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11/05/2012-CC-Agenda Packet-RegularCSa' L TBSt•1S AGENDA CITY COUNCIL MONDAY, NOVEMBER 5, 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: October 15, 2012 - Work Session October 15, 2012 - City Council b) Disbursements c) Approve an Interlocal Agreement Between Denton County and the City of Sanger Providing for the Design of the Extension of Belz Road East of I-35 d) Approve Engaging Weaver and Tidwell, L.L.P. to Conduct Audit Services for Fiscal Year 2011/2012, Estimated in the Amount of $41,000 to $45,000 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve an Agreement With the Bass Federation, Paying a Fee of $1,000 to Serve as the Host City for their Central Division Championship in June 2013 at Lake Ray Roberts and Using Hote]/Motel Finds to Pay the Fee. 6. INFORMATION ITEMS: a) Financial and Investment Report - September b) Resignation Letter from Robert Koger of the Park Board 7. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public a11oA 3 ii ,�tj)pd said notice was posted on the following date and time: Cj ,/—/—�2�'�..,,,1� at //; U A.m. and shall remain posted until meeting is adj Tami Taber, City Secretary City of Sanger, Texas MINUTES: CITY COUNCIL WORKSESSION October 15, 2012 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Gary Bilyeu, Councilman Scott Stephens and Councilman Rusty Patton ABSENT: Councilman Russell Martin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development Services Director, Rob Woods Public Works Director, Rodney Dryden, Joe McFadden and Kelli Alexander 1. Call Meeting to Order. Mayor Muir called the City Council work session to order at 6:02 p.m. 2. Presentation by Rodney Dryden Regarding an Employee Compensation Assessment. Mr. Dryden introduced himself and Mr. McFadden of Wellspring Insurance. Mr. Dryden advised that Mr. McFadden will be the project manager. Mr. McFadden spoke to the Council and advised that he is a human resource benefit consultant for the public and private sector and he will review salary ranges, benefits and FSLA. Mr. McFadden will meet with the City Manager to choose nine to fifteen cities in the geographic area to see how the City of Sanger compares. The estimated time to complete is 90 days and the cost to do this is $20,000 The last salary survey was clone in 2008 by the City Manager. 3. Discuss Potential Amendment to the Sign Ordinance, Permitting Additional Signage for Businesses Near the Intersection of Interstate 35 and FM/455 Chapman Road. Joe Iliff discussed this item at the last work session regarding properties that are "double stacked" and the approval of the ordinance on the regular agenda would allow roof top signs in a designated perimeter of I-35 and FM455/Chapman Road. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the work session at 6:42 p.m. MINUTES: CITY COUNCIL MEETING October 15, 2012 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Rusty Patton ABSENT: Councilman Russell Martin OTHERS PRESENT: Mike Brice City Manager, Tani Taber City Secretary, Joe Iliff Development Services Director, Rob Woods Public Works Director, Sam Alexander, Kelli Alexander, Joe Spratt and Bill Wright 1. Call Meeting to Order, Invocation, Pledge of Allegiance Mayor Muir called the meeting to order at 7:00 p.m. Mayor Muir led the Invocation followed by Councilman Bilyeu leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or discuss any issues brought up during this section). Kelli Alexander, 3219 McReynolds Road, spoke about Noah's Ark and requested that the City stop taking animals there. CONSENT AGENDA 3. a) Approval of Minutes: September 28, 2012 - Emergency Meeting - Council October 1, 2012 - Work Session October 1, 2012 - City Council b) Disbursements Councilman Stephens made a motion to approve the consent agenda. Seconded by Councilman Ezell. Councilman Bilyeu voted for. Councilman Patton abstained since he was absent at the September 28, 2012 and October 1, 2012 meetings. 4. Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving Replat of 16.50 Acres, Located on the East Side of Marion Road North of FM 455 Marion Point Acres). Councilman Bilyeu made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 6. Consider, Discuss and Possibly Act on Approving Ordinance #10-16-12 - Amending the Sign Regulations for Businesses Near the Intersection of Interstate 35 and FM455/Chapman Road. Councilman Patton made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 7. Conduct a Public Hearing to Grant a Specific Use Permit for a Mobile Home as a Fixed Dwelling in an "A" Agricultural District at 11754 Metz Road, Tract 7 of the Henry Tierwester Survey. Mayor opened the Public Hearing at 7:16 p.m. Joe Spratt was present and was concerned about the mobile home staying there long term. Brief discussion was held regarding the SUP. This SUP will expire seven years from issuance. It will also expire if the property is rezoned from "A" Agricultural District to another district, if the property is subdivided, or if the owner removes the manufactured dwelling unit. Mayor closed the Public Hearing at 7:23 p.m. 8. Consider, Discuss and Possibly Act on Approving Ordinance #10-17-12 - Granting a Specific Use Permit for a Mobile Home as a Fixed Dwelling in an "A" Agricultural District at 11754 Metz Road, Tract 7 of the Henry Tierwester Survey. Councilman Stephens made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 9. Conduct a Public Hearing to Rezone From an MF-2 Multi -Family District to B-2 Business District, Sullivan Block West 15, Located at the Northeast Corner of 10th and Plum Street. Mayor opened the Public Hearing at 7:30 p.m. No one spoke for or against. Mayor closed the Public Hearing at 7:30 p.m. 10. Consider, Discuss and Possibly Act on Approving Ordinance #10-18-12 - to Rezone From an MF-2 Multi -Family District to B-2 Business District, Sullivan Block West 15, Located at the Northeast Corner of 10th and Plum Street. This location is for a future DATCU branch. Council Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 11. Consider, Discuss and Possibly Approve List of Engineering Firms for General Engineering Services. Rob Woods advised that he had received fourteen responses and narrowed it down to the following five: ARS Engineers Baird Hampton & Brown Nathan D. Maier Teague Nall and Perkins Pacheco Koch 12. INFORMATION ITEMS: a) Library Report - September b) Animal Control Report - September c) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 13. Adjourn. Mayor Muir adjourned the meeting at 7:36 p.m. 10/11/2012 3:07 PH A / P CHECK REGISTER PACKET: 05362 EMPLOYEE 10/11/12 OF VENDOR SET: 99 BANK ENE B EMPLOYEE BENEFIT FUND CHECK CHECK CHECK VENDOR NAME / I.D. DEBT TYPE DATE DISCOUNT AMOUNT NOS 24070 AETNA C-CM10/1/2012 AETNA R 10/11/2012 25,719.00 000223 I-H12201209054850 HEALTH INS 12-13 - AETNA R 10/11/2012 13,037.50CR 000223 I-H12201209184856 HEALTH INS 12-13 - AETNA R 10/11/2012 13,037.50CR 000223 24880 MINTER C-CM10/1/12 METLIFE R 10/11/2012 215.87 000224 C-CM10/1/2012 METLIFE R 10/11/2012 2,627.80 000224 1-10/01/2012 METLIFE R 10/11/2012 68.89CR 000224 I-10012012 METLIFE M.LV R 10/11/2012 11.49CR 000224 I-D12201209054850 DENTAL INS MET LIFE 12-13 R 10/11/2012 1,297.90CR 000224 I-DI2201209184856 DENTAL INS MET LIFE 12-13 R 10/11/2012 1,297.90CR 000224 I-MLB201209054850 EMP $25,000LIFE INSURANCE R 10/11/2012 98.82CR 000224 I-MLB201209184856 EMP $25,000LIFE INSURANCE R 10/11/2012 98.82CR 000224 I-MLV201209054850 EMPLOYEE VOLUNTARY LIFE INS R 10/11/2012 278.12CR 000224 I MLV201209184856 EMPLOYEE VOLUNTARY LIFE INS R 10/11/2012 278.12CR 000224 * * T 0 T A L S * ` NOS DISCOUNTS CHECK A.MT TOTAL. APPLIED REGULAR CHECKS: 2 0.00 942.39 942.39 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 C.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 2 0.00 942.39 942.39 TOTAL ERRORS: 0 TOTAL 'WARNINGS: 0 PAGE: 1 CHECK. AMOUNT 356.00 586.39 10/11/2012 3:11 PM A / P CHECK REGISTER PACKET: 05365 Regular Payments 10/11/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 21740 ACQUIRE CCTV I-SEPT 25, 2012 NETWORK CARD, PW CAN. R 10/11/2012 18100 AMERICAN MUNICIPAL SERVICES I-12295 WARRANT COLLECTIONS 9/12 R 10/11/2012 00210 ANII4AL HOSPITAL ON MILAM RD, P.C. I-14028 MASTIFF MIX #9071 PO 109158 R 10/11/2012 I-141798 MASTIFF MIX #9071 PO 109158 R 10/11/2012 I-142296 ADOPT PEG- BOSTON TERRIER R 10/11/2012 01550 ATMOS I-8/31/12-10/2/12 GAS SERVICE 8/31-10/2/12 R 10/11/2012 00420 BOUND TREE MEDICAL, LLC I-80893625 1ST QTR NEDG R 10/11/2012 10760 BRODART CO I M87722 RENEW BOOK LEASE SUB R 10/11/2012 22300 CARD SERVICE CENTER C-BRG REFUN09/20/12 REFUND ON FREIGHT R 10/11/2012 I -COMMUNITY 9/11/12 COFFEE FOR CITY HALL R 10/11/2012 I -COOPERS 9/26 COPIES FOR PUBLIC INFO R IOJ11/2012 I-FEDEX 9118/12 FEDEX EVIDENCE R 10/11/2012 I-MIGS 9/20/12 LUNCH MEETING RE: ERCOT R 10/11/2012 I-N CTRL 9/11/12 TRAINING/FRISCO, TX R 10/11/2012 I -RADIO SHACK 9/13 BATTERY FOR MEDIC R 10/11/2012 I-S. HARDWARE 9/5/12 SCREWS FOR COMPUIER MOUNT R 10/11/2012 I-USPS 9/13/12 POST FOR RADIO- MEDIC R 10/11/2012 I -VELOCITY 9/19/12 VELOCITY TECH R 10/11/2012 I -WESTERN 9/15/12 BEST WESTERN 9/12-9/14 R 10/11/2012 03110 CARDINAL TRACKING INC. I-100975 SOFTWARE LIC/ SUPPORT R 10/11/2012 20410 CARE HOW CORPORATE 1-888094 TESTING 9/24/12 R 10/11/2012 00600 CITY OF SAUCER I-9282012 UTILITIES 8115/12-9/13/12 R 10/11/2012 DISCOUNT CHECK CHECK AMOUNT NO$ AMOUNT 1,084.000R 051742 1,084.00 278.70CR 051743 278.70 113.58CR 051744 65.58CR 051744 125.000R 051744 304.16 95.69CR 051745 95.69 86.55CR 051746 86.55 1, 794.000R 051747 1,794.00 23.62 051748 77.94CR 051748 14.44CR 051748 58.43CR 051748 39.88CR 051748 39.000R 051748 4.99CR 051748 6.99CR 051748 80.54CR 051748 601.57CR 051748 320.85CR 051748 1,221.01 2,763.90CR 051749 2,763.90 70.000R 051750 70.00 36,903.22CR 051751 36,903.22 10/11/2012 3:11 Em A / P CHECK REGISTER PAGE: 2 PACKET: 05365 Regular PayCenta 10/11/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N09 AF:OUNT 00800 COSERV ELECTRIC I-8/17-9 /18 ELECTRIC 8/17-9/18 R 10/11/2012 1,811.64CR 051752 1,811.64 08770 CPI OFFICE PRODUCTS C-C3341848-0 TONER R 10/11/2012 63.79 051753 I-3341423-0 TONER R 10/11/2012 72.49CR 051753 8.70 22650 ➢&S ENGINEERING LABS, PILO I-12-9-000005 4TH & LOCUST ST R 10/11/2012 1,747.68CR 051754 1,747.68 15580 DENTON COUNTY ELECTIONS I-NOV 6, 2012 NOV. SPECIAL ELECTION R 10/11/2012 4,783.28CR 051755 4,783.28 00850 ➢ENTON RECORD-CHROIIICLE 1-273786 NOTICES 9/14-9/19 R 10/11/2012 2,504.25CR 051756 2,504.25 20980 EXPRESS SERVICES, INC. I-11587003-2 TEN.P EMPLOYEES 9/30/2012 R 10/11/2012 2,173.28CR 051757 2,173.28 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1209 MVR & OHNI SEARCH R 10/11/2012 31.000R 051758 31.00 18790 FUELIWI I-NP36001393 VEHICLE FUEL 10/1-10/7/12 R 10/11/2012 2,786.44CR 051359 2,788.44 25110 KEYSTONE FLEX ADMINISTRATORS, LLC I-10/l/2012 FLEX ADMIN FEES R 10/11/2012 880.000R 051760 880.00 25090 KLENKE, LAURA I-KLENKE MIT 10/4/12 REIMBURSE - FLAT SCREEN R 10/11/2012 150.000R 051761 150.00 10610 LEA➢ERSLIFE INS. COMPANY C-201210084874 LEADERSLIFE INS. CC14PANY R 10/11/2012 0.02 051762 I-LLI201209054850 LIFE INSURANCE R 10/11/2012 43.34CR 051762 I-LL1201209184856 LIFE INSURANCE R 10/11/2012 43.34CR 051762 86.66 25060 LEN.ONS PUBLICATIONS INC I-448 SPORTS PG AD-SEPT R 10/11/2012 55.000R 051763 55.00 20970 LEXIS NEXIS I-1457774-20120930 8/l/12-9/30/12 SERVICE R 10/11/2012 309.000R 051764 309.00 10/11/2012 3:11 PM A / P CHECK REGISTER PACKET: 05365 Regular Payments 10/11/12 CP VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 VENDOR NAME / I.D. DESC 23210 LIBERTY OFFICE PRODUCTS I-288989 ENVELOPES WITH LOGO 25100 LINDSEY WILLIAMS I-5 OCTOBER 2012 TUNE PIANO 16970 LONGHORN, INC. I-S2379312.001 IRRIGATION MODULES 6 SUPP 01940 NORTH TEXAS EXTINGUISHER I-13043 ANNUAL FIRE EXTINGUISHER 20150 NORTH, ADAM I -NORTH 10/18/12 MEAL MONEY 10/18 08690 O'REILLY AUTO PARTS C-1959-406638 BATTERY SERVICE FEE I-1959-406553 BATTERY SERVICE FEE I-1959-407012 SHOP SUPPLIES I-1959-407226 OXYGEN SENSOR 41-58 02970 OFFICE DEPOT I-626832091001 OFFICE SUPPLIES ADMIN 12710 PETTIT MACHINERY, INC I-S18220 CATON REPAIR 05510 PROGRESSIVE. WAST SOLUTIONS OF IN, INC I-1200959398 R/O RENTAL 6 SLUDGE 05510 PROGRESSIVE WAST SOLUTIONS OF IN, INC I-SEP-12 SEPT 2012 02090 PUNCHES, CHRISTY I -PUNCHES 10/14-17 MILEAGE TCCA CONFERENCE 18380 R 6 T MECHANICAL I-20424 REPAIR A/C UNIT PO 1095466 19290 RENTAL ONE I-360206-0001 WALK BEHIND TRENCHER CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT R 10/11/2012 1,347.50CR 051765 1,347.50 R 10/11/2012 125.000R 051766 125.00 R 10/11/2012 6.78CR 332.13CR 051767 332.13 R 10/11/2012 55.000R 051768 55.00 R 10/11/2012 35.000R 051769 35.00 R 10/11/2012 216.99 051770 R 10/11/2012 219.99CR 051770 R 10/11/2012 44.72CR 051770 R 10/11/2012 56.54CR 051770 104.26 R 10/11/2012 398.61CR 051771 398.61 R 10/11/2G12 61.40CR 051772 61.40 R 10/11/2012 99.90CR 051773 99.90 R 10/11/2012 46,453.14CR 051774 46,453.14 R 10/11/2012 95.40CR 051775 95.40 R 10/11/2012 218.000R 051776 218.00 R 10/11/2012 183.15CR 051777 183.15 10/11/2012 3:11 PM A / P CHECK REGISTER PACKET: 05365 Regular Payments 10/11/12 CF VENCOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK VENCOR NM4E / I.D. DESC TYPE DATE 11170 RICOH AMERICAS CORP:gDS I-22137256 COPIER LEASE 2012-2013 R 10/11/2012 12820 RICOH USA, INC I-5023847876 MAINT AGREEMENT 2012-2013 R 10/11/2012 1 ROBINSON, SALLYE I-ROBINSON 30/5/12 CONN. DEPOSI R 10/11/2012 22160 SANGER FIRE ASSOCIATION I-PNPARTY 10/10/12 SPOKE FOR PUB ED. R 10/11/2012 25020 SANGER HARDWARE I-A1985 MISC SUPPLIES R 10/11/2012 I-A2002 FASTENERS-MARK'S TRUCK R 10/11/2012 I-A2421 MISC TOOLS 6 SUPPLIES R 10/11/2012 I-A2422 MISC TOOLS & SUPPLIES R 10/11/2012 16240 SCHAD L PULTE I-187463 4TH OTR SUPPLIES R 10/11/2012 I-88801 4TH QTR SUPPLIES R 10/11/2012 1 SHELTON, NARY I-SHELTON 10/5/12 CM4. DEPOSIT R 10/11/2012 11790 TABER, TANI I-TABER 10/18-19/12 MEAL MONEY 10/18-10/19/12 R 10/11/2012 19460 LOT TIRE CENTERS I-62UO11291 11L-16 BACKHOE TIRES R 10/11/2012 05350 TEXAS EXCAVATION SAFETY SPOT 1-12-12388 MESSAGE FEES 10/11-9/12 R 10/11/2012 23760 VAULTLOGIX I-908471 VAULTLOGIX -SERVER BACK UP R 10/11/2012 22430 WELLS FARGO BANK, NA I-915/2012 FFIT NO 7 UTILITY METERING SYSTEM LEASE R 10/11/2012 24670 WILLIAMS, MICHELLE I-WILLIA.MS 10/15-26 CLASS IDEAL P:ONEY 10/15-26 R 10/11/2012 CHECK CHECK DISCOUNT AMOUNT NO@ AMOUNT 227.71CR 051778 227.71 500.85CR 051779 500.85 100.000R 051780 100.00 20.69CR 051781 20.69 3.99CR 051782 14.48CR 051782 11.24CR 051782 18.79CR 051782 48.50 53.000R 051783 16.000R 051783 69.00 100.000R 051784 100.00 70.000R 051785 70.00 350.000R 051786 350.00 80.75CR 051787 80.15 600.000R C51788 600.00 104,454.81CR 051789 104,454.81 125.000R 051790 125.00 10/11/2012 3:11 PY A / P CHECK REGISTER PACKET: 05365 Regular Payments 10/11/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 5 VENCOR NAME / I.D. DISC ** T O T A L S *' REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRIT£ CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOS NOS DISCOUNTS CHECK AMP TOTAL APPLIED 49 6.78 218,185.96 218,192.74 0 0.00 0.00 0.00 0 0.00 0.00 - 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 49 6.78 218,185.96 218,192.74 CHECK AMOUNT 10/19/2012 7:26 Am A / P CHECK REGISTER PAGE: 1 PACKET: 05384 Regular Paynente 10/18/12 CF. VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. OESC TYPE DATE DISCOUNT AMOUNT NO9 AMOUNT 07860 ACT PIPE SUPPLY, INC I-706207 PARTS -WATER LINE REPAIRS R 10/19/2012 482.21CR 051834 482.21 00440 BRANDS ELECTRIC I-27060-RI-1 SEPT 2012 SERVICE R 10/19/2012 10,963.64CR 051835 10,963.64 17730 BRICE, MIKE I -MAYFLOWER 10/7112 MIND. TAUT CAD R 10/19/2012 24.11CR 051836 24.11 1 BROWN, BRANDY I -BROWN COH 10/14/12 CON DEPOSIT R 10/19/2012 100.000R 051837 100.00 11220 BSN/COLLEGIATE PACIFIC 1-94935902 TOE PLATES FOR PORTER R 10/19/2012 199.20CR 051838 199.20 02490 CENTURYLINK I-10/10/2012 PHONE SERVICE 10/10-11/9 R 10/19/2012 1,383.54CR 051839 1,383.54 00590 CITY OF DENTON I-TDA HUNTER10/30/12 TDA-CEU 2012 - HUNTER, S. R 10/19/2012 65.000R 051840 65.00 25120 CITY OF SAGINAW 1-20121005 LOST BOOK R 10/19/2012 15.95CR 051841 15.95 00710 DATA BUSINESS FORMS INC. I-88008 ROUND COURT SEAL STAMP R 10/19/2012 41.30CR 051842 41.30 21660 DUNBAR I-I0568122 DEPOSIT BAGS R 10/19/2012 199.86CR 051843 199.86 19270 FAMILY COLLAR I-6998522160 TOILET PAPER, COFFEE, ETC R 10/19/2012 49.85CR 051844 I-6998522161 TOILET PAPER, COFFEE, ETC R 10/19/2012 49.80CR 051844 I-6998522162 TOILET PAPER, COFFEE, ETC R 10/19/2012 49.15CR 051844 I-6998522163 TOILET PAPER, COFFEE, ETC R 10/19/2012 49.88CR 051844 198.68 18790 FUELMAN I-NP36049458 VEHICLE FUEL 10/8-10/14 R 10/19/2012 2,728.66CR 051845 2,728.66 03660 GOHLKE POOL SUPPLY, INC. I-154874-1 HTH CHEMICAL R 10/19/2012 323.98CR 051846 323.98 10/19/2012 7:26 AM A / P CHECK REGISTER PACKET: 05384 Regular Paynents 10/18/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK VENDOR NAME / I.D. BEST TYPE DATE 20220 INGHAM I-07246647 BOOKS R 10/19/2012 1-07255604 BOOKS R 10/19/2012 04140 MOTOROLA SOLUTIONS I-41172391 700/800- VHF MOBILE BASE R 10/19/2012 04300 NCTCOG 1-68715 MEMBER 10/l/12-9/30/13 R 10/19/2012 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LIP I-12060768 GENERAL LEGAL SERVICES R 10/19/2012 08690 O-REILLY AUTO PARTS I-1959-407911 HEATER CORE 44-50 & 46-22 R 10/19/2012 I-1959-407914 HEATER CORE 44-50 6 46-22 R 10/19/2012 I-1959-407955 HEATER CORE 44-50 6 46-22 R 10/19/2012 I-1959-407956 HEATER CORE 44-50 & 46-22 R 10/19/2012 1-1959-408200 HEATER CORE 44-50 & 46-22 R 10/19/2012 I-1959-408262 HEADLIGHT BULBS #11-20 R 10/19/2012 02970 OFFICE DEPOT I-628089800001 ROLODEX, DIVIDERS, INK, R 10/19/2012 I-628327984001 ROLODEX, DIVIDERS, INK, R 10/19/2012 24230 PIONEER ATHLETICS I-INV461065 PAINT FOR BALLFIELDS R 10/19/2012 02690 TECHLINE, INC. I-1454536-00 100 AMP, METAL LCCKRING R 10/19/2012 02580 TEXAS WORKFORCE COMMISSION I-3RD OTR 2012 3RD QTR UNEMPLOYMENT R 10/19/2012 19260 TYLER TECHNOLOGIES I-025-53596 DEMAND RATE & SECURE SIG R 10/19/2012 02910 UPPER TRINITY I-A271210 FY2012-2013 ADMIN FEES R 10/19/2012 02910 UPPER TRINITY I-W271210 UPPER TRINITY 9/l/12-9/30/12 R 10/19/2012 CHECK CHECK DISCOUNT AMOUNT NO# MOUNT 121.20CR 051847 16.50CR 051847 137.70 8,999.50CR 051848 8,999.50 697.000R 051849 697.00 144.000R 051850 144.00 33.24CR 051851 33.24CR 051851 4.84CR 051851 16.04CR 051851 71.94CR 051851 35.18CR 051851 194.48 413.48CR 051852 47.79CR 051852 461.27 233.70CR 051853 233.70 175.000R 051854 175.00 1,595.52CR 051855 1,595.52 460.73CR 051856 460.73 2,383.DDCR 051857 2,383.00 21,736.43CR 051858 21,736.43 10/19/2012 7:26 m A / P CHECK REGISTER PACKET: 05384 Regular Payments 10/18/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAVE / I.D. DISC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 25010 W.O. AIMS CONSTRUCTION COMPANY LLC I-012013 RAILROAD BALLFIELD RENOV R 10/19/2012 23,800.000R 051859 23,800.00 25150 WELLSPRING HUMAN CAPITAL :4ANAGENENT LLC 1-10/15/2012 CCMPENSATION STUDY R 10/19/2012 10,000.00CR 051860 10,000.00 * * T 0 T A L S * + NOS DISCOUNTS CHECK MT TOTAL APPLIED REGULAR CHECKS: 27 0.00 87,744.46 87,144.46 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: 21 0.00 87,744.46 87,744.46 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 10/19/2012 7:28 AM A / P CHECK REGISTER PACKET: 05385 ACQUIRE 10/18/12 OF VENCOR SET: 99 BANK 2009 2009 BOND CONSTRUCTION PAGE: 1 VENCOR NAME / I.D. DESC 21740 ACQUIRE CCTV I-10/15/2012 "B" PORTER - VIDEO SYSTEM *` T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRIT£ CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N09 AMOUNT R 10/19/2012 5,713.75CR 001080 5,713.75 NO$ DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 5,713.75 5,713.75 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 5,713.75 5,713.75 10/25/2012 5:06 PM - A / P CHECK REGISTER PAGE: 1 PACKET: 05393 Regular Payments 10/25/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VESPER NAME / I.D. DEEP TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19050 GE CAPITAL RETAIL BANK / AMAZON 1-253861235647 BCOKS R 10/25/2012 13.45CR 051861 13.45 11910 BELL, BRAD I -BELL 10/29-11/5/12 MEAL MONEY 10/29-11/5/12 R 10/25/2012 75.000R 051862 75.00 13270 HOLZ, JA.MES I -TRACTOR 10/20/12 RUBBER BOOTS REIN". R 10/25/2012 69.98CR 051863 I -TRACTOR 10/24/12 RUBBER BOOTS REINS. R 10/25/2012 69.98CR 051863 139.96 20410 CARE NOW CORPORATE I-888964 TESTING R 10/25/2012 35.000R 051864 35.00 12760 CINTAS, INC. I-492699004 UNIFORMS 10/l/12-9/30/13 R 10/25/2012 70.55CR 051865 I-492701974 UNIFORMS 10/l/12-9/30/13 R 10/25/2012 70.55CR 051865 I-492705028 UNIFORMS 10/l/12-9/30/13 R 10/25/2012 70.55CR 051865 I-492708013 UNIFORMS 10/l/12-9/30/13 R 10/25/2012 70.55CR 051865 282.20 00600 CITY OF SANGER I-5625 TRAILER LEAF SPRING R 10/25/2012 28.000R 051866 I-5626 TRAILER LEAF SPRING R 10/25/2012 35.000R 051866 I-DCC 10/25/12 FILING FEES R 10/25/2012 60.000R 051866 123.00 00050 CONLEY SAND & GRAVEL 1-9726 SAND & GRAVEL R 10/25/2012 475.000R 051867 I-9732 LOAD OF FLEX BASE R 10/25/2012 450.000R 051867 925.00 23620 COTE'S MECHANICAL I-1471 SERVICE A/C UNITS R 10/25/2012 55.000R 051868 55.00 00710 DATA BUSINESS FORMS INC. I-88087 LETTERHEAD & ENVELOPES R 10/25/2012 168.13CR 051869 1-88097 NAME PLATES R 10/25/2012 40.99CR 051869 209.12 18190 DEPARTMENT OF INFORMATION RESOURCE I-1309101811 TELEPHONE SERVICE 9/1-9130/12 R 10/25/2012 21.53CR 051870 21.53 17640 DOLLAR GENERAL - CHARGED SALES I-1000141677 PAPER TOWELS, BAGS, ETC R 10/25/2012 22.000R 051871 22.00 20980 EXPRESS SERVICES, INC. I-11615775-1 TEMP EMPLOYEES IO/7/2012 R 10/25/2012 2,576.20CR 051872 1-11647321-6 TEMP EMPLOYEES 10/14/12 R 10/25/2012 2,449.45CR 051872 5,025.65 10/25/2012 5:06 IN A / P CHECK REGISTER PACKET: 05393 Regular Payments 10/25/12 OF VENEOR SET: 99 BANK POOL POOLED CASH ACCOUIIT PAGE: 2 VENCOR RACE / I.D. OESC 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1111 BACKGROUND CHECKS I-7750YD1205 BACKGROUND CHECKS 18790 FUELMAN I-np36108819 VEHICLE FUEL 10/15-10/21 22690 GEAR CLEANING SOLUTION I-6029 CLEAT] GEAR 24960 GO GEEKS GO, LLC I-1005 TECH SUPPORT 10/1-10/16 16900 GET PUBLIC SAFETY SUPPLY I-IIN-026230 S/S SHIRTS 6 PANTS 779 05920 IMC WASTE DISPOSAL I-80629 DISPOSAL WASTE 20220 eNGRAN 1-07330769 BOOKS 21220 IRBY TCOL 6 SAFETY I-S006914948.003 SPOOL INSULATOR 08210 ME EAR 1-00001-018F7268 STATE INSPECTIONS 1-00001-01817304 STATE INSPECTIONS I-0001-01817348 2012-13 INSPECTIONS 01490 LARD LAND, INC. I-301104 WEED EATER 5 STRING 17060 LEAD 11 EXCELLENCE I-10112012S JULY, AUG, SEPT 20970 LEWIS NP,XIS I-1457774-20130930P YEAR CONTRACT RENEWAL 169M LONGHORN, INC. I-S2406498.001 1 1/2- VALVE - IRRIGATION CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOA R 10/25/2012 30.50CR 051873 R 10/25/2012 74.50CR 051873 R 10/25/2012 2,906.56CR 051874 R 10/25/2012 582.76CR 051875 R 10/25/2012 834.99CR 051876 R 10/25/2012 155.85CR 051877 R 10/25/2012 380.O0CR 051878 R 10/25/2012 19.25CR 051879 R 10/25/2012 153.60CR 051880 R 10/25/2012 39.75CR 051881 R 10/25/2012 14.50CR 051881 R 10/25/2012 14.50CR 051881 R 10/25/2012 303.99CR 051882 R 10/25/2012 648.000R 051883 R 10/25/2012 1,854.000R 051884 R 10/25/2012 1.29CR 63.19CR 051885 CHECK AMOUNT 105.00 2,906.56 582.76 834.99 155.85 380.00 19.25 153.60 68.75 303.99 648.00 1,854.00 63.19 10/25/2012 5:06 PM A / P CHECK REGISTER PACKET: 05393 Regular Payments 10/25/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 VENDOR NAME / I.D. DISC 25170 METRO IRS WIRELESS, INC I-737407 TEXT MESSAGE RETRIEVAL 24040 NORTH TEXAS LIBRARY PARTNERS I-13048 MEMBERSHIP DUES 08690 O'REILLY AUTO PARTS I-14959-410327 AIR FILTERS 6 OIL FILTERS I-1959-408198 SHOP SUPPLIES - I-1959-410199 AIR FILTERS 6 OIL FILTERS I-1959-410312 AIR FILTERS 6 OIL FILTERS I-1959-410320 AIR FILTERS 6 OIL FILTERS I-1959-410902 OIL FILTER 02970 OFFICE DEPOT I-628619997001 OFFICE SUPPLIES I-628620480001 OFFICE SUPPLIES I-626620481001 OFFICE SUPPLIES I-629282626001 OFFICE SUPPLIES I-629395338001 OFFICE SUPPLIES 12710 PETTIT MACHINERY, INC I-P92354 DECK DRIVE SHAFT I-P92355 GEAR CASE FOR SPREADER 24490 RANCH HAND FEED 6 SUPPLY 1-13329 DOG FOOD G KITTY LITTER 02170 REINERT PAPER 6 CHEMICAL, INC. I-289607 CLEANING SUPPLIES 11130 RICOH AMERICAS CORP:QDS I-22233546 ANNUAL 2012-2013 16240 SCHAD 6 PULTE I-187580 1ST QTR SUPPLIES 20750 SEMAPHORE CORPORATION 1-201301 ZP4 S CASS DISC 09550 SOUTHWEST CHEMICAL, I NC. I-95781 CHLORINE CYLINDERS CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT R 10/25/2012 50.000R 051886 50.00 R 10/25/2012 400.000R 051887 400.00 R 10/25/2012 11.68CR 051888 R 10/25/2012 331.90CR 051888 R 10/25/2012 50.68CR 051888 R 10/25/2012 49.26CR 051888 R 10/25/2012 32.08CR 051888 R 10/25/2012 5.94CR 051888 481.54 R 10/25/2012 56.06CR 051889 R 10/25/2012 229.91CR 051889 R 10/25/2012 69.49CR 051889 R 10/25/2012 73.05CR 051889 R 10/25/2012 11.12CR 051889 439.63 R 10/25/2012 445.35CR 051890 R IOJ25/2012 241.64CR 051890 686.99 R 10/25/2012 20.97CR 051891 20.97 R 10/25/2012 90.11CR 051892 90.11 R 10/25/2012 205.33CR 051893 205.33 R 10/25/2012 17.000R 051894 17.00 R 10/25/2012 131.000R 051895 131.00 R 10/25/2012 1,597.50CR 051896 11597.50 10/25/2012 5:06 IN A / P CHECK REGISTER PACKET: 05393 Regular Payments 10/25/12 OF VENDOR SET: 99 BANK I POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT A}:OUNT N09 AMOUNT 02310 STATE COMPTROLLER I-001886 2012UNCLAIM 2012 UNCLAIMED PROPERTY R 10/25/2012 1,158.62CR 051897 1,158.62 18620 STERICYCLE I-4003699689 1ST QTR SUPPLIES R 10/25/2012 40.12CR 051898 1-4003716372 LET QTR SUPPLIES R 10/25/2012 125.59CR 051898 165.71 16340 SUN BELT RENTALS, INC. 1-36970270-001 RENTAL OF SAW R 10/25/2012 98.94CR 051899 98.94 24620 SUNGARD PUBLIC SECTOR, INC I-54369 DIGITAL DISPATCH R 10/25/2012 16,125.000R 051900 I-54521 DIGITAL DISPATCH R 10/25/2012 320.000R 051900 16,445.00 19460 TCI TIRE CENTERS I-6270011290 LT245/75R16 TIRES R 10/25/2012 623.92CR 051901 623.92 02690 TECHLINE, INC. 1-1453226-00 POLES BASES, ETC R 10/25/2012 4,641.000R 051902 I-1454560-00 ANT KILLER SPRAY, MASTER R 10/25/2012 270.000R 051902 4,911.00 08970 TEXAS METER 6 SEWER CO I-187626 3/4 X 3, 3/4 X6, CLAMPS R 10/25/2012 496.72CR 051903 I-187627 CONSTRUCTION METERS R 10/25/2012 1,227.60CR 051903 1,724.32 23850 TEXAS STATE LIBRARY AND ARCHIVES COMMISSION I-TS13854 TEXSHARE FEE FY-2013 R 10/25/2012 151.000R 051904 151.00 09040 THOMPSON, J RANDY I-138824 N.ISC HAND TOOLS R 10/25/2012 498.73CR 051905 498.73 ` * T O T A L S ' ` NOT DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 45 1.29 44,900.16 44,901.45 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -?TRITE 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 ZION CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 45 1.29 44,900.16 44,901.45 10/25/2012 5:06 PM A / P CHECK REGISTER PAGE: 5 PACKET: 05393 Regular Paynents 10/25/12 CC VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ERROR LISTING CHECK $ VENDOR NAME PAGE ERROR MESSAGE NOTES 051897 99-02510 STATE CUIPTROLLER 4 CHECK DATE < ITEM. DATE THAN NO#: I-001886 2012U TOTAL ERRORS: 0 TOTAL WARNINGS: i (THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF SANGER TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County," and the City of Sanger, Texas, a duly organized municipality, existing ruder the laws of the State of Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing for the design of the extension of Belz Road east of I-35 to consist of approximately 3,400 linear feet of roadway and a storm water system capable of supporting commercial traffic, located entirely within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into between the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. ICA — Sanger— Belz Road Extension Page I of 6 II. The County and the City hereby agree that the scope of the Project shall be limited to providing for the design of the extension of Betz Road east of I-35 to consist of approximately 3,400 linear feet of roadway and a storm water system capable of supporting commercial traffic, at a total project cost which shall not exceed ONE HUNDRED TWO THOUSAND ONE HUNDRED AND NO1100 DOLLARS ($102,100.00). III. The County hereby agrees to contribute an amount which shall not exceed ONE HUNDRED TWO THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($102,100.00) toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City hereby agrees to provide all necessary design, engineering, right-of-way acquisition, utility relocation and construction required for satisfactory completion of the Project. In addition, the City will provide all inspections of the Project. V. This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Sheet, Suite 423, Denton, Texas 76201, and at the same time, submit a copy of the invoice to Bennett Howell, 111, PE, CFM, Denton County Public Works Director, 1505 E. McKinney Street, Suite 175, Denton, Texas 76209, and Commissioner Hugh Coleman, 1400 FM 424, Suite 139, Crossroads, Texas. The invoices shall be submitted on a monthly basis and the County shall reimburse the City based on the relative funding obligations of the Parties, for all approved expenses related to the Project within thirty (30) calendar days of receipt of an invoice fi-om the City, provided that all expenditures are made ICA— Sanger— Betz Road Extension Page 2 of in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. vII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. VIII. This Agreement may be terminated in whole, or in part, by the County or the City Upon thirty [30] days written notice to the other party. hr the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 Copy To: Tami Taber, City Secretary City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 ICA — Sanger- Betz Road Extension Page 3 of 6 Copy To: Denton County District Attotney's Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City. XII. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XIII. The County agrees to accept full responsibility for the acts, negligence or omissions of all County employees, agents, subcontractors or contract laborers doing work under a contract or agreement with the County. XIV. The City agrees to accept full responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contact laborers doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any inummity or defense that would otherwise be available to it against claims made by third parties. XVI. In the event that any portion of this Agreement shall be found to he contrary to ICA — Sanger— Betz Road Extension Page 4 of 6 law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fidlest extent possible. XVIL The undersigned officers or agents of the Parties hereto are the properly authorized officials who have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVIII. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. ICA — Sanger— Betz Road Extension Page 5 of 6 Executed in triplicate originals this day of 12012. DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM: By: Assistant District Attorney CITY OF SANGER, TEXAS P. 0. Box 1729 Sanger, Texas 76266 By: Honorable Thomas Muir Mayor of the City of Sanger, Texas Acting by and on behalf of the authority of the City of Sanger, Texas ATTEST: By: City Secretary APPROVED AS TO FORM: By: City Attorney COUNTY AUDITOR'S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ICA — Sanger— Betz Road Extension Page 6 of 6 October 3, 2012 Mr. Mike Brice City Manager, City of Sanger 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 Dr. Mr. Brice: We are pleased to confirm our understanding of the services we are to provide City of Sanger (the City) for the year ended September 30, 2012. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City as of and for the year ended September 30, 2012. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required .by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Budget Comparison Schedule— General Fund 3) Texas Municipal Retirement Systems Schedule of Funding Progress We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to tine financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in ANINDEPENDENT WEAVER AND TIDWELL LLP FORT WORTH MEMBER OF BAKER TILLY CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS 2821 W SEVENTH STREET, SUITE 700, FORT WORTH, TX 76107 INTERNATIONAL WWW.WEAVERLLP.COM P:(817) 332 7905 F:(817) 429 5936 Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 2 relation to the financial statements as a whole: 1) Combining Schedule of Revenues and Expenses — Proprietary Fund by Department 2) Analysis of Property Taxes Receivable Audit Objective The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified (unmodified), we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. You are also responsible for making all management decisions and performing all management functions; for designating an individual with suitable skill, knowledge, or experience to oversee our assistance with the preparation of your financial statements and related notes and any other nonattest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and where applicable, cash flows, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. ibh•. Mike Brice City of Sanger, Texas October 3, 2012 Page 3 Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that fine effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where tine fiaud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and 'indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the representation letter that (1) you are responsible for presentation of the supplementary innformation in accordance with GAAP; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Ann audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Nil. Mike Brice City of Sanger, Texas October 3, 2012 Page 4 Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors or any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations fiom you about the financial statements and related matters. Audit Procedures —Internal Control Our audit will include obtaining an understanding of the entity and its enviromnent, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, during the audit, we will commmmnicate to management and those charged with governance internal control related matters that are required to be communicated under. AICPA professional standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 5 Engagement Administration, Fees, and Other We may from tune to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. hi the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our Profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable, and will discuss with you any possible means of resolving them prior to suspending our services. Both of us agree that any dispute between you and Weaver and Tidwell, L.L.P. arising from time engagement, this agreement, or the breach of it, may, if negotiations and other discussion fail, be first submitted to mediation in accordance with the provisions of the Cormnercial Mediation Rules of the American Arbitration Association (AAA) then in effect. Both of us agree to conduct any mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Mediation is not a pre -condition to the arbitration provided for below and the failure or refusal by either party to request or to participate in mediation shall not preclude the right of either party to initiate arbitration. We agree to conduct the mediation in Fort Worth, Texas, or another mutually agreed upon location. Both of us agree that any dispute arising from the engagement, this agreement or tine breach of it shall be subject to binding arbitration under the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and of the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA (the Rules), and judgment on the Award rendered by the Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 6 arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with the Rules. The parties agree to conduct the arbitration in Fort Worth, Texas, or another mutually agreed upon location. The arbitrator may only award direct damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' fees and expert witness fees, court costs, and the administrative costs, arbitrator's fees, and expenses of the AAA incurred in the arbitration or litigation in addition to any other relief that may be awarded. Notwithstanding the provisions of the immediately preceding paragraph, neither of us shall be compelled to arbitrate any dispute between us which arises out of any claim asserted against either of us by a third party, unless the third party (whether one or more) agrees to join the arbitration or can be compelled to join it. If any term of this agreement is declared illegal, unenforceable, or unconscionable, that term shall be severed and the remaining terms of the agreement shall remain in force. Both of us agree that the arbitrator(s) or Court, as the case may be, should modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended meaning of the term as closely as possible. If a dispute arising from the engagement or from this agreement or any term of it or any alleged breach of it is submitted to a Court for interpretation or adjudication, both of us irrevocably waive the right to trial by jury and agree that thejury waiver and provisions of this agreement regarding damages, attorneys' fees, and expenses shall be applied and enforced by the Court. During the course of our engagement, we will request information and explanations fiom management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The City agrees that as a condition of our engagement to perform an audit that management will, to the best of its knowledge and belief, be huthful, accurate and complete in all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit; or, worse, could cause a material error or a fraud to go undetected by our procedures. Thus, the City agrees that we will not be liable for any damages or otherwise responsible for any misstatements in the City's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. Moreover, the City agrees to indemnify and hold us harmless from any claims and liabilities, including reasonable attorneys' fees, expert fees and costs of investigation and defense, arising out of or related to this engagement if false or misleading representations are made to us by any member of the City's management. Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 7 We expect to begin our audit on approximately December 3, 2012 and to issue our reports in February 2013. Mr. James Fitts is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Fees for our services are due upon receipt of our invoice. For bills not paid within 60 days of the billing date, a late charge will be added to the outstanding balance. The rate charged will be calculated using the then "prime rate" charged to commercial customers by local area financial lending institutions, up to a maximum annualpercentage rate of 10%. rding to the degree of responsibility involved and the skill Individual hourly rates vary acco required. Interim billings will be submitted as work progresses and as expenses are incurred. Based on preliminary estimate, we estimate that our audit engagement will range from $41,000 to $45,000. This fee estimate is based on anticipated cooperation from your persomieI and the assumption that unexpected circumstances will not be encountered during the audit. If fee estimate. significant additional time is necessary, we will discuss the reasons with you and arrive at a new We appreciate the opportunity to be of service to City of Sanger and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terns of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours truly, Cvovxer aa Je.,f:fP. WEAVER AND TIDWELL, L.L.P. JRF:kel Enclosure Mr. Mike Brice City of Sanger, Texas October 3, 2012 MI, RESPONSE: This letter correctly sets forth the understanding of the City of Sanger, Texas. Officer signature: Title: Date: October 3, 2012 Mr. Mike Brice City Manager, City of Sanger 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 Dr. Mr. Brice: We are pleased to confirm our understanding of the services we are to provide City of Sanger (the City) for the year ended September 30, 2012. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City as of and for the year ended September 30, 2012. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board vvho considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Budget Comparison Schedule — General Fund 3) Texas Municipal Retirement Systems Schedule of Funding Progress We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in ANINDEPENDENT WEAVER AND TIDWELL LLP FORT WORTH MEMBER OF BAKER TILLY CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS 2821 W SEVENTH STREET, SUITE 700, FORT WORTH, TX 76107 INTERNATIONAL WWW.WEAVERLLRCOM P:(817) 332 7905 F:(817) 429 5936 Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 2 relation to the financial statements as a whole: 1) Combining Schedule of Revenues and Expenses — Proprietary Fund by Department 2) Analysis of Property Taxes Receivable Audit Objective The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Onr audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified (unmodified), we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. You are also responsible for making all management decisions and performing all management flmctions; for designating an individual with suitable skill, knowledge, or experience to oversee our assistance with the preparation of your financial statements and related notes and any other nonattest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and where applicable, cash flows, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 3 Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that fire effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Audit Procedures—Gencral An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or govenunental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Mi•. Mike Brice City of Sanger, Texas October 3, 2012 Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors or any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures —Internal Control Our audit will include obtaining an understanding of the entity and its enviromnent, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, during the audit, we will conuumnicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 5 Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable, and will discuss with you any possible means of resolving them prior to suspending our services. Both of us agree that any dispute between you and Weaver and Tidwell, L.L.P. arising from the engagement, this agreement, or the breach of it, may, if negotiations and other discussion fail, be first submitted to mediation in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association (AAA) then in effect. Both of us agree to conduct any mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Mediation is not a pre -condition to the arbitration provided for below and the failure or refusal by either party to request or to participate in mediation shall not preclude the right of either party to initiate arbitration. We agree to conduct the mediation in Fort Worth, Texas, or another mutually agreed upon location. Both of us agree that any dispute arising from the engagement, this agreement or the breach of it shall be subject to binding arbitration under the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and of the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA (the Rules), and judgment on the Award rendered by the Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 6 arbitrator maybe entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with the Rules. The parties agree to conduct the arbitration in Fort Worth, Texas, or another mutually agreed upon location. The arbitrator may only award direct damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' fees and expert witness fees, court costs, and the administrative costs, arbitrator's fees, and expenses of the AAA incurred in the arbitration or litigation in addition to any other relief that may be awarded. Notwithstanding the provisions of the immediately preceding paragraph, neither of us shall be compelled to arbitrate any dispute between us which arises out of any claim asserted against either of us by a third party, unless the third party (whether one or more) agrees to join the arbitration or can be compelled to join it. If any term of this agreement is declared illegal, unenforceable, or unconscionable, that term shall be severed and the remaining terms of the agreement shall remain in force. Both of us agree that the arbitrator(s) or Court, as the case may be, should modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended meaning of the term as closely as possible. If a dispute arising from the engagement or from this agreement or any term of it or any alleged breach of it is submitted to a Court for interpretation or adjudication, both of us irrevocably waive the right to trial by jury and agree that the jury waiver and provisions of this agreement regarding damages, attorneys' fees, and expenses shall be applied and enforced by the Court. During the course of our engagement, we will request information and explanations from management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The City agrees that as a condition of our engagement to perform an audit that management will, to the best of its knowledge and belief, be truthfid, accurate and complete in all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our reportwill be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend urmecessary efforts in the audit; or, worse, could cause a material error or a fraud to go undetected by our procedures. Thus, the City agrees that we will not be liable for any damages or otherwise responsible for any misstatements hi the City's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. Moreover, the City agrees to indemnify and hold us harmless from any claims and liabilities, including reasonable attorneys' fees, expert fees and costs of investigation and defense, arising out of or related to this engagement if false or misleading representations are made to us by any member of the City's management. Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 7 We expect to begin our audit on approximately December 3, 2012 and to issue our reports in February 2013. Mr. James Fitts is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Fees for our services are due upon receipt of our invoice. For bills not paid within 60 days of the billing date, a late charge will be added to the outstanding balance. The rate charged will be calculated using the then "prime rate" charged to commercial customers by local area financial lending institutions, up to a maximum amoral percentage rate of 10%. Individual hourly rates vary according to the degree of responsibility involved and the skill required. Interim billings will be submitted as work progresses and as expenses are incurred. Based on preliminary estimate, we estimate that our audit engagement will range from $41,000 to $45,000. This fee estimate is based on anticipated cooperation from your persormel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss the reasons with you and arrive at a new fee estimate. We appreciate the opportunity to be of service to City of Sanger and believe this letter accurately sunnnarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours truly, � t)A bte,� cL4 , fx f. WEAVER AND TIDWELL, L.L.P. JRF:kel Enclosure Mr. Mike Brice City of Sanger, Texas October 3, 2012 Page 8 RESPONSE: This letter correctly sets forth the understanding of the City of Sanger, Texas. Officer signature: Title: Date: I Jan 2012 vs 2300 E. Coleman Rd, Ponca City, Ok. 74604 580-765-9031 I t TBF DIVISIONAL CHAMPIONSHIP SERIES e , o CONFIDENTIAL HOST SITE AGREEMENT This agreement is entered into by and between City of Sanger, TX, (hereinafter referred to as the site host), and The Bass Federation, Inc. (hereinafter referred to as TBF.) WHEREAS: TBF is the Organizer, Promoter, Management and Owner of all rights to a bass fishing tournament designated as The Bass Federation (TBF) Central Division Championship, which is a part of our national qualifying series and WHEREAS: the "site host", expects to derive promotional and economic value from its participation in the tournament via direct dollars, print and electronic media; and WHEREAS: TBF. and the affiliated State Federation through hosting this event, has direct impact on the tourism industry \ local economy via tournament participants, sponsors, staff and guests; and WHEREAS: the "site host" desires to promote tourism to Sanger, TX, and to take advantage of the benefits offered by the exposure generated by hosting this tournament. WHEREAS: TBF and the affiliated State Federation, desires to headquarters and conduct the tournament in\from Lake Ray Roberts and Sanger, TX -and NOW, THEREFORE, the parties hereto agree as follows: 1. TBF and its affiliated State Federation chapter agree to host the 2013 TBF Southwestern Division Championship fishing tournament with headquarters in San eg r TX. 2. The site host agrees to pay TBF a site host fee not to exceed $1,000.00. (see attachment "B" fora breakdoim.) 3. TBF. has no right of cancellation except for causes below: An act of God, any acts of war, terrorism, unavoidable accident, strike or other labor dispute, fire, riot or civil commotion, government action or decree, or for any reason beyond the control of you or TBF, then neither you nor we shall be obligated in any manner to the other with respect to such events. (Including payment of the rights fee for such event). However, in the event that any event shall be postponed or delayed, then we shall have the right to elect to reschedule the event date in accordance with all the terms hereof. 4. The site host understands that TBF, will have complete control of the tournament's and events operation, site set-up, promotions, sales or signage within the event area's and site firnctions and governing policies. It is ftirther understood that the event (s) will conduct itself in compliance with all national, state, county and local governing laws. In return for agreeing to the above, TBF agrees to provide complete recognition to the site host area with editorial coverage in local, state, regional and national tournament news releases and state, regional, 1 I Jan 2012 vsl 2300 E. Coleman Rd, Ponca City, Ok. 74604 580-765-9031 and national publications within TBF's control. City of Sanger, TX and TBF are independent contracting parties and nothing contained in the agreement shall be deemed to create a partnership, joint venture or agency relationship between them. Event dates shall be June 11 to 101,2013. This agreement constitutes the entire agreement between the parties and no change or modification thereof can be made except in writing signed by both parties in the same manner as this agreement is signed and approved. Copies of this agreement may be produced, or reproduced, any such copy, properly executed by the parties hereto and approved in the proper manner, may be used as originals for any purpose for which an original may be needed. IN WITNESS HEREOF, the parties have caused the signature of the appropriate officers for each of them to be affixed hereto on the date below. Signed Date Accepted by: Signed Date Accepted by: Robert L. Cartlidge, President\CEO The Bass Federation, Inc 2300 E. Coleman RD Ponca City, Oklahoma. 74604 580-765-9031 Office 580-765-2890 fax 580-761-7000 cell I Jan 2012 vs 2300 E. Coleman Rd, Ponca City, Ok. 74604 580-765-9031 .ATTRGftMENT z`R" ESTIMATED COMMUNITY REVENUES (Attachment - A) ESTIMATED NUMBER OF GUESTS "In Town": Central Fisherman 96 Family 60 Press 2 Sponsors 3 TBF, Inc. Staff 6 State Federation Staff 10 Total Approx. Guests 177 ACCOMMODATIONS: Campsites 10 @ 25.00 average x 7 nights average $ 1,750.00 GAS: Boats (Gas) 48 x 30 Gallons @ 3.50 x 6 days $ 30,240.00 Vehicles 150 x 1 tank @ 75.00 per tank Rill $ 11,250.00 MEALS: 177 Persons x 35.00 per day x 7 days average $43,365.00 ENTERTAINMENT: 177 Persons x $25 average per day x 3 days average $13,275.00 MISCELLANEOUS: Licenses Fishing tackles\supplies $ 12,000.00 Grocery\Drug items $ 7,000.00 TOTAL COMAlUtVITYREVENUES: $118,880.00 *NOTE: This is a low estimate; most communities will realize larger revenues. *NOTE; It should be noted that these are averages, many fisherman will be on site pre -fishing for 4-6 days prior to the event. That impact is NOT included in these totals. *NOTE; It should be noted that not included in the above benefits to community is nationwide media exposure (websites, television, newspapers, magazines, etc.) derived from the event. 1 Jan 2012 vsl 2300 E. Coleman Rd, Ponca City, Ok. 74604 580-765-9031 ATTBCHMENT ESTIMATED COMMUNITY EXPENSES\ IN KIND SERVICES $ 1,000.00 cash site host fee to TBF. $1,000.00 TOTAL COST TO COMMUNITY fees and "In -kind Services $1,000.00 SUMMARY Total estimated revenues $118,880.00 Total estimated expenditures $ 1,000.00 (MAX) Total DIRECT DOLLAR benefit to community $117,880.00 ITEMS REVENUE -GENERAL FUND Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste TOTAL REVENUE CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES For the Twelve Months Ending September 30, 2012 YTD OVER BUDGET ACTUAL BUDGET (UNDER)BUDGET 2,245,873 2,154.800 91,073 541,590 543,800 (2,210) $2,500,000 130,559 53,990 76,569 463,628 457,000 6,628 $2,000,000 192,131 345,122 (152,991) . 220,295 _ 196,800 23,495 653,402 649,375 4,027 $1,500,000 4,447.478 4,400,887 46.591 ACTUAL % BUDGETED REVENUE 101% YTD (OVER)BUDGET EXPENDITURES -GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 475,508 5 33,889 38,381 Police & Animal Control 1,200,012 1.318,990 118,978 Fire & Ambulance 675,103 749,410 - 74,307 Municipal Court 202,945 233,095 30,150 Development Services 222,606 226,285 3,679 Streets 239,059 582,148 343,089 Parks & Recreation 456,523 536,229 79,706 Library 164,849 171,108 6,259 Solid Waste 589,739 569,375 (20,364) TOTAL EXPENDITURES 4,226,344 4,900,529 674,185 REVENUE OVER (UNDER) EXPENDITURES 221,134 (499,642) 720,776 OTHER FINANCING SOURCES (USES) Fund Balance Carry Over 50,000 Transfer from 4A/4B 31,000 31,000 - Transfer from Debt Service 78,154 78,154 Transfer from Enterprise Fund 350,000 (350,000) Transfer to Capital Project Fund (93,041) (93.041) CHANGE IN FUND BALANCE 237,247 9,512 277,735 FUND BALANCE -BOY 800,223 800,223 FUND BALANCE -EOY 1,037,470 809,735 277,735 ACTUAL% OF BUDGETED EXPENDITURES 86% $1,000,000 $500,000 $- Taxes Franchise Fees Licenses& Fees Fire & Fines& Other Solid 104% 100% 24rA Ambulance Forfeitures 122% Waite 101% 58% 101% EXPECTED% OF BUDGETED REVENUE 100% FUND EXPENDITURES MlActuall� BUDGETGENERAL rr rrr 1 rri iri :rr rrr '01R , Ir rll 1 1IFF `v ;`1r$f r�"`a�7ki(0 i"4`,0(.r:,ts 4' EXPECTED % OF BUDGETED EXPENDITURES 100% CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES For the Twelve Months Ending September 30, 2012 OVER BUDGET REVENUE- ENTERPRISE FUND YTD ACTUAL BUDGET (UNDER) BUDGET Water' 1,309,922 1,231,737 78,185 Wastewater 1,074,124 1,065,069 9,055 Tap Fees 396,350 50,000 346,350 Electric 7,467,664 7,485,000 (17,336) Interest 32,902 25,000 7,902 Miscellaneous 58,795 50,000 8,795 TOTAL REVENUE 10,339,758 9,906,806 432,952 ACTUAL% OF BUDGETED REVENUE 104% (OVER)BUDGET EXPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET UNDER BUDGET Administration 692,616 923,571 230,955 Water 756,521 916,670 160,149 Wastewater 674,424 550,434 (123,990) Electric 5,993,000 6,198,069 205,069 Debt Service 841,608 807,436 (34,172) TOTAL EXPENDITURES 8,958,170 9,396,180 438,010 REVENUE OVER (UNDER) EXPENDITURES 1.381,588 510,626 870,962 OTHER FINANCING SOURCES (USES) Transfers to General Fund - (350,000) 350,000 Transfers to Capital Project Fund (106,507) (106,507) CHANGE IN FUND BALANCE 1,275,081 54,119 1,220,962 FUND BALANCE- BOY 4,338,251 4,338,251 FUND BALANCE -EOY 5,613,332 4,392,370 1,220,962 ACTUAL% OF BUDGETED EXPENDITURES 95% 'Wotar revenue low due to brye comctln0 entry made on 10/01/11 CArcIJCU%o Vr CUUGt I tU KtVtNUt 100% EXPECTED % OF BUDGETED EXPENDITURES 100 % CASH AND INVESTMENTS Unrestricted: Cash for Operations Investments for Operations Restricted: Tourism" Keep Sanger Beautiful (KSB)- Court Technology and Security`" Equipment Replacement - Library Parks* Animal Control* One Plus Donations* Safety Incentive* Water Deposits Debt service Capital Projects: �Capljal Impfovemepts TOTAL CASH AND INVESTMENTS *Deferred Revenue accounts closed out to appropriate Fund Balance accounts at the end of each fiscal year. CITY OF SANGER, TEXAS CASH AND INVESTMENTS As of September 30, 2012 ENTERPRISE DEBT SERVICE CAPITAL GENERALFUND FUND FUND PROJECTS FUND TOTAL $ 163,149 $ 1,989,279 $ 30,134 $ 9,225 $ 2,191,787 559,333 448,968 1,008,301 1,237 1,237 156,433 38,958 195,391 49,928 49,928 4,385 4,385 215 215 316,233 316,233 951,238 268,843 1,220,081 1,317,613 1,317,613 $ 934,465 $ 5,062,504 $ 298,977 $ 9,225 $ 6,305,171 Cash and Investments as of September 30, 2012 Acct. # Maturity Yield* Balance Restricted GF Contingency Reserve CD Prosperity 00-1039 4/26/2013 0.35% $ 203,784 GF Contingency Reserve CD 642606 00-1043 7/13/2013 0.40% 204,399 GF Contingency Reserve MM 2487969 00-1031 0.65% 151,329 GF Equipment Replacement CD 719706 00-1033 7/6/2013 0.80% $ 61,637 Y GF Equipment Replacement MM 2376237 00-1032 0.65% 94,796 Y Library CD702994 00-1035 1/22/2013 0.80% $ 49,928 Y Beautification Board Deferred Revenue 00-2615 1,237 Y Park Board Deferred Revenue 00-2620 4,385 Y *'Deferred Revenue accounts close to Fund Balance at year-end. Cash and Investments as of September 30, 2012 Yield 0.40% Balance 1.98 Pooled Cash 00-1010 $ 88,059 Water Deposit CD 2375850 00-1041 1/3/2013 1.25% 228,174 WATERDEPOSITREFUND ACCT. $ 316,233i Sewer Capital Reserve CD 642584 00-1044 10/23/2012 0.45% $ 278,210 Sewer Capital Reserve MM 2380226 00-1038 0.65% 101,587 SEWER CAPITAL RESERVE $ 379,797 Water Capital Reserve MM 2376156 00-1037 0.65% $ 297,928 Water Capital Reserve CD 459844 00-1043 1/3/2013 0.50% 639,888 WATER CAPITAL RESERVE $ 937,816 Combined EF Debt Service MM 2376113 00-1039 0.43% $ 587,755 EF Bond Reserve CD 459585 00-1046 1/3/2013 0.90% 349,683 99 &96 Bond Reserve MM 2381400 00-1033 0.65% 13,800 BOND FUND RESERVES $ 951,238,', EF Reserve CD 642541 00-1040 3/25/2013 0.45% $ 102,596 EF Contingency Reserve CD 459739 00-1047 1/3/2013 1.25% 16,212 EF Contingency Reserve CD 737860 00-1014 2/14/2013 0.90% 304,604 EF Contingency Reserve MM 2809753 00-1012 0.65% 25 rlsF Equipment Replacement MM 2376202 00-1034 'Deferred Revenue accounts close to Fund Balance at year-end. 0,65% $ 0.75% Y Y Cash and Investments as of September 30, 2012 4A Certificates of Deposit. Money Market and Cash Name Acct. # Maturity Yield Balance Restricted Pooled Cash 00-1000 0.40% $ 68,463 Y Cash NOW 900020693 Prosperity 00-1010 50,346 Y 4A MM 902551273 Prosperity 00-1012 0.20% 585,792 Y Sanger TX Ind Corp CD 486639 00-1013 4/2/2013 0.35% 93,343 Y TOTAL CASH AND INVESTMENTS $ 797,944' 4B Certificates of Deposit, Monev Market and • ash Acct Name Acct. # Maturity Yield Balance Restricted Pooled Cash 00-1000 0.40% $ 5,311 Y Cash MM 2379694 00-1010 0.40% 165,773 Y 4B CD 653500 00-1013 4/3/2013 1.30% 21,160 Y 4B CD 659924 00-1014 5/12/2013 0.80% 20,966 Y 4B CD 664243 00-1015 6/5/2013 0.90% 21,031 Y 4B CD 673277 00-1016 7/9/2013 0.80% 20,990 Y 4B CD 686115 00-1017 8/14/2013 0.60% 20,973 Y 4B CD 689521 00-1018 9/11/2013 0.60% 20,906 Y 4B CD 694371 00-1019 10/14/2013 0.70% 20,909 Y 4B CD 697230 00-1020 11/17/2012 1.30% 20,978 Y 4B CD 699934 00-1021 12/18/2012 1.25% 20,970 Y 4B CD 702285 00-1022 1/13/2013 0.80% 20,802 Y 4B CD 706078 00-1023 2/19/2013 1.30% 20,682 Y 4B CD 720097 00-1024 11/9/2012 1.00% 20,463 Y 4B CD 720119 00-1025 3/9/2013 0.80% 20,514 Y TOTAL CASH AND INVESTMENTS $ 442428' Cash and Investments as of September 30, 2012 Capital Proiects Fund Cash and Investments 999-00-1000 $ 9,225 CIP TQTAL ! $ 9 2�5 . `,' Ppofed"Cash and, Invgsimerrts:°y } Debt Service Fund,. , r Cash and investments 003-00-1010 $ 298,977 DSF TOTAL; $ 298,977 Popled Casfianci`Trwesfinenfs. Robert L. Koger 3009 Lake Side Drive Sanger, Tx 76266 Mr. Mike Brice City Manager 502 Elm St. Sanger, Tx 76266 Dear Mike, October 14, 2012 I, Robert Koger, tender my resignation for position seven on the Sanger Parks and Recreation Board effective October 17, 2012. I would like to thank Mike Brice, the Mayor, and City Council for allowing me to serve at their pleasure. I have enjoyed my tenure and the opportunity to create and advance parks and recreation programs and facilities for the city. I would also like to say thank you to John, Norma, James and the rest of the Parks and Recreation Department for allowing me to be part of their program. All of the City employees I have met are exceptional people who work hard to make Sanger a great place to live. Thank you. Rober . Koger