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07/01/2013-CC-Agenda Packet-Regular
a' D IAS AGENDA CITY COUNCIL MONDAY, JULY 1, 2013 7:00 PM 502 ELM STREET 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: June 17, 2013 - Work Session June 17, 2013 - Emergency Called June 17, 2013 - City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Minor Plat of Lots 40A and 40B of the Hampton Addition, 0.459 Acres, Located at 5th and Austin Street. 6. Consider, Discuss and Possibly Approve a Development Agreement in Lieu of Annexation With James Vandever for the Property Legally Described as Tract 53 B of the J. Morton Survey, 15.29 Acres, Located on Union Hill Road, 7. Consider, Discuss and Possibly Approve the Purchase of the Property Located at 201 N. 5th Street, Sanger, Texas, from Denton County in the Amount of $180,000, Plus Closing Costs, Authorize the City Manager to Execute the Contract, Close on the Property, Authorize the use of Unallocated Enterprise Funds to be Used for the Purchase and Authorize the Additional Expenditure of $50,000 From Unallocated Enterprise Funds For Remodeling and Improvements When the Property is Purchased. 8. Consider, Discuss and Possibly Approve Resolution #1107-12-13 - Nominating Sue Rosson Tejmt to the Denton Area 9-1-1 Board of Managers. INFORMATION ITEMS: 9. a) Financial & Investment Report - May b) Library Monthly Report - May 10. 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 eneral public at all times, and said notice was posted on the following date and time: r� �% c` O/ 3 at � '00 A.m. and shall remain posted until me mg is adjourned. \\\\JP r,47 0�'t 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 WORKSESSION June 17, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Councilman Allen Chicle ABSENT: Councilman Gary Bilyeu OTHERS. PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Director of Development Services, Robert Graf, Leanne Graf, James Hood, Brenda Hood and Mary Bucklew 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:05 p.m. 2. Discuss Amending Section 3.21 of the Code of Ordinances Regulating Exterior Construction of Residential Dwellings in the Central Core. Joe Iliff gave a power point presentation on house score samples for new homes within the Central Core. He suggested that the passing score in the ordinance require 9 points. Brief discussion among Council members to raise the required number of points. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the meeting at 6:47 p.m. MINUTES: CITY COUNCIL EMERGENCY CALLED June 17, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Councilman Allen Chick ABSENT: Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Director of Development Services, Rob Woods ,Public Works Director, Robert Graf, Leanne Graf, James Hood, Brenda Hood and Mary Bucklew 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:47 p.m. 2. Consider, Discuss and Possibly Approve Emergency Repairs to the Utility Road Water Well and Authorizing the Enterprise Fund Balance and Declaring an Emergency. City Manager advised that we lost the well three weeks ago. The casing needs to be repaired to keep sand from infiltrating the well. Sand has damaged the pump and now the pump needs replaced. The motor is twelve years old and is past it's useful life. City Manager stated that the City Council needs to declare this an emergency because this is the largest volume producing well and we will be unable to meet summer demand without it. The City Manager also advised that there was not sufficient finds in the current budget to cover the repair and the Enterprise Fund would need to be used and the budget amended for unforeseen emergency repair. T H I Water Well Services can begin in two weeks and it will take approximately one week to complete. Councilman Ezell made a motion to declare an emergency and authorize emergency repairs under Local Government Code 252,022 (a) (2), (3). Seconded by Councilman Martin. Motion carried unanimously. Adjourn. Mayor Muir adjourned the meeting at 6:56 p.m. MINUTES: CITY COUNCIL MEETING June 17, 2013 PRESENT: Mayor Thomas Muir, Councilman, Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Allen Chick ABSENT: Councilman Gary Bilycu OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Director of Development Services, Ted Christensen of Government Capital, Mary Bucklew, Robert Graf, Leanne Graf, James Hood, Brenda Hood and Chad Spratt 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:10 p.m. Councilman Martin led the Invocation, followed Council Stephens 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 tip during this section). None. CONSENT AGENDA 3. a) Approval of Minutes: June 3, 2013 - Work Session June 3, 2013 - City Council b) Disbursements c) Approve Interlocal Agreement for Tax Collection Between Denton County and the City of Sanger d) Consider Reappointing Danny Spindle the Presiding Judge, Kenneth Hartless the Alternate Judge and Hugh Coleman as Prosecutor e) Consider Reappointing Christy Punches the Municipal Court Clerk and Stephanie Dodson the Deputy Court Clerk and Authorize and Direct the City Manager to Continue to Oversee the Daily Operations and Performance of the Municipal Court Cleric and the Deputy Court Cleric f) Consider Reappointing Existing Board Members: Planning and Zoning Commission - Ramie Hammonds - Place 1 Gerald Jenkins - Place 5 Joe Higgs - Place 7 Board of Adjustment- Dennis Dillon - Place 1 Lori Peththel - Place 3 Casey Barclay - Place 5 Parks Board - Joshua Shumate - Place I Jackie Pevehouse - Place 7 Library Board - Daniel Lopez - Place 1 Dorcyle McClure - Place 3 Suzanne Sears - Place 5 Sanger Cultural Education Facilities Finance Corporation - Casey Barclay g) Consider Appointing the Following to Open Board Positions: Planning and Zoning Commission - Dennis Dillon - Place 3 Board of Adjustment - Jerry Jenkins - Place 7 Parks Board - Terry Stogsdill - Place 3 Leann Galbreath - Barnes - Place 5 Councilman Ezell made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 5. Conduct a Public Hearing Regarding a Request From Victory Baptist Church for Using Alternative Exterior Building Materials and/or Design for a Proposed Structure at 207 Kathryn Street. Mayor opened the Public Hearing at 7:19 p.m. Robert Graf, Pastor of the Victory Baptist Church, spoke and stated they are wanting to put a temporary 24 x 60 modular building on the West side of the church. Mary Bucklew of 205 Kathryn, spoke about her concerns of depreciating property value with the addition of the modular building. Mayor closed the Public Hearing at 7:28 p.m. 6. Consider, Discuss and Possibly Approve a Request From Victory Baptist Church for Using Alternative Exterior Building Materials and/or Design for a Proposed Structure (Manufactured Building) at 207 Kathryn Street. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 7. Consider, Discuss and Possibly Approve a Development Agreement in Lieu of Annexation With Sharon Copeland for the Property Legally Described as Tract 52 of the J. Morton Survey, 14.5694 Acres, Located on Union Hill Road. Councilman Stephens made a motion to approve. Seconded by Councilman Chicle. Motion carried unanimously. 8. Consider, Discuss and Possibly Approve Ordinance 406-10-13 - Amending Section 3.21 of the Code of Ordinances Regulating Exterior Construction of Residential Dwellings Within the Central Core. Councilman Ezell made a motion to approve with the required minimum points being 11. Seconded by Councilman Martin. Motion carried unanimously. 9. Consider, Discuss and Possibly Approve Minor Plat of Lots 40A and 40B of the Ilampton Addition, 0.459 Acres, Located at 5th and Austin. Councilman Ezell made a motion to table until the next meeting on July 1, 2013. Seconded by Councilman Chick. Motion carried unanimously. 10. Consider, Discuss and Possibly Approve Ordinance #06-11-13 - Authorizing the Issuance of City of Sanger Combination Tax and Revenue Certificates of Obligation, Series 2013, Prescribing the Terms and Form Thereof, Providing for the Payment of the Principal Thereof and Interest Theron, Awarding the Sale Therof, Authorizing the Preparation and Distribution of an Official Statement to be Used in Connection With the Sale of the Certificates, Authorizing the Purchase of Bond Insurance, Making Other Provisions Regarding Such Certificates Including the use of the Proceeds and Matters Incident Thereto. This is for new water and wastewater lines into the industrial and commercial areas, the construction of a new splash park, a new water well and possibly other eligible projects. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 11. Adjourn. Mayor Muir adjourned the meeting at 7:52 p.m. 6/19/2013 3:57 PM A / P CHECK REGISTER PACKET: 05861 Regular Payments 6/18/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 18100 AMERICAN MUNICIPAL SERVICES 1-15214 COLLECTION MAY 2013 R 6/19/2013 683.80CR 054045 683.80 25620 AMSCO SUPPLY I-937465 AIR FILTERS - BUILDINGS R 6/19/2013 142.40CR 054046 142.40 02460 AT&T NOBILITY I-4/23/13-5/22/13 4/23/13-5/22/13 CELL R 6/19/2013 752.05CR 054047 752.05 1 DAILIS, BETTY I-BAILES 6/8/13 COMM DEPOIST R 6/19/2013 100.000R 054048 100.00 25410 HINKLEY & BARFIELD - C&P, INC I-9901 NEW BELZ SET INTERLOCAL R 6/19/2013 6,100.00CR 054049 6,100.00 00420 BOUND THE MEDICAL, LLC C-70171554 MEDICAL SUPPLIES 2ND R 6/19/2013 263.16 054050 I-81048701 MEDICAL SUPPLIES 2ND R 6/19/2013 48.23CR 054050 I-81049952 MEDICAL SUPPLIES 2ND R 6/19/2013 34.44CR 054050 I-81077778 MEDICAL SUPPLIES 2ND R 6/19/2013 38.57CR 054050 1-81079098 MEDICAL SUPPLIES 2ND R 6/19/2013 22.04CR 054050 I-81079099 MEDICAL SUPPLIES 2ND R 6/19/2013 607.25CR 054050 I-81080364 CASES LATEX GLOVES R 6/19/2013 212.60CR 054050 I-81105473 MEDICAL SUPPLIES 2ND R 6/19/2013 178.04CR 054050 1-81108343 MEDICAL SUPPLIES 2ND R 6/19/2013 15.000R 054050 892.41 00440 BRAZOS ELECTRIC I-28343-RI-1 .MAY 2013 R 6/19/2013 13,168.88CR 054051 13,168.88 22720 BWI 1-11909533 SUM4E11 FERTILIZER R 6/19/2013 748.78CR 054052 748.78 22300 CARD SERVICE CENTER I -AMAZON 5/26113 EXERCISE BANDS R 6/19/2013 34.82CR 054053 I -AMAZON 5/27/13 EXERCISE BANDS R 6/19/2013 126.90CR 054053 I-GODADDY 5/23/13 GO DADDY - WEBSITE REG R 6/19/2013 24.34CR 054053 I-INTL CODE 5/23/13 BRA PURCHASES R 6/19/2013 182.90CR 054053 I-MARRIOTT 5/25/13 TX FLOODPLAIN CONFERENCE R 6/19/2013 406.23CR 054053 I -SPORTS AUTH 5/14/1 SPORTS AUTH. -ELLIPTICAL R 6/19/2013 339.99CR 054053 I -TRACTOR 5/14113 4'X6' X 3/4" RUBBER MAT R 6/19/2013 799.80CR 054053 I -TX FLOOD 5/8/13 TX FLOODPLAIN CONFERENCE R 6/19/2013 260.00CR 054053 I-WAIFART 5/17/13 WALNART - TRASH OFF R 6/19/2013 167.74CR 054053 I-WALMART 5/21/13 WALMMRT - TRASH OFF R 6/19/2013 15.60CR 054053 2,358.32 6/19/2013 3:57 PM A / P CHECK REGISTER PACKET: 05861 Regular Payments 6/18/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NX4E / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO4 AMOUNT 1 CHAUNCEY, JIM I-CHAUNCEY J. 6/1/13 CC" DEPOSIT R 6/19/2013 - 100.000R 054054 100.00 25920 COMMERCIAL ASSESSMENTS I-615235 PROPERTY CONDITION R 6/19/2013 900.000R 054055 900.00 25850 COREON GROUP, LET 1-205 TRAINING SETUP MC3, FC300 R 6/19/2013 2,000.00CR 054056 2,000.00 11570 CULLIGAN 1-06/07/2013 WATER BOTTLE SRV 2013 R 6/19/2013 106.25CR 054057 106.25 08460 DELL COMPUTERS, LIP 1-XJ5D821T6 MEMORY MODULE R 6/19/2013 55.02CR 054058 55.02 04790 DENTON COUNTS TAX ASSESSOR I-C16TAXCOY. 2012 TAX STATEMENTS 6/5/13 R 6/19/2013 81.07CR 054059 81.07 25730 DP2 BILLING SOLUTIONS I-497 PRINTING L MAILING R 6/19/2013 1,987.15CR 054060 1,987.15 19020 EAGLE 6 WHEELER 1-58230 PRINTING L MAILING R 6/19/2013 615.46CR 054061 615.46 2G980 EXPRESS SERVICES, INC. " I-12598302-3 TEMP EMPLOYEES 6/9/13 R 6/19/2013 1,040.000R 054062 1,040.00 18790 FUELMAN I-NP38258265 VEHICLE FUEL 6/3-6/9/13 R 6/19/2013 3,880.06CR 054063 3,880.06 01070 GALLS INC. I-000670681 RADIO STRAP/HOLDER R 6/19/2013 71.88CR 054064 71.88 25840 GREAT WESTERN SUPPLY I-90M9504428 FIREHATS R 6/19/2013 467.59CR 054065 467.59 16900 CRT PUBLIC SAFETY SUPPLY I-IIN-011974 PANTS, SHIRT, DUTY SHIRT R 6/19/2013 88.15CR 054066 88.15 25660 HD SUPPLY NBTERAORKS, LTD C-2083552-00 HANDHELDS, ERTS R 6/19/2013 6,325.00 054067 I-6465730 HANDHELDS, ERIS R 6/19/2013 29,760.48CR 054067 I-9147962 HANDHELDS, ERTS R 6/19/2013 10,980.000R 054067 I-BO30305 SOLID LID R 6/19,2013 448.20CR 054067 I-B053471 HOLT RD LIFT STATION R 6/19/2013 258.41CR 054067 35,122.09 6/19/2013 3:57 PM A / P CHECK REGISTER PACKET: 05861 Replax Paynents 6/18/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DECO TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19480 HUTHER L ASSOCIATES, INC I-38151 TESTING OF SAMPLES 2013 R 6/19/2013 460.00CR 054068 460.00 20220 INGRAM I-71757309 BOORS R 6/19/2013 17.44CR 054069 I-71772241 BOOKS R 6/19/2013 47.20CR 054069 I-71794919 BOOKS R 6/19/2013 15.40CR 054069 1-71794920 BOOKS R 6/19/2013 16.45CR 054069 I-72058015 BOOKS R 6/19/2013 15.94CR 054069 112.43 15780 ITRON I-292463 METER PLAINT 7/1-9/30/13 R 6/19/2013 349.23CR 054070 349.23 25980 LEONARD'S FARM b RANCH STORE. 1-644541 , BLOWER R 6/19/2013 378.04CR 054071 378.04 25990 LEVI SYSTEMS, INC 1-26154 SERVICE FOR FAX COPIER R 6/19/2013 185.00CR 054072 185.00 10130 MABAK DIRECTIONAL DRILLING,CORP. 1-4635 POT HOLING R 6/19/2013 1,600.000R 054073 1,600.00 25170 METRO PCS WIRELESS, INC I-749575 PHONE RECORDS S02081380 R 6/19/2013 50.000R 054074 50.00 12710 PETTIT MACHINERY, INC C-P00962 BLADES 6 MULCH KIT R 6/19/2013 159.60 054075 I-P00948 BLADES 6 MULCH KIT R 6/19/2013 231.75CR 054075 72.15 02050 PITNEY BOWES, INC. 1-1350363-JN13 POSTAGE METER RENTAL R 6/19/2013 540.000R 054076 540.00 05510 PROGRESSIVE EAST SOLUTIONS OF TX, INC I :SAY-13 MAY 2013 SOLID WASTE R 6/19/2013 47,001.09CR 054077 47,001.09 24490 RANCR HAND FEED 6 SUPPLY I-16987 COG FOOD 6 KITTY LITTER R 6/19/2013 17.95CR 054018 17.95 02170 REINERT PAPER 6 CHENICAL, INC. I-299388 JANITORIAL SUPPLIES R 6/19!2013 103.97CR 054079 1-299404 JANITORIAL SUPPLIES R 6/19/2013 86.24CR 054079 1-299408 VACUUM REPAIR R 6/19/2013 27.95CR 054079 218.16 6/19/2013 3:57 IN A / P CHECK REGISTER PAGE: 4 PACKET: 05861 Regular Paynents 6/18113 OF VENDOR SET: 99 BANK I POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEED TYPE DATE DISCOUNT AMOUNT N08 AMOUNT 11170 RICOH AMERICAS CORP:ODS I-23487355 ANNUAL 2012-2013 R 6/19/2013 205.33CR 054080 205.33 12820 RICOH USA, INC I-5026441427 PRINTER MAINT. 2012-2013 R 6/19/2013 695.44CR 054081 695.44 22140 ROCKY RUNNELS 1-6/11/13 SEEING R51269 6 R60133 R 6/19/2013 250.00CR 054082 1-6/11/2013 BOOING R57269 z R60133 R 6/19/2013 125.00CR 054082 375.00 25310 SANGER PLUMBING I-06102013 TOILET REPAIR R 6/19/2013 132.97CR 054083 132.97 16240 SCHAD 4 PULTE I-190813 1ST QTR SUPPLIES R 6/19/2013 14.000R 054084 I-190868 13T QTR SUPPLIES R 6/19/2013 47.000R 054084 I-191061 1ST QTR SUPPLIES R 6/19/2013 14.00CR 054084 I-92604 1ST OTR SUPPLIES R 6/19/2013 90.000R 054084 I-92920 IST QTR SUPPLIES R 6/19/2013 13.50CR 054084 178.50 1 SIPP, XRISTINA I-SIPP 6/9/13 DEPOSIT COF24. R 6/19/2013 100.000R 054085 100.00 26030 SOUTHCCMBE BROTHERS C-5500052-CM GAUNTLET GLOVES R 6/19/2013 504.00 054086 1-5500042-IN GAUNTLET GLOVES R 6/19/2013 1,370.22CR 054086 866.22 23050 TEXAS TRUXX OUTFITTERS I-9921 RHINO BED LINING R 6/19/2013 450.00CR 054087 450.00 10820 WILDFIRE TRUCK t EQUIP I-10662 NEW ENGINE MID PUMP R 6/19/2013 4,051.24CR 054088 4,051.24 * * T 0 1 A L S * ' N04 DISCOUNTS CHECK ANT TOTAL APPLIE❑ REGULAR CHECKS: 44 0.00 129,500.11 129,500.11 HANDWRITIEN 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: 44 0.00 129,500.11 129,500.11 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 6/26/2013 3:45 PM A / P CHECK REGISTER PACKET: 05881 Regular Payments 6/26/13 OF VENDOR SET: 99 BANK . POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. PESO TYPE DATE DISCOUNT AMOUNT N09 AMOUNT 25610 AUSTIN LANE TECHNOLOGIES, INC I-20130610 MAINTAINANCE PLAN -TECH R 6/26/2013 3,349.000R 054148 3,349.00 25760 BROOKS DIVERSIFIED SYSTEMS COMPANY I-17280 FIRE ALARM SYSTEM R 6/26/2013 2,930.000R 054149 2,930.00 22720 BWI 1-11921862 SUPPER FERTILIZER R 6/26/2013 886.64CR 054150 886.64 20410 CARE NOW CORPORATE I-903208 TESTING R 6/26/2013 110.00CR 054151 110.00 02490 CENTURYLINK 1-6/10/13-7/9/13 PHONE 6/10-7/9/13 R 6/26/2013 1,395.31CR 054152 1,395.31 25120 CITY OF SAGINAW I-20130524 BOOK LOST BY PATRON R 6/26/2013 12.99CR 054153 12.99 21100 COLEMAN LAW FIR:4 I-6/24/2013 PROSECUTOR 2012-2013 R 6/26/2013 600.000R 054154 600.00 23620 COTE'S MECHANICAL I-CI42013547 ICE MACHINE RENTAL R 6/26/2013 354.00CR 054155 354.00 00700 DARR EQUIPMENT CO. I-R05742 2 TON ROLLER R 6/26/2013 1,422.42CR 054156 1,422.42 00710 DATA BUSINESS F0RMS INC. 1-90704 NAME PLATES FOR BOARD R 6/26/2013 32.09CR 054157 32.09 18190 DEPARTMENT OF INFORMATION RESOURCE I-1305102611 5/l/13-5/31/13 R 6/26/2013 29.05CR 054158 29.05 26040 ➢WYER INSTRUMENTS, INC 1-03592715 COWLING NO NELL R 6/26/2013 154.65CR 054159 154.65 25870 FLEXCON CORPORATION I-NG8714 PLASTIC SHIPPING R 6/26/2013 861.96CR 054160 861.96 18790 FUELNAN I NP38303831 VEHICLE FUEL 6/10-6/16/13 R 6/26/2013 3,705.77CR 054161 3,105.77 6/26/2013 3:45 PM A / P CHECK REGISTER PAGE: 2 PACKET: 05881 Regular Paynents 6/26/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / L D. DISC TYPE DATE DISCOUNT AMOUNT N09 AMOUNT 02610 HD SUPPLY POWER SOLUTIONS I-2258285-00 SINGLE PHASE I-2/0 METERS R 6/26/2013 7,600.000R 054162 7,600.00 18760 INDIAN CAR WASH 1-516929 100 CAR `MASH VOUCHERS R 6/26/2013 800.000R 054163 800.00 01300 JAGOE-PUBLIC CO., INC. I-12869MB HOT MIX R 6/26/2013 454.74CR 054164 I-12886MB HOT MIX R 6/26/2013 448.91CR 054164 903.65 1 M.CCORMICK, GLENDA I-MCCORMICK 6/22/13 CORN. DEP R 6/26/2013 100.000R 054165 100.00 02970 OFFICE DEPOT 1-661157836001 OFFICE SUPPLIES R 6/26/2013 14.85CR 054166 I-662877607001 SHREDDER/BATTERIES R 6/26/2013 93.95CR 054166 I-662877876001 SHREDDER/BATTERIES R 6/26/2913 108.36CR 054166 1-662877877001 SHREDDER/BATTERIES R 6/26/2013 72.49CR 054166 I-662877878001 SHREDDER/BATTERIES R 6/26/2013 19.18CR 054166 I-663024437001 SHREDDER/BATTERIES R 6/26/2013 72.49CR 054166 I-663032578001 COPY PAPER, FORKS, TOWELS R 6/26/2013 98.82CR 054166 I-663160165001 SHREDDER/BATTERIES R 6/26/2013 13.06CR 054166 I-663160414001 SHREDDER/BATTERIES R 6/26/2013 9.54CR 054166 502.74 06740 OFFICE PAX INC. I-297404 COPY PAPER R 6/26/2013 51.65CR 054167 51.65 1 PYRON, MARY ANN I-PYRO14 6/22113 CCM24. DEPOSIT R 6/26/2013 100.000R 054168 100.00 02170 REINERT PAPER 6 CHEMICAL, INC. I-300273 TRASH BAGS, TOWELS, CLEAN R 6/26/2013 74.84CR 054169 74.84 2481C RIC CONTROLS, INC I-4656 ACKER 6 COWLING WELL R 6/26/2013 1,536.000R 054170 1,536.00 16040 SHOT] ME BOOKS I-22876P7XIl CHILDREN`S BOOKS R 6/26/2013 363.000R 054171 363.00 18620 STERICYCLE I-4004194280 BLO-PICKUP R 6/26/2013 48.27CR 054172 48.27 6/26/2013 3:45 PY A / P CHECK REGISTER PACKET: 05881 Regular Payments6/26/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR LANE / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOA AMOUNT 02690 TECHLINE, INC. I-1457048-00 54" GUY STRAIN R 6/26/2013 211.50CR 054173 211.50 02790 TEXAS PUBLIC POWER ASSC. I-31099 ANNUAL DUES 8/1-7/31/14 R 6/26/2013 1,522.79CR 0541I4 1,522.79 25190 TOLLE, AUDREY I-255970 SET - OFFICE FURNITURE R 6/26/2013 25.000R 054175 25.00 02890 UNDERGROUND, INC. I-0084383-I11 REEL SWIVEL VALVE R 6/26/2013 366.97CR 054176 366.97 * ' T 0 T A L S ' ' NM4 DISCOUNTS CHECK ME TOTAL APPLIED REGULAR CHECKS: 29 0.00 30,050.29 30,050.29 HANDWRITTEN 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: 29 0.00 30,050.29 30,050.29 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes I ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: July 1, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION H ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Act on the Minor Plat of Lots 40A and 40B of the Hampton Addition, 0.459 Acres, Located at 5ti' Street and Austin Street FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is Lot 40, Block 24 of the Hampton Addition, located at the northeast corner of 5"' Street and Austin Street. The property is zoned SF-10 Single Family Residential. The property is developed with two structures, both currently unoccupied. Staffs understanding is that the secondary structure, the one on the east side facing Austin Street, was constructed by a previous owner to live in while the main structure, the house facing 5t1i Street was to be remodeled. The plat would subdivide the property into two lots, Lot 40A and Lott 40B, with each having one of the existing structures. Lot 40A would be approximately 8,000 square feet, with Lot 40B almost 12,000 square feet. The existing structure on proposed Lott 40A is located within the minimum front yard of 25 feet for a SF-10 property. At the time it was constructed, an 8-foot wide minimum side yard was likely required, since the front of the property faced 5a' Street. With this plat, the structure would become a legal, non- conforming condition. STAFF OPTIONS & RECOMMENDATION City Staff has reviewed the plat. Staff finds the plat to be in conformance with the requirements of the Subdivision Ordinance and recommends approval. List of Supporting DocameotsrExhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Aerial Photo of Subject Property Agencies: • Proposed Minor Plat of Lots 40A and 40B, On June 10, 2013, the Planning & Zoning Conanissioa Hampton Addition recommended approval of the plat. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ElWorkshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑Yes ❑Not Applicable Council Meeting Date: Submitted By: July 1, 2013 Joseph D. Miff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION H ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider a Development Agreement in Lieu of Annexation With Jaynes Vandever for the Property Legally Described as Track 53B of the J. Morton Survey, 15.29 Acres, Located on Union Hill Road FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPGRATINGEXPENSF, []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 15+ acres located on the south side of FM 455, just west of the intersection with FM 2164, and south of Union Hill Road. The development agreement would delay the annexation of the property for 10 years from execution and allow the City to apply land use and zoning regulations. STAFF OPTIONS & RECOMMENDATION Staff recommends City Council approve the development agreement, and authorize the mayor to execute it on the Cit 's behalf. List of Supporting Documents/Exhibits Attached: Prior Action(Review by Council, Boards, Commissions or Other • Map of the Subject Property Agencies: • Proposed Development Agreement None Eastern Annexations and Development Agreements STATE OF TEXAS CITY OF SANGER DENTON COUNTY CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section 43.035 and 212.172 of the Texas Local Government Code by and between the City of Sanger, Texas (the "City") and the undersigned property owners(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, James Douglas Vandever (the "Owner") owns a parcel of real property with the Legal Description of Tract 53 B of the J. Morton Survey (the "Property") in Denton County, Texas, which is more particularly and separately described in the attached Exhibit "A" (Map and Tax Record); and WHEREAS the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City, and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of the Agreement; and WHEREAS, the Development Agreement is to be recorded in the Real Property Records of Denton County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property. pursuant to Chapter 43 of the Texas Local Government Code. Section 2. The Owner shall be allowed to continue the current use (per effective date of this agreement) of the property (agricultural), and expand such use(s) as allowed within Denton County Lake Ray Roberts zoning regulations for residential (RI, R2 or R3) or Recreational Commercial (RC) districts. Any other use or application for a zoning change to the Lake Ray Roberts Zoning Commission, without the prior written consent of the City, shall be deemed as a request for voluntary annexation and the property will be immediately annexed within the City Limits of Sanger. Development Agreement The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the property as permitted in Section 2. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 4. The term of this Agreement (the Term) is ten (10) years from the date that the Mayor's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 5. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser of grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Sanger Attention: City Manager PO Box 1729 Sanger, Texas 76266 Section 6. This Agreement shall run with the Property and be recorded in the Real Property Records of Denton County, Texas. Section 7. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of the Agreement shall remain in full force and effect. Section 8. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 9. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement of the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Page 2 of 3 Development Agreement Section 10. Venue for this Agreement shall be in Denton County, Texas. Section 11. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 12. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Section 3 and 4 herein. Entered into this day of , 20 Owner Signature: Printed Name: Owner Signature: Printed Name: City of Sanger Thomas Muir, Mayor THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 20_, by , Owner. Notary Public, State of Texas Page 3 of 3 CSGR L 7T88AS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ workshop ❑ Executive ❑ Public Hearing Reviewed by Legal I ❑ Yes 10 Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: July 1, 2013 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 Consider, Discuss and Approve the Purchase of the Property Located at 201 N. 5th Street, from Denton County in the Amount of $180,000, Plus Closing Costs, Authorize the City Manager to Execute the Contract, Close on the Property, Authorize the use of Unallocated EF Funds to be used for the Purchase and Authorize the Additional Expenditure of $50,000 From Unallocated EF Funds for Remodeling and Improvements When Property is Purchased. FINANCIAL SUMMARY ®N/A []GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGE:TED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: CONTRACT FOR SALE OF REAL PROPERTY This Contract for Sale of Real Property ("the Contract") described herein, is hereby made by and entered in to between DENTON COUNTY, TEXAS ("the Seller") and City of Sanger, Texas ("the Purchaser"). The County and the City are collectively referred to herein as "the Parties." ARTICLE I. THE PROPERTY Subject to the terms and provisions of this Contract, the Seller agrees to sell and eonveyto the Purchaser, by Special Warranty Deed, and the Purchaser agrees to purchase from the Seller that certain parcel of real property described below and hereinafter referred to as the "Property." The Property is described as follows: LEGAL DESCRIPTION: All that certain lot, tract or parcel of land situated in the R. Bebee Survey, Abstract 39, City of Sanger, Denton County, Texas and being further described in Exhibit "A" attached hereto. This sale includes: all casements, right-of-way, licenses, rights, hereditaments, privileges and interests in any way affecting or serving any or all of the Property. The Seller will execute and deliver to the Purchaser, at closing of the sale or thereafter on demand, all proper instruments for the conveyance of title. ARTICLE 11. PURCHASE PRICE It is understood and agreed by the Parties that this conveyance is to be made and the purchase price of ONE HUNDRED EIGHTY THOUSAND AND NO/100 DOLLARS ($180,000.00). The consideration is to be paid as follows: five percent (5%) of the entire purchase price in cash, to be paid in escrow as earnest money upon execution of this contract, the balance of the purchase price to be paid in fill at closing by the Purchaser. For the purpose of securing the performance of the Purchaser under the terms and provisions of this Contract, the Purchaser, shall submit $9,000.00 Earnest Money within (5) days from the date this Contract is fully executed, to the title company, identified below, as Escrow Agent, together with a copy of this Agreement. Upon completion of this sale, if consummated, the earnest money and all interest accrued thereon shall be credited toward the purchase price and shall be paid over to the Seller by the Escrow Agent. Rea( Estate Contract —Sanger Govem Bent Center Page I or 16 ARTICLE 111. TITLE, SURVEY AND TESTS The Purchaser, after sixty (60) days prior to the closing date but before thirty (30) days prior to the closing date, shall cause to be famished to the Purchaser a current commitment for owner policy of title insurance issued by Freedom Title of Texas, describing the land, which legal description, unless modified by the survey referred to in this contract shall be deemed incorporated into this contract, and accompanied by copies of all recorded instruments referred to in the commitment as conditions or exceptions to title to the Property. With regard to the standard printed exceptions and other exceptions generally included in a commitment, (i) the exception for restrictive covenants shall be annotated either "None of Record" or "None of Record except ... (restrictions listed), " (ii) the exception for ad valorem taxes shall reflect only taxes for the current year and shall be annotated "not yet due and payable," (iii) there shall be no exception for "visible and apparent easements," for "public or private roads" or the like, except if reference is made to a specified survey and a specified unrecorded exception shown on the survey, (iv) there shall be no exception for "rights of parties in possession" and (v) the exception for area and boundaries shall be annotated to show that the boundary portion of the exception will be deleted at closing. Should the commitment show the condition of title to be objectionable, and in the event the Purchaser so objects, the Seller shall promptly undertake to eliminate or modify all such objectionable matters to the reasonable satisfaction of the Purchaser. In the event the Seller is unable to do so within 10 days after receipt of written notice, this Agreement shall be null and void for all purposes and all earnest monies deposited shall be returned by the title company to the Purchaser, and thereupon both the Seller and the Purchaser shall be released from all obligations to each other under this contract; otherwise the condition shall be deemed to be acceptable and any objection to the condition shall be deemed to have been waived for all purposes. The Seller also agrees to notify the Purchaser of any title encumbrances other than those contained in the contract of sale as permitted exceptions, and to fiimish copies of those encumbrances, whether or not they are listed in the title commitment. The Purchaser, at the Purchaser's sole cost and expense, may order and cause to be delivered to the Purchaser and the title company named above, 10 days prior to closing a current survey of the Property, staked on the ground, showing the location of all improvements, highways, streets, roads, fences, easements, drainage ditches, right-of-way, creeks and water courses on or adjacent to the Property, if any, for purposes of deleting from the title policy to be issued the printed exceptions as to discrepancies, conflicts, or boundary line encroachments. The survey shall contain the Surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres and the number of acres comprising the property, together with a metes and bounds description of the Property. The term "net acres" shall mean the number of acres contained within the boundaries of the Property, exclusive of any land lying within easements, right-of-way, encroachments, Real Estate Contract— Sanger Government Center Page 2 of 16 creeks, or other water courses and shall be calculated to the nearest one thousandth of an acre. The survey report and findings of the surveyor must be acceptable to escrow agent and the Purchaser and satisfy all requirements of this contract. ARTICLE IV. REPRESENTATIONS The Seller hereby represents and warrants to the Purchaser the following warranties which shall be deemed made by the Seller to the Purchaser also as of the closing date: As a material part of the consideration for the Special Warranty Deed from the Seller to the Purchaser in attached Exhibit "B," the Seller and the Purchaser agree that the Purchaser is taking the Property "AS IS" with any and all latent and patent defects and that there is no Warranty by the Seller, that the Property has a particular financial value or is fit for any particular purpose. The Purchaser acknowledges and stipulates that the Purchaser is not relying on any representation, statement, assertion or non -assertion by the Seller or the Seller's agents with respect to the Property's condition, but is relying solely on the Purchaser's own examination of the Property. The Purchaser takes the Property with the express understanding and stipulation that there are no express or implied warranties by the Seller or the Denton County Commissioners Court (except warranties oftitle in the Special Warranty Deed). The Seller, hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or finhu•e, of, as to, or concerning: (a) the nature and condition of the Property or other items conveyed hereunder, including without limitation, the water, soil and geology, the suitability thereof and of the Property or other items conveyed hereunder for any and all activities and uses which the Purchaser may elect to conduct thereon, the existence of any environmental hazards or conditions thereon (including, but not limited to, the presence of asbestos or other hazardous materials) or compliance with applicable environmental laws, rules and regulations; (b) the nature and extent of any right-of-way, lease possession, lien encumbrance, license, reservation, condition or otherwise; and (c) the compliance of the Property or its operation with any laws, ordinances or regulations of any governmental entity or body. The Purchaser acknowledges that the Purchaser has inspected the Property and that the Purchaser is relying solely oil the Purchaser's own investigation of the same and not on any information provided or to be provided by or on behalf of the Seller. The Purchaser further acknowledges that any information provided with respect to the Property or other items conveyed hereunder was obtained from a variety of sources, and the Seller: (1) has not made any independent investigation or verification of such information; and (2) does not make any representations as to the accuracy or completeness of such information. This conveyance is made on an "AS IS," "WHERE IS" and "WITH ALL FAULTS" basis, and the Purchaser expressly acknowledges that, except as otherwise specified herein, The Seller has made no warranty or representation, express or implied, or arising by operation of law, including, but not limited to, any warranty of condition, title (except as specifically set forth and limited in the Special Warranty), habitability, merchantability or fitness for a particular purpose with respect to the Property, all such representations and warranties, as well as any implied warranties being expressly disclaimed. Real Estate Contract— Sanger Government Center Page 3 of 16 By approval of this contract, the Purchaser agrees that the Seller shall not be responsible or liable to the PLII'ehaSCr for any conditions affecting the Property, as the Purchaser is purchasing the same "AS IS," "WHERE IS" and "WITH ALL FAULTS." The Purchaser or anyone claiming by, through or under the Purchaser, hereby filly releases the Seller, the Seller's employees, officers, representatives, attorneys and agents from any and all claims that the Purchaser may now have or hereafter acquire against the Seller, and the Seller's employees, officers, representatives, attorneys and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any conditions affecting the Property. The Purchaser further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and unsuspected claims, damages and causes of action. This covenant releasing the Seller shall be a covenant running with the Property and shall be binding upon the Purchaser. It is understood and agreed that the purchase price has been adjusted by prior negotiation to reflect that the entire subject Property is sold by the Seller and purchased by the Purchaser subject to the foregoing: • There are no defaults under any existing mortgages secured by the subject tract and no default shall be created because of this sale; • There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property or any part of the property, nor to the best knowledge and belief of the Seller is any such proceeding or assessment contemplated by any government authority; • There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers; • The Property has full and free access to and from public highways, streets , or roads, and to the best knowledge and belief of the Seller there is no pending or threatened governmental proceeding which would impair or result in the termination of such access; • No work has been performed or is in progress by the Seller and no materials have been famished to the land or improvements or any portion of them which might give rise to mechanic's, materialmen's or other liens against the land or improvements or any portion of them. The Purchaser hereby agrees to indenmify,protect, defend, save and hold harmless the Seller, the Denton County Commissioners Court, the Seller's employees, officers, representatives, attorneys and agents from and against any and all debts, duties, obligations, liabilities, suits, claims, demands, causes of action, damages, losses, costs and expenses (including, without limitation, attorney's fees and expenses and court costs) in any wayrelating to, connected with, or arising out of the Property or the ownership, leasing, use, operation, maintenance and management thereof from and atlerthe date hereof, including, without limitation, the cost of any removal of hazardous substances or contaminants from the Property and other items conveyed hereunder. This indemnity survives the closing of this transaction. Real Gstate Contact — Sanger Government Center Page 4 of 16 If prior to the closing date the Seller discovers one or more of such representations to be untrue or inaccurate, the Seller will inform the Purchaser in writing of the discovery. The Seller's representations shall not survive the closing except to the extent that the Seller has actual knowledge of an untruth or inaccuracy and fails to reveal that knowledge to the Purchaser prior to the closing. Notwithstanding the innnediatelyprecedung sentence, if within 10 days from the date this contract is fully executed the Seller gives written notice that any representation is incorrect, the Seller shall not be bound by that representation; however, within 10 days after the Seller's delivery of notice to Purchaser, the Purchaser may tenninate this contract and all earnest monies previously deposited with the title company shall be immediately returned to the Purchaser. ARTICLE V. CLOSING The closing shall be held at the office of Freedom Title of Texas, 1 173 Bent Oaks Drive, Denton, Texas 76201 (940-380-8822) on or before , or at such time, date, and place as the Seller and the Purchaser may agree ("closing date"). At the closing the Seller shall: Deliver to the Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the property, free and clear of any and all liens, encumbrances, easements, assessments and restrictions, except; (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by the Purchaser pursuant to Article 11; and (c) Any exceptions approved by the Purchaser in writing. 2. Deliver to the Purchaser possession of the Property At the closing the Purchaser shall: Obtain, at the Purchaser's own expense, a Texas Owner's Title Policy issued by Freedom Title of Texas in the Purchaser's favor in the full amount of the purchase price, insuring the Purchaser's fee simple title to the property subject only to those title exceptions listed in Article VI, such other exceptions as may be approved in writing by the Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable;" and Real Estate Conimet— Sanger Government Center Page 5 of 16 (b) The boundary and survey exceptions shall be deleted, if the Purchaser elects to pay for survey; and (c) The exception as to restrictive covenants shall be endorsed "none of record." 2. Pay in cash the balance of the purchase price and any other costs agreed to be paid the Purchaser. 3. Provide to the Seller a copy of any reports regarding the property which were obtained by the Purchaser. General real estate taxes for the then current year relating the property and rents, if any, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing occurs before the tax rate is fixed for the next current year, the apportionment of taxes shall be on the basis of the tax rate for the next preceding year applied to the latest assessed valuation. The Seller shall pay for tax certificates, preparation of the deed, one-half of the escrow fee, and the Seller's own attorney's fees. The Purchaser shall pay for the Purchaser's owner's title policy, the Purchaser's survey, one-half of the escrow fee and the Purchaser's own attorney's fees. Should there be any title curative instrument, that instrument shall be prepared and recorded at the Purchaser's expense. ARTICLE VI. AUTHORITY All parties to this Contract warrant and represent that they have the power and authority to enter into this Contract in the names, titles, and capacities stated in this Contract and on behalf of any entities, persons, estates, or firms represented or purported to be represented by that person, and that all formal requirements necessary or required by any state and/or federal law in order for the Seller to enter into this Contract have been fully complied with. In addition, the Seller hereby warrants and covenants that the Seller has the power and authority to sell the Property, and that the Seller represents all persons or parties that have any legal or beneficial interest in and to the Property or any part of the Property. ARTICLE VII. SURVIVAL Or COVENANTS/ASSIGNMENTS Any of the representations, covenants, warranties and agreements of the Parties, as well as any rights and benefits of the Parties, that contemplate performance after the time of closing of this Contract shall not be deemed to be merged into or waived by the instruments of closing, but shall expressly survive and be binding on the Parties so obligated. This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties. In this connection, it is expressly understood that the Purchaser shall have the right to transfer the Purchaser's rights, privileges, titles, options, and equities under this agreement on receiving the Seller's prior written approval, which shall not be unreasonably withheld, to anyperson, partnership, limited partnership, Real Estate Contract— Sanger Government Center Page 6 or 16 or corporation, and, on doing so, the Purchaser's assignee shall succeed to all rights, privileges, titles, options, equities, obligations and liabilities of the Purchaser under this Contract, both those then accrued and those thereafter to accrue, and will be and become the Purchaser of the Property under this Contract, and the Seller will accept the performance by such assignee, as fully as if the assignee had been initially named in this Contract as the Purchaser. ARTICLE VIII. NOTICE Any notice required or permitted to be given under this Contract by one party to the other shall be in writing and shall be given and be deemed to have been served and given as if delivered in person, to the address set forth below, on the party to whom notice is given, if placed in the United States Mail, postage prepaid, certified mail, return receipt requested and addressed to the party at the address specified below. The address for the Seller for all purposes contained in this agreement and for notice under this agreement shall be: Honorable Mary Horn, Denton County Judge, 110 W. Hickory, Denton, Texas 76201, with copy to Denton County Criminal District Attorney's Office — Civil Division, 1450 E. McKinney Street, Suite 3100, Denton, Texas 76209. The address of the Purchaser for all purposes contained in this Contract and for all notices hereunder shall be: City of Sanger, Attention: Mike Brice, 502 Elm Street, Sanger, Texas 76266. ARTICLE IX. TEXAS LAW This Contract shall be construed under and in accordance with the laws of the State of Texas and all obligations of the Parties created under this Contract are performable in Denton County, Texas. If any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabilityshall not effect any other provision of this Contract and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Contract. ARTICLE X. PARTIES BOUND This Contract shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted bythis Contract. ARTICLE XI. TIME OF ESSENCE Time is of the essence in this Contract. Real Estate Contract —Sanger Govemment Center Page 7 of 16 ARTICLE XII. PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the Parties and supersedes any prior understandings or written or oral agreements between the Parties respecting the subject matter contained in the Contract. ARTICLE XIII. GENDER Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. ARTICLE XIV. HEADINGS The headings contained in this Contract are for reference proposes only and shall not in any way affect the meaning or interpretation of the Contract. ARTICLE XV. DEFAULT On failure of the Purchaser to complete this sale for reasons other than those provided by the terms of this Contract, the Seller shall have the right to retain the earnest monies previously paid as reasonable and foreseeable damages and this Contract shall be null and void; and all obligations under this Contract shall cease and terminate. Further, if title to the Property is found objectionable and is not cleared within the time provided above, on the failure of any condition precedent, representation, covenant and/or warranty, or on the failure of the Seller to comply with the terns of this Contract and/or complete this sale and purchase, the Purchaser shall, at the Purchaser's option, be entitled to receive on written demand a refiind of all eanmestmoney previously deposited orpaid, and the escrow agent shall immediately return those deposits, releasing the Seller from any liability or obligation under the terms of this Contract on refund of the earnest money and this Contract shall terminate forever. Alternatively, the Purchaser, at the Purchaser's election, may enforce specific performance of this Contract or be entitled to such other legal and/or equitable remedies as may be available to the Purchaser. The parties hereby agree to execute and release required by the escrow agent to effect the refund. ARTICLE XVI. TIME LIMIT In the event a frilly executed copy of this Contract has not been returned to the Purchaser by 5:OO p.m, on , the Purchaser shall have the right to terminate this Contract on written notice to the Seller. This Contract is executed in multiple originals and any fidly executed copy shall constitute an original, effective as of the date and year provided below. Real Estate Contract —Sanger Government Center Page 8 of 16 ARTICLE XVII. ENVIRONMENTAL REVIEW PERIOD Any term or provision of this Contract notwithstanding the obligations of the Purchaser specified in this Contract are wholly conditioned on the Purchaser's having determined, in the Purchaser's discretion, during the period commencing with the date of this Contract is filly executed and ending ninety (90) calendar days thereafter (the "Environmental Review Period"), based on tests, examinations (including intrusive examination, as deemed necessary by the Purchaser), studies, investigations and inspections of the environmental condition of the Property to determine the existence of any environmental hazards or conditions in any environmental media, performed at the Purchaser's sole cost, that the Purchaser finds the environmental condition of the Property suitable for the Purchaser's purposes. The Purchaser is herein granted the right to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. Notwithstanding any other provision of this Contract to the contrary, if the Purchaser determines, in its sole judgment, that the environmental condition of the Property is not suitable for the Purchaser's intended use of purpose, the Purchaser mayterminate this Contract by writtennotice to the Seller as soon as reasonably practicable, but in any event prior to the expiration of the Environmental Review Period, in which case the Earnest Moneywill be immediately returned to the Purchaser, and neither the Purchaser nor the Seller shall have any further duties or obligations hereunder. ARTICLE XVIII. SELLER'S COVENANTS From the date of this Contract until the Closing Date, the Seller shall: Not enter into any written or oral contract, lease, easement or right-of-way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing Date or would be binding on the Purchaser or the Property after the Closing Date. ii. Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. ARTICLE XIX RISK OF LOSS If any damage or destruction to any improvement located on the Property shall oecurprior to the Closing Date, or if any third party condemnation or eminent domain proceedings are threatened or initiated that might result in the taking of any portion of the Property prior to the Closing date, the Purchaser may, at the Purchaser's option, do any of the following: a. Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to the Purchaser and neither the Purchaser nor the Seller shall have any further duties or obligations hereunder; or Real Estate Contract— Singer Government Center Page 9 of 16 b. Consummate this Contract as if such casualty loss or eminent domain proceeding shall not have occurred. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE SELLER AND THE PURCHASER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED 2013. PURCHASER: Mike Brice, City Manager SELLER: Mary Horn, Denton County Judge Real Gstate Contract — Sanger Government Center Page 10 of 16 EXHIBIT "A" All that certain lot, tract or parcel of land situated in the R. Bebee Survey, Abstract 29, City of Sanger, Denton County, Texas and being part of Block 22, Original Town of Sanger, recorded in Volume 48, Page 630, Deed Records and being all of tracts one and two, described in a deed to C. H. Easley, recorded in Volume 841, Page 377, Deed Records, and being all of a tract described in a deed to C. H. Easley, recorded in Volume 1520, Page 518, Deed Records and all of a tract described in a deed to C. 11. Easley, recorded in Volume 1868, Page 999, of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 112 inch iron rod set at the Northeast corner of said Block 22, said corner being at the intersection of the South line of Bolivar Street with the West line of Fifth Sheet; THENCE South, with the West line of said Fifth street a distance of 220.00 feet to a %2 inch rod set at the Southeast corner of said block 22 said corner being at the intersection of the North line of Cherry Street with the West line of said Fifth Street; THENCE South 89' 23' 00" West, with the North line of said Chevy Street, a distance of 100.00 feet to a %2 inch iron rod set for corner; THENCE North, a distance of 220.00 feet to a %2 inch rod found on the South line of said Bolivar Street, and on the North line of said Block 22; THENCE North 89° 23' 00" East, with said North line of said Block 22, and with the South line of said Bolivar Street, a distance of 100.00 feet to the POINT OF BEGINNING. Real Rstnte Contract —Sanger Government Center Page I I of 16 Exhibit "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT THE UNDERSIGNED, DENTON COUNTY, TEXAS, whose address is 110 W. Hickory Street, 2ad Floor, Denton, Texas 76201, hereinafter "Grantor," whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby frilly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto City of Sanger, a duly organized and existing political subdivision of the State of Texas, whose address is 502 Elm Street, Sanger, Texas 76266, hereinafter "Grantee," the real property described in attached Exhibit "A," hereinafter "the Property." This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of Denton County, Texas. TO HAVE AND TO IIOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, successors or assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, successors or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, successors or assigns, against every person whomsoever lawfully claiming or to claim the same or arty part thereof when the claim is by, through, or under Grantor but not otherwise. Rail Estate Contract —Sanger Government Center Page 12 or 16 Grantor, hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or concerning: (a) the nature and condition of the Property or other items conveyed hereunder, including without limitation, the water, soil and geology, the suitability thereof and of the Property or other items conveyed hereunder for any and all activities and uses which Grantee may elect to conduct thereon, the existence of any environmental bazards or conditions thereon (including, but not limited to, the presence of asbestos or other hazardous materials) or compliance with applicable environmental laws, rules and regulations; (b) the nature and extent of any right-of-way, lease possession, lieu encumbrance, license, reservation, condition or otherwise; and (c) the compliance of the Property or its operation with any laws, ordinances or regulations of any governmental entity or body. Grantee acknowledges that Grantee has inspected the Property and that Grantee is relying solely on Grantee's own investigation of the same and not on any information provided or to be provided by or on behalf of Grantor. Grantee further acknowledges that any information provided with respect to the Property or other items conveyed hereunder was obtained from a variety of sources, and Grantor: (1) has not made any independent investigation or verification of such information; and (2) does not make any representations as to the accuracy or completeness of such information. This conveyance is made on an "AS IS," "WHERE IS" and "WITH ALL FAULTS" basis, and Grantee expressly acknowledges that, except as otherwise specified herein, Grantor has made no warranty or representation, express or implied, or arising by operation of law, including, but not limited to, any warranty of condition, title (except as specifically set forth and limited in this Deed), habitability, merchantability or fitness for a particular purpose with respect to the Property, all such representations and warranties, as well as any implied warranties being expressly disclaimed. By Grantee's acceptance of this Deed, Grantee agrees that Grantor shall not be responsible or liable to Grantee for any conditions affecting the Property, as Grantee is purchasing the same "AS IS," "WHERE IS" and "WITH ALL FAULTS." Grantee or anyone claiming by, through or under Grantee, hereby fully releases Grantor, Grantor's employees, officers, directors, representatives, attorneys and agents from any and all claims that Grantee may now have or hereafter acquire against Grantor and Grantor's employees, officers, directors, representatives, attorneys and agents for any Real Pstate Contract —Sanger Government Center Page 13 of 16 cost, loss, liability, damage, expense, demand, action or cause of action arising from orrelated to any conditions affecting the Property. Grantee further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and unsuspected claims, damages and causes of action. This covenant releasing Grantor shall be a covenant running with the Property and shall be binding upon Grantee. Grantor hereby assigns without recourse or representation of any nature to Grantee, effective upon the execution and delivery hereof, any and all claims that Grantor may have for any such errors, omissions or defects in the Property. As a material covenant and condition of this conveyance, Grantee agrees that in the event of any defects, or other conditions affecting the Property, Grantee shall look solely to Grantor's predecessors or to such contractors and consultants as may have contracted for work in coimection with the Property for any redress or relief. Upon the assignment by Grantor of Grantor's claims, Grantee releases Grantor of all rights, express or implied, Grantee may have against Grantor arising out of or resulting from any defects in the Property. Grantee filrther understands that some of Grantor's predecessors in interest may be or become insolvent, bankrupt, judgment proof or otherwise incapable of responding in damages, and Grantee may have no remedy against such predecessors, contractors or consultants. To the extent allowed by Texas law, Grantee hereby agrees to indemnify, protect, defend, save and hold harmless Grantor and Grantor's employees, officers, directors, representatives, attorneys and agents from and against any and all debts, duties, obligations, liabilities, suits, claims, demands, causes of actions, damages, losses, costs and expenses (including, without limitation, attorney's fees and expenses and court costs) in any way relating to, connected with, or arising out of the Property or the ownership, leasing, use, operation, maintenance and management thereof from and after the date hereof, including, without limitation, the cost of any removal of hazardous substances or contaminants from the Property and other items conveyed hereunder. It is understood and agreed that the purchase price has been adjusted by prior negotiation to reflect that all of the Property is sold by Grantor and purchased by Grantee subject to the foregoing. Real Estate Contract — Sanger Government Center Page 14 of 16 Executed this day of 2013. GRANTOR: DENTON COUNTY, TEXAS, by and through the presiding officer of the Denton County Commissioners Court THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, a Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 2013. NOTARY PUBLIC, STATE OF TEXAS PRINTED NAME OF NOTARY MY COMMISSION EXPIRES: GRANTEE: City of Sanger 502 Elm Street Sanger, Texas 76266 Real Estate Contract— Sanger Government Center Page 15 of 16 EXHIBIT "A" All that certain lot, tract or parcel of land situated in the R. Bebee Survey, Abstract 29, City of Sanger, Denton County, Texas and being part of Block 22, Original Town of Sanger, recorded in Volume 48, Page 630, Deed Records and being all of tracts one and two, described in a deed to C. H. Easley, recorded in Volume 841, Page 377, Deed Records, and being all of a tract described in a deed to C. H. Easley, recorded in Volume 1520, Page 518, Deed Records and all of a tract described in a deed to C. H. Easley, recorded in Volume 1868, Page 999, of the Deed Records of Denton County, Texas, and being more Particularly described as follows: BEGINNING at a 1 J2 inch iron rod set at the Northeast corner of said Block 22, said corner being at the intersection of the South line of Bolivar Street with the West line of Fifth Street; THENCE South, with the West line of said Fifth street a distance of 220.00 feet to a'h inch rod set at the Southeast corner of said block 22 said corner being at the intersection of the North line of Cherry Street with the West line of said Fifth Street; THENCE South 89° 23' 00" West, with the North line of said Cherry Street, a distance of 100.00 feet to a %2 inch iron rod set for corner; THENCE North, a distance of 220.00 feet to a %2 inch rod found on the South line of said Bolivar Street, and on the North line of said Block 22; THENCE North 89' 23' 00" East, with said North line of said Block 22, and with the South line of said Bolivar Street, a distance of 100.00 feet to the POINT OF BEGINNING. Real EState Contract— Smiger GOVCO➢rent Center Page 16 of 16 Council Resolution #R07-12-13 A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The City of Sanger, hereby nominates Sue Rosson Tejml as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: Tami Taber, City Secretary day of July, 2013. Thomas Muir, Mayor SUE ROSSON TEJML succoppercanyonna aol.com EDUCATION: University of Texas at Austin (B.A. History) Texas A&M University at Kingsville (M.A. History) Rice University (full scholarship for PhD history, lack dissertation for degree) NYU Law School (2 years), University of Houston Law School (LL.B.) ,_y MAYOR: Town of Copper Canyon for 8 years, re-elected unopposed 5th term 2013-2015 Argyle Volunteer Fire District Board (Served 8 years, 2005 to present) Denton County Emergency Services District #1 Our small town's dilemma was inability to adequately fund emergency services. The Founding Committee's task was to educate residents on the benefits of an ESD. The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#1 was created in 2006 by a 62% positive vote in a district -wide election. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. The Town Council contracted to pay for two Sheriffs Deputies dedicated to Copper Canyon for 80 hours per week. On every shift the Deputy patrols each street in Copper Canyon at least once and sometimes twice. The result has been a virtually crime free community for the past six years. Drafting Committee: "Best Practices for Municipalities and Gas Pipelines" (Adopted 2010 by most cities and pipeline corporations with gas pipeline operations in Denton County.) This was a collaborative effort of Mayors, Denton County Commissioners, and the Texas Pipeline Association. The goal was to expedite safe pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Initiated Annual Denton County Mayors Crime Luncheon (2012-2013) The goal is to coordinate information on area crime between the Mayors, the Police Chiefs, the Denton County Sheriffs Office, the Commissioners Court, our Texas Legislature representatives, and our US Congressman. LEGAL: Solo Attorney 15 years (General Civil Practice - municipal, family law, oil & gas) Matagorda County Bar Association - President State Bar of Texas State - CLE Committee, District 5 Admissions Texas Bar Foundation - Life Member Denton Bar Association FAMILY LAW: Board Certified Family Law (for 10 years) Texas Supreme Court Committee on Child Support Guidelines Texas Supreme Court Committee on Child Visitation Guidelines MUNICIPAL: City Attorney of Bay City, Texas (for 6 years; population approx. 20,000) Municipal Prosecutor & Legal Advisor to Bay City Police Department Bay City Charter Commission (elected public office, elected Co -Chairman) Texas City Attorneys Association VOLUNTEER: CASA of Denton County (2003-2005) (Volunteer as a Court appointed Special Advocate for abused children) HUG Romania — Volunteer in a Romanian orphanage for 3 weeks EISENHOWER "People to People" Ambassador — Texas guest of China's Dept. of Justice for one month with 50 USA women attorneys and judges. 1 -T 101011", hl WO Isv CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES MAY 31, 2013 YTD OVER BUDGET REVENUE -GENERAL FUND ACTUAL BUDGET (UNDER)BUDGET Taxes 2,125,190 2,418,500 (293,310) Franchise Fees 350,265 582,600 (232,335) License & Permits 79,940 86,210 (6,270) Fire & Ambulance 273,358 466,500 (193,142) Fines & Forfeitures 116,962 248,112 (131,150) Other 127,159 162,300 (35,141) Solid Waste 450,216 652,000 (201,784) TOTAL REVENUE 3,523,090 4,616,222 (1,093,132) ACTUAL % OF BUDGETED REVENUE 76% YTD (OVER) BUDGET EXPENDITURES -GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 327,178 544,026 216,848 Police & Animal Control 904,334 1,366,591 462,257 Fire & Ambulance 458,974 920,110 461,136 Municipal Court 126,963 211,793 84,830 Development Services 152,820 239,169 86,349 Streets 229,515 339,993 110,478 Parks & Recreation 320,956 578,593 257,637 Library 156,033 197,142 41,109 Solid Waste 400,566 560,000 159,434 TOTAL EXPENDITURES 3,077,339 4,957,417 1,880,078 REVENUE OVER (UNDER) EXPENDITURES 445,751 (341,195) 786,946 OTHER FINANCING SOURCES (USES) Transfer from 4A 20,500 (20,500) Transfer from 4B 20,500 (20,500) Transfer from Debt Service 110,000 (110,000) Transfer from Enterprise Fund 200,000 (200,000) CHANGE IN FUND BALANCE 445,751 9,805 435,946 FUND BALANCE - BOY 783,202 773,397 9,805 FUND BALANCE - EOY 1,228,953 783,202 445,751 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 GENERAL FUND REVENUE BUDGET AND ACTUAL ■ Actual ■ Budget w W Ffl __0 Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste 88 % 60% 93 % 59 % 47 % 78 % 69 % EXPECTED % OF BUDGETED REVENUE 67% GENERAL FUND EXPENDITURES BUDGET AND ACTUAL $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Administration Police & Animal Fire & Control Ambulance 60% 66% 50% ipal Court Development Streets Services 60% 64% 68% ■ Actual ■ Budget Parks & Library Solid Waste Recreation 55% 79% 72% ACTUAL % OF BUDGETED EXPENDITURES 62% 1 1 EXPECTED % OF BUDGETED EXPENDITURES 67% REVENUE -ENTERPRISE FUND Water Wastewater Tap Fees Electric Interest Miscellaneous TOTAL REVENUE CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES MAY 31, 2013 OVER BUDGET YTD ACTUAL BUDGET (UNDER) BUDGET 725,861 1,290,119 (564,258) 656,802 1,118,323 (461,521) $8,000,000 341,550 160,000 181,550 4,302,520 7,947,500 (3,644,980) $7,000,000 11,245 29,000 (17,755) 238,180 51,500 186,680 $6,000,000 6,276,158 10,596,442 (4,320,284) $5,000,000 ACTUAL % OF BUDGETED REVENUE 59% (OVER) BUDGET EXPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET UNDER BUDGET Administration 548,837 846,730 297,893 Water 704,573 1,007,383 302,810 Wastewater 324,275 646,021 321,746 Electric 3,737,870 6,412,483 2,674,613 Debt Service 340,115 781,675 441,560 TOTAL EXPENDITURES 5,655,670 9,694,292 4,038,622 REVENUE OVER (UNDER) EXPENDITURES 620,488 902,150 (281,662) OTHER FINANCING SOURCES (USES) Transfers to General Fund (200,000) 200,000 Transfers to Capital Project Fund (388,497) (638,497) 250,000 Transfers to Cap Proj - WW (65,692) (111,832) 46,140 Transfers to Storm Recovery Fund (86,050) (154,000) 67,950 Total Transfers (540,239) (1,104,329) 564,090 CHANGE IN FUND BALANCE 80,249 (202,179) 282,428 FUND BALANCE- BOY 5,772,544 5,974,723 (202,179) FUND BALANCE - EOY 5,852,793 5,772,544 80,249 ACTUAL % OF BUDGETED EXPENDITURES 58% ENTERPRISE FUND EXPENDITURES •Actual BUDGET AND ACTUAL ■ Budget $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Debt Serv Administration Water Wastewater Electric 65 % 70 % 50 % 58 % ice 44 EXPECTED % OF BUDGETED EXPENDITURES 67% CITY OF SANGER, TEXAS GENERAL CIP FUND REVENUE & EXPENDITURES MAY 31, 2013 (Beginning Fund Balance Revenues Interest Income Denton County Interlocal - Belz Road Transfer from Enterprise Fund - Keaton & 5th Sidewalks Transfer from 4B for Downtown Brick Sidewalks Tranfer from Enterprise Fund - Bond Reserves Total Revenues Expenditures 4B Sports Complex Drainage - 4th & Sims Keaton & 5th Sidewalks Freese Reconstruction & Sidewalk Belz Extension - East of 135 Brick Sidewalk - Downtown Park Transfer to Enterprise Fund-WW Capital Reserve Total Expenditures Ending Fund Balance Non Cash Adjustments to Fund Balance Denton County Interlocal Accounts Payable Ending Cash and Invesments Project Encumbrances Prior Month Current Month I $ 224,097 $ 224,097 1 335 335 102,100 102,100 25,000 25,000 4,500 363,497 127,435 495,432 5,714 5,714 34,600 34,600 51,755 51,755 715 715 55,500 73,000 4,300 206,507 148,284 376,591 203.248 342.938 1 (102,100) 2,610 (102,100) 6,192 103,758 247,030 124,010 106,510 CASH AND INVESTMENTS Unrestricted: Cash for Operations Investments for Operations Capital Projects: Capital Improvements Restricted: Debt service Water Deposits Equipment Replacement Hotel Occupancy Tax Library Keep Sanger Beautiful (KSB) Court Security Court Technology One Plus Donations' TOTAL CASH AND INVESTMENTS Equipment Repla 3% Water Deposits 4% Debt service 18% Capit 28% CITY OF SANGER, TEXAS CASH AND INVESTMENTS MAY 31, 2013 ENTERPRISE DEBT SERVICE CAPITAL GENERALFUND FUND FUND PROJECTS FUND TOTAL $ 266,234 $ 1,630,964 $ 351,270 $ 247,030 $ 2,459,322 610,454 586,775 1,197,229 2,131,395 2,131,395 1,110,065 303,681 1,413,746 335,066 335,066 160,308 41,869 202,177 13,174 13,174 66,961 66,961 4,763 4,763 4,284 4,284 5,303 5,303 273 273 $ 1,131,481 $ 5,836,407 $ 654,951 $ 247,030 $ 7,833,693 CASH AND INVESTMENTS May 31, 2013 Cash for Operations 32% vestments for Operations 15% General Fund Cash and Investments May 31, 2013 Balance Name Acct. # Maturity Yield* Prior Month End of Month Restricted Pooled Cash 001-00-1000 0.05% $ 630,270 $ 266,191 Employee Benefits Fund 110-00-1000 0.20% 32,914 43 OPERATING ACCOUNTS $ 663,184 $ 266,234 GF Contingency Reserve MM 2487969 001-00-1031 0.20% $ 151,569 $ 201,596 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2014 0.35% 203,964 204,139 GF Contingency Reserve CD 642606 001-00-1043 7/13/2013 0.40% 204,651 204,719 CONTINGENCY RESERVE $ 560,184 $ 610,454 GF Equipment Replacement MM 2376237 001-00-1032 0.20% $ 98,326 $ 98,343 y GF Equipment Replacement CD 719706 001-00-1033 7/6/2013 0.80% 61,924 61,965 Y EQUIPMENT REPLACEMENT RESERVES $ 160,250 $ 160,308 Hotel Occupancy Tax 050-00-1000 0.05% $ 13,174 $ 13,174 Y Library Building Expansion CD 702994 001-00-1035 1/22/2014 0.40% 50,107 50,123 Y Library Restricted Fund Balance for Building Expansion 16,507 16,838 Y Beautification Board Restricted Fund Balance - KSB 4,763 4,763 Y Court Security Restricted Fund Balance 4,162 4,284 Y Court Technology Restricted Fund Balance 5,237 5,303 Y OTHER $ 93,950 $ 94,485 TOTAL CASH AND INVESTMENTS $ 1,477,568 $ 1,131,481 TOTAL UNRESTRICTED $ 1,223,368 $ 876,688 Enterprise Fund Cash and Investments May 31, 2013 Name Acct. # Maturity Yield Balance Prior Month End of Month Restricted Pooled Cash 008-00-1010 0.05% $ 1,659,937 $ 1,630,964 OPERATING ACCOUNTS $ 1,659,937 $ 1,630,964 Pooled Cash Water Deposit CD 2375850 008-00-1010 008-00-1041 1/3/2014 0.05% 0.60% $ 103,774 228,174 $ 106,892 228,174 Y Y WATER DEPOSIT REFUND ACCOUNT $ 331,948 $ 335,066 Sewer Capital Improvements MM-10% Rev Sewer Capital Reserve MM 2380226 Sewer Capital Reserve CD 642584 008-00-1020 008-00-1038 008-00-1044 7/23/2013 0.20% 0.20% 0.25% $ 163,144 465,424 278,765 $ 272,282 513,501 278,823 Y Y SEWER CAPITAL RESERVE - TAP FEES $ 907,333 $ 1,064,606 Water Capital Reserve MM 2376156 Water Capital Reserve CD 459844 008-00-1037 008-00-1043 7/3/2013 0.20% 0.35% $ 388,829 641,705 $ 424,894 641,895 Y Y WATER CAPITAL RESERVE -TAP FEES $ 1,030,534 $ 1,066,789 Combined EF Debt Service MM 2376113 008-00-1039 0.20% 1,044,743 1,110,065 Y BOND FUND RESERVES $ 1,044,743 $ 1,110,065 EF Contingency Reserve MM 2809753 EF Contingency Reserve CD 737860 EF Reserve CD 642541 EF Contingency Reserve CD 459739 EF Storm Recovery MM- 2% Electric Rev 008-00-1012 008-00-1014 2/14/2014 008-00-1040 3/25/2014 008-00-1047 1/3/2014 008-00-1033 0.20% 4.00% 0.25% 0.05% 0.20% 25,587 305,951 102,847 16,212 75,350 75,592 306,051 102,868 16,212 86,052 CONTINGENCY RESERVES $ 525,947 $ 586,775 EF Equipment Replacement MM 2376202 One Plus 008-00-1034 008-00-2605 0.20% 0.05% $ 41,862 273 $ 41,869 273 Y Y OTHER $ 42,135 $ 42,142 TOTAL CASH AND INVESTMENTS $ 5,542,577 $ 5,836,407 TOTAL UNRESTRICTED $ 2,185,884 $ 2,217,739 4A FUND Cash and Investments May 31, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 41-00-1000 0.05% $ 184,083 $ 195,639 Y Cash NOW 900020693 Prosperity 41-00-1010 14,607 9,501 Y 4A MM 902551273 Prosperity 41-00-1012 0.20% 736,682 764,621 Y Sanger TX Ind Corp CD 486639 41-00-1013 10/2/2013 0.20% 93,530 93,546 Y TOTAL CASH AND INVESTMENTS $ 1,028,902 $ 1,063,307 413 FUND Cash and Investments May 31, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 42-00-1000 0.05% $ 30,758 $ 26,258 Y Cash MM 2379694 42-00-1010 0.05% 297,779 325,622 Y 4B CD 653500 42-00-1013 4/3/2014 0.40% 21,317 21,324 Y 4B CD 659924 42-00-1014 5/12/2014 0.40% 21,064 21,078 Y 4B CD 664243 42-00-1015 6/5/2013 0.90% 21,156 21,156 Y 4B CD 673277 42-00-1016 7/9/2013 0.80% 21,088 21,102 Y 4B CD 686115 42-00-1017 8/14/2013 0.60% 21,046 21,056 Y 4B CD 689521 42-00-1018 9/11/2013 0.60% 20,962 21,072 Y 4B CD 694371 42-00-1019 10/14/2013 0.70% 21,014 21,026 Y 4B CD 697230 42-00-1020 11/17/2013 0.60% 21,137 21,148 Y 4B CD 699934 42-00-1021 12/18/2013 0.50% 21,070 21,079 Y 4B CD 702285 42-00-1022 1/13/2014 0.50% 20,883 20,892 Y 4B CD 706078 42-00-1023 2/19/2014 0.40% 20,809 20,815 Y 4B CD 720097 42-00-1024 1/9/2014 0.40% 20,571 20,582 Y 4B CD 720119 42-00-1025 11/9/2013 0.40% 20,602 20,609 Y TOTAL CASH AND INVESTMENTS $ 601,256 $ 624,819 DEBT SERVICE FUND Cash and Investments May 31, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 003-00-1000 0.05% $ 539,573 $ 351,270 Y DSF Money Market 2376105 003-00-1010 0.20% 303,630 303,681 Y TOTAL RESTRICTED $ 843,203 $ 654,951 CAPITAL PROJECTS FUND Cash and Investments May 31, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 004-00-1000 0.05% $ 103,757 $ 247,030 Y TOTAL RESTRICTED $ 103,757 $ 247,030 CITY OF SANGER, TEXAS INVESTMENT REPORT MAY 31, 2013 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit. Interest is paid monthly on all accounts. Therefore, book value and market value are the same and the City does not have accrued interest on its investments. Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: a. the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). Mike Brice has a relationship with First United Bank that consists solely of a personal checking and savings account and a home mortgage. Cheryl Davenport has no business relationships with any organizations offering to engage in an investment transaction with the City. CheryCDavenport Cheryl Davenport Finance Director 7kike- LVUc4-- Mike Brice City Manager SANGER PUBLIC LIBRARY MONTHLY REPORT MAY 2013 Submitted by Audrey Tolle HIGHLIGHTS: The director and all other library staff members were busy preparing for the summer reading program. We are introducing a few changes, including online registration that enables patrons to register and print their reading logs from our website. ADMINISTRATION: The library now has an easier to remember web address: httn://www.sangerlibrary.org. The new domain was created to resolve the access problems we had experienced with the old domain. The 2014 budget proposal was written and submitted by the director to the city manager. Requested increases included a new line item for the introduction of an eBook service and additional part-time hours to help with children's and teen programming and staffing on Saturdays. Research was also done to determine what type of equipment and building maintenance are needed and the associated costs. Procedures for community service were changed to facilitate the review, assignment and scheduling of court -appointed conummity service workers. The Krum library's process was used as a model. A webinar on the Tocker Grant process was attended and valuable information gleaned about how to apply for their grants, available to small public libraries. Meetings attended: Denton County Library Advisory Board Meeting, 5/16, Carrollton North Texas Library Consortium, 5/20, Roanoke SPECIAL PROJECTS: We participated in the city's animal Trash Off on May 18"' by properly disposing of nonfunctional electronic equipment and other items that were taking up space in the library's back room. PROGRAMS: Adult programs held: "Internet Security for Children," "Open Crop Scrapbooking" workshop, two Knitting and Crochet workshops, and the book club meeting. The Storytime Theme was Oceans. Weekly themes were: "Oceans & Islands," "Pirates & Treasures," "Dolphins & Whales," and "Under the Sea." MAY 2013 STATISTICS 2012 2013 BORROWER CARDS Last Month 3737 3498 New Cards 45 50 Cards reactivated 18 4 TOTAL 3800 3552 CIRCULATION Nonfiction 324 269 Fiction 923 564 Junior Fiction 245 281 Children's Books 615 376 Leased Books 159 128 Interlibrary Loan 6 8 Spanish Materials 17 10 Audio Books 153 123 Music CDs 47 25 Video Materials 700 669 Equipment 3 0 from other libraries 167 211 TOTAL CIRCULATION 3359 2664 to other libraries 76 93 INTERNET SESSIONS 856 669 PROGRAMS Children's Programs 9 8 Children Attending 120 73 Adults Attending 53 23 Teen Programs Number Attending Other Programs 7 5 Number Attending 32 25 VOLUNTEERS Number of Adults 7 7 Number of Juniors 2 2 Number of Hours 58 50.7 COLLECTION Books 16933 16851 Leased Books 182 187 Paperback Fiction 2432 2450 Audio Books 829 816 Music CDs 382 362 Video Materials 1915 1922 Microfilm 86 90 Equipment 4 4 TOTAL COLLECTION 22763 22682 REVENUE Fines $224.01 $224.50 Copies $149.79 $159.05 ILL Postage $7.15 $7.00 New Cards $6.50 $1.50 Lost Materials $76.84 $28.00 Miscellaneous $8.80 $0.00 TOTAL $473.09 $420.05 a *May 2013* fines copies ILL new cards lost thru 5/18 138.34 101.41 1 1.5 18.35 0.84 2.1 4 2.4 6.2 1 3.7 20.4 0.62 12.39 1 17.1 6.45 3.4 21.75 8.1 2.85 1 0.75 2 3 7.9 0.2 2.3 Misc 28 224.5 159.05 7 1.5 28 0 Cash box 100.7 deposits 162.75 84.96 122.55 370.26 last month 50.22 receipts 420.05 470.27 deposits 370.26 100.01 cash box 100.7 short/over 0.69 For report: 224.5 159.05 7 1.5 28 0 Children must be accompanied by an adult. No tackle will be required for the workshop, but those who want to stay and fish afterward will need to bang their owvr equipment. Call 972-219-3930 to register. A $2 program fee will be charged for each of the activities offered on Saturday, in addition to the regular gate fee of $5 per person. LL FLAs entrance is at 201 E. Jones St. in Lewisville. For more information, visit wwwias.unt. edu(Ilela. Mountain Springs pet vaccination clinic set Lone Oak Veterinary Clinic will conduct the annual Moun- tain Springs pet vaccination clinic from 9 to 10:30 am. Sat- urday at the Mountain Springs Community Center. Part ofthe proceeds will ben- efit the community center, 173 Mountain Springs Road, near the intersection of FM372 and FM922 in Valley View. For more information, call 940-637-2966. Sanger library slates free scrapbooking session The Sanger Public Library will conduct a free scrapbooking session from noon to 5 P.M. Sat- urday. Cl�sn;cl2.e_ �/q/13 Participants are invited to work on their personal project while using specialized tools provided -by the library, includ- ing cutting machines, stencils and paper -piecing patterns. The library also offers a variety of books on scrapbooking, some borrowed from other libraries. Participants are asked to bring supplies for the project they are working on, as well as unwanted or extra supplies to be shared with others. Dies and cartridges that fit the library's cutting machines are also wel- come. To reserve a spot, call 9402 458-3257, e-mail library@ sangertexas.org or visit the If- brary at 501 Bolivar St. Registration for the event is also available on the library's Facebook page. Lake Dallas Highsteppers add auction to spring show Members of the Lake Dallas Highsteppers completed their season with an annual spring show titled "The Time is Now" on Saturday, and morethan 400 guests turned out for the event. For the first time, a silent auction featuring items donated by area businesses was held to benefit the Highsteppers Boost- er Club, and more than $5,000 was raised. The proceeds will help offset 5a.n a N e"O's /ao 1,3 May is frequently a month for photographic opportunities Open Crop Scrapboolang by Lynne S. Smiland With graduations and end -of -school performances and parties, May is frequent- ly a month of photographic opportunities. Rather than let those photos pile up in a drawer, why not consider scrapbooking? It is a fun, creative way to save and display pictures of both momentous events and the everyday parts of life, and to record information that will illuminate and honor the lives of your friends and family members (including yourselfl). Sanger Public Library will host a free "Oren Crop" scrapbooking session on Saturday, May Ilth, from 12-5 p.m. An "Open Crop" is for working on any part or atype of scrapbooking that someone wants to do, while having access to a variety of specialized machines and tools. The library will pro- vide SizzixID and Cricut© cutting machines and a few dies for them, a large sup- ply of stencils and paper - piecing patterns, and some paper and embellishments. We also have a variety of books on scrapbooking some borrowed from other libraries, available for idea; and inspirations. Participants are asked to bring' whatever paper project they want to worts on and the supplies needed, Dies and cartridges to fit om die -cutting machines arc also welcome. Unwanted or extra supplies may be brought to share or trade with others, or to donate to the library for future scrap - booking workshops. Com- pleted pages and scrapbooks are always fun to share and provide inspiration and ideas, and snacks are wel- come too. Space may be limited, so to reserve a spot in this free "Open Crop" on the llth, please call 458-3257, come by 501 Bolivar, on the square, or e-mail us at library@sangertexas.org. Preregistration can also be done on the library's Face - book page. If you are inter- ested but just can't make it this time, let us know and we will remind you of future events.