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07/02/2012-CC-Agenda Packet-Regular(IR L �`3T88AS AGENDA CITY COUNCIL MONDAY, DULY 2, 2012 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: June 18, 2012 - Joint Meeting w/Council, Parks Board & 4B Development Corporation June 18, 2012 - City Council b) Disbursements c) Consider Appointing the Following to Open Board Positions: Planning and Zoning Commission - Justin Allen - Place 2 Board of Adjustment - Justin Allen - Place 4 Parks Board - Joshua Shumate - Place 1 Tom Swartz - Place 4 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving Final Plat of the Wal-Mart Distribution Center Addition. 6. Consider, Discuss and Possibly Act on Approving Resolution HR07-12-12 - Regarding a Lease Purchase Agreement for the Purpose of Procuring Public Safety Vehicles (Ambulance & Brush Truck) Through Government Capital Corporation. 7. INFORMATION ITEMS: a) Animal Control Report - May 8. 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 ge eral public at all times, and said notice was posted on the following date and time: / a Z, 2 �2at J, Oc) &.m. and shall remain posted until meeti g is adjourned. \\\\511L111911R1��1I �, S/�A �. 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: SPECIAL CALLED JOINT MEETING WITH CITY COUNCIL, PARKS BOARD AND 4B DEVELOPMENT CORPORATION June 18, 2012 PRESENT: Mayor Thomas Muir, Councilmember Marjory Johnson, Councilmember Russell Martin, Councilmember Scott Stephens, Councilmember Gary Bilyeu, Councilmember Rusty Patton, 4B Member Barbara Martin, 4B Member, Beverly Howard, Park Board Member, Chris Byrom, Park Board Member Bob Koger, and Park Board Member Mendy Echols ABSENT: Tami Taber, City Secretary, 4B Member Jeff Springer,4B Member John Payne, 4B Member Will Dutton, 4B Member Christy Crutsinger, Park Board Member Lee Allison, Park Board Member Cora Harner, Park Board Member Melanie Jacobs OTHERS PRESENT: Cheryl Price, Deputy City Secretary; Dennis Sims, Architect, Dunkin Sims, Stoffels, Inc. 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:00 p.m. 2. Review and Discuss the Comprehensive Parks Plan. City Manager Brice was recognized for introduction and advised that Dennis Sims is the Architect with Dunkin Sims, Stoffels, Inc. who has been working on the Comprehensive Park Plan. He is here to present the Plan and will run the meeting. He advised that tonight's presentation is a result of suggestions and staff work over the past several months. No action will be taken at tonight's meeting, this is a chance for the Council and Boards provide input. Dennis Sims, Architect, Dunkin Sims, Stoffels, Inc. was recognized. He noted that all they do is park and recreation planning for cities. He presented the Future Parks Concept Plan on a powerpoint presentation for the following 4 parks and welcomed all input and suggestions from the Council and Board members as each park was presented. SWITZER PARK Mr. Sims noted that Switzer Park is the park where the current outdated city swimming pool is located. The pool would be filled in and its area would be replaced with a water feature -splash pad/spray ground area which requires no employee staffing. The spray structure can be turned on and off at any hours the city may choose. He noted that typically cities do not fence in these types of features. He advised they were planning on demolition of the existing concession building. The existing canopy will remain with some retro-fitting and possibly an additional canopy over the existing playground. There will be additional landscaping and a 45 space parking lot. Below is a copy of the preliminary proposed rendering presented at the meeting for Switzer Park: SWITZER PARK lrl1 . LEGEND 0 landscaping Q Shade slrychrre ID spray Ground G 45 Space Perking Lol } Beme Exl Sting Buirding J Ra?Tc4ittin9 Ext. Shade 3tructurs Mr. Sims presented the "Opinion of Probable Cost" (below) of the Switzer Park improvements and noted that these are only rough cost estimates. Opinion of Probable Cost: 1. Landscaping $50,000,00 2. Shade Structure $60,000M 3. Spray Ground $250,000.04 4. 45 Space Parking Lot $90,000,00 5. Demo Ext. Building $100,000,00 6. Retro-Fit Ext. Shade Structure $60,000.0o TOTAL $610,000.00 The following suggestions, questions, and/or concerns were brought up by various Council and Board Members regarding the proposed improvements to Switzer Park: The health safety of the water (e-coli) if the area was unsupervised. It was noted that the water would not be reused and drains into the sewer. Mr. Sims advised that a majority of these types of facilities are not typically supervised. Mike Brice advised that the city would have workers monitor the park on a regular schedule. There was concern on the hours of the park water features being open. It was noted that the hours could be set when the water features would be available. Also, when the water feature is activated it does not run constantly and is activated by a foot controlled button by the users which turns on the water feature for 10 minutes at a time. When no one is using the spray ground/splash area, there is no water running. The feature area is basically a flat area with a small slope to drain. With no fencing there was concern of children running into the roads and/or parking area. It was noted that this is just concept and barriers could be included. It was noted that the surface consists of non -slip textures. It was noted that the original park was built with a grant from Texas Parks and Wildlife. Once you are tied in with Texas Parks and Wildlife funding, the facilities are locked in and anything taken out has to be replaced somewhere else and/or be of similar use. Because it is a "like use" the replacement of the pool with the splash/spray ground water feature would be an approved feature change. Replacement or change of any of the park features (Basketball Court, Practice Field, and Playground) that were included in the original grant cannot be removed or changed without approval from Texas Parks and Wildlife. The condition of the sidewalks was noted. Mr. Sims advised the sidewalks/trails were not part of this plan. City Manager Brice advised that the sidewalk improvement plan would take care of the issues of concern regarding the sidewalks. It was noted that the type of canopy they would use is basically a large type of umbrella; further discussion indicated the canopy has a lifespan of about 10 years under normal conditions (excluding large hail, wind storms, vandalism, etc.) 7 ACRE NEIGHBORHOOD PARK This park is proposed to be dedicated with Phase III of the Sable Creek Subdivision. This park would be a neighborhood type park. The concept is that the size and the uses would specifically serve the neighborhood. Included amenities would be a multi -purpose court, a playground area with a pavilion, about 4000 L.F. of hike and bike trails; and a pedestrian bridge to connect the trails into the subdivision. He noted that some of the trails could be constructed of decomposed granite which is a different surface, color texture than concrete and could be something unique to the city. However, he did note that the park is located in a flood zone area and the danger of a future flood could take that granite out. Mr. Sims noted that there is no parking planned for this park. He advised that typically in a neighborhood park there is no parking. The concept is that you walk to a neighborhood park. If you start putting parking in the neighborhood parks it might create precedence and all future neighborhood parks would want parking. It was noted that the park at Quail Run does have parking and that it is rarely, if ever used. Below is a copy of the preliminary proposed rendering presented at the meeting for the 7 Acre Neighborhood Park: 7 ACRE NEIGHBORHOOD PARK Re Concrete lira it ? 4.000 L.F_ hail Area wA Pnvilien & Paw ng e Ccuri 3nJgo Mr. Sims presented the "Opinion of Probable Cost" (below) of the 7 Acre Neighborhood Park improvements and noted that these are only rough cost estimates. Opinion of Probable Cast: 1. Hike & Bike Concrete Trail 14,000 L.F. $120,000.00 2. Playground Area with Pavilion & Paving $145,000.00 3. Multi -Purpose Court $40,000.00 4. Pedestrian Bridge $50,000.00 TOTAL $355,000.00 The following suggestions, questions, and/or concerns were brought up by various Council and Board Members regarding the proposed improvements to the 7 Acre Neighborhood Park: Mr. Sims noted that typically in a neighborhood park there is no parking. The concept is that you walk to a neighborhood park. If you start putting parking in the neighborhood parks it might create precedence and all future neighborhood parks would want parking. It was noted that the park at Quail Run does have parking and that it is rarely, if ever used. A suggestion was made to bring in trees native to the State of Texas in for landscaping along the trails and have signs installed indicating the types of trees, etc. for educational purposes. There was concern as to how it would be policed/monitored if there was no parking. It was noted that the park would be visible from the street. The police will be able to see the whole park from the road. There could also be curfew/hours set for the park so that there is no late night basketball games, etc. There was some discussion about the medium mentioned for the trails (decomposed granite) and concern for maintenance and upkeep of weeds etc. He noted it is five inches deep and there is some maintenance. The pedestrian bridge was mentioned and it was noted that the city owns a bridge we could use. Mr. Sims advised that there are plans in one of the other parks to use that bridge. It was suggested to put the shade canopy over the playground. Mr. Sims noted there is probably enough money to add a shade canopy over the playground. NEW PARK LAND EAST OF 35 Mr. Sims noted this Park plan is for the new acreage the City owns east of 35 across from the newly constructed Park and ball fields on the west side. He advised that that the plan consists of the ball fields which were planned for Railroad Park; but, full ball fields couldn't be installed at Railroad for reasons he would explain later. He noted the location of the fields on the rendering and the reason they were located where they are is because of the flood plain area and the floodway area. He noted the plan is for two Baseball fields at 225' and four 175' fields for softball, etc. He advised that this is long term planning, with probable build -out of 50-60,000 residents you are probably looking at 10 to 12 fields to serve the City. Also, the draw for tournaments in the area would be great with this number of fields and their location. The floodway area can be used for practice space and soccer fields because there are no structures involved. The pedestrian bridge which the city owns will be used to cross over in the center over the low area, from the Baseball fields to the practice and soccer fields. It was noted that the bridge would be very visible in this location than in the previously presented neighborhood park. The park is currently planned with 450 parking spaces which is more than needed and can always be cut back. It could be built in phases, the first phase could be the entry, and three fields and half of the park and phase II could be the remaining three fields and the rest of the park. Mr. Sims noted that this park is the most costly of all of the parks presented tonight. Below is a copy of the preliminary proposed rendering presented at the meeting for the New Park Land East of 35: NEW PARK LAND EAST OF 35 LEGEND Q Six-Plex Doi eball Complex ; whhYovilian I'm rli ce Socru Fields (�} 3,500 U. Mike i like iroil Ploxgroand A— Q 450 Spoiv Parking (Ai + 300 Space Q Pedestrian Bridge Mr. Sims presented the "Opinion of Probable Cost" (below) of the New Park Land East of 35 improvements and noted that these are only rough cost estimates. Opinion of Probable Cost: 1, 6-Plea Baseball Complex with Pavilion $1,700,000.00 2, Practice Soccer Fields $30,000.00 3, 3,500 L.F. Hike & Bike Trail $175,000.00 4, Playground Area $75,000.00 5, 450 Space Parking Lot 1300 Space $525,000.00 6, Pedestrian Bridge $50,000.00 TOTAL $2,555,000.00 The following suggestions, questions, and/or concerns were brought up by various Council and Board Members regarding the proposed improvements to the New Park Land East of 35: It was noted that it would be nice to see the younger children's ball games at Railroad. Mr. Sims advised that he does not recommend the expense of putting the ballfields at Railroad because it was a landfill at one time and is unstable. It was noted that a small storage building may be constructed on this side, but the other filed would house the bigger equipment. It was noted that a pavilion could be constructed in the center of the fields as is on the west side of 35. They are going to have to work the location of the restrooms. It was noted they may be located north of the fields at the concession. It was noted the extra parking is a good idea because it could also be a feed for the ballfields across the highway. A question of access to the fields across the highway was brought up; and, if a flyover would be constructed. Mike Brice advised when this project is done the trails will be connected underneath the freeway instead of over which would provide for a more extensive trail system. The trail system was brought up and Mr. Sims advised that they were proposing some trails in the park plans. He suggested that the City pursue a Trail Master Plan for the future so when development comes in the City can make sure the plan for the trail system is included and constructed with future new developments. A Trail Master Plan looks at access considering thoroughfares, existing parks, creeks, hospitals, schools, etc. Mike Brice did note that the current sidewalk plan does connect all of the parks. An amphitheatre was suggested similar to the one in McKinney. Mr. Sims said the idea of an amphitheatre has not been brought up, they have done several, it wouldn't have to be a Starplex, could be very simple, something they could look at doing. It was noted that the city does not own the hill which was suggested, as far as placement and seating for the amphitheater. It was noted the acoustics may not be the best being adjacent to 35. It was noted that Porter Park was complete and all of the ball fields have been constructed there that could be. Access was mentioned and it was noted there is currently already a path that is used to get onto the property. RAILROAD STREET PARK Mr. Sims advised that they thought about a lot of uses for this park, but it is restrictive because it is located on top of a landfill. We cannot penetrate or break the landfill. He noted that you would have a hard time getting anyone to seal a document to even put light poles on the property because it is not stable and you don't know what they are going into. This also would apply to construction. There is an existing building there, but you would not be able to get an engineer to sign off anything structural on the property. This really limits the project as to what can be done on the landfill. This is the reason for moving the construction of the additional Baseball fields to the 35 Park area. It was noted that practice space is always needed. This Railroad Street Park would be a great facility for that. There will be three practice fields and a planned dog park. The dog park will be divided into two areas; one area would be designated for large dogs, and one area for small dogs, with separate entrances. Amenities would include doggie fountains, doggie mitts, signage, etc. He noted that dog parks usually become a very popular park and people do drive from other areas to utilize them. He concluded that they will not be doing much to the practice fields, that the improvements would mainly consist of the dog park with fencing, expanding the parking lot (150 spaces) and improving to a concrete access road. RAILROAD STREET PART{ LEGEND 0 1 so space Perking Lai d Auess Road �I} oog P.A. Fearing, iignaye, eIr_ Mr. Sims presented the "Opinion of Probable Cost" (below) of the Railroad Street Park improvements and noted that these are only rough cost estimates. Opinion of Probable Cost: 1, 150 Space Parking Lot $262,500,00 2, Access Road $25,000.00 3, Dog Park, Fencing, Signage, etc. $100,000.00 TOTAL $387,500.00 The following suggestions, questions, and/or concerns were brought up by various Council and Board Members regarding the proposed improvements to the Railroad Street Park: There were no issues brought up. There was brief discussion that it was a wise choice not to spend the thousands of dollars required for new ballfields at Railroad Street Park. It was noted the parking would be concrete. That this proposal may be the best use for the Railroad Street Park. Mr. Sims concluded his presentation by soliciting any additional input or questions. There was a question as to whether there was anything considered for Duck Creek Park. Mr. Sims advised that it was not considered. It was noted it was a very small park located in flood plain area which the city inherited, near the lift station. It was suggested that it would be a good location to put in a Frisbee Golf park. Mr. Sims advised that a Frisbee Golf park in not an expensive park to install. Mr. Sims was asked what the thought was on making parks out of areas in the city where homes have been abandoned and/or deteriorated. Mr. Sims advised that the City could create pocket parks with the properties; however, advised to be careful not create too many because they become maintenance nightmares. He noted if they were done specifically in the downtown urban area that they may work, but would not advise making it a policy for the City. It was noted that the handicapped have not been addressed and what would the cost be to have a handicapped park — a playground specifically designed for handicapped. Mr. Sims advised that specifically designed handicapped parks are not that much more expensive than a normal park. He noted an example of a standard $50,000 park — the same park designed specifically for handicapped would run about $65,000-$70,000. He advised that every park area that they design has to be ADA Accessible by Federal Law and this has been a requirement for a long time. There being no further input or questions Mr. Sims thanked everyone for their input and advised that he was going to take all of the information he received tonight back to the office and revise the plans and would and bring the information back with revisions. Mayor Muir thanked Mr. Sims and advised the Council and Boardmembers that if they come up with any additional suggestions to forward the information to the City Manager, Mike Brice to provide to Mr. Sims. 3. Adjourn. Mayor Muir adjourned the meeting at 6:55 p.m. MINUTES: CITY COUNCIL MEETING June18,2012 PRESENT: Mayor Thomas Muir, Councilmember Marjory Johnson, Councilmember Russell Martin, Councilmember Scott Stephens, Councilmember Gary Bilyeu and Councilmember Rusty Patton ABSENT: Tami Taber, City Secretary OTHERS PRESENT: Mike Brice, City Manager, Cheryl Price, Deputy City Secretary, Bill Wright, Kelli Alexander, Sam Alexander, Ted Christensen, Government Capital 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilmember Johnson led the Invocation followed by Councilmember Patton leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli Alexander spoke about the City's adoption rate. Sam Alexander spoke about ways to improve the animal adoption rate by malting the animals more accessible to the public. Bill Wright was recognized and spoke about his concern regarding the standards of the construction of the City water lines and the installation of the fire hydrants. CONSENT AGENDA 3. a) Approval of Minutes: June 4, 2012 - Work Session June 4, 2012 - City Council b) Disbursements Councilmember Bilyeu made a motion to approve the Consent Agenda as presented. Motion seconded by Councilmember Patton. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving a Resolution of the Adoption by the Sanger, Texas Industrial Development Corporation of a Resolution Authorizing the Issuance of the Sanger, Texas Industrial Development Corporation Industrial Development Revenue Bonds, Series 2012 (Texas Pellets Project), Approving and Authorizing an Indenture of Trust, a Loan Agreement, a Limited Offering Memorandum, a Private Placement Memorandum, a Tax Certificate and Agreement, Contracts of Purchase, Authorizing the Execution of Documents and Instruments Necessary or Convenient to Carry out the Issuance of the Bonds and Other Matters in Connection Therewith. Ted Christensen, Government Capital was recognized to explain the project. He advised that these types of projects are typically done through the Sanger Cultural Development Corporation. This project is through the IDA. This project has a 4A and 4B requirement and the city of Sanger is one of the few cities that have everything up to date with the Secretary of State. This project is different than past projects because this project is to bring jobs to the State of Texas. This is a 200 million project for a German Company called German Pellets. They are creating a subsidiary in Texas called Texas Pellets. What they do is take wood products and waste and create wood pellets that are used in power generation. The pellets are in huge demand in Europe and are going to be exported to Europe for use in power plants and homes. The reason the State is interested in this project is that it brings jobs to Texas and utilizes waste that would otherwise be put into landfills. He explained that there is no personal liability for any of the board members and it indemnifies the IDA, all of the board members and employees. The benefit to the City is going to go directly to the IDA. We normally get $10,000 to the City but since they were doing a Series A and a Series B and he negotiated $20,000 explaining that it should be twice as much. They will be funding in mid -July and then issue the IDA a check. Mr. Christensen answered a few technical questions regarding the conduit. Councilmember Martin made a motion approving Resolution R#05-07-2012 Authorizing the Issuance of the Sanger, Texas Industrial Development Corporation Industrial Development Revenue Bonds, Series 2012 (Texas Pellets Project) as presented. The motion was seconded by Councilmember Johnson. The motion carried unanimously. 6. INFORMATION ITEMS: a) Library Repot - May b) ATMOS Energy Rider GCR - Rate Filing Under Docket No. 9762 There was no discussion on the Information Items. 7. Adjourn. Mayor Muir adjourned the meeting at 7:47 p.m. 6/14/2012 9:23 m A / P CHECK REGISTER PACKET: 05109 RON0ai Payments 6/14/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NA14E / I.D. PESO TYPE DATE DISCOUNT AMOUNT Do# AMOUNT 21390 ACTON PUMPING, INC I-12-060601 PUMPING LIFT STATION R 6/14/2012 300.000R 050644 300.00 18100 AMERICAN MUNICIPAL SERVICES 1-11014 COLLECTION MAY 2012 R 6/14/2012 350.80CR 050645 350.80 OO270 ANIMAL HOSPITAL ON MILAM RO, P.C. I-137692 ADOPTION PKG-PIT BULL R 6/14/2012 222.09CR 050646 222.09 22620 ARAIMRK UNIFORM SERVICE I -MAY 2012 2011-2012 UNIFORM SERVICE. 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I-S2340903.01 REPAIR PARTS R 6/14/2012 7.01CR 343.72CR 050669 343.72 08690 O'REILLY AUTO PARTS 1-1959-376483 46-22 & C671-24 M671-25 R 6/14/2012 25.43CR 050670 I-1959-3'16485 46-22 5 C671-24 M671-25 R 6/14/2012 25.43CR 050670 I-1959-376581 46-22 c C671-24 14671-25 R 6/14/2012 53.68CR 050670 1-1959-378169 46-22 5 C671-24 11671-25 R 6/14/2012 191.39CR 050670 1-1959-378440 TIRE 6 WHEEL CLEANER PD R 6/14/2012 5.18CR 050670 I-1959-378443 TIRE 6 WHEEL CLEANER PD R 6/14/2012 5.18CR 050670 I-1959-378546 TIRE e WHEEL CLEANER PD R 6/14/2012 10.28CR 050670 1-1959-381499 SPOT NIRRORS, SERPENTINE R 6/14/2012 5.98CR 050670 I-1959-381620 SPOT DIRRORS, SERPENTINE R 6/14/2012 35.57CR 050670 I-1959-381700 SPOT MIRRORS, SERPENTINE R 6/14/2012 9.08CR 050670 367.20 02970 OFFICE DEPOT 1-611342238001 OFFICE SUPPLIES R 6/14/2012 387.37CR 050671 I-611342369001 OFFICE SUPPLIES R 6/14/2012 20.57CR 050671 407.94 12710 PETTIT MACHINERY, INC I-PS5882 CHALNSAW BLADES FOR FD R 6/14/2012 178.14CR 050672 178.14 02170 RF.INERT PAPER L CHEMICAL, INC. I-283422 JANITORIAL SUPPLIES R 6/14/2012 57.68CR 050673 1-283908 TP a HAND SOAP R 6/14/2012 37.90CR 050673 95.58 19290 RENTAL ONE C-9284-0298 RENTAL ONE CREDIT R 6/14/2012 116.62 050674 1-344399-0001 6' SWEEPER R 6/14/2012 6,575.000R 050674 6,458.38 09550 SOUTHWEST CHEPNCAL, I NC. 1-94675 CHLORINE REFILLS R 6/14/2012 1,597.50CR 050675 1,597.50 6/14/2012 9:23 AN A / P CHECK REGISTER PACKET: 05109 ReOVlaz Payments 6/14/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK CHECK CHECE VENDOR NA14E / I.D. DESC TYPE DATE DISCOUNT MOUNT HON AP.OUNI 17400 STAFFORD, PRECIOUS 1-061212 IT SUPPORT 6/7-6/11 R 6/14/2012 385.000R 050676 385.00 18620 STERICYCLE 1-4003417528 211D SIR SUPPLIES R 6/14/2012 108.49CR 050677 108.49 19460 TCI TIRE CENTERS 1-6270010134 LT245/ 75R17 - C671-24 R 6/14/2012 681.72CR 050678 1-6270010135 TIRE DISPOSAL R 6/14/2012 450.000R 050678 1,131.72 19060 TF'.CHLINE CONSTRUCTION, LLC 1-11000978-00 REPAIR POLE 900 S. 5TH R 6/14/2012 11,529.22CR 050679 11,529.22 05350 TEXAS EXCAVATION SAFETY SYST I-12-6575 NESSAGF. FEES 10/11-9/12 R 6/14/2012 104.50CR 050680 104.50 02680 TEXAS POLICE CHIEFS ASSOC 1-6/2012 YEARLY REHENAL 6/2022 R 6/14/2012 180.000R 050681 180.00 23760 VAULTLOGIX I-774782 SERVER BACKUP R 6/14/2012 600.00CR 050682 600.00 03680 WHITMIRE LTNE CLEARANCE, INC I-SA12-10001 TREE. THINNING, R 6/14/2012 2,419.000R 050683 2,419.00 ` T O T A L S ' 1109 DISCOUNTS CHECK ANT TOTAL. APPLIED REGULAR CHECKS: 39 7.01 39,745.93 39,752.94 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: 1 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: 40 7.01 39,745.93 39,752.94 TOTAL. ERRORS: 0 TOTAL WARNINGS: 0 6/14/2012 1:08 P11 DIRECT PAYABLES CHECK REGISTER PACKET: 05110 Direct Payables 6/14/12 C VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK VENDOR - - ------ I.D. ----------- NAME --------- --------- - TYPE DATE DISCOUNT ------------------ - ---------------- --------- AMOUNT H09 ----------- - 01550 ATHOS I-6/4/12 5/l/12-6/4/12 R 6/14/2012 17.81 050684 B A N K T O T A L S '' NOB DISCOUNTS REGULAR CHECKS: I 0.00 HANDWRITTEll CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 BANK TOTALS: 1 0.00 CHECK ANT TOTAL APPLIED 17.81 17.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17.81 17.81 PAGE: 1 CHECK AMOUNT 17.81 6/18/2012 10:45 AM A / P CHECK REGISTER PACKET: 05116 Regular Payments 6/15/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / L D. DESC TYPE DATE DISCOUNT AMOUNT NOB AMOUNT 08810 ANIMAL CARE EQUIP 6 EVE, CORP. I-10873 ANIMAL CONTROL EQUIPMENT R 6/18/2012 347.67CR 050685 347.67 00440 BRAZOS ELECTRIC I-26491-RI-1 MAY 2012 R 6/18/2012 10,879.52CR 030686 10,879.52 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-64983 1 UTILITY BILLS/DISCONNECT R 6/18/2012 1,127.15CR 050687 1,127.15 23010 FIVE STAR SUPPLY CO INC. I-39697 JANITORIAL SUPPLIES R 6/18/2012 146.95CR 050688 1-39800 JANITORIAL SUPPLIES R 6/18/2012 28.99CR 050688 1-39874 JANITORIAL SUPPLIES R 6/18/2012 125.000R 050688 I-39984 JANITORIAL SUPPLIES R 6/18/2012 179.91CR 050688 480.85 17380 THE GLOVE GUY 1-35200 SAFETY GLASSES 6 GLOVES R 6/18/2012 97.000R 050689 97.00 16900 GST PUBLIC SAFETY SUPPLY C-CCUOTE-000243 GST PUBLIC SAFETY SUPPLY R 6/18/2012 147.80 050690 I-INV-011391 S/S SHIRTS b ZIPPERS 770 R 6/18/2012 153.75CR 050690 I-INV-013894 SIB SHIRTS a PANTS 779 R 6/18/2012 143.85CR 050690 I-INV-013896 SHIRTS, ZIPPERS, PANTS, R 6/18/2012 233.60CR 050690 383.40 20220 INGHAM I-GS219888 ITEMS R 6/18/2012 161.03CR 050691 161.03 15780 ITRON I-248188 HARDWARE MAINTENANCE R 6/18/2012 1,357.79CR 050692 1,357.19 01920 NICHOLS, JACKSON, DILLARD,HAGER 6 SMITH, LIP 1-12050066 LEGAL SERVICES 5/18-5/31 R 6/18/2012 497.50CR 050693 497.50 02050 STINKY BCWES, INC. I-3889114-JN12 POSTAL METER RENTAL R 6/18/2012 549.000R 050694 549.00 08060 QUAD, RANELL I-201206154776 REFUND OVERPAYMENT R 6/18/2012 15.000R 050695 15.00 16340 SON BELT RENTALS, INC. I-35044533-003 SAW RENTAL -CUT STREET R 6/18/2012 526.54CR 050696 526.54 6/18/2012 10:45 Am A / P CHECK REGISTER PACKET: 05116 Regular Parents 6/15/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NON AMOUNT 02910 UPPER TRINITY I-W271206 UPPER TRINITY 5/1-6/1/12 R 6/18/2012 21,160.23CR 050697 21,160.23 * ' T 0 T A L S * * NO# DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 13 0.00 37,582.68 37,582.68 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: 13 0.00 37,582.68 37,582.68 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 6/18/2012 1:21 FM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 05118 Direct Payables 6/18/12 C VENDOR SET: 99 AP VENDOR SET BANK: PCOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR ----------------------------------------------------------------------------------------------------------------------------- I.D. NAME TYPE DATE DISCOUNT MOUNT NO4 AMOUNT 02920 US POSTAL SERVICE I-6/15/12 LATE BILLS - JUNE 18 R 6/18/2012 172.84 050698 172.84 ' B A N K T O T A L S *' NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 - 0.00 172.84 172.84 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 BANK TOTALS: 1 0.00 172.84 172.84 6/25/2012 9:01 AM A / P CHECK REGISTER PAGE: 1 PACKET: 05122 Reg0ar Payments 6/25/12 VENCOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR BANK / I.D. DEEP TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 07860 ACT PIPE SUPPLY, INC I-665772 SUPPLIES 'WATER REPAIRS R 6/25/2012 489.13CR 050699 489.13 19050 GE CAPITAL RETAIL BANK / AMAZON 1-203274264671 DVDS - SU, R PROGRAINING R 6/25/2012 40.95CR 050700 1-273769627332 SCUD R 6/25/2012 31.95CR 050700 I-273769642958 DVDS R 6/25/2012 31.95CR 050700 104.85 00420 BOUND THE MEDICAL, LLC I-80798530 URN CYR SUPPLIES R 6/25/2012 712.02CR 050701 712.02 20410 CARE NOW CORPORATE 1-881912 TESTING 6/4/12 R 6/25/2012 35.000R 050702 35.00 02490 CENTURYLINK 1-6/10/2012 PHONE 6/10-7/9/12 R 6/25/2012 1,350.96CR 050703 1,350.96 12760 CINTAS, INC. 1-492653492 UNIFORMS 10/11-9/12 R 6/25/2012 69.65CR 050704 69.65 00600 CITY OF BANGER 1-0917582 6/18/12 FILING FEES R 6/25/2012 50.25CR 050105 50.25 00640 C0:4:ERCIAL SERVICES I-JULY 2012 ICE MACHINE LEASE 12MONTH R 6/25/2012 400.000R 050706 400.00 08880 COOPER'S COPIES 1-99394 VEHICLE EMBLEMS R 6/25/2012 59.000R 050701 59.00 08770 CPI OFFICE PRODUCTS 5-3235369-0 BOOK SHELF - 6' R 6/25/2012 260.83CR 050708 260.83 11570 CULLIGAN I-09473823 WATER SERVICE 2012 R 6/25/2012 9.000R 050709 9.00 19020 EAGLE 6 WHEELER 1-52100 POSTAGE -WATER QUALITY REP R 6/25/2012 579.89CR 050710 579.89 20980 EXPRESS SERVICES, INC. I-11124447-1 TEND EMPLOYEES 6/10/12 R 6/25/2012 1,805.40CR 050711 1,805.40 18790 FUELMAN I-ITP34661537 VEHICLE FUEL 6/11-6/17/12 R 6/25/2012 2,858.68CR 050712 2,658.68 6/25/2012 9:01 AM A / P CHECK REGISTER PAGE: 2 PACKET: 05122 Regular Payrents 6/25/12 VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. OESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 21790 GALE GROUP 1-96504261 LARGE PRINT BOOKS R 6/25/2012 191.70CR 050113 191.70 01070 GALLS INC. 1-512241198 BATES HOOTS R 6/25/2012 114.99CR 050714 I-512245420 BOOTS STEVENSON 773 R 6/25/2012 154.48CR 050714 269.41 19480 HUTHER L ASSOCIATES, INC 1-36902 2011-2012 SAMPLE FEES R 6/25/2012 540.000R 050715 540.00 20220 INGHAM I-05213339 ITEMS R 6/25/2012 231.92CR 050716 231.92 01300 JAGOE-PUBLIC CO., INC. I-12170MB HOT MIX R 6/25/2012 364.000R 050717 364.00 03530 JAMES WOOD AUTOPARK, INC. I-299370-1VCK OIL COOLER #08-20 R 6/25/2012 483.46CR 050718 I-299653VCG FAN BLADE 6 MOTOR R 6/25/2012 127.02CR 050118 610.48 08690 0`BEILLY AUTO PARTS I-1959-381784 FILTERS 5 BULBS R 6/25/2012 202.99CR 050719 I-1959-382470 FILTERS 6 BULBS R 6/25/2012 7.90CR 050719 I-1959-382598 FILTERS 6 BULBS R 6/25/2012 20.86CR 050719 1-1959-382957 FILTERS 6 BULBS R 6/25/2012 29.52CR 050719 I-1959-383007 FILTERS 6 BULBS R 6/25/2012 11.96CR 050719 I-1959-384097 OIL FILTER, LED LIGHTS R 6/25/2012 41.98CR 050719 I-1959-384329 OIL FILTER, LED LIGHTS R 6/25/2012 4.99CR 050719 1-1959-334331 OIL FILTER, LED LIGHTS R 6/25/2012 8.39CR 050119 328.59 24430 PIERCE PUMP COMPANY L.P. I-5144016 CCKLING BOOSTER PUMP#1 R 6/25/2012 4,972.79CR 050720 4,972.39 02050 PITNEY BCKES, INC. I-743880-06/14 INK PAD REPLACEMENT KIT R 6/25/2012 30.48CR 050721 30.48 24490 MITCH HAND FEED 5 SUPPLY I-11854 DOG/CAT FOOD R 6/25/2012 37.14CR 050722 1-11996 DOG FOOD L CAT LITTER R 6/25/2012 48.82CR 050722 86.56 11170 RICOH AMERICAS CORP:QDS I-21583988 2011-12 COPIER LEASE R 6/25/2012 205.33CR 050723 205.33 6/25/2012 9:01 AM A / P CHECK REGISTER PAGE: 3 PACKET: 05122 Regular Parents 6/25/12 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT MOUNT NO# AMOUNT 12820 RICOH USA, INC I-5023059369 COPIER PAINT AGREE14EIlT R 6/25/2012 504.59CR 050324 504.59 22140 ROCKY RUNNELS I-06/17/2012 MOWING FEES R 6/25/2012 125.000R 050725 I-6/17/12 MOWING FEES R 6/25/2012 125.000R 050125 250.00 02300 BANGER COURIER: LEMONS NEWSPAPERS, INC. I-00015190 ADVERTISING - PAY 2012 R 6/25/2012 55.000R 050726 55.00 16240 SCHAD & PULTE I-186758 02 BOTTLES FILL FOR 1QTR R 6/25/2012 17.000R 050727 17.00 02260 SS TELEMETRY I-8775 COWLING RD PUMP STATION R 6/25/2012 472.05CR 050728 472.05 17400 STAFFORD, PRECIOUS I-061912 IT SUPPORT 6/11-6/18/12 R 6/25/2012 220.000R 050329 220.00 18620 STERICYCLE I-4003449827 2ND QTR SUPPLIES R 6/25/2012 34.000R 050730 34.00 14030 STUART HOSE & PIPE CO I-$1000722695 FITTINGS & HOSE -BRUSH TR R 6/25/2012 43.22CR 050731 I-SI000736322 BALL VALVES & CONNECTIONS R 6/25/2012 3D5.14CR 050731 348.36 02690 TECHLINE, INC. I-1453095-00 25 KVA 120/240 FOLEHOUNT R 6/25/2012 6,280.DOCR 050732 6,280.00 08970 TEXAS METER L SEWER CO I-185671 FULL CIRCLE CLA242 R 6/25/2012 292.85CR 050733 I-185672 8 % 25 FULL CIRCLE GLADES R 6/25/2012 577.24CR 050733 870.09 T 0 T A L S ' NOS DISCOUMS CHECK ANT TOTAL, APPLIED REGULAR CHECKS: 35 0.00 25,667.01 25,667.07 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 CORRECTICNS: 0 0.00 0.00 0.00 REGISTER TOTALS: 35 0.00 25,667.07 25,667.07 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 6/27/2012 3:32 FM DIRECT PAYABLES CHECK REGISTER PACKET: 05130 Direct Payables 6/27/12 C VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK VENDOR _- _____________________ I.D. NHME ________________________________________________ TYPE DATE _______________________________ DISCOUNT MOUNT NOf _____ 24590 RAILROAD CO^fISSIOH OF TEXAS I -DOCKET: 012611 ADMINISTRATIVE PENALTY R 6/27/2012 500.00 050175 ** B A N K T O T A L S `' Nof DISCOUNTS CHECK kMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 500.00 500.00 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 BANK TOTALS: 1 0.00 500.00 500.00 PAGE: 1 CHECK MOUNT 500.00 S TEEAS 2011 BOARD AND COMMISSION APPLICATION NAME: U,SfI n0 t:j DATE: e.11 �! z— ADDRESS: I3� 21NtiNcuC HOME PHONE: EMAIL OCCUPATION: (If retired, describe former occupation or profession) ,5EIc.Vldz Tcu. PRIOR SERVICE ON A CITY BOARD/COMMISSION? NO IF YES, PLEASE DESCRIBE: kL1L(eN*Tis ory 3agaD t�G QA7uSTw�dr✓t PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION rBOARD 4ABOARD 4BBOARD OTHER ICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKEYOU GOOD CANDIDATE FOR THE ABOVE POSITION(S): Do you understand endan and active support is required for each appointee? d1 Yes 0 No Signatu Date: rro / ZO/-a RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 ' This k9brmedon wNr become a pubac record. /fLZ �. Jun, 21. 2012 9:04AM a�ge� 5'-(TEXAS No. 9383 BOARD AND COMMISSION APPLICATION P. 1 NAME: DATE: (n ADDRESS: Jl HOME PHONE: BUSINESS PHONE:' wrx17�' CELL PHONE: �� EMAIL:' ,� OCCUPATION: (If refired, describe former occupation or profession) PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO IF YES, PLEASE DESCRIBE: P, c5^M PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACITHA MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): Do understand that you attendance and active support is required for each appointe Signature: Date: (pA&7- RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This Information w111 become a public record. ,:<TEXAS BOARD AND COMMISSION APPLICATION NAME: Tom Swartz DATE: June 18,2012 ADDRESS: 721 Dove Ridge HOME PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) School Administrator PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD 1 PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): I have worked as a coach/teacher/administrator in Sanger ISD. I have over 20 years working in education and athletics. I currently run a 15.5 million dollar stadium for Little Elm ISD. I have assisted in the planning and building of athletic facilities for the last 7 years. I am a graduate of Sanger ISD and minored in Parks and Recreation at UNT. Do you understand that attendance and active support is required for each appointee? IN Yes O No Signature: _ Date: TO RETURN COMPLETED APPLICATI N TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special 0 Consent Reviewed by Finance I ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: July 2, 2012 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date T.-_; - ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION#! ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possibly Act on the Final Plat of the Wal-Mart Distribution Center Addition FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACI{GROUND/SUMMARY OF ITEM This plat for the Wal-Mart Distribution Center and Sam's Club Distribution Center dedicates necessary right-of-way and easements existing and future utilities and public infrastructure to serve the site and surrounding properties. STAFF OPTIONS & RECOMMENDATION Staff finds the Final Plat of the Wal-Mart Distribution Center Addition to conform to the requirements of the Subdivision Ordinance and recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Conunissions or Other Agencies: • Final Plat of the Wal-Mart Distribution Center Addition None mane <ml m+eee rtn o o-',io��q 1�Mw mx DUNAWAy ¢momwxei>asna em. ra wom.mrmw ru�m>av>m A FINAL PLOT OF LOT I MT LOT 2, BLOCK I NAL—NAET DISTRIBUTION CENTER ADDITION Mnwe dvub+vNi _ I i5/Tfi '— I I I Wr�W./ ,fir. r.vr Nr rE I I e I I ii t 1 _ wT,, fi.a« 1 z 3,GnAC .�..x�..r, r l _ >om-amao %j4�1a read I —EC 'a'�F.'m W. coar.an aa,ARC ECC. avao or��om I 1 m sa0z0'IVE 0.1e' MWN[ a� V. W!J' Nor - 4YN}o4 m.W) N.'Evas' — 33 iC'C» (wwra sez —E N„ - warren NN a na, � id'OVEw Ra0]V {MWrrc at®, f/oc NCI - 9vM't o5 ]p0.0D) I I ,.u� r+rv.wnmv j (VId i� h '� 'Y Ir�x fifi wrr l =�. i —C .... a w I wwuC nor, r.oE Ni r nh� e A FINAL PLOT OF LOT 1 AND LOT 2, .` '• DUNIAWAY BLOCK 1 WAL-HART DISTRIBUTION CENTER ADDITION EC, rmcm»>m v..'"M DU AY ws �eirxztini'mi«�mrvzim""61p' �A nh $�I �I I klosne'E t6a>B' I 0 `t'o�. x�ezo'arw•'••e.1e' 5 3 � LOr2 wnt- s i�i�02wwR� + 213.69, ACRE$ am;Pao n-rUmoDb�M RIGI?.OFWAY •. /////--� ..race✓ 0 � 1PPAp'WWwIpx aP NnCmc—iv - M1OiuFE S+N. qC[ Nlt - XW{5'nq 9.110 ACRE$ �mwawrrt � �vOwuE fIA2 PwE Yt� � xABSYpvJ\ --� ,_ . I Imm L \ LLL nu�vw.a. kB0'IS', B'W 90.OB' w •-aD \ wuGrRA-w„ IUM I ILI .a/ �LUML SteS. PKK Ntt -].fly ww L.= Ll vw[ yw h Ot^ xo�-twee - I 't'q�'t'.yv a[Px mot-tnrve un[c A FINAL PLAT OF LOT I AND LOT 2, BLOCK I WAL-HART DISTRIDOTION CENTER ADDITION aRgQ TEXAS COUNCIL AGENDA ITEM AGENDA TYPE Z Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal 10 Yes I ® Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: July 2, 2012 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Discuss, Consider and Possibly Act on Approving Resolution #R07-07-12 - Regarding a Lease Purchase Agreement for the Purpose of Procuring Public Safety Vehicles (Ambulance & Brush Truck) Through Government Capital Corporation. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM We are lease purchasing two vehicles for the Fire Department. One will be a Brush truck to replace the one that was recently totaled in an accident. It will be paid for, over a 4 year period. The other vehicle is an ambulance and it will be paid for, over a 3 year period. The lease is structured so that no payment is due until FY 2013. The lease payments have already been included in the FY 2013 proposed budget. STAFF OPTIONS & RECOMMENDATION Staff recommends adoption. List of Supporting Documents: • Resolution Prior Action/Review by Council, Boards, Commissions or Other Agencies: v�$' 6p/g, v 6 GOVERNMENT CAPITAL, June 26, 2012 City of Sanger Re: Lease Purchase We are pleased to provide the following terms for lease purchase financing: Equipment Description: Ambulance and Brush Truck Financing structure: Tax-exempt Lease Purchase Agreement, $1.00 out Pricing Estimate: Ambulance - $201,000, Brush Truck - $139,119 Total - $340,119 Term: 4 Years First Three Annual Pmts: 106,995.57 (ambulance being paid for over first 3 years) Fourth Annual Pmt: 36,946.35 Payments Commence: 11/15/2012 Lease rate: 3.30% The above terms are subject to qualifications under 265(b)3 of the Internal Revenue Code, underwriting approval and mutually acceptable documentation. Proposed funding considers the total cost of borrowing including escrow yields, issuance, and legal costs, and may include call features. All terms subject to change if funding occurs more than 30 days from proposal date. Other terms are available. Thank you for the opportunity to assist with this transaction. Sincerely, Ed King Government Capital Corporation (817) 722-0236 Direct TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT THIS TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (hereafter referred to as "Agreement") dated as of July 2, 2012, by and between Government Capital Corporation, a Texas corporation (herein referred to as "Lessor"), and City of Sanger, a political subdivision or agency of the State of Texas (hereinafter referred to as "Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Tenn and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto (hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Property") for the amounts to be paid in the sums (the "Lease Payments") and on the dates (the "Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof, the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the dated date of the lease and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein. The interest is calculated on the basis of a 30/360-day year on the unpaid principal amounts from the Schedule Date of the EXHIBIT B. 2. Non -Appropriation and Right of Termination. The obligations of Lessee to make Lease Payments (called for in Exhibit B) and to make any other payments to Lessor (or to any other person) pursuant to this Agreement are subject to appropriation by the Lessee of funds that are lawfully available to be applied for such purpose. If Lessee fails to make such an appropriation prior to a fiscal period of Lessee for the Lease Payments scheduled in such a fiscal period, this Agreement shall terminate at the end of the last fiscal period Immediately preceding the fiscal period for which funds have not been appropriated. The Lessee shall deliver notice to Lessor of such termination at least forty-five (45) days prior to such termination, but failure to give such notice shall not prevent the termination of this Agreement. Upon any such termination of this Agreement, all of Lessee's right, title and interest in and its obligations under this Agreement and to the Property shall terminate effective on the last day of the last fiscal period of Lessee for which such an appropriation was made. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand, an amount equal to all licenses, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for, the Property, except any Federal or state income taxes, If any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and all requirements for execution, delivery and performance of this Agreement have been, or will be, complied with in a timely manner; (b) Lessee has budgeted and appropriated for the current fiscal period sufficient funds to make the Lease Payments scheduled to come due in the current fiscal period and all other Payments expected to come due in the current fiscal period; Lessee currently expects to budget and appropriate sufficient funds to pay the Lease Payments coming due hereunder in each future fiscal period, but the decision whether to budget and appropriate funds for any future fiscal period is solely within the discretion of the then -current governing body of Lessee; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of, performance of, or expenditure of funds pursuant to this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an Immediate need for, and expects to make Immediate use of, substantially all the Property, which need is not temporary or expected to diminish in the foreseeable future. (f) No lease, rental agreement, lease -purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of Insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. S. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not Install, use, operate or maintain the Property Improperly, carelessly, or In violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by Its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor, in writing, permits Its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor. T IV .<rftL,�j� J1 V c C,OVERNM ENT CAPITAL, TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 1 6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and maintain the Property In as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen, destroyed, or damaged beyond repair or rendered unfit for Intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance and preservation of the Property, and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 7. Alterations. (a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Property such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or improvements to the Property except as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. 8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to the Property, title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss, damage, theft or destruction of the Property from any and every cause whatsoever, and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessee, will either (a) replace the same with like property in good repair or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Option to Purchase Value set forth in Exhibit B. 10. Insurance. Lessee shall either be self -insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self -insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self -insured or company insured, Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Property, Insuring against such risks, and such amounts as are customary for lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, provide casualty insurance with respect to the Property, Insuring against customary risks, coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property, all insurance policies shall be with Insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as Insured as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverage together with premium receipts, and each Insurer shall agree to give Lessor written notice of non-payment of any premium due and ten (10) days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on, in or about the Property to carry workmen's compensation insurance covering employees on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirements of this Section, Lessee shall indemnify, save harmless and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance. 11. Indemnification. Lessee shall Indemnify, to the extent permitted by law, and save harmless Lessor and Its agents, employees, officers and directors from and, at Lessee's expense, defend Lessor and its agents, employees, officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Property. All amounts which become due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from Insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSOR HAS MADE AND MAKES NO REPRESENTATION OR, WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER, ITS DESIGN, DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee, at Its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on such warranty, at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement, "as is" at the payment date, for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B, Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right, title and Interest in and to the Property, free of any lien, encumbrance or security interest except such TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 2 liens, encumbrances or security interest as may be created, or permitted and not discharged, by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien, encumbrance or security Interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Property, this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: (1) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; (2) Lessee fails to comply with any other covenant, condition or agreement of Lessee hereunder for a period of the ten (10) days after notice thereof; of the date made; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as (4) Lessee makes, permits or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest herein, or any part of the Property or any interest therein; or (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is Instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein, Lessor may, at its sole discretion, exercise any or all of the following remedies: (1) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder, by acceleration or otherwise, or to cause Lessee to perform Its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor; (2) Take possession of the Property, without demand or notice and without court order or any process of law, and remove and relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; (3) Terminate this Agreement and repossess the Property, in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith; _ (4) Sell the Property or any portion thereof for Lessor's account at public or private sale, for cash or credit, without demand on notice to Lessee of Lessor's intention to do so, or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of (1) the costs of such repossession, sale, relocation, storage, reconditioning, reletting and reinstallation (including but not limited to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified in Exhibit B, and (iii) any past due amounts hereunder (plus Interest on such unpaid principal balance at the rate specified in Section 20 hereof, prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or (5) Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses," as that term is used in this Section 14, shall mean, to the extent allowed by law: (1) reasonable attorneys' fees if this Agreement Is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (Y) court costs and disbursements Including such costs in the event of any action necessary to secure possession of the Property; and (iii) actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling the Property, subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. (6) Under no circumstances shall Lessee be liable under this subsection 14 (b) for any amount in excess of the sum appropriated pursuant to Section 1 hereof for the previous and current fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 35. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof, lessee shall, upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement, deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Section 15, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold -over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of.terminatlon of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. 16. Assignment. Without Lessor's prior written consent, Lessee will not either (1) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Property or any Interest in this Agreement or the Property; or (ii) sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign Its rights, title and Interest in and to this Agreement, the Property and any other documents executed with respect to this Agreement and/or grant or assign a security Interest In this Agreement and the Property, in whole or In part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon.the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 3 reassignment of any of Lessor's rights, title or Interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made, disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment. During the term of this Agreement, Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a), and the regulations, proposed or existing, from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Upon acceptance of the Property by Lessee hereunder, Lessee shall have title to the Property during the term of this Agreement; however, in the event of (i) an Event of Default hereunder and for so long as such Event of Default is continuing, or (ii) termination of this Agreement pursuant to the provisions of Section 2 hereof, title shall be reverted immediately in and shall revert to Lessor free of any right, title or interest of Lessee unless Lessor elects otherwise. 19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand. 20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, Is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. 22. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its successors, a security interest in the Property, all accessions thereto and proceeds therefrom, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which may have jurisdiction over the Property. Lessee agrees to execute, acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. Lessee hereby authorizes Lessor or its agent or assigns to sign and execute on Its behalf any and all necessary UCC-1 forms to perfect the Purchase Money Security interests herein above granted to Lessor. 23. Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than $10,000,000 of "qualified tax-exempt obligations", as that term Is defined in Section 265 (b) 3 (D) of the Internal Revenue Code of 1986 ("the Code"), will be issued by it and any subordinate entities during 2012. Further, Lessee designates this issue as comprising a portion of the $10 million in aggregate Issues to be designated as "qualified tax exempt obligations" eligible for the exception contained in Section 265 (b) 3 (D) of the Code allowing for an exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations. 24. Continuing Disclosure. Specifically and without limitation, Lessee agrees to provide audited financial statements, prepared by a certified public accountant not later than six (6) months after and as of the end of each fiscal year. Periodic financial statements shall Include a combined balance sheet as of the end of each such period, and a combined statement of revenues, expenditures and changes in fund balances, from the beginning of the then fiscal year to the end of such period. These reports must be certified as correct by one of Lessee's authorized agents. If Lessee has subsidiaries, the financial statements required will be provided on a consolidated and consolidation basis. 25. Miscellaneous. (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee will take no action that would cause the interest portion of the Lease Payments to become coverage in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the "Code") and Treasury Regulations promulgated thereunder (the "Regulations"), and Lessee will take and will cause its officers, employees and agents to take all affirmative actions legally within Its power necessary to ensure that the interest portion of the Lease Payments does not become coverage in gross income of the recipient for federal Income tax purposes under the Code and Regulations. (c) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement (as Incorporated within the schedule of payments) is not excludable from Income in accordance with the Internal Revenue Code of 1986, as amended, such as to make Lessor and its assigns whole. (d) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (e) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which the Property is located. (f) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 4 (g) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceabillty without, to the extent reasonably possible, invalidating the remainder of this Agreement. (h) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (i) All transportation charges shall be borne by Lessee. Lessee will immediately notify Less f •y change occurring in or to the Property, of a change in Lessee's address, or in any fact or circumstance warranted or rep =sr by Lessee to Lessor, or if any Event of Default occurs. (j) Use of the neuter gender herein is for purposes of convenience only and shall be deeme n and include the masculine or feminine gender whenever and wherever appropriate. (k) The captions set forth herein are for convenience of reference only and shall not = r limit any of the terms or provisions hereof. (1) Except as otherwise provided herein, this Agreement shall be binding upon and �o the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors a igns, where permitted by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of in the year 2012. Lessor: Government Capital Corporation Authorized Signature 345 Miron Dr. Southlake, TX 76092 Lessee: City of Sanger Mike Brice, City Manager 201 Bolivar Street Sanger, TX 76266 Witness Print Name: Print Title: S Witness Signature: HE Print Name: Print Title: TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 5 EXHIBIT A DESCRIPTION OF PROPERTY TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT") BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Dated as of July 2, 2012 QTY DESCRIPTION One (1) Ambulance (a more detailed description to follow). VIN # One (1) Brush Truck - 4x4 SLT 168 WB 84 CA 6 Speed auto trans 4.44 axe[ VIN # PROPERTY LOCATIOI City of Sanger 201 Bolivar St. Sanger, TX 76266 TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 6 EXHIBIT B >> SCHEDULE OF PAYMENTS & OPTION TO PURCHASE PRICE << LEASE PURCHASE AGREEMENT NO. 5938 (THE "AGREEMENT') BY AND BETWEEN Lessor: Government Capital Corporation Lessee: City of Sanger Schedule dated as of July 2, 2012 PMT NO. PMT DATE MO DAY YR TOTAL PAYMENT INTEREST PAID PRINCIPAL PAID OPTION TO PURCHASE after pmt on this line 1 11/15/2012 $106,995.57 $4,240.15 $102,755.42 NA 2 11/15/2013 $106,995.57 $7,833.00 $99,162.57 $139,722.65 3 11/15/2014 $106,995.57 $4,560.63 $102,434.94 $36,080.42 4 11/15/2015 $36,946.35 $1,180.28 $35,766.07 $1.00 Grand Totals $357,933.06 $17,814.06 $340,119.00 Accepted By Lessee: Mike Brice, City Manager Sign; Here TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT — Page 7 INCUMBENCY, INSURANCE, AND ESSENTIAL USE CERTIFICATES TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT") BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Dated as of July 2, 2012 I, Tami Taber, do hereby certify that I am the duly elected or appointed and acting City Secretary (Keeper of the Records), of City of Sanger, a political subdivision or agency duly organized and existing under the laws of the State of Texas, that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite their respective name(s). I further certify that (i) the signature(s) set opposite their respective name(s) and title(s) are their true and authentic signature(s), and (u) such officers have the authority on behalf of such entity to enter into that certain Texas Municipal Lease -Purchase Agreement dated as of July 2, 2012, between such entity and Government Capital Corporation. Name Title Signature Mike Brice City Manager IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of , 2012. By Lessee: Tami Taber, City Secretary Negre Lessee certifies that property and liability insurance, if applicable, have been secured in accordance with the Agreement and such coverage will be maintained in full force for the term of the Agreement. "Lessor or its Assigns" should be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. The following information is provided about insurance -- INSURANCE COMPANY/AGENT'S NAME: INSURANCE COMPANY ADDRESS: PHONE NUMBER: POLICY NUMBER: I, Mike Brice, City Manager, of City of Sanger ("Lessee"), hereby certify that the Equipment, to be leased to the undersigned under the certain Lease Agreement, dated as of July 2, 2012, between such entity and Government Capital Corporation ("Lessor"), will be used by the undersigned Lessee for the following purpose: (PLEASE FILL OUT PRIMARY USE BELOW) PRIMARY The undersigned hereby represents that the use of the Equipment is.essential to its proper, efficient and economic operation. IN WITNESS WHEREOF, I have set my hand this day of By Lessee: Mike Brice, City Manager For Lessee: City of Sanger 2012. FI F j He I TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 8 CERTIFICATE OF ACCEPTANCE TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT") BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Dated as of July 2, 2012 1. ACCEPTANCE: In accordance with the Agreement, Lessee hereby certifies that all of the Property described herein (i) has been received by Lessee, (it) has been thoroughly examined and inspected to the complete satisfaction of Lessee, (!it) had been found by Lessee to be in good operating order, repair and condition, (iv) has been found to be of the size, design, quality, type and manufacture specified by Lessee, (v) has been found to be and is wholly suitable for Lessee's purposes, and (vi) is hereby unconditionally accepted by Lessee, in the condition received, for all purposes of this Agreement. By Lessee: Mike Brice, City Manager For Lessee: City of Sanger ACCEPTED on this the day of () Sign here 2012. (*) ACCEPTANCE MUST BE SIGNED ONLY IF NO ESCROW AGREEMENT IS INCLUDED 2. PROPERTY VARIOUS VEHICLES, SEE ATTACHED EXHIBIT A. 3. USE: The primary use of the Property is as follows (PLEASE FILL OUT PRIMARY USE BELOW) PRIMARY USE-- 4. PROPERTY LOCATION: City of Sanger 201 Bolivar St. Sanger, TX 76266 S. INVOICING: Invoices shall be sent to the following address, Including to whose attention invoices should be directed: City of Sanger Attn.: Mike Brice, City Manager P.O. Box 1729 Sanger, TX 76266 6. INSURANCE: Lessee certifies that property and liability insurance have been secured In accordance with the Agreement and such coverage will be maintained in force for the term of the Agreement. Lessor will be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. Company Insured Election to self -insure in accordance with Section 10 of the Agreement. 7. MAINTENANCE: In accordance with Section 6 of the Agreement, Lessee agrees to, at its own expense, service, repair and maintain the Property for the term of the Agreement as follows: Maintenance Contract Election to self -maintain TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 9 RESOLUTION # RM-10)- IQN A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING "VARIOUS VEHICLES": WHEREAS, City of Sanger desires to enter into that certain Lease -Purchase Agreement Number 5938, by and between City of Sanger and Government Capital Corporation, for the purpose of procuring "Various Vehicles'; The City desires to designate this Agreement as a "qualified tax exempt obligation" of the City for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The City desires to designate Mike Brice, City Manager, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE CITY OF SANGER: Section 1. That the City enters into a Lease Purchase Agreement with Government Capital Corporation for the purpose of procuring "Various Vehicles': Section 2. That the Lease Purchase Agreement dated as of July 2, 2012, by and between the City and Government Capital Corporation is designated by the City of Sanger as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. That the City of Sanger designates Mike Brice, City Manager, as an authorized signer of the Lease Purchase Agreement Number 5938 by and between the City of Sanger and Government Capital Corporation. PASSED AND APPROVED by the Board of the City of Sanger in a meeting held on the 2nd day of July, 2012. Lessee: City of Sanger Witness Signature Thomas Muir, Mayor Tami Taber, City Secretary TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 11 ESCROW AGREEMENT TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Tax ID # 756000661 Dated as of July 2, 2012 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of July 2, 2012 ("Agreement Date"), by and among Government Capital Corporation ("Lessor"), City of Sanger ("Lessee") and ("Agent'). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Texas Municipal Lease -Purchase Agreement dated as of July 2, 2012 (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $340,119.00 ("Escrow Amount") for deposit by Agent in the Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Escrow Disbursement Request Form, in the form attached hereto as "Schedule 1", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Escrow Disbursement request Form in the form attached hereto as "Schedule 1", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Escrow Disbursement request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations, or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share, or Money Market Mutual Funds registered under the Investment Act of 1940. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section S hereof. S. Upon execution of one or more Acceptance Certificates by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on January 2, 2013 ('Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; "Exhibit A" attached to the Lease shall thereupon be revised to delete any non -acquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its Intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. Agent shall be entitled to rely In good faith upon any documents signed by a party hereto and shall have no duty to investigate the veracity of such documents. Agent (1) may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (ii) shall not be liable for good faith reliance thereon. 10. To the limited extent required to perfect the security Interest granted by Lessee to Lessor in the cash and negotiable instrument from time to time comprising the Fund, Lessor hereby appoints the Agent as its security agent, and the Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash negotiable instruments on behalf of Lessor. 11. This Agreement may be amended by written agreement executed by all the parties. 12. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Sanger Mike Brice, City Manager `"� 1-u AGENT: BY: Agent Rep, Agent Rep Title TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT- Page 12 ESCROW AGREEMENT TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Tax ID # 756000661 Dated as of July 2, 2012 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of July 2, 2012 ("Agreement Date"), by and among Government Capital Corporation ("Lessor"), City of Sanger ("Lessee") and ("Agent'). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Texas Municipal Lease -Purchase Agreement dated as of July 2, 2012 (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $340,119.00 ("Escrow Amount') for deposit by Agent in the Escrow Account (the "Fund"), The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Escrow Disbursement Request Form, in the form attached hereto as "Schedule 1", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Escrow Disbursement request Form in the form attached hereto as `Schedule 1", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Escrow Disbursement request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which Is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations, or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share, or Money Market Mutual Funds registered under the Investment Act of 1940. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. 5. Upon execution of one or more Acceptance Certificates by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on January 2, 2013 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal In the Fund shall be transferred by Agent to Lessor; "Exhibit A" attached to the Lease shall thereupon be revised to delete any non -acquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. Agent shall be entitled to rely In good faith upon any documents signed by a party hereto and shall have no duty to Investigate the veracity of such documents. Agent (i) may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (11) shall not be liable for good faith reliance thereon. 10. To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instrument from time to time comprising the Fund, Lessor hereby appoints the Agent as its security agent, and the Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash negotiable Instruments on behalf of Lessor. 11. This Agreement may be amended by written agreement executed by all the parties. 12. This Agreement may be executed In several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Sanger AGENT: BY: SOgi1s Mike Brice, City Manager 'Her ®' BY: Agent Rep, Agent Rep Title TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 13 ESCROW AGREEMENT TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT No.5938 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Sanger Tax ID # 756000661 Dated as of July 2, 2012 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of July 2, 2012 ("Agreement Date"), by and among Government Capital Corporation ("Lessor"); City of Sanger ("Lessee") and ("Agent"). WITNES.SETH: WHEREAS, Lessor and Lessee have entered into a certain Texas Municipal Lease -Purchase Agreement dated as of July 2, 2012 (the "Lease") pursuant to which the property more particularly described therein (the "Equipment") will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $340,119,00 ("Escrow Amount") for deposit by Agent in the Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Escrow Disbursement Request Form, in the form attached hereto as "Schedule 1", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Escrow Disbursement request Form in the form attached hereto as "Schedule 1", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Escrow Disbursement request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully Insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations, or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share, or Money Market Mutual Funds registered under the Investment Act of 1940. Agent will retain In the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. S. Upon execution of one or more Acceptance Certificates by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on January 2, 2013 ('Termination Date"). In this latter event, Interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; "Exhibit A" attached to the Lease shall thereupon be revised to delete any non -acquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. Agent shall be entitled to rely in good faith upon any documents signed by a party hereto and shall have no duty to investigate the veracity of such documents. Agent (1) may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (ii) shall not be liable for good faith reliance thereon. 10. To the limited extent required to perfect the security interest granted by Lessee to Lessor In the cash and negotiable instrument from time to time comprising the Fund, Lessor hereby appoints the Agent as its security agent, and the Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash negotiable instruments on behalf of Lessor. 11. This Agreement may be amended by written agreement executed by all the parties. 12. This Agreement may be executed In several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Sanger BY: r VI Sign: Mike Brice, City Manager AGENT: BY: Agent Rep, Agent Rep Title TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT - Page 14 ITEMS SANGER ANIMAL SHELTER MONTHLY REPORT MONTH & YEAR May 2012 SUBMITTED: 785 NAME Sanger Dogs Cats Other Total -'- Percent Started -With 4 4 0 - 8 Intakes 14 21 0 35 Returned to Owner 8 0 0 - 8 35% Sent to Noah's Ark 0 8 0 8 35% Sent to Other Agency 0 01 0 `0 0% Adopted from Shelter 1 6 0 7 30% Euthanized 0 0 0 0 0% Other Outcome (Specify) 0 01 0 0 0% Total Processed 9 141 0 23 100% In Shelter at End of Month 9 11 0 _ 20 Comments: Reconcilliation Sanger 0 01 0 0 Noah's Ark Dogs Cats 10ther Total Percent Started With 0 01 00 Intakes 0 8 0 '- 8 Returned to Owner 0 01 0 0 0% Sent to Other Agency (Specify) 0 0 0 0 0% Adopted from Shelter 0 0 0 0 0% Euthanized (Specify Reason) 0 3 03 100% Other Outcome (Specify) 0 0 0 0 0% Total Processed 01 3 0 3 100% In Shelter at End of Month 01 51 0 5 Comments: 3 cats euth ( feral) Reconcilliation Noah's Ark 0 01 0 ! 0 Combined Dogs Cats 10ther Total 113ercent Returned to Owner 8 0 0 8 44% Sent to Other Agency (Specify) 0 0 0 0 0% Adopted 1 6 0 7 39% Euthanized (Specify reason) 0 3 0 3 17% Other Outcome (Specify) 0 0 01 0 0% Total 1 181