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06/22/2009-4B-Agenda Packet-Regular• AGENDA 4B SANGER, TEXAS DEVELOPMENT CORPORATION MONDAY, JUNE 22, 2009 6:00 P.M. 502 ELM STREET 1. Call Meeting to Order. 2. Approve Minutes: May 11, 2009 3. Authorize the Execution of a Sales Tax Remittance Agreement with the City of Sanger and other Matters Related Thereto. 4. Project Updates: a) Streetscape b) Downtown Park c) Sports Park 5. Review Financials 6. Adjournment. 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: SANGER TEXAS DEVELOPMENT CORPORATION May 11, 2009 MEMBERS PRESENT: John Payne, Barbara Martin, Beverly Howard, Scott Stephens, Jeff Springer, Will Dutton MEMBERS ABSENT: Beverly Branch OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez 1. Call Meeting to Order. President Payne called meeting to order. 2. Approve Minutes: March 23, 2009 Motion was made by Beverly Howard to approve the minutes as presented. Seconded by Will Dutton. Motion carried unanimously. 3. Consider and Po~.sible Action on Additional Funding for the Streetscape Project. The City Manager proceeded with an update on the Streetscape Project. He indicated they have been meeting with the contractor to get the final cost for closing the project. They spent $66,000 more on the road, side streets, and on the resurface of the road. The original plans did not have the sidewalks extended to the alleys; they only went part of the way. The sidewalks were extended to the alleys on every block. The additional amount spent on the sidewalks was about $23,000. They also moved the Embarq phone line that.was going across 3rd Street and the one going down Bolivar. There was an additional $10,000 spe1it on ramps. The total amount that was spent was a little over $120,000.00 more than what was planned. The City Manager asked the 4B Board Members for additional funding up to $64,000. He advised that the City had· $60,000 from street improvements that he will put toward the project. President Payne asked if this included everything. The City Manager indicated that it did. He advised everything had been done and most of the work has been paid. President Payne asked for the original amount that the Board agreed to fund on this project • The City Manager indicated there were two amounts they agreed to fund. One was ·• for the project itself, which was up to $348,000. The other was for $57,000 that included the planters, light poles, and all the additional items that were not in the original bid. Discussion continued concerning the additional funding to finish the project. The City :Manager indicated total expenditure for the project is $525,000. Barbara Martin indicated that since part of the overage includes Hollingsworth, she will be abstaining from voting. Jeff Springer made the motion to approve up to $64,000 additional funding for the Streetscape project. Seconded by Beverly Howard. Motion carried unanimously. Barbara Martin abstained. 4. Project Updates: a) Streetscape b) Downtown Park The City Manager advised that the downtown park has been delayed due to the rain. Everything is on hand and we are just waiting for some dry days to start the work. c) Sports Park The City Manager advised that the closing of the property was Thursday. We are continuing to prepare a cost on that project to move forward with the bond issue. The City Council will hold the first public hearing May 18, 2009. He discussed the publications, the final hearing, and the appr~val of the sale of bonds. The tentative date is set for either the last meeting in June or the first meeting in July. The City Manager discussed having a joint meeting with the Parks Board and the City Council to present the overall plan. Scott Stephens asked if we will request bids for architect services. The City Manager indicated that we do not have to bid professional services. He will send out requests for quotes for architect services. This will give us the opportunity to select an architect who specializes in sports parks. The management of the park, once it is designed, can be done in-house. The design and the details are important to get those done correctly from the beginning. 5. Review Financials Discussion continued concerning the financials. The balances on the money market and the certificate of deposits were reviewed. The sales tax revenues were briefly discussed. • 6. Adjournment. Motion was made by Will Dutton to adjourn. Seconded by Barbara Martin. Motion carried unanimously . • SALES TAX REMITTANCE AGREEMENT SALES TAX REMITTANCE AGREEMENT, dated as of June 22, 2009 (the "Agreement"), executed by and between the City of Sanger, Texas (the "City") and the Sanger Economic Development Corporation (the "Corporation"). W I TN E S S E T H: WHEREAS, the Corporation was created by the City pursuant to authority granted by Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to possess the powers granted by Section 4B of the Act, including promotion or development of new or expanded business enterprises within the boundaries of the City; and WHEREAS, on May 2, 1998 the citizens of the City voting at an election on said date approved the levy of a one-half of one percent sales and use tax upon the receipts at retail of taxable items (the "Sales Tax") pursuant to Section 4B of the Act; and WHEREAS, under the Act and the provisions of the Texas Tax Code, disbursements of sales and use taxes are made to cities, such as the City, by the Comptroller of Public Accounts of Texas (the "Comptroller"); and WHEREAS, the City is in the process of issuing its Certificates Of Obligation, Series 2009 in the principal amount of $3,200,000 (the "Bonds") for the public purpose of purchasing land and improvements and paying for professional services related thereto (together, the "Project"); and WHEREAS, the City and the Corporation have each duly found that the Project will serve to promote and develop new and expanded business enterprises within the boundaries of the City; and WHEREAS, the City and the Corporation have determined that Sales Tax moneys in an amount ranging from $170,000 to $190,000 (ref Section 1.1) per year shall be transferred to the City's debt service fund (the "Interest & Sinking Fund") established by the City for payment of the principal and interest on the Certificates. WHEREAS, the parties do hereby deem it necessary and advisable to enter into this Agreement to evidence the duties and responsibilities of the respective parties with respect to the transfer of Sales Tax moneys by the Corporation to the City's Interest & Sinking Fund for the Notes. NOW, THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation contract and agree as follows: HOU:2562002.1 • ARTICLE I. SALES TAX MONEYS Section 1.1. The City shall fund the Certificates of Obligation on July 30 2009. It is hereby agreed by the Corporation and the City that the Corporation shall contribute an amount not to exceed $190,000 nor be less than $170;000 annually from its Sales Tax revenues towards the City's debt service fund (the "Interest & Sinking Fund"). Such amount will be determined by the actual proportion of the Certificates of Obligation used on the land and improvements. Such transfers by the Corporation to the City shall occur in such time as to allow the City to make timely payment of principal of and interest on the Certificates in accordance with the Debt Service Schedule. Section 1.2. After the final transfer of funds to the Interest & Sinking Fund for the Certificates, all claims and requirements of this Agreement for the transfer of such moneys to the Interest & Sinking Fund for the Certificates shall cease and terminate. Section 1.3. The Project being financed with the proceeds of the Certificates is for the benefit of the citizens of the City and in accordance with the purposes of the Act. ARTICLE II. MISCELLANEOUS Section 2.1. If any clause, provision, or section of this Agreement should be held illegal or invalid by any court of competent jurisdiction, the invalidity of such clause, provision, or section shall not affect any of the remaining clauses, provisions, or sections hereof and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or section had not been contained herein. In case any agreement or obligation contained in this Agreement should be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the City and the Corporation, as the case may be, to the full extent permitted by law. Section 2.2. The City and the Corporation hereby find and determine that the facts and recitations contained in the preamble of this Agreement are true and correct, and such facts and recitations are hereby.incorporated into the substantive provisions of this Agreement. HOU:2562002.1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the date first set out above. ATTEST: City Secretary [SEAL] ATTEST: Secretary, Board of Directors HOU:2562002.I CITY OF SANGER, TEXAS Mayor CITY OF SANGER DEVELOPMENT CORPORATION President, Board of Directors • I 6-17-2009 07:46 AM 42 -4B CORPORATION ACCT# ACCOUNT NAME ASSETS 42-00-1010 CASH MONEY MARKET#2379694 42-00-1011 SANGER TX DEV. CORP.CD 497371 42-00-1012 4B CD 461024 (6669) 42-00-1013 4B SANGER TEXAS DEV.CD#653500 42-00-1014 4B DEVELOPMENT CD#659924 42-00-1053 RECEIVABLE-OTHER 42-00-1060 DUE FROM GEN. FUND 42-00-1062 AMT TO BE PROVIDED FOR L-T-D TOTAL ASSETS LIABILITIES 42-00-2201 N/P GNB TOTAL LIABILITIES FUND BALANCE 42-0----20 FUND BALANCE AL BEGINNING FUND BALANCE TOTAL EQUITY/FUND BALANCE REVENUES 42-00-4425 STATE SALES TAX 42-00-4800 INTEREST INCOME 42-00-4940 DONATIONS 42-00-4 950 TRANSFER PRIOR YEAR INCOME 42-00-4985 TRANFERS OUT FROM 4B/ TO GF 42-00-4990 TRANSFERS FROM RESERVES TOTAL REVENUES EXPENDITURES 42-76-5200 CHECK CHARGES 42-76-5210 OFFICE SUPPLIES 42-76-5215 TRAVEL & REGISTRATIONS 42-76-5220 DUES 42-76-5225 PUBLICATIONS/SUBSCRIPTIONS 42-76-5235 DUES & REGISTRATION 42-7 TRAVEL 42-7 INSURANCE 42-76-5420 CONTRACTUAL SERVICES CI TY OF SANGER BASE TRIAL BALANCE AS OF: MAY 31ST, 2009 *** MONTH TO DATE*** DEBITS CREDITS 86,726.09 o.oo 83,316.12 41.10 20,000.00 o. 00 0 .oo 0.00 20,041.10 170,042.21 ----~o-.o~o _____ _ o. 00 0.00 0.00 ------ ____ ___;:.0.:..-o=o -----'o'""'."""o"o o.oo 0. 00 -=--=-=-=--==-==---~ 24,744.75 740.15 o.oo o.oo 0 .oo ____ ....oo~."""o"o _____ _ 0.00 25,484.90 0.00 0.00 0.00 0.00 0.00 o.oo 0.00 0.00 0.00 PAGE: *** YEAR TO DATE *** DEBITS CREDITS 117,170.73 0.00 366,442.89 20,041.10 20,000.00 18,131.63 60,058.00 0.00 541,786.35 60,058.00 ----""-====--=-- 0.00 ------ 0.00 0.00 693,619.78 ----~o~. o~o _____ o-'.---'o~o o. 00 693,619.78 176,681.71 12,773.30 0.00 0.00 0.00 -------'o-'."""o"o _____ _ 0.00 189,455.01 0.00 98.70 0.00 0. 00 0. 00 0.00 0.00 o.oo 0.00 6-17-2009 07:46 AM CITY OF SANGER PAGE: 2 BASE TRIAL BALANCE AS OF: MAY 31ST, 2009 42 -4B CORPORATION +·H MONTH TO DATE *** ++-1-YEAR TO DATE ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS EXPENDITURES (CONT) 42-76-5450 ENGINEERING FEES 0.00 0.00 42-76-6311 PARK -IMP CIP 173,511.17 173,511.17 42-76-6500 PROJECTS 1,974.84 227,736.57 TOTAL EXPENDITURES 175,486.01 0. 00 401,346.44 0.00 =========•-.,""'= +** TOTALS BALANCE *** 195,527.11 195,527.11 943,132.79 943,132.79 +++ END OF REPORT*** 6-17-2009 07: 44 AM 42 -48 CORPORATION 76-48 EXPENSES DEP NT EXPEND I TURES C I T Y O F S A N G E R FINANCIAL STATEMENT CURRENT BUDGET AS OF: MAY 31ST, 2009 CURRENT PERIOD Y-T-D % OF ACTUAL BUDGET Y-T-D ENCUMB. PAGE: 3 BUDGET BALANCE -------------------------------------------------------------------------------------------------------------------------------- 52-SUPPLIES AND MATERIALS 76-5200 CHECK CHARGES o. 00 76-5210 OFFICE SUPPLIES 200.00 76-5215 TRAVEL & REGISTRATIONS o. oo 76-5220 DUES 0.00 76-5225 PUBLICATIONS/SUBSCRIPTIONS 200. 00 76-5235 DUES & REGISTRATION 250.00 76-5240 TRAVEL 750.00 TOTAL 52-SUPPLIES AND MATERIALS 1,400.00 54-CONTRACT SERVICES 76-5410 INSURANCE 0.00 76~5420 CONTRACTUAL SERVICES 0.00 76-5450 ENGINEERING FEES 0. 00 TOTAL 54-CONTRACT SERVICES 0.00 63-CAPITAL IMP/0$5, 000 76-6 RK -IMP CIP 0.00 TOT 63-CAPITAL IMP/0$5,000 0.00 65-PROJECTS 76-6500 PROJECTS 0.00 TOTAL 65-PROJECTS 0.00 DEPARTMENT TOTAL ... 1,400.00 ... TOTAL EXPENDITURES ... 1,400.00 OTHER FINANCING SOURCES (USES) ------------------------------ 00-4990 TRANSFERS FROM RESERVES 25,000.00) TOTAL OTHER FINANCING SOURCES (USES) 25,000.00 *** END OF REPORT*** o.oo o.oo 0.00 o. oo 98.70 49.35 o. oo 0.00 0.00 0.00 o.oo o. oo 0.00 0.00 0.00 0.00 0.00 0. 00 0.00 0.00 ___Q_,__QQ 0.00 98.70 7.05 0.00 0.00 0.00 0.00 0. 00 0.00 0. 00 0. 00 ___Q_,__QQ 0.00 0.00 0.00 173,511.17 173,511.17 ___Q_,__Q_Q 173,511.17 173,511.17 0.00 1,974.84 227,736.57 ___Q_,__QQ 1,974.84 227,736.57 0. 00 175,486.01 401,346.44 667.60 ------=======- 175,486.01 401,346.44 667. 60 o. 00 o. 00 ___Q__,_QQ 0.00 o.oo 0. 00 =--=-===------ 0.00 o.oo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. 00 0 .oo 0.00 0.00 0.00 0.00 0.00 ==-=== ... ===---- 0.00 0. 00 0.00 0.00 101. 30 0. 00 0.00 200.00 250.00 750.00 1,301.30 0.00 0.00 0.00 0 .00 173,511.17) 173,511.17) 227,736.57) 227,736.57) 399,946.44) 399,946.44) ==----======== 25,000.00) 25,000.00 6-17-2009 07: 44 AM 42 -4B CORPORATION REVENUE SUMMARY 4B REVENUES *** TOTAL REVENUES *** EXPEND! TURE SUMMARY 76-48 EXPENSES *'"'* TOTAL EXPENDITURES *** ** REVENUES OVER(UNDER) EXPENDITURES ** TOTAL OTHER FINANCING SOURCES (USES) C I T Y O F S A N G E R FINANCIAL STATEMENT CURRENT BUDGET 235,000.00 235,000.00 1,400.00 1,400.00 233,600.00 -25,000.001 o.oo 25,000.00 AS OF: MAY 31ST, 2009 CURRENT PERIOD 25,484.90 25,484.90 175,486.01 175,486.01 150,001.11) 0.00 0.00 o.oo Y-T-D % OF ACTUAL BUDGET 189,455.01 80.62 189,455.01 80.62 401,346.44 401,346.44 667.60 211,891.43) 90. 71- o.oo 0.00 o.oo 0. 00 o.oo 0.00 :a::===---==------===--=-=""'"'""""'= Y-T-D ENCUMB. 0.00 o.oo o.oo o.oo o.oo -====-====---= 0.00 0.00 0.00 PAGE: BUDGET BALANCE 45,544.99 45,544.99 399,946.44) 399,946.44) 445,491.43 25,000.00) 0.00 25,000.00 ==-===-======== 6-17-2009 07: 44 AM 42 -4B CORPORATION 'RE 4B REVENUES 00-4425 STATE SALES TAX 00-4800 INTEREST INCOME 00-4940 DONATIONS 00-4950 TRANSFER PRIOR YEAR INCOME 00-4985 TRANFERS OUT FROM 4B/ TO GF 00-4990 TRANSFERS FROM RESERVES TOTAL 4B REVENUES TOTAL REVENUES C I T Y O F S A N G E R FINANCIAL STATEMENT CURRENT BUDGET 240,000.00 20,000.00 0.00 0.00 0.00 25,000.00) 235,000.00 235,000.00 AS OF: MAY 31ST, 2009 CURRENT PERIOD 24,744.75 740.15 0.00 0.00 0.00 0.00 25,484.90 25,484.90 Y-T-D % OF ACTUAL BUDGET 176,681.71 73. 62 12,773.30 63.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 __Q_,_QQ 189,455.01 80. 62 189,455.01 80. 62 Y-T-D ENCUMB. 0.00 0. 00 o. 00 0.00 0.00 0.00 0.00 0.00 PAGE: 2 BUDGET BALANCE 63,318.29 7,226.70 0 .oo 0.00 0.00 25,000.00) 45,544.99 45,544.99 4.8 DEPOSITS 192£1 2001 I 2002 I 2003 I 2004 I --2005 I 2006 I 2007 I 2008 I 2009 JAN. I $8,083.93! $8,937.431 $10,348.821 $10,188.221 $25,847.621 $13,993.78T $16,264.501 $16,691.41 I $171436.57 I $221880.04 I I FEB. I $91763.371 $11 1840.64 I $14,870.781 $141840.341 $17,485.761 $21i779_91 I $211513.62 I $19,601.101 $221071.09 I $231228. 79 I r MARCH I $10,384.63 I I $81984.181 $91209.151 $121446.361 $131382.91 I $141254.43! $161620.931 $161472.341 $191892.631 $241179.62 I I APRIL I $81416.521 $91517.251 $91195.021 $91202.141 $121224.77 I $14, 1s6. 101 $171198.171 $15I482.ool $181511.54 I $161279.44 I L I MAY 1 $101323.151 $141946.441 $101623.561 $151125.o4 I $201311.37 I $201556.14 I $171428.361 $26z767.83I $221166.33 I $241744.75 I JUNE I $71953.661 $101131.01 I $1 \911.061 $141358.11 I $181276.941 $151585.541 $231063.991 $171172.671 $19,338.741 I JULY I $71642.301 $12z784.18I $101597.47 I $11,370.28 I $161692.36 I $161914.66 I $171896.761 $191127.61 I $20z703.08j I AUGUST I $101854.25 I $17I035.ool $141962.171 $161132.421 $191354.71 I $20,375.581 $241003.15 I $241581.42 I $251288.44 I SEPT. I $71103.501 $111612.08 I $121928.161 $131140.491 $15z725.62I $161977.991 $19z746.74I $26,990.121 $211583.44 I I OCT. I $101136.271 $281586.96 I $131940.44! $111426.721 $16,o84.64T $17I074.51 I -$11 1042.77 I $24,397.631 $21,510.39 NOV. I $11,975.61 I $161166.71 I $14,246.901 $171184.881 $22z700.73I $201661.061 $24,265.79 I $221846.791 $241645.13 :;-'F ~ '::;' _. -..-I ... DEC. I $71860.371 $10,397.061 $101198.241 $121570.11 I $161179.851 $191822.071 $171830.91 I $17,961.611 $19 1213.55 I I JOTAL $110.497.56 $160,938.94 $143,031.77 $157,985.11 $214.267.28 $212,161.77 $226,875.69 $248,092.53 $252.360._93