motion carried unanimously. 7. Discuss, Consider and Possibly Act on Approving a Development Agreement With CWP Denton LLC, a Texas Limited Liability Company for the Property Located at 600 North Stemmons. (Located on Maple Street, South of Fuzzy's). Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 8. Discuss, Consider and Possibly Act on Approving Abandonment and Securing the Needed Easements of theMaple Street Right -of -Way, Being Approximately 0.476 Acres in the Henry Tierivester Survey, Denton County, Texas. (This item relates to #7, cross access easements for utilities). Councilman Martin made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 9. INFORMATION ITEMS: a) Library Report- March b) Animal Control Report - March c) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 10. Adjourn. Mayor Muir adjourned the meeting at 7:18 p.m. MINUTES: CITY COUNCIL SPECIAL CALLED PUBLIC HEARING April 26, 2012 PRESENT: Mayor Thomas Muir, Councilman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Kelsey Miller and Jeanne Forbis 1. Call Meeting to Order. Mayor Muir called the meeting to order at 7:03 p.m. Councilman Stephens led the Invocation followed by Councilman Bilyeu leading the Pledge of Allegiance. 2. Conduct Public Hearing to Consider Designation of Sanger Reinvestment Zone No. 2 Mayor explained that the Public Hearing on the 106 acres only covers the opening of the reinvestment zone and advised that the location of this site is between the railroad tracks and I-35, East of MPA Systems and Northeast of Miguelito's. Mayor opened the Public Hearing at 7:04 p.m. Sam and Kelli Alexander of 3219 McReynolds Road, asked Council questions regarding Denton Terminal L.L.C., agreements and tax abatements. Jeanne Forbis of 4712 Lois Road East, asked about fumes, vapors and chances of explosions. Mayor closed the Public Hearing at 7:34 p.m. 3. Consider, Discuss and Possibly Act on Approving Ordinance #04-06-12 - Designating Sanger Reinvestment Zone No. 2 and Providing Eligibility of the Zone for Commercial - Industrial Tax Abatement. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Adjourn. Mayor Muir adjourned the meeting at 7:37 p.m. 4/19/2012 10:19 AM A / P CHECK REGISTER PAGE: 1 PACKET: 04988 Regular Payr_ents 4/19/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. D£SC TYPE DATE DISCOUNT AMOUNT NOR AMOUNT 00650 CONTINENTAL RESEARCH CORP C-CM0323122 CONTINENTAL RESEARCH CORP N 4/19/2012 494.00 000000 I-0323122 ANT BAIT N 4/19/2012 494.000R 000000 0.00 07860 ACT PIPE SUPPLY, INC I-642030 BOLTED MH RING 6 COVE R 4/19/2012 209.000R 050102 I-642448 BOLTED MH RING 6 COVE SAN R 4/19/2012 245.000R 050102 454.00 24200 ADRITE I-578172 BALES FOR SPILL CLEAN UP R 4/19/2012 220.000R 050103 220.00 15890 ALL AMERICAN SURVEYING 1-14444 SIDEWALK/KEATON R 4/19/2012 3,800.000R 050104 3,800.00 18100 AMERICAN MUNICIPAL SERVICES I-10379 :ARCH '12 COLLECTIONS R 4/19/2012 1,535.27CR 050105 1,535.27 00270 ANID1,L HOSPITAL ON MILAN RD, P.C. I-136551 MARCH 2O12 STATEMENT R 4/19/2012 335.36CR 050106 I-136577 MARCH 2O12 STATEMENT R 4/19/2012 125.000R 050106 460.36 22620 ARAPARK UNIFORM SERVICE I-03/30/2012 2011-2012 UNIFORM SERVICE R 4/19/2012 641.59CR 050107 641.59 00420 BOUND THEE MEDICAL, LLD I-80735916 EMS SUPPLIES 2ND OTR R 4/19/2012 441.15CR 050108 I-80740289 EMS SUPPLIES 2ND QTR R 4/19/2012 80.20CR 050108 521.95 22720 BWI I-287707D ROOKS R 4/19/2012 23.98CR 050109 23.98 14560 C 6 G WHOLESALE I-38613 S/S SHIRTS 717 LEHOTSKY R 4/19/2012 219.95CR 050110 219.95 22300 CARD SERVICE CENTER I-50636 EAGLESWHEELER-SPEC R 4/19/2012 52.25CR 050111 I-AMERICAN 3/14/12 FDIC 2012 TRAVEL R 4/19/2012 751.20CR 050111 I -CON COFFEE 3/13/12 CCDNAUNITY COFFEE R 4/19/2012 77.94CR 050111 I -FAMILY $ 3/10/12 GN4RG3 DAY SUPPLIES R 4/19/2012 6.000R 050111 I -HOME D. 3/8/12 SHONE DETECTORS R 4/19/2012 99.85CR 050111 I-L04ES 3/20/12 PLASTIC TOTES/ WIREBA$KET R 4/19/2012 130.29CR 050111 I -PEN FDIC 3/14/12 FDIC 2012 TRAVEL R 4/19/2012 625.000R 050111 I -SHELL 3/8/12 VEHICLE FUEL - GATEI T 18 R 4/19/2012 91.01CR 050111 I-STEVE'S 3/2/12 CONNTS FOR CLASS R 4/19/2012 56.45CR 050111 I-SUPERSAVE 3/10/12 GAMING DAY SUPPLIES R 4/19/2012 12.73CR 050111 I-TML 3/30/12 TCMA ANNUAL COUP R 4/19/2012 225.000R 050111 I -UNIVERSITY 3/14/12 FDIC 2012 TRAVEL R 4/19/2012 1,118.52CR 050111 I-WAL*ART 3/29/12 WAL-TART - EGG HUNT R 4/19/2012 155.92CR 05011L 3,402.22 4/19/2012 10:19 AM A / P CHECK REGISTER PACKET: 04988 Regular Payr_ents 4/19/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOA AMOUNT *VOID* VOID CHECK V 4/19/2012 050112 **VOID** 02490 CENTURYLINK 1-04102012 PHONE SERVICE 4/10-5/9 R 4/19/2012 1,347.53CR 050113 1,347.53 12760 CINTAS, INC. I-492626284 UNIFORMS 10/11-9/12 R 4/19/2012 68.88CR 050114 68.88 00050 CONLEY SAND 6 GRAVEL I-9550 LOAD OF ROCK R 4/19/2012 - 240.000R 050115 I-9551 LOAD OF ROCK R 4/19/2012 320.000R 050115 560.00 23620 COTE'S MECHANICAL I-CM2012228 REPLACE CONDENSOR / COIL R 4/19/2012 4,041.06CR 050116 4,041.06 11510 CULLIGAN I-09423661 WATER BOTTLE SERVICE R 4/19/2012 9.000R 050117 9.00 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-64442 POOLED CASH CHECKS R 4/19/2012 231.64CR 050118 231.64 17640 DOLLAR GENERAL - CHARGED SALES I-1000089280 MISC SUPPLIES PW 6 DEV. R 4/19/2012 7I.50CR 050119 77.50 20980 EXPRESS SERVICES, INC. I-10844302-9 TEND EMPLOYEES R 4/19/2012 1,212.80CR 050120 1,212.80 20640 FOSTERS LOCK SERVICE I-5949 REKEY EAST CONCESSION R 4/19/2012 124.50CR 050121 124.50 18790 FUELMAN I-NP33889117 VEHICLE FUEL 4/2-4/8/12 R 4/19/2012 2,424J1CR 050122 I-NP33934086 VEHICLE FUEL 4/9-4/15/12 R 4/19/2012 3,836.65CR 050122 6,261.36 20220 INGRAM I-04374776 BOOKS R 4/19/2012 32.02CR 050123 1-04374777 BOOKS R 4/19/2012 15.20CR 050123 47.22 15380 ITRON I-239360 PREVENTATIVE MAINT. R 4/19/2012 195.000R 050124 795.00 01300 SAGOE-PUBLIC CO., INC. I-12059MB HOT NIX R 4/19/2012 405.50CR 050125 405. 50 4/19/2012 10:19 AIN A / P CHECK REGISTER PACKET: 04988 Regular PaYaents 4/19/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAIIE / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 03530 JA14ES WOOD AUTOPARK, INC. I-VCCS910824 PATROL CAR REPAIR 01-20 R 4/19/2012 1,379.27CR 050126 I-VCN297067 CONVERTOR ASSEMBLY R 4/19/2012 507.34CR 050126 1,886.61 1 JOANN VERDIN I-VERDIN 4/14/12 VERDIN - DEPOSIT R 4/19/2012 100.000R 050127 100.00 08210 ERIK MR I-1352083 PATROL VEHICLE INSPECTION R 4/19/2012 39.75CR 050128 39.75 01490 LAWN LAND, INC. I-292146 BLOWER, STRING, BLADES R 4/19/2012 497.93CR 050129 497.93 17900 LOWER COLORADO RIVER AUTHORITY I-LB93140 TESTING OF 'WATER $APPLES R 4/19/2012 1,000.00CR 050130 1,000.00 23610 NAPA I-SANG401 FILTER CLEANING SERVICE R 4/19/2012 32.23CR 050131 32.23 22730 HOAR'S ARK ANIMAL SHELTER - I-03/28/2012 SHELTER SERVICE -MARCH 12 R 4/19/2012 2,400.00CR 050132 2,400.00 21360 NUSCO I-0323122 NUSCO- ANT BAIT R 4/19/2012 494.000R 050133 494.00 08690 O'REILLY AUTO PARTS 1-1959-352376 HACKSAW R 4/19/2012 22.48CR 050134 I-1959-368065 BATTERIES 6 FLOOR MATS R 4/19/2012 202.99CR 050134 I-1959-368328 BATTERIES 6 FLOOR HATS R 4/19/2012 202.99CR 050134 I-1959-368457 BATTERIES 6 FLOOR :OATS R 4/19/2012 26.99CR 050134 455.45 2423C PIONEER ATHLETICS I-INV437478 PAINT ATHLETIC FIELDS R 4/19/2012 482.10CR 050135 482.70 23710 QUALITY EXCAVATION, LTD I-APPS7 KEATON QUALITY-KEATON APR k7 R 4/19/2012 37,575.35CR 050136 37,575.35 11110 RICOH AMERICAS CORP:QDS I-21249496 2011-12 COPIER LEASE R 4/19/2012 205.33CR 050137 205.33 24290 ROO CONTROLS, INC I-3144 LIFT STATION REPAIRS R 4/19/2012 1,530.O0CR 050133 1,530.00 4/19/2012 10:19 AM A / P CHECK REGISTER PACKET: 04988 Regular PaW-ents 4/19/12 OF VENDOR SET: 99 BANK POOL PCOLED CASH ACCOUNT PAGE: 4 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNTT AMOUNT N09 AMOUNT 04290 SANGER CHAMBER OF CO:YERC I-3/31/2012 TX HOTEL OC TAX 3/31/12 Q R 4/19/2012 2,024.16CR 050139 2,024.16 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-00015055 MARCH 2O12 ADS R 4/19/2012 380.50CR 050140 380.50 16240 SCHAD 6 PULTE I-185891 02 BOTTLES FILL FOR 10TR R 4/19/2012 22.000R 050141 I-185976 02 BOTTLES FILL FOR 1QTR R 4/19/2012 27.000R 050141 I-85816 02 BOTTLES FILL FOR LOIN R 4/19/2012 16.000R 050141 65.00 02260 SS TELEMETRY I-8740 ACKER WELL -OVERFLOW R 4/19/2012 240.000R 050142 I-8743 ACKER WELL -OVERFLOW R 4/19/2012 254.75CR 050142 494.75 17400 STAFFORD, PRECIOUS I-040912 IT SUPPORT R 4/19/2012 137.50CR 050143 137.50 02510 STATE COMPTROLLER I-1QPR 2012 1QTR REPORT CRIMINAL FEES R 4/19/2012 13,108.10CR 050144 13,108.10 02690 TECHLINE, INC. I-1452275-00 CONNECTORS R 4/19/2012 660.000R 050145 I-1452478-00 CLAMPS 6 PAINT R 4/19/2012 242.28CR 050145 902.28 02580 TEXAS WORKFORCE CCf ISSION I-2012 10TR 2012 1QTR UNEMPLOYMENT R 4/19/2012 14,580.46CR 050146 14,580.46 24320 TIGER CUB EQUIPMENT 1-155 RIDING HONER R 4/19/2012 6,869.54CR 050147 6,869.54 02670 NIL - INTERGOVERNMENTAL RISK POOL I-04/01/2012 WORKERS COMP 4/1/12 R 4/19/2012 32,455.000R 050143 32,455.00 19670 TCM14Y MARSHALL L ASSOCIATES I-A-0623 APPRAISAL SERVICES R 4/19/2012 600.60CR 050149 600.00 19260 TYLER PECHNOLCGIES I-025-41601 ONLINE 10/1/11-10/31/2012 R 4/19/2012 110.000R 050150 I-025-41602 COURT ONLINE SUPPORT R 4/19/2012 125.000R 050150 235.00 02910 UPPER TRINITY I-W271204 4/9/12 STATHM£NT R 4/19/2012 18,041.87CR 050151 18,041.87 4/19/2012 10:19 m A / P CHECK REGISTER PACKET: 04988 Regular Pa1n_ents 4/19/12 CF VENDOR SET: 99 BATIK PCOL POOLED CASH ACCOUNT CHECK CHECK VENEOR NAHE / I.D. DESC TYPE DATE 23760 VAULTLCGI% I-699249 SERVER BACKUP R 4/19/2012 ** T O T A L S REGULAR CHECKS: HANDNRITIEI CHECKS: PRE-DIRITE CHECKS: CRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK DISCOUNT MOUNT NO$ 600.000R 050152 N04 DISCCUNTS CHECK A14T TOTAL APPLIED 50 0.00 163,654.82 163,654.82 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 52 0.00 163,654.82 163,654.82 PAGE: 5 CHECK AMOUNT 600.00 4/26/2012 11:47 A14 A / P CHECK REGISTER PACKET: 05000 Regular Payr_ents 4/26/12 Cr VENDOR SET: 99 BANK 2009 2009 BOND CONSTRUCTION PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOf AMOUNT 24260 POND KING INC. I-6251 12' % 16' FLOATING DOCK R 4/26/2012 16,268.000R 001063 16,268.00 15870 STRIPES PARKING LOT SERVICE, IHC. T-5953 PORTER- LANE STRIPING R 4/26/2012 490.000R 001064 490.00 T 0 T A L S ` Do DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 2 0.00 16,758.00 16,758.00 HAUDWRTTTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 1:011 CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: D 0.00 0.00 0.00 REGISTER TOTALS: 2 0.00 16,558.00 16,758.00 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 4/26/2012 11:46 AM A / P CHECK REGISTER PACKET: 04998 Regular Pa p Outs 4/25/12 CF 2 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / L D. DESC TYPE DATE DISCOUNT AMOUNT NOt AMOUNT 09600 AFLAC I-201204234711 AFLAC R 4/2G/2012 1.25CR 050154 I-AF3201204034703 INSURANCE R 4/26/2012 236.47CR 050154 I-AF3201204174709 INSURANCE R 4/26/2012 236.47CR 050154 I-AFK201204034'103 INSURANCE R 4/26/2012 35.25CR 050154 I-AFK201204174709 INSURANCE R 4/26/2012 35.25CR 050154 I-AFL201204034703 INSURANCE R 4/26/2012 1,222.25CR 050154 I-AFL201204174709 INSURANCE R 4/26/2012 1,222.25CR 050154 2,989.19 18100 ffidERICAN MUNICIPAL SERVICES I-10554 UTILITY BAD DEBT COLLECT. R 4/26/2012 21.73CR 050155 21.73 00240 AMERICAN PUBLIC POWER 1-217460 MEMBERSHIP DUES R 4/26/2012 2,747.15CR 050156 2,747.15 13080 BLUE CROSS BLUE SHIELD I-BCC201204034703 BCBS EMP AND CHILDIT.B) R 4/26/2012 5,535.20CR 050157 I-BCC201204174709 BCBS EMP AND CHILD(xenl R 4/26/2012 6,227.10CR 050157 I-BCF201204034703 BCBS EMPLOYEE AND FAMILY R 4/26/2012 1,681.74CR 050157 I-BCF201204174709 ECBS EMPLOYEE AND FAMILY R 4/26/2012 1,681.74CR 050157 I-BCO201204034703 BCBS EMPLOYEE ONLY R 4/26/2012 5,197.50CR 050157 I-BCO201204174709 BCBS EMPLOYEE ONLY R 4/26/2012 5,191.50CR 050157 I-BCS201204034703 MEDICAL BCBS EMP SPOUSE R 4/26/2012 1,551.56CR, 050157 I-BCS201204174709 MEDICAL BCBS EMP SPOUSE R 4/26/2012 1,551.52CR. 050157 28,623.86 00440 BRAZOS ELECTRIC I-26133-RI-1 MARCH 2O12 R 4/26/2012 10,243.20CR 050158 10,243.20 03560 BRISCOE Aid GY.MENT 6 TIRE I-29'1345 SIDE CUrJTR RS1Ak 'FIRE HER R 4/26/2012 194.60CR 050159 194.60 10760 BROUGHT CO I-B2434581 BOOKS R 4/26/2012 196.57CR 050160 196.57 14560 C 6 G WHOLESALE I-38735 NAHE PLATE - PARKER 774 R 4/26/2012 17.99CR 050161 17.99 20410 CARE HOW CORPORATE I-878279 CARE HOW TESTING R 4/26/2012 135.000R 050162 135.00 12760 CINTAS, INC. I-492629308 UNIFORMS 10/11-9/12 R 4/26/2012 68.88CR 050163 68.88 4/26/2012 11;46 AM A / P CHECK REGISTER PAGE: 2 PACKET: 04998 Reyulat Payvents 4/25/12 CF 2 VENDOR SET: 99 BA14K POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT Not AMOUNT 07850 CLEAT I-CLT201204034703 ASSOCIATION DUES EMPLOYEE R 4/26/2012 75.00CR 050164 I-CLT201204174709 ASSOCIATION DUES EMPLOYEE R 4/26/2012 75.000R 050164 150.00 24170 CIS SEWER EQUIPMENT CO. INC. 1-12319 100' CABLE ASSEMBLY R 4/26/2012 1,854.000R 050165 1,854.00 00640 COMMERCIAL SERVICES I -FIAT 2012 ICE MACHINE LEASE 12MONIH R 4/26/2012 400.000R 050166 400.00 1 CYNTHIA MCDAIIIF.L I-MCDANIEL 4/22/12 COMMUNITY CEN R 4/26/2012 100.000R 050167 100.00 18190 DEPARTMENP OF INFORIATION RF.SOURCF. I-12071001N LONG DISTAIICE 3/1-3/31/12 R 4/26/2012 30.39CR 050169 30.39 23900 DODSON, STEFANI I-DODSON 4/25/12 MEAL TRAINING - ARLIIIGTON R 4/26/2012 12.50CR 050169 12.50 20980 EXPRESS SERVICES, INC. I-10868923-3 TEMP EMPLOYEES 4/8/12 R 4/26/2012 1,659.60CR 050170 I-10896502-1 THEP EMPLOYEES 4115/12 R 4/26/2012 2,032.000R 050170 3,691.60 23010 FIVE STAR SUPPLY CO IIIC. C-CM39136 PAPER TOWELS R 4/26/2012 50.22 050171 1-39136 PAPER TOWELS R 4/26/2012 133.18CR 050171 1-39194 PAPER TOWELS R 4/26/2012 32.30CR 050171 115.26 18650 FORT DEAREORT LIFE INSURANCE C-2012042.44714 FORT DEARBORN LIFE INSURANCE R 4/26/2012 2.01 050172 I-FTD201204034703 EMPLOYEE LIFE INSURANCE R 4/26/2012 110.76CR 050172 I-FPD201204174709 EMPLOYEE LIFE INSURANCE R 4/26/2012 115.02CR 050172 223.77 18790 FUELNAN I-NP33994452 VEHICLE FUEL R 4/26/2D12 2,846.56CR 050173 2,846.56 I73BO THE GLOVE GUY I-35166 SAFETY GLASSES, VESTS, G1, R 4/26/2012 242.50CR 050174 I-35I69 SAFETY MATERIALS R 4/26/2012 414.000R 050174 1-35170 SAFETY MATERIALS R 4/26/2012 264.000R 050174 920.50 23670 GRAHAM'S CONCRETE 6 CONSTRUCTION 1-3330 JOB - 503 S 10111 R 4/26/2012 1,000.00CR 050175 -1,000.00 4/26/2012 11:46 AM A / P CHECK REGISTER PACKET: 04998 Regular Parents 4/25/12 PC 2 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 22570 GRIFFIN, KA'I'IE I -GRIFFIN 4/13 PARKING INCOME TRAINING R 4/26/2012 49.79CR 050176 49.79 22350 HARTWELL ENVIRONMENTAL CORP I-D12-080 WELL 6 6 ACKER WELL R 4/26/2012 3,591.0CR 050177 3,591.00 24270 HOLT CAT I-657532 MINI EXCAVATOR R 4/26/2012 29,312.96CR 050178 29,312.96 05920 TMC WASTE DISPOSAL I-76807 LAKERIDGE, VAC TRUCK SERV R 4/26/2012 16,482.50CR 050179 16,482.50 15780 ITRON _ 1-235470 MOBILE COLLECTOR MAINT. R 4/26/2012 1,357.79CR 050180 1,357.79 OR210 KWIK FAR 1-00001-01352484 PATROL VEHICLE INSPECTION R 4/26/2012 39.75CR 050181 39.75 05400 LCGALSHIELD C-201204234710 LEGALSIIIELD R 4/26/2012 0.02 050182 I-PPL201204034703 PREPAID LEGAL SERVICES R 4/26/2012 130.54CR 050182 I-PPL20I204174709 PREPAID LEGAL SERVICES R 4/26/2012 130.54CR 050182 261.06 10470 LIARTIII APPARATUS 1-3006241 ENGINE 2 REPAIR R 4/26/2012 2,373.73CR 050183 2,373.73 04850 MICRO MARKETING ASSOC.LLC 1-436394 BOOKS R 4/26/2012 17.24CR 050184 1-436743 AUDIO BOOKS R 4/26/2012 168.42CR 050184 185.66 12300 NAEIR I-H468395 CRAFT/PROGRAll SUPPLIES R 4/26/2012 55.SOCR 050185 55.50 7155 NORTHERN MICROGRAPHICS I-00046953 MICROFILM SINGER COURIER R 4/26/2012 250.000R 050186 250.00 08690 O'REILLY AUTO PARTS 1-1959-370107 STUMP GRINDER REPAIR R 4/26/2012 179.15CR 050187 1-1959-370131 BATTERY SEWER PLANT R 4/26/2012 31.79CR 050187 1-1959-370379 STARTER SWITCH BRUSH TRUC R 4/26/2012 11.49CR 050187 222.43 19200 PATHIIARK TRAFFIC PRODUCTS OF TEXAS, IVC. I-0075044-IN SUPPLIES FOR STOCK R 4/26/2012 1,420.50CR 050180 I-0075073-I11 DATE STICKERS 4"X3" R 4/26/2012 338.000R 050188 1,758.50 4/26/2012 11:46 A14 A / P CHECK REGISTER PACKET: 04998 Reyula[ Piycenta 4/25/12 C'F 2 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOA AMOUNT 08300 PERKINS, JOITATlIA14 I-PERKINS 4/24/12. REINS. FOR CLOTHING R 4/26/2012 457.000R 050189 457.00 08060 QUAFI, RANELL I-QUAM 4/2-1/12 LUNCH III PARK REIN➢. R 4/26/2012 315.85CR 050190 315.85 24440 RHYTHM PATH LLC I-263 PROGRAM FOR SUMMER R 4/26/2012 250.000R 050191 250.00 22140 ROCKY RUNNELS 1-03/29/2012 VOW"IG R 4/26/2012 100.000R 050192 1-04/13/12 HONING R 4/26/2012 100.000R 050192 1-2012042-14712 ROWING R 4/26/2012 125.000R 050192 325.00 1 RUTH WILLIFORD I-201204254316 REFUND WATER III R 4/26/2012 2,250.000R 050193 2,250.00 11930 SANGER SPORTS CENTER I-1244005 70-TSHIRTS Y.SB TRASH OFF R 4/26/2012 490.000R 050194 490.00 17400 STAFFORD, PRECIOUS I-042012 IT SUPPORT 4/13-4/23 R 4/26/2012 330.000R 050195 330.00 18110 STRATEGIC GOVERNMENT RESOURCES, INC. I-5961 IRS ANNUAL SUB FEE R 4/26/2012 1,787.50CR 050196 1,787.50 06770 SUN LIFE FINANCIAL C-201204244715 SUN LIFE FINANCIAL R 4/26/2012 0.05 050197 I-SL?201204034703 EMPLOYEE DENTAL R 4/26/2012 139.43CR 050197 I-SL?201204174709 EMPLOYEE DENTAL R 4/26/2012 139.43CR 050197 I-SLD201204034103 DEPENDENT DENTAL R 4/26/2012 146.88CR 050197 I-SLD201204174709 DEPENDENT DENTAL. R 4/26/2012 146.88CR 050197 I-SLF201204034103 VA14ILY DENTAL R 4/26/2012 456.94CR 050197 I-SLF201204174709 FAMILY DEIITAL R 4/26/2012 539.90CR 050197 I-SIS201204034703 EMPLOYEE DENTAL R 4/26/2012 382.54CR 050197 I-SLS201204114709 EMPLOYEE DENTAL R 4/26/2012 382.54CR 050197 2,334.49 11900 TARRAIIT COUNTY COLLEGE I-71403 ROPE RESCUE CLASS-MILBOCK R 4/26/2012 360.000R 050198 360.00 02690 TECHLINE, INC. I-1452477-00 ➢IRD GUARD, LUBRICANT R 4/26/2012 362.20CR 050199 I-1452479-00 METER SOCKET R 4/26/2012 888.68CR 050199 I-1452578-00 15KV 100 AMP, ETC R 4/26/2012 2,070.92CR 050199 3,321.80 4/26/2012 11:46 AM A / P CHECK REGISTER PACKET: 04998 Regular PaYRents 4/25/12 CF 2 VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT PAGE: 5 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. PESO TYPE DATE DISCOUNT AMOUNT HOA AMOUNT 19260 TYLER TECHNOLOGIES C-201204264718 TYLER TECHNOLOGIES R 4/26/2012 0.01 050200 I-025-42109 ANNUAL SOFTWARE PAINT R 4/26/2012 12,737.20CR 050200 12,737.19 07700 VEST, JOSHUA I -VEST 4/30/12 HEAL MONEY 4/30/12 R 4/26/2012 12.50CR 050201 12.50 19160 WORKERS ASSISTANCE PROGRAM, INC. I-IVC00000000042323 APRILI2 EMPLOYEES COVERED R 4/26/2012 138.84CR 050202 138.84 t ` T 0 T A L S ' ' N01 DISCOUNTS CHECK AMP TOTAL APPLIED REGULAR CHECKS: 49 0.00 137,633.59 137,633.59 HADEAHRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 49 0.00 137,633.59 137,633.59 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 4/26/2012 11:45 A14 A / P CHECK REGISTER PACKET: 04997 Reyular Parents 4/25/12 CP VENDOR SET: 99 BATIK POOL POOLED CASH ACCOUNT PAGE: 1 VENDOR NAME / I.D. DESC 13080 BLUE CROSS BLUE SHIELD I-05/01/2012 BLUE CROSS BLUE SHIELD ' T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER 'TOTAIS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOi R 4/26/2012 346.50CR 050153 IM DISCOUNTS CHECK AMP TOTAL APPLIED 1 0.00 346.50 346.50 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 346.50 346.50 CHECK AMOUNT 346.50 SGR9Q `(TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive [:]Public Hearing Reviewed by Legal ❑Yes ® Not Applicable ❑ Yes I ® Not Applicable Council Meeting Date: May 7, 2012 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date 3 /� ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Discuss, Consider and Possibly Act on Extending the Contract With AEP Energy Partners for the Purchase of Wholesale Electric. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [_]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑S Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM After review of our 2011 audit, AEPEP has offered to extend our contract through April of 2019. It is set to expire in May of 2016. The rate will be close to the same. The extension has two advantages. First, it locks in a guaranteed rate at a favorable price, for the next seven years. Second, under our agreement, AEPEP does not pass on any surcharges for peak generation. The Public Utility Commission is considering allowing generators to charge more in the future during peak generation times. This is going to result in either higher prices on guaranteed contracts or eliminate them completely. Therefore, extending our contract now to lock in a favorable, guaranteed price only makes sense. STAFF OPTIONS & RECOMMENDATION Staff recommends adoption. List of Supporting Documents: Prior Action/Review by Council, Boards, Commissions or Other 0 Agreement Agencies: THIRD AMENDMENT TO MASTER POWER PURCHASE AND SALE AGREEMENT CONFIRMATION LETTER THIS THIRD AMENDMENT. is made effective May , 2012, by and between AEP ENERGY PARTNERS, INC. ("Seller") and CITY OF SANGER, TX ("Buyer"). Each of Seller and Buyer are sometimes referred to herein as a "Party" and collectively as the "Parties". A. WHEREAS, Buyer and Seller are Parties to that certain Master Power Purchase and Sale Agreement Confirmation Letter dated as of May 4, 2009 ("Agreement'), First Amendment dated June 7, 2010, and Second Amendment dated October 17, 2011; and B. WHEREAS, the Parties mutually desire to modify certain terms and conditions of the Agreement, as amended, as more fully set forth herein. NOW THEREFORE, in consideration of the mutual promises, conditions, and covenants contained in the Agreement, including this Amendment hereto, the Parties agree as follows: A. Section 2.2 is deleted in its entirety and shall be restated as follows: 112.2 Delivery Period The Delivery Period shall commence on May 21, 2009 through April 30, 2019 from hours ending 0100 through 2400 Central Prevailing Time. The parties may mutually agree to extend the Delivery Period for a mutually agreed time period at mutually agreed pricing reflective of current market conditions with all other Agreement terms and conditions the same." B. The fast two sentences of Section 2.4 are deleted in its entirety and shall be restated as follows: "2.4 Delivery Point The Delivery Points for Full Requirements Service shall be the Load Zone applicable to the locations set forth in Appendix A through May 31, 2016. However, Customer shall be responsible for the cost of congestion charges from the ERCOT North Zone to the Delivery Point from June 1, 2014 through April 30, 2019 as described further in Section 4.10. The ERCOT North Zone shall be defined by the EEI ERCOT NORTH (LMP-EEI) Delivery Point Definition Version 1.1 dated July 2, 2007. " C. Section 3.5 is deleted in its entirety and shall be restated as follows: 113.5 Economic Development To help contribute to economic development within the City of Sanger, Texas, Company agrees to pay Customer $5,000.00 in each June of the Delivery Period of this Agreement to be used by Customer for economic development put -poses as defined under Texas law for 4A and 4B economic development corporations within the City. Company shall be relieved of this payment obligation in the event Customer defaults under this Agreement." D. Section 4.2 is deleted in its entirety and shall be restated as follows "4.2 Energy Charges Customer shall pay Company an Energy Charge of $61.20 per MWh multiplied by the Adjusted Metered Load for the Billing Period for the period May 21, 2009 through May 31, 2014, $61.80 per MWh multiplied by the Adjusted Metered Load for the Billing Period for the period June 1, 2014 through May 31, 2016, and $61.50 per MWh multiplied by the Adjusted Metered Load up to the applicable Peaking Quantity for the Billing Period for the period June 1, 2016 through April 30, 2019. After June 1, 2016 if the Energy delivered by Company is greater than the Peaking Quantity listed in Appendix B in any hour, such Energy shall be charged to Customer at the applicable ERCOT hourly energy rate at the Delivery Point' E. Section 4.10 is deleted in its entirety and shall be restated as follows: "4.10. Congestion Charges Notwithstanding the physical Delivery Points specified in Appendix A, Customer is responsible, on a pass through cost or credit basis, for all Congestion Costs, assigned on a megawatt hour basis from the ERCOT North Zone to the Appendix A Delivery Points for the period June 1, 2014 through April 30, 2019." F. Add a new Appendix B stated as follows: "APPENDIX B PEAKING QUANTITY YEAR QUANTITY 2016 16.0 2017 16.0 2018 16.1 2019 16.1 G. The Parties hereby renew to each other as of the date of this Third Amendment the representations and warranties set for in Article 1 I of the Agreement. Except as expressly modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Third Amendment has been duly executed by the Parties hereto. CITY OF SANGER, TX AEP ENERGY PARTNERS, INC. By: By: Name: Name: Title: Title: Date: Date: 2 S Rgen _ TEXAS COUNCIL AGENDA ITEM AGENDA TYPE Z Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑Yes ® Not Applicable ❑ Yes N Not Applicable Council Meeting Date: May 7, 2012 Submitted By: Rob Woods City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion and possible action on the Advertisement for Bids on Keaton Road, 51h Street & Kramer Lane Sidewalk and Drainage Improvements. FINANCIAL SUMMARY ❑N/A ❑GRANT FINDS ❑OPERATING EXPENSE ❑RF,VENUE ❑CI P ®BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff is recommending advertising for bids on May 13, 2012 for Construction of Keaton Road, 5th Street & Kramer Lane Sidewalk and Drainage Improvements. North Keaton Road currently has no sidewalk along the roadway. The proposed section along 5`h Street will complete the pedestrian sidewalk from I-35 overpass to Downtown Park. The area along Kramer is located at the intersection of Kramer and N. Highland Drive. Keaton Road and 51h Street sections of the project conform to the City's adopted Trail and Sidewalk Master Plan. STAFF OPTIONS & RECOMMENDATION Staff recommends advertising for bids on May 13, 2012. List of Supporting Documents/Exhibits Attached: Project Location Map Prior Action/Review by Council, Boards, Commissions or Other Agencies: Fifth Street Sidewalk & Drainage Improvements: Limits are from Turtle Creek Drive south along Fifth Street to existing sidewalk approximately 600 linear feet southwest of Turtle Creek Drive. Project will also include drainage improvements as part of the construction phase. Kramer Street Sidewalk & Drainage Improvements: Removal of existing rip -rap construction of new inlet, concrete flume and tie-in to existing drop inlet located by Butterfield Elementary School (BES). STTEX—As COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes IN Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Council Meeting Date: May 7, 2012 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Discuss, Consider and Possibly Act on Approving Resolution #05-03-12 - Authorizing the City Manager to Execute a Trust Agreement for a City of Sanger Employee Benefits Single Non -Profit Trust Account. FINANCIAL SUMMARY ®NIA [_]GRANTFUNDS [:]OPERATINGEXPENSE ❑REVF,NUF ❑CI P —]BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUNDISUMMARY OF ITEM Establishing the Trust account and completing the agreement, Blue Cross/Blue Shield will exempt from a 2% tax on insurance. This will save us around $10,000 per year. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents: • Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: Resolution #R05-03-12 TRUST AGREEMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: THIS TRUST AGREEMENT (the "Agreement') was made and entered into as of June 1, 2012 and amended this day by and between the City of Sanger, Texas (the "City") and City Manager (the "Trustee"). To date, no funds of the Trust have been used to pay any expenses of the Trust or the Trustee other than to pay the premiums for the coverages in Exhibit A of the Trust Agreement. PREMISES WHEREAS, the City has heretofore adopted one or more insured employee welfare benefit plans which are set forth in Exhibit A attached hereto (the "Plan') the sole purpose of which is to provide health, medical and/or life benefits solely for the employees of the City and their eligible dependents covered by the Plan; WHEREAS, the City is the Plan Administrator appointed to administer the Plan and the claims thereunder; WHEREAS, the insurance policy or policies described on Exhibit A attached hereto and made a pant hereof for all purposes (individually and collectively, the "Policy"), as and when issued in the name of the Trustee, will constitute a trust fund (the "Trust Fund") to be held for the benefit of the employees and their eligible dependents under and in accordance with the Plan; WHEREAS, the City desires the Trustee to hold and administer the Trust Fund under the trust created by this Agreement (the "Trust"), and the Trustee is willing to hold and administer such Trust Fund, pursuant to the terms of this Agreement; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the City and the Trustee agree as follows: ARTICLE I -- CONTRIBUTIONS 1.1 Receipt of Contributions. The Trustee shall receive any contributions paid to it in cash or in the form of such other property as it may from time to time deem acceptable and which shall have been delivered to it. All contributions so received, together with the income therefrom and any other increment thereon shall be held, invested, reinvested and administered by the Trustee pursuant to the terms of this Agreement without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall be responsible only for property received by it pursuant to this Agreement. 1.2 Premiums. Premiums to keep the Policy in force shall be paid by the City or by its employees or by a combination thereof unless the Trustee is directed to pay all or a portion of such premiums from the Trust Fund Page 1 of 7 • VYu�li,�l[.yZ�7��ZIIby�1J►1�7 2.1 Payments Directed by Plan Administrator. The Trustee shall from time to time, at the Plan Administrator's direction, make payments out of the Trust Fund to the persons or entities to whom such monies are to be paid in such amounts and for such purposes as may be specified in the Plan Administrator's directions. To the extent permitted by law, the Trustee shall be under no liability for any payment made pursuant to the direction of the Plan Administrator. Any direction of the Plan Administrator shall constitute a certification that the distribution or payment so directed is one which the Plan Administrator is authorized to direct. 2.2 Impossibility of Diversion. It shall be impossible at any time for any part of the Trust Fund to be used for, or diverted to, purposes other than to provide the benefits contemplated under the Plan for the exclusive benefit of covered employees and their dependents. Any taxes and administration expenses for which the Trust is liable will be made from the City Fund, not the Trust Fund as provided for herein. ARTICLE III -- INVESTMENTS 3.1 Powers. The Trustee is a nondiscretionary Trustee who does not have discretion or authority with respect to the investment or administration of the Trust Fund. The Trustee will act solely as a directed trustee of the Policy and any other finds contributed to the Trust Fund; provided, however, that the contribution of any other such funds shall be consistent with the purpose of the Trust as described above in the PREMISES section of this Agreement. The Plan Administrator shall have sole authority to direct the Trustee with respect to the exercise of its powers under this Agreement. Subject to the foregoing provisions of this section, the Trustee, in addition to all powers and authorities under common law, statutory authority, and other provisions of this Agreement, shall have the following powers and authorities: (a) To purchase, or subscribe for, any securities or other property and to retain the same in trust; provided, however, that the Trustee is prohibited from selling or purchasing stock options; (b) To sell, exchange, convey, transfer, grant options to purchase, or otherwise dispose of any securities or other property held by the Trustee, by private contract or at public auction, and any sale may be made for cash or upon credit, or partly for cash and partly upon credit. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition; (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other similar rights, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stock, bonds, securities or other property held as part of the Trust Fund; (d) To cause any securities or other property held as part of the Trust Fund to be registered in the Page 2 of 7 Trustee's own name or in the name of one or more of the Trustee's nominees, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments are part of the Trust Fund; (e) To borrow or raise money for the purposes of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and for any sum so borrowed, to issue a promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Fund; and no person lending money to the Trustee shall be bound to see to the application of the money lent or to inquire into the validity, expediency, or propriety of any borrowing; (f) To keep such portion of the Trust Fund in cash or cash balances as may be in the best interests of the trust created hereby, without liability for interest thereon; (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investments hereunder; (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to cant' out the powers herein granted; (i) To settle, compromise, or submit to arbitration any claims, debts, or damages to or owing to or from the Trust Fund, to commence or defend suits or legal or administrative proceedings, and to represent the Trust Fund in all suits and legal and administrative proceedings; 0) To employ suitable agents and counsel and to pay their reasonable expenses and compensation, such agents or counsel mayor may not be agents or counsel for the City; (k) To invest fiords of the Trust Fund in night deposits or savings accounts bearing a reasonable rate of interest in a Trustee's bank; (1) To invest in Treasury Bills and other forms of United States government obligations; (in) To deposit monies in federally insured savings accounts or certificates of deposit in banks or savings and loan associations; and (n) To do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Fund, and to carry out the purposes of this Trust. 3.2 More Than One Trustee. If there shall be more than one trustee under this Agreement, they shall act by a majority of their number, but may authorize any one or more of them to sign papers and instruments on their behalf. 3.3 Fees and Expenses. The Trustee may be paid such reasonable compensation as shall from Page 3 of 7 time to time be agreed upon in writing by the City and the Trustee. An individual serving as Trustee who already receives compensation as an employee from the City shall not receive compensation from this Trust. The Trustee shall be reimbursed for any reasonable expenses, including reasonable counsel and accounting fees, incurred by the Trustee in the administration of the Trust Fund. Such compensation and expenses shall be paid from the City Fund. ARTICLE IV -- TRUSTEE'S DUTIES 4.1 General. The Trustee shall discharge its duties under this Agreement solely in the interest of the employees covered under the Plan and their dependents and for the exclusive purpose of providing benefits to such persons and defraying reasonable expenses of administering the Trust, with the care, skill, prudence and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, and by diversifying the investments of the Trust so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, all in accordance with the provisions of this Agreement insofar as they are consistent with the provisions of applicable law, as this Agreement and such law may be from time to time amended; but the duties and obligations of the Trustee as such shall be limited to those expressly imposed upon it by this Agreement notwithstanding any reference herein to the Plan, or the provisions thereof, it being hereby expressly agreed that the Trustee is not a party to the Plan. 4.2 Indemnification. The City agrees, to the extent permitted by law, to indemnify and hold the Trustee harmless from and against any liability that the Trustee may incur in the administration of the Trust Fund, unless arising from the Trustee's own willful breach of the provisions of this Agreement. The Trustee shall not be required to give any bond or any other security for the faithful performance of its duties under this Agreement, except such as may be required by a law which prohibits the waiver thereof. 4.3 Accounts and Records. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder, and all such accounts and other records relating thereto shall be open to inspection and audit at all reasonable times by any person designated by the Plan Administrator. 4.4 Limitation on Trustee's Liability. The Plan Administrator shall administer the Plan as provided therein, and the Trustee shall not be responsible in any respect for administering the Plan nor shall the Trustee be responsible for the adequacy of contributions to the Trust Fund to meet or discharge any payments or liabilities under the Plan. The Trustee shall be entitled conclusively to rely upon any notice, instruction, direction or other communication of the Plan Administrator. ARTICLE V -- RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE 5.1 Resignation. The Trustee may resign at any time by giving 30 days' notice in writing to the City. Page 4 of 7 5.2 Removal. The City may remove the Trustee at any time upon 30 days' notice in writing to the Trustee. 5.3 Successor Trustee. Upon the resignation or removal of the Trustee, the City shall appoint a successor trustee who shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon acceptance of such appointment by the successor trustee, the Trustee shall assign, transfer, and pay over to such successor trustee the funds and properties then constituting the Trust Fund. The Trustee is authorized, however, to reserve such reasonable sum of money, as it may deem advisable, for payment of its fees and expenses in connection with the settlement of its account or otherwise, and any balance of such reserve remaining after the payment of such fees and expenses shall be paid over to the successor trustee. 5.4 Waiver of Notice. In the event of any resignation or removal of the Trustee, the Trustee and the City may in writing waive any notice of resignation or removal as may otherwise be provided hereunder. ARTICLE VI -- AMENDMENT AND TERrMINATION OF AGREEMENT 6.1 Amendment. Any or all of the provisions of this Agreement may be amended at any time and from time to time, in whole or in part, by an instrument in writing. No such amendment shall authorize or permit any part of the Trust Fund to be used for or diverted to put -poses other than for the exclusive benefit of the employees and their dependents; no such amendment shall cause or permit any portion of the Trust Fund to revert to or become the property of the City; and no such amendment which affects the rights or duties of the Trustee may be made without the Trustee's written consent. 6.2 Termination. This Agreement may be terminated at any time by the City, and upon such termination, the Trust Fund shall be paid out and/or transferred by the Trustee as and when directed by the Plan Administrator or the City, in accordance with the provisions of Article II hereof and the terms of the Plan. ARTICLE VII -- GENERAL 7.1 Limited Effect of Plan and Trust. Neither the establishment of the Plan nor the Trust nor any modification thereof, nor the creation of any fund or account, nor the payment of any welfare benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the City, or any officer or employee thereof, except as may otherwise be provided in the Plan or in the Trust. Under no circumstances shall the term of employment of any employee be modified or in any way affected by the Plan or this Trust. 7.2 Protective Clause. Neither the City nor the Trustee shall be responsible for the validity of any contract of insurance issued in connection with the Plan or Trust or for the failure on the pant of the insurer to make payments provided by such contract, or for the action of any person which may delay payment or render a contract null and void or unenforceable in whole or in part. 7.3 Construction of Trust. This Trust shall be construed and enforced according to the laws of the State of Texas. If any provision of this Trust shall be held illegal or invalid for any reason, such Page 5 of 7 determination shall not affect the remaining provisions of the Trust. 7.4 Gender and Number. Wherever any words are used herein in the masculine, feminine or neuter, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 7.5 Headings. The headings and sub -headings of this Trust have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANGER, TEXAS: That the City Council hereby authorizes the City Manager to execute this agreement and that the agreement will go into effect on June 1, 2012. PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 7th day of May 2012. IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. ATTEST: Tami Taber, City Secretary CITY OF SANGER 502 Elm P.O. Box t729 Sanger, TX 76266 Mike Brice, City Manager TRUSTEE Page 6 of 7 Exhibit A City of Sanger Trust Agreement Effective June 1, 2012x The City of Sanger, Texas "Single Non -Profit Trust Agreement" covers the following welfare benefit plans: • Medical • Dental • Basic Life/Accidental Death and Dismemberment "Premiums will be moved to the Trust's bank account in order for the Trust to begin payment of premiums. Page 7 of 7 Resolution #1105-04-12 Statement of Understanding Between Blue Cross and Blue Shield of Texas And The City of Sanger Respecting Premiums Excluded from State Insurance Taxes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: WHEREAS, the City of Sanger ("City") has established a single nonprofit trust (the "Trust") within the meaning of section 222.002(c)(5) of the Texas Insurance Code regarding health benefits coverage for its employees and has delivered to Health Care Service Corporation, A Mutual Legal Reserve Company d/b/a Blue Cross and Blue Shield of Texas ("BCBSTX") a copy of the Single Non -Profit Trust Fund Agreement ("Trust Agreement") executed by the City and the Trustee establishing the Trust; WHEREAS, the Trust Agreement establishes the Trust for the sole purpose of paying policy premiums for group health, life and accident insurance; WHEREAS, BCBSTX has reviewed the Trust Agreement and determined that it meets the requirements of section 222.002(c)(5) of the Texas Insurance Code; WHEREAS, the Trust will pay the frdl amount of premiums and revenues due for any given month to BCBSTX for group health insurance coverage from the bank account of the Trust; WHEREAS, BCBSTX will utilize the Trust Agreement as well as the payment of the premiums and revenues by the Trust from the Trust's bank account as support and evidence as to the exclusion of these collected premiums and revenues from the premium and maintenance taxes assessed by the State of Texas; and WHEREAS, while under no obligation to do so, BCBSTX has determined to return to the Trust those premiums and revenues that were paid to BCBSTX by the Trust which would no longer be required to be remitted to the State of Texas by BCBSTX in the form of Premium and Maintenance taxes as a result of the formation of the Trust; Page 1 of 3 Statement of Understanding (Continued) NOW THEREFORE, the understanding between BCBSTX and the City is as follows: Premium and Maintenance Tax Refund At the conclusion of each calendar year (December 31), BCBSTX will calculate the amounts of premium tax and maintenance tax, utilizing the current tax rates, which would have been due on the collected premiums from the Trust for that calendar year. BCBSTX will then create a refund adjustment to the City's account in the BCBSTX premium tracking database. Subsequently, BCBSTX will issue a premium refund to the Trust in order to offset the premium and maintenance tax adjustment. 2. In the event the City cancels coverage with BCBSTX, BCBSTX will calculate the amounts of premium tax and maintenance tax, utilizing the current tax rates, which would have been due on the collected premiums from the Trust for the period of January 1 through the cancellation date, plus an additional 60 days for retroactive premium adjustments. BCBSTX will then create a refund adjustment to the City's account in the BCBSTX premium tracking database. Subsequently, BCBSTX will issue a premium refund to the Trust in order to offset the premium and maintenance tax adjustment. 3. This Statement of Understanding is to begin with a calculated refund based upon the collection of premium from the trust, beginning with the premium collected by BCBSTX from 06/01/2012 through 9/31/2012. The refund for 2012 will be calculated and refunded to the City upon execution of this agreement. All other future refunds will be administered as described in items 1 or 2. 4. BCBSTX, at its discretion, has the right to terminate this Statement of Understanding with notice to the City. Upon notice no further, partial or interim refunds will be calculated or refunded to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANGER, TEXAS: That the City Council hereby authorizes the City Manager to execute this agreement. PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 7th day of May 2012. Page 2 of 3 Statement of Understanding (Continued) Signatures BCBSTX and the City have executed this Agreement in multiple copies, each of which is an original. ATTEST/SEAL: Tami Taber City Secretary BLUE CROSS BLUE SHIELD OF TEXAS: Signature Title Date CITY OF SANGER, TEXAS Signed by: Mike Brice City Manager Date Page 3 of 3 SWTEX-AS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Council Meeting Date: May 7, 2012 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Discuss, Consider and Possibly Act on Approving Resolution #05-05-12 - Approving the Terms and Conditions of a Tax Abatement Agreement Between the City of Sanger, Texas and Denton Terminal L.L.C. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUF, ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This is the last step in granting the tax abatement to Denton Terminal, L.L.C. The agreed to terms are a $50,000.00 per year tax abatement for two years for a total of $100,000. The tax abatement will begin after they receive their certificate of occupancy. It is based on an appraised value of $15,000,000. Should the appraised value be less, the tax abatement will be prorated. STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents: Prior Action/Review by Council, Boards, Commissions or Other • Agreement Agencies: STATE OF TEXAS TAx ABATEMENT AGREEMENT COUNTY OF DENTON This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Sanger, Texas (the "City") and Denton Terminal, L. L. C., a Texas limited liability company (the "Owner"), individually a "Party" and collectively, the "Parties", acting by and through their authorized representatives. WITNESSETH: WHEREAS, the City Council of the City of Sanger, Texas (the "City Council"), on April 26, 2012, passed an Ordinance (the "Ordinance") establishing Sanger Reinvestment Zone No. 2 (the "Zone") for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and WHEREAS, the City has adopted guidelines for tax abatement that are currently in effect (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Sanger area, it is in the best interest of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner, subject to approval by the Parties of this Agreement, will purchase approximately 39.98 acres of land in the Reuben Bebee Headright League and Labor Survey, Abstract 29, Sanger, Denton County, Texas, being farther described in Exhibit "A" ("Land") attached hereto and made part hereof for all purposes, and intends to construct a rack terminal for the loading of gasoline and diesel trucks at a cost of approximately $15,000,000 (hereinafter defined as the "Improvements") on the Land; and WHEREAS, Owner's development efforts described herein will create 5-8 permanent new full time jobs in the City, with a total annual payroll estimated at $650,000-$1,000,000; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Sanger and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's existence as a going business, insolvency, appointment of receiver for any pant of a party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Base Year Taxable Value" shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed. "City" shall mean the City of Sanger, Texas. "Commencement of Construction" shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements, on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. "Completion of Construction" shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements. "Effective Date" shall mean the last date of execution of this Agreement, unless the context indicates otherwise. "First Year of Abatement" shall be the year beginning January 1 of the calendar year immediately following the date of Completion of Construction of the Improvements. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Improvements" shall mean the rack terminal for the loading of gasoline and diesel trucks, storage tanks, loading rack, vapor control unit employing state-of-the-art emissions capture technology, and support office building to be constructed on the Land, and other ancillary facilities such as may be reasonably, including fencing, lighting, utilities, required parking, driveways and landscaping, more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s). "Land" means the real property described in Exhibit "A". "Owner" shall mean Denton Terminal, L. L. C., a Texas Limited Liability Company or its permitted assigns. "Premises" shall mean collectively, the Land and Improvements following construction thereof. "Related Agreement" shall mean any other agreement by and between the City and the Owner, its parent company, and any affiliated or related entity owned or controlled by the Owner, or its parent company, relating to the Land and the Improvements. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of the Land which is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land. 2.2 The Premises are not part of an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Sanger City Council or any member of the Sanger Planning and Zoning Commission, or any member of the governing body of any taxing unit joining in or adopting this Agreement. 2.5 Owner shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and (ii) that during the period taxes are abated hereunder is consistent with the general put -poses of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the combined Taxable Value for the Improvements, excluding the Land, is at least fifteen million dollars ($15,000,000.00) as of January 1 of the First Year of Abatement, the City hereby grants Owner an abatement of fifty thousand dollars ($50,000.00) of the City ad valorem taxes assessed against the Improvements for a period of two (2) consecutive years, beginning with the First Year of Abatement. In the event the Taxable Value of the Improvements is less than $15,000,000, the actual dollar amount of the abatement for each year this Agreement is in effect will be prorated. 3.3 The period of tax abatement herein authorized shall be for a period of two (2) consecutive years for a total abatement of $100,000.00. 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on the Land and the Improvements. 3.5 The Owner agrees to continuously own the Premises for a period of at least two (2) years beginning with the First Year of Abatement. 3.6 The term of this Agreement shall begin on the Effective Date and shall continue until the abatements provided for herein have been credited to Owner, unless sooner terminated as provided herein. Article IV Improvements 4.1 Owner owns the Land and intends to construct or cause to be constricted thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said action is a condition precedent to the tax abatement authorized by this Agreement. 4.2 As a condition precedent to the initiation of the Owner's tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements and, subject to events of Force Majeure, to cause Completion of Construction of the Improvements to occur between June and December 2013, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, ordinances and regulations (or valid waiver thereof). 4.3 Construction plans for the Improvements to be constructed on the Land will be filed with the City and shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable -times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner, in order to insure that the construction of the Improvements is in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Owner fails to cause Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations, or in the event the Owner: (i) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to thnely and properly protest such taxes or assessment); (ii) has an event of Bankruptcy or Insolvency; or (iii) breaches any of the terms and conditions of this Agreement, or a Related Agreement, then Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall give written notice to the Owner who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Owner. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual exemption application form for the portion of the taxes on the Premises agreed to by this Tax Abatement Agreement. The form will be filed with the Chief Appraiser of the Denton County Appraisal District and a copy famished the City. The City will certify to the Chief Appraiser that the terms and conditions of this Agreement have been fulfilled by the Owner. Article VII Annual Rendition The Owner shall annually render the value of the Improvements to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: With a copy to: Attn: City Manager Robert L. Dillard III City of Sanger, Texas Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 502 Elm Street 1800 Lincoln Plaza Sanger, Texas 76266 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: Denton Terminal, L. L. C. 401 Lone Pine Court Bloomfield Hills, MI 48304 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Owner without the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Owner agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein and any other funds received by the Owner from the City as of the date of such violation within 120 days after the date the Owner is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. EXECUTED in duplicate originals the day of 2012. CITY OF SANGER, TEXAS Thomas Muir, Mayor Attest: Tami Taber, City Secretary Agreed as to Form: City Attorney EXECUTED in duplicate originals the day of 2012. DENTON TERMINAL, L. L. C. Its Exhibit "A" (Legal Description of Land to be attached) Being 82.72 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No. 168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25,1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased; Originally surveyed by W.T. Jagoe in 1922, resurveyed by C.F. Ballard, Licensed State Surveyor October 21,1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3,1943, described in tract as follows: BEGINNING at a point in the center of. said Highway No. 40 at the Northwest corner of said Tract Number 1; THENCE East 2052 feet to the west right of way line of the Santa Fe Railway; THENCE South 4 degrees 41 minutes East along said West right of way line at 851.2 feet pass the south line of sail tract 1 and North line of Tract 2, 11702.4 feet in all to as point in the south line of said Tract 2; TEHNCE West 2200.6 feet to the southwest corner of Tract 2 and Northwest corner of Tract 3 to a point in the center of said Highway No. 4; THENCE North 0 degrees 16 minutes East 847.2 feet ass the Northwest corner of Tract and the Southwest corner of Tract 1, 842.2 feet, more, 16994.7 feet in all to the place of beginning, containing 82.72 acres of land, being 40.64 of said Tract 1 and 42.08 acres of said Tract 2 and being all of Tract 1 and Tract 2 of said partition lying west of the Santa Fe Railway; Less However, that strip of land conveyed to the State of Texas by deed dated April 6, 1948 and recorded in volume 348, page 199 of the Deed Records of Denton County, Texas Page 1 Being 39.98 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No. 168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25, 1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased; Originally surveyed by W.T. Jagoe in 1922, resurveyed by C.F. Ballard, Licensed State Surveyor October 21, 1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3,1943, described in tract as follows: BEGINNING at a point at the Santa Fe Railway on the Northeast corner of said Tract Number 1; THENCE West 1,230 feet; THENCE South along the creek boundary 1,255 feet; TEHNCE East 15625 feet to the Santa Fe Railway; THENCE North along the Santa Fe Railway Railway 1,185 feet, 5,295 feet in all to the place of beginning, containing 39.98 acres of land of said Tract 1 Page 2 RESOLUTION R# 05-05-12 A RESOLUTION OF THE CITY OF SANGER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF SANGER, TEXAS, AND DENTON TERMINAL L. L. C.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Sanger, Texas, and Denton Terminal L. L. C., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Sanger, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Sanger, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Sanger, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Sanger, Texas. 1 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Sanger, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Sanger, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this the day of 2012. APPROVED AS TO FORM: CITY ATTORNEY (I2LD:04-18-12:TM 55074) CITY OF SANGER, TEXAS THOMAS MUIR, MAYOR ATTEST: BY: TANII TABER, CITY SECRETARY A Exhibit "A" (copy of Tax Abatement Agreement to be attached) Being 82.72 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No.168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25, 1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased; Originally surveyed by W.T. Jagoe in 1922, resurveyed by C.F. Ballard, Licensed State Surveyor October 21, 1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3,1943, described in tract as follows: BEGINNING at a point in the center of. said Highway No. 40 at the Northwest corner of said Tract Number 1; THENCE East 2052 feet to the west right of way line of the Santa Fe Railway; THENCE South 4 degrees 41 minutes East along said West right of way line at 851.2 feet pass the south line of sais tract 1 and North line of Tract 2, 11702.4 feet in all to as point in the south line of said Tract 2; TEENCE West 2200.6 feet to the southwest corner of Tract 2 and Northwest corner of Tract 3 to a point in the center of said Highway No. 4; THENCE North 0 degrees 16 minutes East 847.2 feet ass the Northwest corner of Tract and the Southwest corner of Tract 1, 842.2 feet, more, 16994.7 feet in all to the place of beginning, containing 82.72 acres of land, being 40.64 of said Tract 1 and 42.08 acres of said Tract 2 and being all of Tract 1 and Tract 2 of said partition lying west of the Santa Fe Railway; Less However, that strip of land conveyed to the State of Texas by deed dated April 6,1948 and recorded in volume 348, page 199 of the Deed Records of Denton County, Texas Page 1 Being 39.98 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No. 168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25, 1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased; Originally surveyed by W.T. Jagoe in 1922, resurveyed by C.F. Ballard, Licensed State Surveyor October 21,1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3, 1943, described in tract as follows: BEGINNING at a point at the Santa Fe Railway on the Northeast corner of said Tract Number 1; THENCE West 1,230 feet; THENCE South along the creek boundary 1,255 feet; TEENCE East 1,625 feet to the Santa Fe Railway; THENCE North along the Santa Fe Railway Railway 1,185 feet, 5,295 feet in all to the place of beginning, containing 39.98 acres of land of said Tract 1 Page 2 I LIN I Investments as of March 31. 2012 Name Acct. # Maturity Yield* Balance Restricted DUE FROM POOL CASH 00-1000 0.50% $ 879,286.84 CASH 00-1010 0.50% - GF OPERATING CD #738034 00-1060 - OPERATING ACCTS. $, 879,286.84 GF CD Prosperity Contingency 00-1039 1YR 1.00% $ 203,074.51 GF CD CONTIGENCY # 642606 00-1043 1YR 0,90% 203,784.57 G.F. CONTINGENCY CD682489 00-1021 6Mo 1.10% Closed GF CONTINGENCY MM #2487969 00-1031 MM 0.75% 150,838.54 CONTINGENCY RESERVE $ 557;697.62 GF EQUIP REPL. CD # 659541 00-1047 60 DAY 1.00% closed Y GF EQUIP REPL CD 719706 00-1033 6 MO 1.30% $ 61,287.72 Y GF EQUIP REPL MM 2376237 00-1032 0.75% 91,942.45 Y EQUIPMENTREPLACEMENT $ 153,230,17' HOT/MOT TAX 00-2605 $ 1,787.03 Y LIBRARY CD 702994 00-1035 49,723.75 Y BEAUT BOARD 00-2615 $ 382.09 Y PARK BOARD 00-2620 $ 4,384.69 Y ANIMAL CONTROL*** 00-2635 $ - MUNI COURT -TECH & SECURITY*** 00-2625 $ - ***Deferred Revenue accounts close to Fund Balance at year-end. Investments as of March 31. 2012 Name Acct. # Maturity Yield Balance Due from Pool Cash $1,825,383.94 Cash 00-1010 0.50% s0.00 iter Deposit Checking Now Acct. 00-1011 0.50% $0.00 Y For Utility Deposit Refunds; iter Deposit CD 2375850 00-1041 12MO 1.50% $228,173.70 Y \TER DEPOSIT REFUND ACCT. '' $228,173.70' er Cap. Res. CD 642584 00-1044 31VI0 0.70% $277,579.98 Y For waste water system capital" over Capital Reserve MM2380226 00-1038 0.75% $101,257.29 Y improvements " WER CAPITAL RESERVE $378,837-27 iter Cap. Res -CD 642614 00-1016 31VI0 CLOSED Y i For capital improvements;:" iter Capital Res VIM2376156 00-1037 0.75% $296,962.01 Y :�Forwatersystemcapital, 1,;" iter Capital Res CD#459844 00-1043 61VI0 0.80% $637,017.57 Y \TER CAPITAL RESERVE $933,979.58 mbined EF Debt Service 755 00-1039 $689,916.56 Bond Res. CD 459585 00-1046 12MO 1.30% $349,683.19 &96 BD RES 2381400 MM 00-1033 0.49% $13,755.15 Y Bond,lriterest an i Sinkm Reserves iNDFUND RESERVES :. $1,053,354.90 Reserve CD#642541 00-1040 30D 0.70% $102,363.30 _ Contingency Reserves; Contingency Res. CD 459739 00-1047 0.95% $16,212.00 Contingency Res. CD 737860 00-1014 1.00% $303,229.87 Contin Resv MM 2809753 00-1012 $25,473.43 iNTENGENCY RESERVE $447,278.60 Equip Rep MM 2376202 00-1034 0.75% $36,693.49 Y Utilized for equip. replacement for non-Jj Equip Rep CD#659533 00-1035 60D 1.00% Closed Y budget items lety & Incentive MM 2376199"' 00-2610 0.75% - Y Used for employee incentives &safety{I e Plus #2376415 MM'" 00-2605 0.75% 341.86 Y For customer utility assistance 'Deferred Revenue accounts close to Fund Balance at year-end. Investments as of March 31. 2012 Const. MM2376709 004-00-1021 0.75% $ 175,541.75 CIP ST CONST #2458713 004-00-1040 0.50% Redeemed BOND CD#685771 004-00-1061 Closed BOND CD#685755 004-00-1062 3M 1.10% Redeemed BOND CD#685747 004-00-1063 6M 1.20% Redeemed DebtService Fund I&S Combined 003-00-1010 0.50% $ 714,459.71 DSF TOTAL $ 714,459.71 1 Bohd Reserves invPctmPntc ac of Marr-h 11 'o1 4A Certificates of Deposit, Money Market: and Cash Name Acct. # Maturity Yield Balance Restricted Claim on Cash 00-1000 $ 25,685.60 Cash #900020693 00-1010 0.50% $ 36,479.06 Y 4A Money Market #902551273 00-1012 0.75% $ 480,781.23 Y Sanger TX Ind Corp CD#486639 00-1013 6M0 1.30% $ 93,000.44 Y Sanger TX Ind Corp CD#568058 00-1014 90Day 1.00% Redeemed Y TOTAL INVESTED $ 635,946,33; Name 4B Certificates; of Deposit. Acct. # Money Market Maturity 'and Cash Acct. Yield Balance Restricted Claim on Cash 00-1000 $ - Y Cash MMKT 2379694 00-1010 0.75% $ 206,351.04 Y 4B CD 461024 (6669) 00-1012 30D 1.00% Redeemed Y 4B CD #653500 00-1013 1 YR 0.70% $ 21,022.31 Y 4B CD #659924 00-1014 1 YR 1.30% $ 20,878.39 Y 4B CD# 664243 00-1015 1 YR 0.90% $ 20,930.27 Y 4B CD# 673277 00-1016 1YR 1.00% $ 20,899.15 Y 4B CD#686115 00-1017 1 YR 0.70% $ 20,883.18 Y 4B CD#689521 00-1018 1 YR 1.30% $ 20,806.08 Y 4B CD#694371 00-1019 1YR 1.05% $ 20,830.99 Y 4B CD #697230 00-1020 1YR 1.20% $ 20,841.42 Y 4B CD #699934 00-1021 1 YR 1.30% $ 20,838.57 Y 4B CD #702285 00-1022 1 YR 1.30% $ 20,718.23 Y 4B CD#706078 00-1023 1YR 0.90% $ 20,547.67 Y 4B CD#720097 00-1024 1YR 1.00% $ 20,360.21 Y 4B CD#720119 00-1025 1YR 1.20% $ 20,404.15 Y TOTAL INVESTED $ 476,311.1i6, REVENUE• GENERAL FUND Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste TOTAL REVENUE CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES For the Six Months Ending March 31, 2012 YTD OVER BUDGET ACTUAL BUDGET (UNDER)BUDGET 1,882.307 2,154,800 (272,493) 282,411 543,800 (261,389) 53,454 53,990 (536) 224,562 457,000 (232,438) 99,425 345,122 (245,697) 86,609 196.800 (110,191) 326,135 649,375 (323,240) 2.954SO4 4,400,887 (1,445,983) ACTUAL% OF BUDGETED REVENUE 6r/, YTD (OVER)BUDGET EXPENDITURES -GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 265,773 513,889 248,116 Police & Animal Control 587,204 1,318.990 731,786 Fire & Ambulance 378.781 749.410 370.629 Municipal Court $9,170 233.095 143.925 Development Services 113.297 226.285 112.988 Streets 99,765 582.148 482,383 Parks & Recreation 171,143 536,229 365,086 Library 85,529 171,108 85579 Solid Waste 245,446 569,375 323:929 TOTAL EXPENDITURES 2,036,107 4,900,529 2,864,422 REVENUE OVER (UNDER) EXPENDITURES 918,797 (499,642) 1,418,439 OTHER FINANCING SOURCES Fund Balance Carry Over 50,000 Transfer from 4Ar48 31.000 (31,000) Transfer from Debt Service 78.154 (78,154) Transfer from Enterprise Fund 350,000 (350.000) Transfer from Capital Project Fund CHANGE IN FUND BALANCE 918.797 9,512 959,285 FUND BALANCE - BOY 739,010 410,181 328,829 FUND BALANCE -EOY 1.657.807 419.693 1,288,114 ACTUAL % OF BUDGETED EXPENDITURES 42% GENERAL FUND REVENUE BUDGETANDACTUAL $500,000 $ n. Fire& Taxes Franchise Fees Licenses & Fees 87% 52% 99% Ambulance 49% EXPEQIT U% OF BUUQh I EU KtVENUt b3/a $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- Administration Police& 52% Animal 45% Et Actual El Budget Fines& Other Solid Forfeitures w/. Waste 29% 50% GENERAL FUND EXPENDITURES OSerie51 BUDGET AND ACTUAL ®Serie52 1"M M- jj[ a N- Fire& Municipal Ambulance Court 51% 39-A Develop5vco 50% Streets 1T/o Parks Library 32% 50% Solid Waste EXPECTED% OF BUDGETED EXPENDITURES 50% REVENUE - ENTERPRISE FUND Water' Wastewater Tap Fees Electric Interest Miscellaneous TOTAL REVENUE CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES For the Six Months Ending March 31, 2012 OVER BUDGET YTD ACTUAL BUDGET (UNDER) BUDGET 483,578 1.231,737 (748,159) 506,126 1,065,069 (558,943) 75,700 50,000 25,700 3,237.932 7,485,000 (4,247.068) 16,159 25,000 (8,841) 26,226 50,000 (23,774) 4,345,721 9,906,806 (5,561,085) ACTUAL% OF BUDGETED REVENUE 44% (OVER)BUDGET EXPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET UNDER BUDGET Administration - 340,888 915,371 574,483 Water 362,964 916,670 553.706 Wastewater 322,113 560,434 228,321 Electric 2,609,879 6,198,069 3,588,190 Debt Service 127,852 807,436 679,584 TOTAL EXPENDITURES 3,763,695 9,387,980 5,624,285 REVENUE OVER (UNDER) EXPENDITURES 582,025 518,826 63,199 OTHER FINANCING SOURCES (USES) Transfers to General Fund - 350,000 (350,000) Transfers to Capital Project Fund 106,507 (106,507) CHANGE IN FUND BALANCE 582,025 412,319 (393,308) FUND BALANCE -BOY 3,183,491 3,183,491 FUND BALANCE - EOY 3,765,516 3,595.810 (393,308) ACTUAL % OF BUDGETED EXPENDITURES 40 % 'Water revenue low duo to large con otng envy made on I M1111 ENTERPRISE FUND REVENUE ®Actual BUDGET AND ACTUAL ®Budget $8,000,000 $7,500,000 1 .'r. `." "H3 , .. . s' fl - 2 z'- �- $7,000,000 ' 4, t 1 ii i 7t' 5+.:. ,. 4 a a m1.. U� tit I . $6,500,000 II �[" 'n at �lt P6 t 01 I , M. ti Ii Gl t4 i,1fl7 t nl v 1 It1Pos4f}ila.lti4tf#lim tf tlMtN�h�)lAti �gil ig 11� 11 ,30 t 1{h.(. {lt4g; �STt.�fAil {s1a . $5,500,000 - $4,500,000 $4,000,000 ( $3,500,000 $3,000,000 $2,500.000 $2,000,000 $1,500,000 - $1,000000 $500:000 $ Water Wastewater Tap Fees Electric Interest Misc 39% 49% 151% 43% 65% 52% EXPECTED % OF BUDGETED REVENUE $6,500,000 $6,000,000 atlai�.a $5,500,000 $5,000.000 TI 1t 1,!11111<<i $4,500,000 $4,000,000 $3,500,000---^-^- $3,000,000 $2.500,000 $2,000,000 $1.500,000 $1,000,000 $500,000 37% ENTERPRISE FUND EXPENDITURES BUDGET AND ACTUAL 40% 59% EXPECTED % OF BUDGETED EXPENDITURES 50% ®Actual M Budget L CITY OF SANGER, TEXAS CASH AND INVESTMENTS As of March 31, 2012 CASH AND INVESTMENTS Unrestricted: Cash for Operations Investments for Operations Restricted: Tourism* Keep Sanger Beautiful (KSB)* Court Technology and Security* Equipment Replacement* Library Parks* Animal Control* One Plus Donations* Safety Incentive* Water Deposits Debt service Capital Projects: Capital Improvements Bond Projects TOTAL CASH AND INVESTMENTS CASH AND INVESTMENTS as of March *Deferred Revenue accounts closed out to appropriate Fund Balance accounts at the end of each fiscal year. ENTERPRISE DEBTSERVICE CAPITAL GENERALFUND FUND FUND PROJECTSFUND TOTAL $ 856,823 $ 1,752,771 $ 34,705 $ (379,360) $ 2,264,939 557,698 447,279 1,004,976 1,787 1,787 382 382 153,230 36,693 189,924 68,734 68,734 1,385 1,385 342 342 300,894 300,894 1,053,355 714,460 1,767,815 1,312,817 1,312,817 700,955 700,955 $ 1,640,038 $ 4,904,151 $ 749,165 $ 321,595 $ 7,614,949 3.95% 0.02% 0.90% Replacement" .50% DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O BOX 2816 DENTON, TEXAS 76202-2816 TO: The Presiding Officer of All Taxing Jurisdictions Served by Denton Central Appraisal District FROM: Denton Central Appraisal District Board of Directors DATE: April 27, 2012 SUBJECT: 2011 Remaining Funds This notice is in compliance with the Texas Property Tax Code Sec. 6.06. This memo is to inform you that the Board of Directors of Denton Central Appraisal District approved at their December 15, 2011, Board meeting to use remaining funds from the 2011 Budget for the following expenditures. In accordance with the Property Tax Code, you are being advised that the Board will spend 2011 remaining funds in 2012 for debt reduction, building improvements, computer/technology and salary adjustments for 2012. PHONE: (940) 349-3800 METRO: (972) 434-2602 FAX: (940) 349-3801 • David J. Park Vice President Rates & Reoulatory Affairs April 26, 2012 City Official Re: Rider GCR - Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the May 2012 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com F- U U UU Z W 7) C) 0 W OoX oNUUOa Q W FW nZ W co W W J U)�F W U Q Q W W Q a� lb 5 W [OO 0 N O O dn' O O ��•, CO W M pNj COJ J I 3 m 2 0 0 0 ry 3 @ c F- @ N N o OOd> NOt0 �O n @ W W W 4) N M CJ ENo coo coo v o n O M C6 6 a U U w m W MGM M � @ OOi� d> Q7 OOi O) n n n O V O d. W N M 57) tN0 M (NO 0 n d) 06 n N t0 e f0 O (o (O O (O N o rnc»rn O ep W nc»n M M n N a oo m m coo_ m uni_ M n c � w `G ZE � m m ' 2 � c N N C C J a o .Z •.J_.. J U O lL U w 9 m o s c U o w y e a E _ o. m 3 U 0. T ti Ea a yo a % U c U O U Z' fl w N m LL > O a 02 @ v m U o m E m p u O N 3 E o Lu EWa U E A � W aN y 0 A ri z FW C� N N