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05/20/2019-CC-Agenda Packet-Regular
BANGER *TEXAS AGENDA CITY COUNCIL REGULAR MEETING MONDAY, May 20, 2019 7:00 PM 502 ELM STREET SANGER, TEXAS 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Oath of Office and Presentation of Certificate of Election to Marissa Barrett, Place 1, Dennis Dillon, Place 3, and David Clark, Place 5. 3. Commend William "Bill" Boutwell and Lee Allison for their Service as Councilmembers. 4. CITIZEN INPUT: (Citizens are allowed 3 minutes to speak. The City Council is .1cnable to respond or to discuss any issues brought up during this section). 5. CONSENT AGENDA: a) Approval of Minutes 1) City Council Work Session, May 6, 2019. 2) Regular City Council Meeting, May 6, 2019. 6. Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 7. Consider, Discuss and Possibly Approve Ordinance 405-14-19 of the City of Sanger, Texas Authorizing and Ordering the Issuance of General Obligation Refunding Bonds, Series 2019, Authorizing a Pricing Officer to Approve the Amount, the Interest Rates, Price, Redemption Provisions and Terms Thereof and Certain Other Procedures and Provisions Related Thereto and Containing Other Matters Related Thereto. 8. Consider, Discuss, and Possibly Act on Resolution #05-09-19 Recognizing the Necessity of Protecting the Natural Areas (Greenbelts) Adjacent to Creeks and Other Waterways; Adopting the Denton County Greenbelt Plan as a Tool for Preserving Greenbelts; Endorsing the Plan as an Urgent Regional Program for the County, Cities, Towns and Utilities to Help Protect Water Quality in Local Watersheds; and, Expressing the City of Sanger's Intent to Participate in Implementing Strategies that will Protect the Environment, and Safeguard Public Welfare. 9. Conduct a Public Hearing on a Request for Approval of a Variance from the Maximum Letter/Logo Height of 36 Inches; and to Allow for a Maximum Letter/Logo Height of 61 Inches for a Proposed Sign Located at 600 N Stemmons Freeway. 10. Consider, Discuss and Possibly Approve a Request for Approval of a Variance from the Maximum Letter/Logo Height of 36 Inches; And To Allow for a Maximum Letter/Logo Height of 61 Inches for a Proposed Sign Located at 600 N Stemmons Freeway. 11. Conduct a Public Hearing on a Request for Approval of Alternative Exterior Building Material To Allow For The Use of Hardie Board for a Proposed Accessory Building Located at 109 S. 8th Street. 12. Consider, Discuss and Possibly Approve a Request for Approval of Alternative Exterior Building Material To Allow For The Use of Hardie Board for a Proposed Accessory Building Located at 109 S 8th Street. 13. Conduct a Public Hearing Regarding Abandoning Approximately 0.046-Acre of Right - of -Way of Pecan Street Between North 7th and North 8' Street. 14. Consider, Discuss and Possibly Act on Ordinance #05-13-19 Abandoning Approximately 0.046-Acre of Right -of -Way of Pecan Street between North 7th and North 8th Street. 15. INFORMATION ITEMS: a) Monthly Financial Report — March 31, 2019. b) Capital Projects Recap —May 18, 2019. 16. FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a ficture meeting agenda with a consensus of the Council or at the call of the Mayoi). 17. ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times. Said notice was posted on the following date and time and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and sha, Namaill, osted until meeting is adjourned. Cheryl PfJO City Secretary City of Sanger, Texas Posted This facility is wheelchair accessib/6'. rn&ji/ "' *hl�.gbarking spaces are available. Requests for accommodations or interpretive servic91m1(sAAY'i Lade 48 hours prior to this meeting. Please contact the City Secretaty's office at (940) 458-7930 for further information. CITY OF SANGER, TEXAS MINUTES: CITY COUNCIL WORK SESSION May 6, 2019 — 6:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tern Gary Bilyeu; Councilman Bill Boutwell; Councilman Lee Allison; Councilman Allen Chicle; Councilman David Clark. COUNCIL MEMBERS ABSENT: None. The Mayor and all five (5) Council Members were present constituting a quorum. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; Public Works Director Jim Berman; Economic Development Director Shani Bradshaw; Director of Development Services Ramie Hammonds; City Engineer Tracy LaPiene; City Secretary Cheryl Price. 1. Call Meeting to Order. Mayor Muir called the Work Session to order at 6:01 PM on May 6, 2019. 2. Presentation on Pipe Bursting Technology Presented by Director of Public Works Jim Berman. Director of Public Works Jim Berman provided information on pipe bursting technology with a PowerPoint presentation and a video showing the procedure. He noted that this is not new technology, but it may be new to Sanger. Basically, pipe bursting is breaking up an existing pipe and putting another one in its place. The new line is pulled through from one manhole to the other, it comes in several pieces and it is fused together so it is one solid seamless continuous pipe. This procedure will allow us to get into tight areas without ripping up excess infrastructure. With minimal disturbance we will be able to keep traffic flowing. Mr. Berman provided photos and videos of the technology. Mr. Berman noted we would upsize the pipe from six inches (6") to eight inches (8") and it will have a 100-year lifespan. He proposed to use it on our old City clay -tile lines and that they are putting in four new manholes. Alina Ciocan City Manager noted there is an item on the agenda tonight using this technology. There was brief discussion and a few questions regarding details of the procedure. 3. Discussion on Aesthetics Design as it Relates to Upcoming IH-35 Expansion Presented by Director of Development Services Ramie Hammonds. Director of Development Services Ramie Hammonds was recognized. She advised, as everyone knows, we have FM 455 and IH-35 coming through Sanger. TxDOT has indicated that they will stamp our bridges and retaining walls with design. She noted this could put a stamp on Sanger with an idea of the City is about. One of the things TxDOT stressed to them is that we are unique and we would want something that shows that we are Sanger. Per TxDOT, paint and cast concrete are not that expensive and they may be able to absorb the cost into the projects, so this will be at little to possibly no cost to the City. She provided some of the standard generic walls and some examples. She noted some examples from other cities and ideas that staff has come up with to provide ideas. We are on a time crunch and TxDOT will need to know what we want by June. She stated that that staff is bringing this before Council for some direction. What do you see Sanger as, why do people come to Sanger and what do they recognize us for. This is a chance to add some of the character to our City. This is a great opportunity to get this done and make it attractive and unique for Sanger. Director of Economic Development Shani Bradshaw was recognized. Mayor Muir provided his thoughts in that he believed it should be something timeless. Something clean so that no matter how big or small, sophisticated or rural we are that it needs to stand the test of time. He noted that he liked the idea of the circle "S" Stamp, perhaps lighted like UNT's or something along those lines. He noted the mural at the entryway to the City and that there would be several citizens, including the Keep Sanger Beautiful and historical groups that would like to it preserved to some point. He noted they were rebuilding the walkway over the road and that perhaps some of it could be preserved and put in that area. Maybe some conversation of painting/stamping parts of that mural at crosswalk so that some of that history is preserved. Ms. Hammonds noted the intersections FM 455 and IH-35, Keaton, Belz, the crosswalk, would be all a part of this project. She stated we can carry through a design on all of the bridges or have different designs. It was noted that the design would be seen is if the drivers are exiting into or out of Sanger. Director of Development Services, Shani Bradshaw was recognized. She asked who is Sanger, why do people come to Sanger. This is what you need to be thinking of as you are thinking of the designs. She noted that she believes that Sanger is a lake city and that it was a major reason people come to Sanger. The Sanger High School even has a fishing team. She noted that she feels that Sanger should be using this to our advantage. There are quite a few fishing tournaments and the State Parks provide a lot of wildlife. City Manager Alina Ciocan noted that staff is very excited about this. We do have a very narrow window so whatever we decide will be there for the next 20 to 30 years and as such we want to make sure that whatever we choose is not defining us just today but defining us in the years to come. It was noted that the existing mural was done on a State Grant and since they gave it to us in the beginning that they do feel that they owe the City for it, but staff is going to push for that. They have been very open and want the City of Sanger to look nice. They have been working with Tina Massey and if we can get a design to her, they can get it into the project at little or no cost to the City. It was noted that there would also be some sound barriers and those would be key for people traveling IH-35 because they may actually be visible by the people traveling IH-35. There was brief discussion about the different designs presented. It was noted that there is a short time frame and the City needs to get them something by June. It was discussed that they could bring it back to the next City Council meeting or the first meeting in June. This would give Councilmembers some time to think about it. Ms. Hammonds noted that the first of June may be cutting it pretty close but if we need until then we can make it work. 4. Overview of Items on Regular Agenda. No overview was discussed. 5. Adjourn. There being no further business, Mayor Muir adjourned the Work Session at 6:51 PM. CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING May 6, 2019, 7:00 p.m. 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Allen Chick; Councilmember Bill Boutwell; Councilmember Lee Allison; Councilmember David Clark. COUNCIL MEMBERS ABSENT: None. The Mayor and four Council Members were present constituting a quorum. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; Public Works Director Jim Berman; Director of Development Services Ramie Hammonds; City Planner Muzaib Riaz; City Engineer Tracy LaPiene; Shani Bradshaw, Economic Development Director; Cheryl Price, City Secretary. 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the Regular City Council Meeting to order on May 61h, 2019 at 7:02 p.m. Councilmember Allison gave the Invocation and Councilmember Boutwell led the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Mr. Cliff McLeod, 4910 Sanger Circle Drive was recognized. He noted he lived in Denton for forty years and his wife was the special events coordinator for the City of Denton for 30 years. He noted that he can not figure out how why his sewer bill was more than his water bill when it is based on the water usage. Also, he wanted to know why he received a Public Notice regarding a variance request on some duplexes near his home and they were already building them. Mayor Muir noted that the Council could not comment on the Citizens Participation and that staff would contact him regarding the issues he mentioned. 3. CONSENT AGENDA: a) Approval of Minutes 1) City Council Work Session, April 15, 2019. 2) Regular City Council Meeting, April 15, 2019. A motion was made by Councilmember Boutwell to approve the Consent Agenda as presented. The motion was seconded by Councilmember Clark. The motion to approve carried unanimously (5-0). 4. Consider Any Items Removed from Consent Agenda. No items were removed. PROCLAMATIONS Presentation of Items 5 and 6 were switched. 5. (6) Consider, Discuss, Possibly Approve and Present Proclamation #05-02-2019 Proclaiming the Month of May as Motorcycle Awareness Month in the City of Sanger. A motion was made by Mayor Pro Tem Bilyeu to approve and present Proclamation #05- 02-2019 proclaiming the Month of May as Motorcycle Awareness Month in the City of Sanger. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 vote). Mayor Muir read Proclamation #05-02-2019 proclaiming the month of May as Motorcycle Awareness Month in the City of Sanger, urging all residents to do their part to increase safety and awareness in our community. There was no one present at the meeting to accept the proclamation. 6. (5) Consider, Discuss, Possibly Approve and Present Proclamation 905-01-2019 Proclaiming May 61h, 2019 as Children's Mental Health Awareness Day in the City of Sanger. A motion was made by Mayor Pro Tern Bilyeu to approve and present Proclamation #05- 01-2019 proclaiming May 61h, 2019 as Children's Mental Health Awareness Day in the City of Sanger. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 Vote). Mayor Muir read Proclamation #05-01-2019 Proclaiming May 61h, 2019 as Children's Mental Health Awareness Day in the City of Sanger, encouraging all citizens to support these organizations as they promote the mental well-being of children, youth, and families in our community. The presentation of the proclamation was given after; and, in conjunction with Item #7 below. Also present for receipt of the Proclamation were: Pam Gutierrez (Executive Director of Denton County MHMR), Terry Donsbach (Works with the Children's Advocacy Center and is the Leadership Representative from Watch Coalition and Behavioral Health Leadership Team), and Phyliss Finley (Business Development Coordinator for Denton County MHMR). REGULAR AGENDA 7. Presentation for Children's Advocacy Center for Denton County, presented by Troy Hamm, Board Member. Troy Hamm, Children's Advocacy Board Member was recognized and summarized thanked the City for its ongoing support and provided updates and statistics to the Mayor and City Council on the Children's Advocacy Center. Proclamation #05-01-2019 proclaiming May 61h, 2019 as Children's Mental Health Awareness Day in the City of Sanger which was read as Item #6 was presented at this time. 8. Conduct a Public Hearing Regarding a Replat of Lots 1R, and Lot 2R, Block A, L.L. & T. Addition, Being a Replat of Lot 1, Block 1, L.L.&T. Addition, Being 7.026 Acres in the Reuben Bebee Survey A-29, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located North of FM 455 and Approximately 1300 Feet East of the Intersection of Union Hill Road and FM 455. Mayor Muir opened the public hearing at 7:26 PM soliciting any input from citizens in the audience. There being no citizens approaching the podium to speak, the public hearing was closed at 7:27 PM. 9. Consider, Discuss and Act on the Replat of Lots 1R, and Lot 2R, Block A, L.L. & T. Addition, Being a Replat of Lot 1, Block 1, L.L.&T. Addition, Being 7.026 Acres in the Reuben Bebee Survey A-29, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located North of FM 455 and Approximately 1300 Feet East of the Intersection of Union Hill Road and FM 455. Director of Development Services Ramie Hammonds was recognized to summarize. She advised that this is the same plat that staff has seen before. The applicant is also present if there are any questions. There was brief discussion regarding the easement and Ms. Hammonds noted that the easement is remaining untouched as was discussed at the previous presentation of this item. Mayor Pro Tern Bilyeu wanted to note that the easement would provide access all the way to the back half the property to provide for possible future development of the property. The letter received in opposition from the Freemans in the original request has been addressed. City Planner Muzaib Riaz stated that the Freeman's attended the Planning and Zoning Commission meeting and indicated that their concerns have been satisfied. A motion was made by Mayor Pro Tern Bilyeu to approve the replat of Lots 1R, and Lot 2R, Block A, L.L. & T. Addition, being a replat of Lot 1, Block 1, L.L.&T. Addition, being 7.026 acres in the Reuben Bebee Survey A-29, and being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, generally located north of FM 455 and approximately 1300 feet East of the intersection of Union Hill Road and FM 455. The motion to approve was seconded by Councilmember Boutwell. The motion carried unanimously (5-0 vote) 10. Consider, Discuss and Possibly Act on a Contract with NO-DIGTEC, LLC on a Potential Sewer Replacement Project Along Peach Street at a Cost of $188,819.42 and Authorize Director of Public Works to Execute Agreement. Public Works Director, Jim Berman was recognized to present the item. He noted this technique was presented at the work session and the request will replace the sewer line along Peach Street from 1 Oth Street to 5th Street. It has been determined that we should take a proactive approach to replace and upsize this line. They propose to use NO-DIGTEC and the TIPS Program to perform a pipe -bursting project along Peach Street to upsize the pipe from six-inch (6") clay tile to eight -inch PVC line and install four new manholes. He provided a rendering of the proposed work and noted that he requested a 2% Maintenance bond on the project since this was the first project they are doing in Sanger. City Manager Alina Ciocan noted that the funding for this project will be from the CIP Enterprise Funds. Mayor Pro Tem Bilyeu asked when he anticipated doing this project. Public Work Director Jim Berman noted it would be in June and it should take about three weeks. It was noted that school would be out so it would be a good time to get it done. It was also noted that residents would be notified by doorhangers and various other ways, such as website, news releases and social media, etc. There was brief general discussion on the time and logistics of the project. A motion was made by Councilmember Boutwell to approve the contract with NO- DIGTEC, LLC on a potential sewer replacement project along Peach Street at a cost of $188,819.42 and authorize Director of Public Works to execute agreement. The motion was seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (5-0 vote). 11. Consider, Discuss and Possibly Act on Resolution No. 05-08-19 of the City of Sanger Texas authorizing signatures for banking services on behalf of the City of Sanger Texas; providing for an Effective Date. This is the final step on the banking services. City Manager Alina Ciocan noted that with this contract, the bank is updating their files and needs to have new signature cards. A motion was made by Mayor Pro Tem Bilyeu to approve Resolution No. 05-08-19 of the City of Sanger Texas authorizing signatures for banking services on behalf of the City of Sanger Texas; providing for an effective date. the motion was seconded by Councilmember Clark. The motion to approve carried unanimously (5-0 vote). 12. Consider, Discuss and Possibly Act on Resolution No. 05-07-19 of the City Council of the City of Sanger, Texas, Ratifying a Contract for the Emergency Repair of Water Well; Making Findings Exempting Such Contract From the Requirements of Competitive Bidding, and Providing an Effective Date. Public Works Director Jim Berman was recognized. He noted that the city experienced a major water well failure in 2019 and it was necessary to preserve the public heal, safety and welfare due to unforeseen damages to the city's water well #8. It was necessary to get a contractor in and pull the pump and motor and replace it. It was out of warranty. It was the same contractors who did well #9 did well #8 and we have not had any problems with well #9. There have been some modifications to the depth of the well and to try to keep sand out of the system. We got it back up and running and it ran for about a month and it burned up again, but was under warranty and was replaced under that warranty. Basically this request was an emergency, we made the repair and we have to come back with a Resolution ratifying it as an emergency because we had to spend over $50,000. The actual cost was $52,716.25. There was brief discussion as to what may be causing the problems. Public Works Direct Jim Berman noted that the monies to fund this project were pulled from the Acker Water Tower painting project. Mayor Pro Tem Bilyeu noted concern that they have been talking about painting the water tower since he has been on the Council and noted his concern regarding maintenance of the water tower. A motion was made by Councilmember Boutwell to approve Resolution No. 05-07-19 of the City Council of the City of Sanger, Texas, ratifying a contract for the emergency repair of water well; making findings exempting such contract from the requirements of competitive bidding, and providing an effective date. The motion was seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (5-0 vote). 13. Consider, Discuss and Possibly Act on Authorization to Utilize the Interlocal Purchasing Agreement With the City of Grand Prairie for Contract for Services with Reynolds Asphalt & Construction Company for Street Reconstruction of llth Street from Elm to Hughes, 12t" Street from Elm to Bolivar, 13th Street from Bolivar to Hughes, and Hughes from loth Street to the Service Road at an Amount Not to Exceed $120,000. Public Works Director Jim Berman was recognized and noted there was a work session with Council in January where he summarized the benefits of the Master Interlocal Agreement with Grand Prairie. This is one of the projects that was being discussed at that time. Staff proposes to move forward with Reynolds Asphalt. He noted that the cost estimates add up to $106,249.20; and, that there may be a few unknowns that are not included and noted that he does not intend to spend more than $120,000. He noted they are going to make the road as wide as they can in the City's right-of-way platform. There was discussion as to how they were going to reconstruct the roads. They are planning on milling them up and use either lime or cement stabilization which will be based on the PH of the soil and they will then be over -laid with two inches of asphalt. It was noted this project is also projected to start in June and it should be done before school starts. It was noted that all of the homeowners would be notified with door knockers. It will also be put on the social media and on the website. A motion was made by Mayor Pro Tem Bilyeu to authorize utilizing the Interlocal Purchasing Agreement with the City of Grand Prairie for contract for services with Reynolds Asphalt & Construction Company for street reconstruction of llth Street from Elm to Hughes, 121h Street from Elm to Bolivar, 13th Street from Bolivar to Hughes, and Hughes from 10th Street to the Service Road at an Amount Not to Exceed $120,000. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 vote). 14. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: - Section 551.074 — Personnel Matters (City Manager Annual Performance Review) Mayor Muir read the Item #14 and convened into Executive Session at 7:54 PM. 15. RECONVENE: OPEN MEETING Any Action Taken. Mayor Muir reconvened calling the City Council Meeting back into regular session at 9:23 PM. A motion was made by Mayor Pro Tem Bilyeu to approve amending the City Manager's contract as discussed in the Executive Session. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 vote). 16. INFORMATION ITEMS: a) Disbursements for April 2019. 17. FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor). Councilmember Chick noted that he would like to what the status is on the strategy plan since it is getting to be mid -year. Mayor Pro Tem Bilyeu — Downtown Development and Code Enforcement. 18. ADJOURN. There being no further discussion, Mayor Muir adjourned the meeting at 9:27 p.m. BANGER COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance N Yes ❑ Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal N Yes ❑ Not Applicable Council Meeting Date: Submitted By: May 20, 2019 Alina Ciocan, City Manager City Manager Reviewed/Approval Initials fic- Date ACTION REQUESTED: N ORDINANCE # 05-14-19 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Approve Ordinance #05-14-19 of the City of Sanger, Texas Authorizing and Ordering the Issuance of General Obligation Refunding Bonds, Series 2019, Authorizing a Pricing Officer to Approve the Amount, the Interest Rates, Price, Redemption Provisions and Terms Thereof and Certain Other Procedures and Provisions Related Thereto and Containing Other Matters Related Thereto. FINANCIAL SUMMARY NN/A ❑GRANT FUNDS []OPERATING EXPENSE [_]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Series 2009 bonds are callable beginning August 1". Interests are very low right now and the proposed refunding will result in net PV savings of approximately $104,000. The City's Financial Advisor will provide an updated summary of refunding results at the meeting. STAFF OPTIONS & RECOMMENDATION Staff recommens approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Timeline • Certificate of Ordinance 0 Ordinance # 05-14-19 BANGER 'TEXAS General Obligation Refunding Bonds, Series 2019 Su M Tu W Th F Sa 1121314 5 6; 7 j 8 1 9 110111 12113114115116117118 19;20121�22!23124125 26127128129!30131il Su M Tu W Th F Sa 1 213 415161718 9110Ill j12113114115 16117118119120121122 23124125126127128129 301 Su M Tu W Th F Sa 1 2 3!4 516 7 1 8 9 10 11112113 14115116,17 18119120 21122123 24 25 26'27 2829130 31 5_7-2(119 Su M Tu W Th F Sa '1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Date 17 Activity First draft of POS due Responsibility UWC -May 23 S&P rating call FA,Cit ,RA -May May 20 City Council authorizes resolution delegating sale to Mayor and City Manage as Pricing Officers FA,City,BC June 4 Comments due on first draft of POS All June 7 S&P rating released RA June 10 Revised draft of POS circulated UWC June 17 Comments due on revised draft of POS All June 20 POS circulated UWC June 27 Price Bonds & Pricing Officer signs BPA All June 28 Notice given to Series 2009 bond holders BC June 28 Distribute initial draft of Official Statement UW July 5 Print Official Statement All July 23 First draft of Funding Memorandum Circulated FA July 30 Final Funding Memorandum Circulated FA [August 1 Series 2009 Bonds Callable & Planned Funding Date All Legend: City City of Sanger FA Government Capital Securities Corporation BC Orrick, Herrington & Sutcliff LLP UW Oppenheimer UWC Naman Howell Smith & Lee PLLC RA Standard & Poor's Issuer Financial Advisor Bond Counsel Underwriter Underwriters Counsel Rating Agency CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF SANGER § I, the undersigned officer of the City of Sanger, Texas (the "City"), hereby certifies as follows: 1. The City Council of the City convened in a regular meeting on May 20, 2019, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council, to wit: Thomas Muir Mayor Marissa Barrett Councilmember, Place 1 Gary Bilyeu Councilmember, Place 2 Dennis Dillon Councilmember, Place 3 Allen Chick Councilmember, Place 4 David Clark Councilmember, Place 5 and all of such persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written AN ORDINANCE OF THE CITY OF SANGER, TEXAS AUTHORIZING AND ORDERING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2019; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATES, PRICE, REDEMPTION PROVISIONS AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AND CONTAINING OTHER MATTERS RELATED THERETO (the "Ordinance") was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be adopted on first reading; and, after due discussion, such motion, carrying with it the adoption of the Ordinance, prevailed and carried by the following vote: AYES: NAYS: ABSTENTIONS: 2. That a true, full and correct copy of the Ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Ordinance has been duly recorded in the City Council's minutes of such meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of such meeting pertaining to the adoption of the Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the 4124-34714908.1 City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that the Ordinance would be introduced and considered for adoption at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting for such purpose; that such meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of such meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code. SIGNED AND SEALED this May 20, 2019. City Secretary CITY OF SANGER, TEXAS (SEAL) 2 4124-3471-4908.1 ORDINANCE #05-14-19 AN ORDINANCE OF THE CITY OF SANGER, TEXAS AUTHORIZING AND ORDERING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2019; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATES, PRICE, REDEMPTION PROVISIONS AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AND CONTAINING OTHER MATTERS RELATED THERETO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: ARTICLE I. FINDINGS AND DETERMINATIONS Section 1.L: Findings and Determinations. The City Council hereby officially finds and determines that: (a) The City of Sanger, Texas (the "City"), acting through its City Council, has heretofore issued, assumed or undertaken and there remain outstanding certain obligations described in Exhibit C attached hereto (hereinafter defined as the "Refundable Obligations"). (b) The City is authorized by Chapter 1207, Texas Government Code, as amended, to issue refunding bonds for the purpose of refunding all or a portion of the Refundable Obligations (hereinafter defined as the "Refunded Obligations"). (c) The City desires to refund the Refunded Obligations in advance of their maturities, which will benefit the City by reducing total net present value debt service. (d) The City is authorized by Chapter 1207, Texas Government Code, as amended, to accomplish such refunding by depositing directly with a trust company or commercial bank that does not serve as a depository for the City or with any place of payment for the Refunded Obligations, proceeds from the sale of such refunding bonds, together with any other available funds, in an amount sufficient to provide for the payment or redemption of the Refunded Obligations, and pursuant to such chapter such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Obligations; (e) The City desires, as authorized in Chapter 1207, Texas Government Code, as amended, to directly deposit a portion of the proceeds of the refunding bonds herein authorized, together with any other available funds, with the paying agent/registrar for the Refunded Obligations in a manner sufficient to provide for 4124-34714908.1 the full and timely payment of all principal of, premium, if any, and interest on certain of the Refunded Obligations; and (f) The City desires to enter into an escrow agreement with UMB Bank, N.A., Austin, Texas, as escrow agent (the "Escrow Agent"), as authorized in Chapter 1207, Texas Government Code, as amended, pursuant to which a portion of the proceeds of the refunding bonds herein authorized, and other legally available funds of the City, if any, will be deposited, invested and applied in a manner independently certified and verified to be sufficient to provide for the full and timely payment of all principal of, premium, if any, and interest on certain of the Refunded Obligations. (g) The City desires to authorize the purchase of certain direct obligations of the United States of America with a portion of the proceeds of the refunding bonds herein authorized for deposit into the escrow fund created pursuant to such escrow agreement. (h) Upon the issuance of the refunding bonds herein authorized and the deposits referenced above, the Refunded Obligations shall no longer be regarded as being outstanding, and the pledges, liens, trusts and all other covenants, provisions, terms and conditions of the ordinances authorizing the issuance of the Refunded Obligations shall be, with respect to the Refunded Obligations, discharged, terminated and defeased; and (i) It is hereby found and determined that the refunding must result in a net present value savings of at least three percent (3.0%) of the Refunded Obligations, and that such benefit is sufficient consideration and constitutes the public purpose for the issuance of the Bonds (as herein defined) and the refunding of the Refunded Obligations, and such refunding is in the best interests of the City; and (j) Pursuant to Section 1207.007, Texas Government Code, as amended, the City wishes to authorize the Pricing Officers herein designated to act on behalf of the City as herein provided; and (k) The City Council is of the opinion and hereby affirmatively finds that it is in the best interest of the City to issue the bonds in the amounts and for the purposes herein stated. ARTICLE II. DEFINITIONS AND INTERPRETATIONS Section 2.1.: Definitions. As used herein, the following terms shall have the meanings specified, unless the context clearly indicates otherwise: "Act" shall mean Chapter 1207, Texas Government Code, as amended. "Attorney General" shall mean the Attorney General of the State of Texas. 2 4124-3471-4908.1 "Bond" or "Bonds" shall mean any or all of the City of Sanger, Texas, General Obligation Refunding Bonds, Series 2019, authorized by this Ordinance. The term "Bond Purchase Agreement" shall mean the agreement between the City and the Underwriter providing for the sale of Bonds at such price, with and subject to such terms as determined by a Pricing Officer pursuant to Section 7.1 of this Ordinance. "City" shall mean the City of Sanger, Texas and, where appropriate, its City Council. "City Council" shall mean the governing body of the City. "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. "DTC" shall mean The Depository Trust Company, New York, New York, or any successor securities depository. "DTC Participant" shall mean brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. "Debt Service Fund" shall mean the General Obligation Refunding Bonds, Series 2019 Debt Service Fund established by the City pursuant to Section 5.2 hereof. "Escrow Agent" shall mean UMB Bank, N.A., Austin, Texas, and its successors in that capacity. "Escrow Agreement" shall mean the agreement between the City and the Escrow Agent relating to the deposit of funds to pay certain Refunded Obligations. "Fiscal Year" shall mean the City's then designated fiscal year, which currently is the twelve-month period beginning on the first day of October of a calendar year and ending on the last day of September of the next succeeding calendar year and each such period may be designated with the number of the calendar year in which such period ends. "Interest Payment Date," when used in connection with any Bond, shall mean [December 1, 2019], and each [June 1 and December 1] thereafter until maturity or earlier redemption of such Bond. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Ordinance" shall mean this Ordinance and all amendments hereof and supplements hereto. "Outstanding," when used with reference to the Bonds, shall mean, as of a particular date, all Bonds theretofore and thereupon delivered pursuant to this Ordinance except: (a) any Bonds canceled by or on behalf of the City at or before such date; (b) any Bonds defeased pursuant to the defeasance provisions of this Ordinance or otherwise defeased as permitted by applicable 3 4124-3471-4908. I law; and (c) any Bonds in lieu of or in substitution for which a replacement Bond shall have been delivered pursuant to this Ordinance. "Owner" shall have the meaning set forth under the definition of "Registered Owner." "Paying Agent/Registrar" shall mean UMB BANK, N.A., Austin, Texas, and its successors in that capacity. "Paying Agent/Registrar Agreement" shall mean the agreement between the City and the Paying Agent/Registrar setting forth the duties and obligations of the Paying Agent/Registrar with respect to the Bonds. "Pricing Officer" shall mean one or more of the following: the Mayor or the City Manager. "Pricing Officer's Certificate of Sale" shall mean the certificate of the Pricing Officer provided in accordance with Section 7.1 of this Ordinance. "Record Date" shall mean the close of business on the last business day of the month next preceding the applicable Interest Payment Date. "Refundable Obligations" shall mean those bonds identified in Exhibit C hereto that are Outstanding on the date of execution of the Bond Purchase Agreement by a Pricing Officer. "Refunded Obligations" shall mean one or more Refundable Obligations selected in accordance with Section 7.1 of this Ordinance, which are deemed to be paid, retired and no longer outstanding as a result of the deposit of the proceeds of the Bonds, together with other available funds of the City, if any, in an amount sufficient to defease such Refunded Obligations, as authorized by Chapter 1207 and the ordinances authorizing the Refunded Obligations. "Register" shall mean the registration books for the Bonds kept by the Paying Agent/Registrar in which are maintained the names and addresses of, and the principal amounts registered to, each Registered Owner of Bonds. "Registered Owner" or "Owner" shall mean the person or entity in whose name any Bond is registered in the Register. "Report" shall mean the verification report prepared by Grant Thornton LLP, Certified Public Accountants, verifying the accuracy of certain mathematical computations relating to the Bonds and the refunding of certain Refunded Obligations. "Underwriter" shall have the meaning given to such term in Section 7.1 hereof. Section 2.2.: Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all the terns and provisions 4 4124-3471-4908.1 hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds and the validity of the levy of ad valorem taxes to pay the principal of and interest on the Bonds. ARTICLE III. TERMS OF THE BONDS Section 3.1.: Amount, Purpose and Authorization. (a) The Bonds shall be issued in fully registered form, without coupons, under and pursuant to the authority of the Act in the total authorized aggregate principal amount not to exceed TWO MILLION DOLLARS ($2,000,000) for the purpose of refunding the Refunded Obligations and paying the costs of issuing the Bonds and refunding the Refunded Obligations. The Bonds are issued pursuant to Chapter 1207, Texas Government Code, as amended, and all other applicable law. (b) The principal amount of the Bonds shall be established by a Pricing Officer in an amount necessary to provide funds sufficient to refund the Refunded Obligations and pay the costs associated with the refunding of the Refunded Obligations and the issuance of the Bonds; provided, however, that the following conditions shall be met for the issuance of the Bonds: in establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establish the principal amount of the Bonds in an aggregate principal amount not to exceed the amount authorized in subsection (a) of this Section, which amount shall be sufficient to provide for the defeasance of the Refunded Obligations (as determined by the Pricing Officer) and which results in (i) net present value savings of at least three percent (3.0%) of the Refunded Obligations; and (ii) none of the Bonds bears interest at a rate greater than the maximum rate allowed by Chapter 1204, Texas Government Code, as amended. (c) In exercising the authority granted to the Pricing Officer to sell Bonds for the purpose of refunding the Refunded Obligations, such Pricing Officer, acting severally and individually, may exercise any authority granted under Chapter 1207, Texas Government Code (as in effect on the date the Pricing Officer executes the Bond Purchase Agreement), including, without limitation, (i) the selection of the particular maturities and principal amounts of the Refundable Obligations to be refunded (including the execution and delivery of any notices of redemption required in connection therewith) and (ii) establishing the terms and details related to the issuance and sale of the Bonds. (d) A Pricing Officer, acting severally and individually, is hereby authorized to act for and on behalf of the City in connection with the issuance and sale of the Bonds. In that capacity, the Pricing Officer, acting for and on behalf of the City, shall determine (a) the date for issuance and sale of the Bonds and (b) subject to the limitations of Section 3.1, the aggregate principal amount and the principal amortization schedule for the Bonds, the rate or rates of interest to be borne by the Bonds, the price of the Bonds (which shall be not less than ninety-five percent (95%) of the par amount of the Bonds, plus any accrued interest thereon), the dates on which such interest shall be payable, the terms, if any, on which the Bonds shall be subject to optional and mandatory redemption and other terms and conditions relating to the issuance, sale and delivery of the Bonds including the determination to utilize or not utilize municipal bond insurance, all as shall be set forth in the Pricing Officer's Certificate; provided, that at the time of 5 4124-3471-4908.1 issuance of the Bonds, the Pricing Officer, on behalf of the City, shall deliver a written certificate (i) stating that the parameters set forth in Section 3.1(b) have been satisfied (including a statement as to the present value savings as a percent of the Refunded Obligations), (ii) identifying the Refunded Obligations and setting forth the terms and details for the redemption prior to maturity (if applicable) of the Refunded Obligations and (iii) setting forth the amount of proceeds of the Bonds to be deposited with the paying agent for the Refunded Obligations. Section 3.2.: Designation, Date and Payment Date. The Bonds shall be designated as the "City of Sanger, Texas, General Obligation Refunding Bonds, Series 2019." Interest on the Bonds shall be payable on each Interest Payment Date until maturity or prior redemption. The Bonds shall be dated and bear interest at the fixed rate or rates of interest per annum (which interest rate shall not exceed the Maximum Rate), calculated on the basis of a 360-day year composed of twelve 30-day months, determined in accordance with the procedures for the sale of the Bonds set forth in Section 7.1 of this Ordinance. The Bonds shall mature and become payable on the dates and in each of the years and amounts (either through serial maturities or mandatory redemptions of term bonds) as determined by a Pricing Officer pursuant to Section 7.1 of this Ordinance; provided that no Bond shall mature more than forty (40) years after the dated date thereof. Section 3.3.: Number, Denomination, Interest Rate and Maturity. (a) The Bonds shall be initially issued bearing the numbers, in the principal amounts and bearing interest at the rates and maturity dates as set forth in the Pricing Officer's Certificate of Sale and may be transferred and exchanged as set out in this Ordinance. Bonds delivered in transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Paying Agent/Registrar, shall be in the denomination of $5,000 or integral multiples thereof and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Section 3.4.: Redemption Prior to Maturity. (a) The Bonds shall be subject to redemption prior to maturity on such dates, at such prices and in such amounts as shall be provided in the Pricing Officer's Certificate of Sale and upon the terms and conditions set forth in Exhibit A to this Ordinance. (b) Bonds may be redeemed in part only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, each Bond shall be treated as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. Upon presentation and surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with the provisions of this Ordinance, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. (c) Notice of any redemption, identifying the Bonds or portions thereof to be redeemed, shall be sent by United States mail, first class, postage prepaid, to the Registered Owners thereof at their addresses as shown on the Register, not less than thirty (30) days before the date fixed for such redemption. By the date fixed for redemption, due provision shall be 6 4124-34714908.1 made with the Paying Agent/Registrar for the payment of the redemption price of the Bonds called for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being Outstanding except for the purpose of being paid with the funds so provided for such payment. Section 3.5.: Manner of Payment, Characteristics, Execution and Authentication. The Paying Agent/Registrar is hereby appointed the paying agent for the Bonds. The Bonds shall be payable, shall have the characteristics and shall be executed, sealed, registered and authenticated, all as provided and in the manner indicated in the FORM OF BOND set forth in Article IV of and Exhibit A to this Ordinance. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of the Bonds or before the delivery of the Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. The approving legal opinion of Orrick, Herrington & Sutcliffe LLP, Houston, Texas, Bond Counsel, may be printed on the back of the Bonds over the certification of the City Secretary, which may be executed in facsimile. CUSIP numbers also may be printed on the Bonds, but errors or omissions in the printing of either the opinion or the numbers shall have no effect on the validity of the Bonds. Section 3.6.: Authentication. Except for the Bond to be initially issued, which need not be authenticated by the Paying Agent/Registrar, only such Bonds as shall bear thereon a certificate of authentication, substantially in the form provided in Article IV of and Exhibit A to this Ordinance, manually executed by an authorized representative of the Paying Agent/Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bond so authenticated was delivered by the Paying Agent/Registrar hereunder. Section 3.7.: Ownership. The City, the Paying Agent/Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and interest thereon and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Registered Owner of any Bond in accordance with this Section shall be valid and effective and shall discharge the liability of the City and the Paying Agent/Registrar upon such Bond to the extent of the sums paid. Section 3.8.: Registration, Transfer and Exchange. The Paying Agent/Registrar is hereby appointed the registrar for the Bonds. So long as any Bond remains Outstanding, the Paying Agent/Registrar shall keep the Register at its office in Houston, Texas, in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of the Bonds in accordance with the terms of this Ordinance. 7 4124-3471-4908.1 Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Paying Agent/Registrar, accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form satisfactory to the Paying Agent/Registrar. Upon due presentation of any Bond for transfer, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor, within seventy-two (72) hours after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented and surrendered. All Bonds shall be exchangeable upon the presentation and surrender thereof at the principal corporate trust office of the Paying Agent/Registrar for a Bond or Bonds, in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Paying Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section. Each Bond delivered by the Paying Agent/Registrar in accordance with this Section shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. All Bonds issued in transfer or exchange shall be delivered to the Registered Owners thereof at the principal corporate trust office of the Paying Agent/Registrar or sent by United States mail, first class, postage prepaid. The City or the Paying Agent/Registrar may require the Registered Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the City. Section 3.9.: Book -Entry Only S sue. (a) The definitive Bonds shall be initially issued in the form of a single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of DTC, and except as provided in subsection (b) hereof, all of the Outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (b) the delivery to any DTC Participant or any other person, other than a Bondholder, as shown on the Register, of any notice with respect to the Bonds, or (c) the payment to any DTC Participant or any other person, other than a Bondholder, as shown in the Register, of any amount with respect to principal of Bonds, premium, if any, or interest on the Bonds. E INIZIN INEL'IIME Except as provided in subsection (c) of this Section, the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on Bonds, for the purpose of giving notices of redemption, if any, and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of Bonds only to or upon the order of the respective owners, as shown in the Register as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an owner shall receive a Bond evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. (b) Payments and Notices to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, as long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on the Bonds, and all notices with respect to such Bonds shall be made and given, respectively, in the manner provided in the representation letter of the City to DTC. (c) Successor Securities Depository; Transfer Outside Book -Entry System. In the event that the City or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the City to DTC, and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City or the Paying Agent/Registrar shall (a) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (b) notify DTC of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 3.10.: Replacement Bonds. Upon the presentation and surrender to the Paying Agent/Registrar of a damaged or mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Bond, of the same maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Paying Agent/Registrar may require the Registered Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Paying Agent/Registrar and the City. If any Bond is lost, apparently destroyed or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and ordinances of the City, and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute, and the 9 4124-3471-4908.1 Paying Agent/Registrar shall authenticate and deliver, a replacement Bond of the same maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the Registered Owner thereof shall have: (a) furnished to the City and the Paying Agent/Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (b) furnished such security or indemnity as may be required by the Paying Agent/Registrar and the City to save and hold them harmless; (c) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that may be imposed; and (d) met any other reasonable requirements of the City and the Paying Agent/Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Paying Agent/Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Paying Agent/Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. Section 3.11.: Cancellation. All Bonds paid in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be canceled and destroyed upon the making of proper records regarding such payment. The Paying Agent/Registrar shall periodically furnish the City with certificates of destruction of such Bonds. ARTICLE IV. FORM OF BONDS The Bonds, including the Form of Comptroller's Registration Certificate, Form of Paying Agent/Registrar Authentication Certificate, Form of Assignment and Form of Statement of Insurance, if any, shall be in substantially the form shown in Exhibit A, with such omissions, insertions and variations as may be necessary or desirable and not prohibited by this Ordinance. 10 4124-3471-4908.1 ARTICLE V. SECURITY FOR THE BONDS Section 5.L: Pledge and Levy of Taxes. (a) To provide for the payment of principal of and interest on the Bonds, there is hereby levied, within the limits prescribed by law, for the current year and each succeeding year thereafter, while the Bonds or any part of the principal thereof and the interest thereon remain outstanding and unpaid, an ad valorem tax upon all taxable property within the City sufficient to pay the interest on the Bonds and to create and provide a sinking fund of not less than 2% of the principal amount of the Bonds or not less than the principal payable out of such tax, whichever is greater, with full allowance being made for tax delinquencies and the costs of tax collection, and such taxes, when collected, shall be applied to the payment of principal of and interest on the Bonds by deposit to the Debt Service Fund and to no other purpose. (b) The City hereby declares its purpose and intent to provide and levy a tax legally sufficient to pay the principal of and interest on the Bonds, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax. As long as any Bonds remain outstanding, all moneys on deposit in, or credited to, the Debt Service Fund shall be secured by a pledge of security, as provided by law for cities in the State of Texas. (c) To pay the interest coming due on the Bonds prior to receipt of the taxes levied to pay such interest, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such interest, and such amount shall be used for no other purpose. Section 5.2.: Debt Service Fund. The General Obligation Refunding Bonds, Series 2019 Debt Service Fund (the "Debt Service Fund") is hereby created as a special fund solely for the benefit of the Bonds. The City shall establish and maintain such fund at an official City depository and shall keep such fund separate and apart from all other funds and accounts of the City. Any amount on deposit in the Debt Service Fund shall be maintained by the City in trust for the Registered Owners of the Bonds. Such amount, plus any other amounts deposited by the City into such fund and any and all investment earnings on amounts on deposit in such fund, shall be used only to pay the principal of, premium, if any, and interest on the Bonds. Section 5.3.: Further Proceedings. After the Bonds to be initially issued have been executed, it shall be the duty of the Mayor to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General for examination and approval. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller for registration. Upon registration of the Bonds to be initially issued, the Comptroller (or a deputy lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's registration certificate prescribed herein to be affixed or attached to the Bonds to be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. 11 4124-34714908.1 ARTICLE VI. CONCERNING THE PAYING AGENUREGISTRAR Section 6.1.: Acceptance. UMB BANK, N.A., Austin, Texas, is hereby appointed as the initial Paying Agent/Registrar for the Bonds pursuant to the terms and provisions of the Paying Agent/Registrar Agreement by and between the City and the Paying Agent/Registrar. The Paying Agent/Registrar Agreement shall be substantially in the form attached hereto as Exhibit B, the terms and provisions of which are hereby approved, and the Mayor is hereby authorized to execute and deliver such Paying Agent/Registrar Agreement on behalf of the City in multiple counterparts and the City Secretary is hereby authorized to attest thereto and affix the City's seal. Such initial Paying Agent/Registrar and any successor Paying Agent/Registrar, by undertaking the performance of the duties of the Paying Agent/Registrar hereunder, and in consideration of the payment of any fees pursuant to the terms of any contract between the Paying Agent/Registrar and the City and/or the deposits of money pursuant to this Ordinance, shall be deemed to accept and agree to abide by the terms of this Ordinance. Section 6.2.: Trust Funds. All money transferred to the Paying Agent/Registrar in its capacity as Paying Agent/Registrar for the Bonds under this Ordinance (except any sums representing Paying Agent/Registrar's fees) shall be held in trust for the benefit of the City, shall be the property of the City and shall be disbursed in accordance with this Ordinance. Section 6.3.: Bonds Presented. Subject to the provisions of Section 6.4, all matured Bonds presented to the Paying Agent/Registrar for payment shall be paid without the necessity of further instructions from the City. Such Bonds shall be canceled as provided herein. Section 6.4.: Unclaimed Funds Held by the Paying A end ig stray. Funds held by the Paying Agent/Registrar that represent principal of and interest on the Bonds remaining unclaimed by the Registered Owner thereof after the expiration of three years from the date such funds have become due and payable (a) shall be reported and disposed of by the Paying Agent/Registrar in accordance with the provisions of Title 6 of the Texas Property Code, as amended, to the extent such provisions are applicable to such funds, or (b) to the extent such provisions do not apply to the funds, such funds shall be paid by the Paying Agent/Registrar to the City upon receipt by the Paying Agent/Registrar of a written request therefor from the City. The Paying Agent/Registrar shall have no liability to the Registered Owners of the Bonds by virtue of actions taken in compliance with this Section. Section 6.5.: Paying Agent/Registrar May Own Bonds. The Paying Agent/Registrar in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent/Registrar. Section 6.6.: Successor Pang Agents/Registrars. The City covenants that at all times while any Bonds are Outstanding it will provide a legally qualified bank, trust company, financial institution or other agency to act as Paying Agent/Registrar for the Bonds. The City reserves the right to change the Paying Agent/Registrar for the Bonds on not less than sixty (60) days' written notice to the Paying Agent/Registrar, as long as any such notice is effective not less 12 4124-34714908.1 than 60 days prior to the payment date for the Bonds. Promptly upon the appointment of any successor Paying Agent/Registrar, the previous Paying Agent/Registrar shall deliver the Register or a copy thereof to the new Paying Agent/Registrar, and the new Paying Agent/Registrar shall notify each Registered Owner, by United States mail, first class, postage prepaid, of such change and of the address of the new Paying Agent/Registrar. Each Paying Agent/Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Ordinance. ARTICLE VII. PROVISIONS CONCERNING SALE AND DELIVERY OF BONDS; Section 7.L: Sale and Delivery of Bonds; Insurance. A Pricing Officer, acting severally and individually, is authorized to designate the senior managing underwriter for the Bonds and such additional underwriters as he deems appropriate to assure that the Bonds are sold on the most advantageous terms to the City; and, a Pricing Officer, acting severally and individually, for and on behalf of the City, is authorized to execute and deliver the Bond Purchase Agreement providing for the sale of Bonds at such price, with and subject to such terms as determined by the Pricing Officer pursuant to this Section. Such Bond Purchase Agreement shall be substantially in the form and substance previously approved by the City Council in connection with the authorization of general obligation bonds with such changes as are acceptable to the Pricing Officer. In the event the Bond Purchase Agreement shall not be executed on or before 5:00 p.m. on May 20, 2019, the delegation to the Pricing Officer pursuant to this Ordinance shall cease to be effective unless the City shall act to extend such delegation. The obligation of the Underwriter to accept delivery of the Bonds shall be subject to the Underwriter being furnished with the final, approving opinion of Orrick, Herrington & Sutcliffe LLP, Houston, Texas, Bond Counsel for the City, which opinion shall be dated as of and delivered on the date of delivery of the Bonds to the Underwriter. The engagement of such firm as Bond Counsel for the City in connection with the issuance, sale and delivery of the Bonds is hereby approved, ratified and confirmed. The City hereby acknowledges that the sale of the Bonds pursuant to the Bond Purchase Agreement may be contingent upon the issuance of a policy of municipal bond insurance. The Pricing Officer is authorized to apply for and pay any costs associated with one or more municipal bond insurance policies to guarantee the payment of the principal of and interest on the Bonds, which guarantee or insurance shall be specified in the Pricing Officer's Certificate of Sale; and, any acts of any Pricing Officer relating to applications for any such insurance are hereby authorized, approved, ratified and confirmed. The Pricing Officer's Certificate of Sale may contain provisions related to such bond insurance policies, if any, including payment provisions thereunder, and the rights of the bond insurer(s), and any such provisions shall be read and interpreted as an integral part of this Ordinance. The appropriate officials and representatives of the City are hereby authorized and directed to execute such commitments, agreements (including reimbursement agreements), certificates and other documents and to do any and all things necessary or desirable to obtain any such insurance, and the printing on the Bonds of an appropriate legend or statement regarding such guarantee or insurance, as provided by the a bond insurer for the Bonds, is hereby approved. 13 4124-3471-4908.1 Section 7.2.: Approval, Registration and Delivery. The Mayor is hereby authorized to have control and custody of the Bonds and all necessary records and proceedings pertaining thereto pending their delivery, and the Mayor and other officers and employees of the City are hereby authorized and directed to make such certifications and to execute such instruments as may be necessary to accomplish the delivery of the Bonds and to assure the investigation, examination and approval thereof by the Attorney General and the registration of the initial Bonds by the Comptroller. Upon registration of the Bonds, the Comptroller (or the Comptroller's certificates cleric or an assistant certificates clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificates prescribed herein to be attached or affixed to each Bond initially delivered and the seal of the Comptroller shall be impressed or printed or lithographed thereon. Section 7.3.: Offering Documents; Ratings. A Pricing Officer, acting severally and individually, is authorized and directed to provide for and oversee the preparation of a preliminary and final official statement in connection with the issuance of the Bonds, and to approve and deem final such official statement in compliance with the Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to provide for and authorize the delivery to the Underwriter of such preliminary and final official statement in compliance with such Rule. The Pricing Officers, each acting severally and individually, are hereby authorized to take such action as they deem necessary or appropriate in seeking ratings on the Bonds from one or more nationally recognized rating agencies, and any such action is hereby ratified and confirmed. Section 7.4.: Application of Proceeds of Bonds. Proceeds from the sale of the Bonds shall, promptly upon receipt by the City, be applied as follows: (a) An amount equal to the sum of the accrued interest, if any, on the Bonds shall be deposited into the Debt Service Fund; (b) Proceeds from the sale of the Bonds in an amount determined by the Pricing Officer (together with funds, if any, provided by the City) shall be applied to make a cash deposit to refund certain Refunded Obligations, as more fully provided in the Pricing Officer's Certificate; (c) Proceeds from the sale of the Bonds in an amount determined by the Pricing Officer (together with funds, if any, provided by the City) shall be applied to make a cash deposit to establish the Escrow Fund to refund certain Refunded Obligations, as more fully provided in the Pricing Officer's Certificate; (d) An amount equal to the costs of issuance of the Bonds, as approved by the City, shall be applied to pay such costs as the City may arrange; and (e) Any proceeds of the Bonds remaining after making all such deposits and payments shall be deposited into the Debt Service Fund. Section 7.5.: Refunded Obligations. The discharge and defeasance of the Refunded Obligations shall be effectuated by a cash deposit with the paying agent for certain Refunded Obligations as shall be approved by a Pricing Officer and for the other Refunded Obligations 14 4124-34714908.1 pursuant to the terms and provisions of the Escrow Agreement to be entered into by and between the City and the Escrow Agent, which shall be substantially in the form attached hereto as Exhibit E, the terms and provisions of which are hereby approved, subject to such insertions, additions and modifications as shall be necessary (a) to maximize the City's present value savings and to minimize the City's costs of refunding, (b) to comply with all applicable laws and regulations relating to the refunding of the Refunded Obligations and (c) to carry out the other intents and purposes of this Ordinance, and the Mayor is hereby authorized to execute and deliver such Escrow Agreement on behalf of the City in multiple counterparts and the City Secretary is hereby authorized to attest thereto and affix the City's seal. To assure the purchase of the Escrowed Securities referred to in the Escrow Agreement, the Pricing Officer is hereby authorized to subscribe for, agree to purchase and purchase obligations of the United States of America, in such amounts and maturities and bearing interest at such rates as may be provided for in the Report to be attached to the Escrow Agreement, and to execute any and all subscriptions, purchase agreements, commitments, letters of authorization and other documents necessary to effectuate the foregoing. Any actions heretofore taken for such purpose are hereby ratified and approved. Section 7.6.: Notice of Redemption. (a) To maximize the City's present value savings and to minimize the City's costs of refunding, the City hereby authorizes and directs that certain of the Refunded Obligations shall be called for redemption prior to maturity in the amounts, on the dates and at the redemption prices determined by the Pricing Officer in accordance with Section 7.1 of this Ordinance, and the Pricing Officer is hereby authorized and directed to take all necessary and appropriate action to give or cause to be given a notice of redemption and/or a notice of defeasance to the holders or paying agent/registrars, as appropriate, of such Refunded Obligations, and, if required, to publish such notices, all in the manner required by the documents authorizing the issuance of such Refunded Obligations. (b) Any Pricing Officer or the designee thereof is hereby authorized and directed to take all necessary and appropriate action to give or file, or to cause to be given or filed, material events notices with respect to the Refunded Obligations, as required by the ordinances authorizing the issuance of the Refunded Obligations and the Rule. Section 7.7.: Tax Exemption. The City intends that the interest on the Bonds shall be excludable from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended, (the "Code") and all applicable temporary, proposed and final regulations (the "Regulations") and procedures promulgated thereunder and applicable to the Bonds. For this purpose, the City covenants that it will monitor and control the receipt, investment, expenditure and use of all gross proceeds of the Bonds (including all property, the acquisition, construction or improvement of which is to be financed directly or indirectly with the proceeds of the Bonds) and take or omit to take such other and further actions as may be required by Sections 103 and 141 through 150 of the Code and the Regulations to cause the interest on the Bonds to be and remain excludable from the gross income, as defined in Section 61 of the Code, of the owners of the Bonds for federal income tax purposes. Without limiting the generality of the foregoing, the City shall comply with each of the following covenants: 15 4124-34714908.1 (a) The City shall not use, permit the use of or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City shall have received a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (b) Except as permitted by Section 141 of the Code and the regulations and rulings thereunder, the City shall, at all times prior to the last stated maturity of the Bonds, (1) exclusively own, operate, and possess all property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds of such series of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations or notes or bonds refunded by the Refunded Obligations and not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of such series of the Bonds or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations or notes or bonds refunded by the Refunded Obligations other than taxes of general application and interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (c) Except to the extent permitted by Section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, Gross Proceeds are considered to be "loaned" to a person or entity if (1) property acquired, constructed or improved with Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations or notes or bonds refunded by the Refunded Obligations is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or such property are otherwise transferred in a transaction which is the economic equivalent of a loan. (d) Except to the extent permitted by Section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the final stated maturity or final payment of the Refunded Obligations, directly or indirectly invest Gross Proceeds of 16 4124-3471-4908.1 such Bonds in any Investment (or use such Gross Proceeds to replace money so invested), if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield on the Refunded Obligations. (e) Based on all of the facts and estimates now known or reasonably expected to be in existence on the date the Bonds are delivered, the City reasonably expects that the proceeds of the Bonds and the Refunded Obligations (to the extent any of such proceeds remain unexpended) will not be used in a manner that would cause the Bonds or the Refunded Obligations or any portion thereof to be "arbitrage bonds" within the meaning of Section 148 of the Cod (f) At all times while the Bonds are outstanding, the City will identify and properly account for all amounts constituting gross proceeds of the Bonds in accordance with the Regulations. The City will monitor the yield on the investments of the proceeds of the Bonds and, to the extent required by the Code and the Regulations, will restrict the yield on such investments to a yield which is not materially higher than the yield on the Bonds. To the extent necessary to prevent the Bonds from constituting "arbitrage bonds," the City will make such payments as are necessary to cause the yield on all yield restricted nonpurpose investments allocable to the Bonds to be less than the yield that is materially higher than the yield on the Bonds; (g) The City will not take any action or knowingly omit to take any action, if taken or omitted, would cause the Bonds to be treated as "federally guaranteed" obligations for purposes of Section 149(b) of the Code; (h) The City represents that not more than fifty percent (50%) of the proceeds of any new money portion of the Bonds or any new money issue refunded by, the Refunded Obligations was invested in nonpurpose investments (as defined in Section 148(f)(b)(A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of Section 149(g)(3)(A)(ii) of the Code, and the City reasonably expected at the time each issue of the Refunded Obligations was issued that at least eighty-five percent (85%) of the spendable proceeds of the Bonds or the Refunded Obligations would be used to carry out the governmental purpose of such Bonds within the corresponding three-year period beginning on the respective dates of the Bonds or the Refunded Obligations. (i) The City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the gross proceeds of the Bonds, if any, be rebated to the federal government. Specifically, the City will (i) maintain records regarding the receipt, investment and expenditure of the gross proceeds of the Bonds as may be required to calculate such excess arbitrage profits separately from records of amounts on deposit in the funds and accounts of the City allocable to other obligations of the City or moneys which do not represent gross proceeds of any obligations of the City and retain such records for at least six years after the day on which the last outstanding Bond is discharged, (ii) account for all gross proceeds under a reasonable, consistently applied method of accounting, not employed as an artifice or device to avoid, in whole or in part, the requirements of Section 148 of the Code, including any specified method of accounting required by applicable Regulations to be used for all or a portion of the gross proceeds, (iii) calculate, at such times as are required by applicable Regulations, the amount of excess arbitrage profits, if any, earned from the investment of the 17 4124-3471-4908.1 gross proceeds of the Bonds and (iv) timely pay, as required by applicable Regulations, all amounts required to be rebated to the federal government. In addition, the City will exercise reasonable diligence to assure that no errors are made in the calculations required by the preceding sentence and, if such an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter, including payment to the federal government of any delinquent amounts owed to it, including interest thereon and penalty. 0) The City will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in smaller profit or a larger loss than would have resulted if such arrangement had been at arm's length and had the yield on the issue not been relevant to either party. (k) The City will timely file or cause to be filed with the Secretary of the Treasury of the United States the information required by Section 149(e) of the Code with respect to the Bonds on such form and in such place as the Secretary may prescribe. (1) The City will not issue or use the Bonds as part of an "abusive arbitrage device" (as defined in Section 1.148 10(a) of the Regulations). Without limiting the foregoing, the Bonds are not and will not be a part of a transaction or series of transactions that attempts to circumvent the provisions of Section 148 of the Code and the Regulations, by (i) enabling the City to exploit the difference between tax exempt and taxable interest rates to gain a material financial advantage, or (ii) increasing the burden on the market for tax-exempt obligations. (m) Proper officers of the City charged with the responsibility for issuing the Bonds are hereby directed to make, execute and deliver certifications as to facts, estimates or circumstances in existence as of the Issue Date and stating whether there are facts, estimates or circumstances that would materially change the City's expectations. On or after the Issue Date, the City will take such actions as are necessary and appropriate to assure the continuous accuracy of the representations contained in such certificates. (n) The covenants and representations made or required by this Section are for the benefit of the Bond holders and any subsequent Bond holder and may be relied upon by the Bond holder and any subsequent Bond holder and bond counsel to the City. In complying with the foregoing covenants, the City may rely upon an unqualified opinion issued to the City by nationally recognized bond counsel that any action by the City or reliance upon any interpretation of the Code or Regulations contained in such opinion will not cause interest on the Bonds to be includable in gross income for federal income tax purposes under existing law. Notwithstanding any other provision of this Ordinance, the City's representations and obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds for as long as such matters are relevant to the exclusion of interest on the Bonds from the gross income of the owners for federal income tax purposes. 18 4124-3471-4908.1 Section 7.8.: Qualified Tax -Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" as defined in Section 265(b)(3) of the Code. With respect to such designation, the City represents the following: (a) that during the calendar year 2019, the City (including all entities which issue obligations on behalf of the City) has not designated nor will designate obligations, which when aggregated with the Bonds, will result in more than $10,000,000 of "qualified tax-exempt obligations" being issued and (b) that the City has examined its financing needs for the calendar year 2019 and reasonably anticipates that the amount of bonds, leases, loans or other obligations, together with the Bonds and any other tax- exempt obligations heretofore issued by the City (plus those of all entities which issue obligations on behalf of the City) during the calendar year 2019, when the higher of the face amount or the issue price of each such tax-exempt obligation issued for the calendar year 2019 by the City is taken into account, will not exceed $10,000,000. Section 7.9.: Related Matters. In order that the City shall satisfy in a timely manner all of its obligations under this Ordinance, the Mayor, City Secretary and all other appropriate officers, agents, representatives and employees of the City are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the issuance and delivery of the Bonds, including, without limitation, executing and delivering on behalf of the City all certificates, consents, receipts, requests, notices, and other documents as may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the transfer and application of funds of the City consistent with the provisions of this Ordinance. ARTICLE VIII. CONTINUING DISCLOSURE UNDERTAKING Section 8.1.: Continuing Disclosure Undertaking. The City shall provide annually to the MSRB, within six (6) months after the end of each fiscal year and in an electronic format prescribed by the MSRB and available via the Electronic Municipal Market Access ("EMMA") system at www.emma.msrb.org, financial information and operating data of the general type included in APPENDIX A - Financial Information for the City in Tables through , and in APPENDIX C described in the Official Statement, being the information described in Exhibit D. Any financial statements so to be provided shall be (a) prepared in accordance with generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time, as such principles may be changed from time to time to comply with state or federal law or regulation and (b) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to the MSRB and shall provide to the MSRB audited financial statements, when and if the same become available. If the City changes its Fiscal Year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Article. 19 4124-34714908.1 The financial information and operating data to be provided pursuant to this Article may be set forth in full in one or more documents or may be included by specific reference to documents (i) available to the public on the MSRB's internet web site or (ii) filed with the SEC. Section 8.2.: Material Event Notices. The City shall notify the MSRB in an electronic format prescribed by the MSRB, in a timely manner (not in excess of ten (10) days after the occurrence of the event), of any of the following events with respect to the Bonds: (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (vii) Modifications to rights of holders of the Bonds, if material; (viii) Bond calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the Bonds, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the City; (xiii) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terns, if material; and (xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (xv) Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terns of a financial obligation of the City, any of which affect security holders, if material; and (xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City. The City shall notify the MSRB in an electronic form prescribed by the MSRB, in a timely manner, of any failure by the City to provide financial information or operating ®1 data in accordance with Section 8.1 of this Ordinance by the time required by such Section. Section 8.3.: Identifying Information. All documents provided to the MSRB shall be accompanied by identifying information, as prescribed by the MSRB. Section 8.4.: Limitations Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by this Article of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Article are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, principal statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Article shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities law. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell the Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Registered Owners of a majority in aggregate 21 4124-34714908.1 principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Registered Owners and beneficial owners of the Bonds. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in any case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. Section 8.5.: Definitions. As used in this Article, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. ARTICLE IX. MISCELLANEOUS Section 9.1.: Defeasance. The City may defease the provisions of this Ordinance and discharge its obligations to the Registered Owners of any or all of the Bonds to pay the principal of and interest thereon in any manner now or hereafter permitted by law, including by depositing with the Paying Agent/Registrar, a trust company or commercial bank other than the Paying Agent/Registrar, or with the Comptroller of Public Accounts of the State of Texas either: (a) cash in an amount equal to the principal amount of such Bonds plus interest thereon to the date of maturity or earlier redemption; or (b) pursuant to an escrow or trust agreement, cash and/or (i) direct noncallable obligations of United States of America, including obligations that are unconditionally guaranteed by the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that are rated as to investment quality by a nationally recognized investment rating firm not less 22 4124-3471-4908.1 than AAA or its equivalent, which, in the case of (i), (ii) or (iii), may be in book -entry form, and the principal of and interest on which will, when due or redeemable at the option of the holder, without further investment or reinvestment of either the principal amount thereof or the interest earnings thereon, provide money in an amount which, together with other moneys, if any, held in such escrow at the same time and available for such purpose, shall be sufficient to provide for the timely payment of the principal of and interest thereon to the date of maturity or earlier redemption; provided, however, that if any of the Bonds are to be redeemed prior to their respective dates of maturity, provision shall have been made for giving notice of redemption as provided in this Ordinance. Upon such deposit, such Bonds shall no longer be regarded to be Outstanding or unpaid. Any surplus amounts not required to accomplish such defeasance shall be returned to the City. Section 9.2.: Legal Holidays. In any case where the date interest accrues and becomes payable on the Bonds or principal of the Bonds matures or a Record Date shall be in the City a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized by law to close, then payment of interest or principal need not be made on such date, or the Record Date shall not occur on such date, but payment may be made or the Record Date shall occur on the next succeeding day which is not in the City a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized by law to close with the same force and effect as if (i) made on the date of maturity and no interest shall accrue for the period from the date of maturity to the date of actual payment or (ii) the Record Date had occurred on the last day of that calendar month. Section 9.3.: No Recourse Against City Officials. No recourse shall be had for the payment of principal of or interest on any Bonds or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bonds. Section 9.4.: Further Proceedings. The Mayor, City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this Ordinance. The Mayor, City Secretary and other appropriate officials of the City are each hereby authorized to execute, attest and impress the City's seal to such other agreements, assignments, bonds, certificates, contracts, documents, licenses, instruments, releases, financing statements, letters of instruction, notices of acceptance, notices of final payment, written requests and other documents, and to take all actions and to do all things whether or not mentioned herein, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Ordinance and the Bonds. Section 9.5.: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 9.6.: Open Meeting. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council at 23 4124-3471-4908.1 which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at City Hall for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9.7.: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 9.8.: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below. Section 9.9.: Power to Revise Form of Documents. Notwithstanding any other provision of this Ordinance, the Mayor, City Secretary and other appropriate officials of the City are each hereby authorized to make or approve such revisions, additions, deletions and variations in the form of the documents attached hereto as exhibits as, in the judgment of the Mayor, City Secretary and other appropriate officials of the City, and in the opinion of Bond Counsel to the City, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Ordinance, the Preliminary Official Statement, and the final Official Statement; provided, however, that any changes to such documents resulting in substantive amendments to the terms and conditions of the Bonds or such documents shall be subject to the prior approval of the City Council. Section 9.10.: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Registered Owners from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Registered Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Registered Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Registered Owners who own in the aggregate 51 % of the principal amount of the Bond then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Registered Owners of Outstanding Bonds, no such amendment, addition, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any Bond over any other Bond, or (iii) reduce the aggregate principal amount of Bonds required to be held by Registered Owners for consent to any such amendment, addition, or rescission. 24 4124-3471-4908.1 PASSED AND ADOPTED on first and final reading this May 20, 2019. CITY OF SANGER, TEXAS Mayor ATTEST City Secretary (SEAL) Exhibit A — Form of Bond Exhibit B Form of Paying Agent/Registrar Agreement Exhibit C — Schedule of Refundable Obligations Exhibit D — Description of Annual Financial Information Exhibit E Form of Escrow Agreement S-0 4124-34714908.1 EXHIBIT A 1 _ ►l_ 1 : 1 i [FRONT OF BOND] UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SANGER, TEXAS, GENERAL OBLIGATION REFUNDING BOND SERIES 2019 NUMBER R- 1 REGISTERED INTEREST RATE2: REGISTERED OWNER: PRINCIPAL AMOUNT: PRINCIPAL AMOUNT REGISTERED DATED DATE': MATURITY DATE2: CUSIP2: June 1, 2019 DOLLARS THE CITY OF SANGER, TEXAS, a Home Rule City of the State of Texas (the "City"), for value received, hereby promises to pay to the Registered Owner identified above or its registered assigns, on the maturity date specified above (or on earlier redemption as herein provided), upon presentation and surrender of this Bond at the principal corporate trust office of UMB BANK, N.A., Austin, Texas, or its successor (the "Paying Agent/Registrar"), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due to the United States of America, and to pay interest thereon at the rate shown above, calculated on a basis of a 360-day year composed of twelve 30-day months, from the later of the date of delivery or the most recent interest payment date to which interest has been paid or duly provided for.4 ' Initial Bond shall be numbered T-1. z Omitted from initial Bond. 3 To be completed pursuant to the terms of sale as referenced in the Pricing Officer's Certificate of Sale. ' The first sentence of the initial Certificate shall read as follows: THE CITY OF SANGER, TEXAS, a Home Rule City of the State of Texas (the "City"), for value received, hereby promises to pay to the Registered Owner identified above or its registered assigns, on September 1 of each of the years and in the principal amounts set forth in the following schedule: [Insert information regarding years of maturity, principal amounts and interest rates from Section 3.3 of the Ordinance.] (or on earlier redemption as herein provided), upon presentation and surrender of this Bond at the principal corporate trust office of UMB BANK, N.A., Austin, Texas, or its successor (the "Paying Agent/Registrar"), the principal amounts identified above (or so much thereof as shall not have been paid or deemed to have been paid upon prior redemption) payable in any coin or currency of the United States of Exhibit A-1 4124-34714908.1 Interest on this Bond is payable on 3, and each [June 1 and December 1] thereafter until maturity of this Bond, by check sent by United States mail, first class, postage prepaid, by the Paying Agent/Registrar to the Registered Owner of record as of the close of business on the last business day of the month next preceding the applicable interest payment date, as shown on the registration books kept by the Paying Agent/Registrar. Any accrued interest payable at maturity shall be paid upon presentation and surrender of this Bond at the office of the Paying Agent/Registrar. THIS BOND IS ONE OF A DULY AUTHORIZED SERIES OF BONDS (the "Bonds") in the aggregate principal amount of $ 5 issued pursuant to an ordinance adopted by the City Council of the City on May 20, 2019 (the "Ordinance") for the purpose of refunding certain outstanding obligations (the "Refunded Obligations") of the City under and pursuant to the authority of Chapter 1207, Texas Government Code, as amended. Proceeds of the Bonds will also be used to pay the costs of issuing the Bonds and refunding the Refunded Obligations. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Bond is authenticated by the Paying Agent/Registrar by due execution of the authentication certificate endorsed hereon. 6 'THE CITY RESERVES THE RIGHT, at its option, to redeem, prior to their maturity, Bonds maturing on or after September 1, , in whole or in part, on September 1, , or any date thereafter, at par plus accrued interest to the date fixed for redemption. 8THIS BOND is not subject to redemption prior to maturity. 9THE BONDS MATURING on September 1 in the years 5 (the "Term Bonds") are subject to mandatory sinking fund redemption in the following amounts (subject to reduction as hereinafter provided), on the following dates, in each case at a redemption price equal to the principal amount of the Bonds or the portions thereof so called for redemption plus accrued interest to the date fixed for redemption: Term Bonds Maturing Mandatory Redemption Dates Principal Amounts America which on the date of payment of such principal is legal tender for the payment of debts due to the United States of America, and to pay interest thereon at the rate shown above, calculated on a basis of a 360-day year composed of twelve 30-day months, from the later of the date of delivery or the most recent interest payment date to which interest has been paid or duly provided for. 5 To be completed pursuant to the terms of sale as referenced in the Pricing Officer's Certificate of Sale. 6 In the initial Certificate, this paragraph shall read: "THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Bond is registered by the Comptroller of Public Accounts of the State of Texas by due execution of the registration certificate endorsed hereon." Included if optional redemption provisions are included in the Pricing Officer's Certificate of Sale. a Included if optional redemption provisions are not included in the Pricing Officer's Certificate of Sale. 9 Paragraph included if mandatory sinking fund redemption provision are included in the Pricing Officer's Certificate of Sale. Exhibit A-2 4124-3471-4908.1 10 10 10$ The particular Term Bonds to be redeemed shall be selected by the Registrar by lot or other customary random selection method, on or before July 15 of each year in which Term Bonds are to be mandatorily redeemed. The principal amount of Term Bonds to be mandatorily redeemed in each year shall be reduced by the principal amount of such Term Bonds that have been optionally redeemed on or before July 15 of such year and which have not been made the basis for a previous reduction. 11THE BONDS MAY BE REDEEMED IN PART only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, each Bond shall be treated as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with the provisions of the Ordinance, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. "NOTICE OF ANY SUCH REDEMPTION, identifying the Bonds or portions thereof to be redeemed, shall be sent by United States mail, first class, postage prepaid, to the Registered Owners thereof at their addresses as shown on the books of registration kept by the Paying Agent/Registrar, not less than thirty (30) days before the date fixed for such redemption. By the date fixed for redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the redemption price of the Bonds called for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the purpose of being paid with the funds so provided for such payment. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the principal corporate trust office of the Paying Agent/Registrar, accompanied by an assignment duly executed by the Registered Owner or its authorized representative, subject to the terms and conditions of the Ordinance. THIS BOND IS EXCHANGEABLE at the principal corporate trust office of the Paying Agent/Registrar for a Bond or Bonds of the same maturity and interest rate and in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. THE CITY OR PAYING AGENT/REGISTRAR may require the Registered Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be 10 To be completed pursuant to the terms of sale as referenced in the Pricing Officer's Certificate of Sale. i� Included if optional redemption provisions or mandatory sinking fund redemption provisions are included in the Pricing Officer's Certificate of Sale. Exhibit A-3 4124-3471-4908.1 imposed in connection with the transfer or exchange of a Bond. Any fee or charge of the Paying Agent/Registrar for a transfer or exchange shall be paid by the City. THE REGISTERED OWNER of this Bond by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; that the Bonds do not exceed any constitutional or statutory limitation; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied, within the limits prescribed by law, against all taxable property in the City and have been irrevocably pledged for such payment. REFERENCE IS HEREBY MADE TO THE ORDINANCE, a copy of which is filed with the Paying Agent/Registrar, for the full provisions thereof, to all of which the Registered Owners of the Bonds assent by acceptance of the Bonds. IN WITNESS WHEREOF, the City has caused its corporate seal to be impressed or placed in facsimile hereon and this Bond to be signed by the Mayor, countersigned by the City Secretary by their manual, lithographed or printed facsimile signatures. (SEAL) CITY OF SANGER, TEXAS Mayor COUNTERSIGNED: City Secretary FORM OF COMPTROLLER' S REGISTRATION CERTIFICATE The following form of Comptroller's Registration Certificate shall be attached or affixed to each of the Bonds initially delivered: Exhibit A-4 4124-34714908.1 OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. THE STATE OF TEXAS § I hereby certify that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL OF OFFICE this (SEAL) Comptroller of Public Accounts of the State of Texas FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE The following form of authentication certificate shall be printed on the face of each of the Bonds other than those initially delivered: AUTHENTICATION CERTIFICATE This Bond is one of the Bonds described in and delivered pursuant to the within - mentioned Ordinance; and, except for the Bonds initially delivered, this Bond has been issued in exchange for or replacement of a Bond, Bonds, or a portion of a Bond or Bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. UMB BANK, N.A. as Paying Agent/Registrar BY: Authorized Signature:_ Date of Authentication: Exhibit A-5 4124-3471-4908.1 FORM OF ASSIGNMENT The following form of assignment shall be printed on the back of each of the Bonds: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Please print or type name, address and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown on the face of this Bond in every particular, without any alteration, enlargement or change whatsoever. 4124-3471-4908.1 Exhibit A-6 FORM OF PAYING AGENT/REGISTRAR AGREEMENT See Tab 6 Exhibit B 4124-3471-4908.1 EXHIBIT C SCHEDULE OF REFUNDABLE OBLIGATIONS Combination Tax and Revenue Certificates of Obligation, Series 2009 Exhibit C EXHIBIT D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 8.1 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The portions of the audited financial statements of the City appended to the Official Statement as Exhibit B, but for the most recently concluded fiscal year, and, to the extent that such statements are not completed and available, unaudited financial statements for such fiscal year. 2. The quantitative and financial information and operating data presented in the Official Statement in Tables _ through _. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 above. Exhibit D 4124-3471-4908.1 EXHIBIT E FORM OF ESCROW AGREEMENT See Tab 7 Exhibit E 4124-3471-4908.1 BANGER *TEXAS COU NCI L AG EN DA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes M Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Muzaib, Planner, Development Services City Manager Reviewed/Approval Initials Date 00 V fJSJJJ ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION 05-09-19 ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss, and Possibly act on Resolution # 05-09-19 Recognizing the Necessity of Protecting the Natural Areas (Greenbelts) Adjacent to Creeks and Other Waterways; Adopting the Denton County Greenbelt Plan as a Tool for Preserving Greenbelts; Endorsing the Plan as an Urgent Regional Program for the County, Cities, Towns and Utilities to Help Protect Water Quality in Local Watersheds; and, Expressing the City of Sanger's Intent to Participate in Implementing Strategies that will Protect, the Environment, and Safeguard Public Welfare. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT_ YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Denton County Greenbelt Plan is a guiding document for preserving natural areas adjacent to creeks and other waterways to protect our water quality and natural habitat and providing natural open space for residents thereby improving the quality of life of the residents. STAFF OPTIONS & RECOMMENDATION Approval. List of Supporting Documents/Exhibits Attached: • Resolution # 05-09-19 Prior Action/Review by Council, Boards, Commissions or Other Agencies: 0 Denton County Greenbelt Plan N/A CITY OF SANGER, TEXAS RESOLUTION NO. 05-09-19 A RESOLUTION OF THE CITY OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, RECOGNIZING THE NECESSITY OF PROTECTING THE NATURAL AREAS (GREENBELTS) ADJACENT TO CREEKS AND OTHER WATERWAYS; ADOPTING THE DENTON COUNTY GREENBELT PLAN ("PLAN") AS A TOOL FOR PRESERVING GREENBELTS; ENDORSING THE PLAN AS AN URGENT REGIONAL PROGRAM FOR THE COUNTY, CITIES, TOWNS AND UTILITIES TO HELP PROTECT WATER QUALITY IN LOCAL WATERSHEDS; AND EXPRESSING CITY OF SANGER'S INTENT TO PARTICIPATE IN IMPLEMENTING STRATEGIES THAT WILL PRESERVE AND PROTECT THE ENVIRONMENT, AND SAFEGAURD THE PUBLIC WELFARE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sanger is located in the Moore's Branch Clear Creek Watershed and Little Duck Creek Watershed; and WHEREAS, the City of Sanger recognizes that the long-term prosperity and success of the City of Sanger depends on an adequate and safe drinking water supply, without it our economy cannot grow or prosper; and WHEREAS, as growth and development continues across the region, population in this watershed is expected to continue to increase, rapidly transforming from a rural setting to an area with urban characteristics; and WHEREAS, communities, including the City of Sanger, are knitted together by many water courses that extend into and through neighborhoods, transporting water to the nearest creek or lake - - the sources of our drinking water; and WHEREAS, the vegetated areas along creeks and rivers (also known as greenbelts) provide a buffer between homes, farms and the neighboring creeks; filtering out harmful pollutants, such as soil, silt, fertilizers and pesticides before they reach the creeks and rivers - - protecting the quality of water "right where we live"; and WHEREAS, we believe that protecting and preserving local greenbelts today cost very little in comparison to restoring them in the future; and WHEREAS, Denton County, the Upper Trinity Regional Water District and Upper Trinity Conservation Trust developed the Plan as a coordinated effort to identify priority greenbelt areas and other related natural assets in need of preservation; and WHEREAS, the Plan has identified priority greenbelts in and near the City of Sanger, and provides strategies that can be implemented on a voluntary basis to help protect our water supply sources; and WHEREAS, to help champion the Plan, Denton County is creating a Coordinated Committee, which the City of Sanger will be eligible to participate as a supporter of the Plan; and WHEREAS, it is advisable to advance the Plan in a cooperative voluntary manner with neighboring communities, considering appropriate policies and actions that will help preserve and protect water resources and enhance the quality of life for all Denton County residents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That all matters stated in the preamble are found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entity. SECTION 2. That the City of Sanger does hereby adopt the Denton County Greenbelt Plan to be a convenient guide in preserving and protecting greenbelts within the City of Sanger's jurisdiction - - to help protect the watershed, right where we live, knowing that the quality of life for our people depend on the preservation of these irreplaceable water assets. SECTION 3. That the City of Sanger does hereby direct its staff to review the Plan for timely recommendations and for incorporation of appropriate items into the City of Sanger's policies, practices and standards - - enacting appropriate ordinances, zoning requirements or other measures that will protect greenbelts within our local jurisdiction. SECTION 4. To help achieve the preservation and protection of local greenbelts, City of Sanger hereby expresses its intent to participate on the Coordinating Committee to be formed by Denton County; and will work with Denton County, Upper Trinity and other stakeholders to implement strategies and best management practices for the protection of our watershed. SECTION S. That this resolution shall take effect immediately from and after its adoption and is so resolved. PASSED AND APPROVED by the City Council of the City of Sanger, Texas this the Day of May, 2019. ''_`I 1 Thomas E. Muir. Mayor City of Sanger, Texas ATTEST: Cheryl Price, City Secretary City of Sanger, Texas 7 DENTON COUNTY GREENBELT PLAN For 2'fie Future •'��rr - �' •l Ilk a • .1 �' • ... - t EXECUTIVE SUS Y ACKNOWLEDGEMENTS Denton County Greenbelt Plan Sponsors Denton County Denton County, under leadership of the County Judge and Commissioners, provides planning and other services for the rural and urban areas of the County; and, coordinates transportation and public works needs among communities as the population continues to grow - - while keeping sustainability, environmental protection, and quality of life as priorities. Upper Trinity Regional Water District Upper Trinity Regional Water District was created by the Texas Legislature in 1989 for the benefit of cities and utilities in the Denton County area. Its mandate is to develop regional plans for water and wastewater services on a wholesale basis to cities and utilities in the Denton County area. Upper Trinity is a leader in public education about water conservation and water quality protection. Upper Trinity Conservation Trust Created as a nonprofit 501(c)(3) land trust in 2010 by the Upper Trinity Regional Water District Board of Directors, the Conservation Trust works with communities, landowners and developers to preserve natural watershed and riparian assets within the catch basins of the District's water supply sources. The mission of the Trust is to promote the conservation and stewardship of land and water resources through educational activities, coordination with local governments, and the acquisition of land and conservation easements - - protecting water quality in our water supply basins for future generations. Acknowledgements Many stakeholders participated and contributed to the development of the Denton County Greenbelt Plan - - some by participating in public meetings and others through the website or online surveys. The Plan Sponsors would like to express appreciation to all stakeholders who participated. Active stakeholders included: Denton County Residents Many thanks to the consultant team: City / Town Officials and Staff Alan Plummer Associates, Inc. University of North Texas — Lewisville Lake Environmental Learning Area Schrickel, Rollins and Associates, Inc. Greenbelt Alliance North Central Texas Council of Governments 16 W51 mwjg Texas A&M Agril-ife Extension Service — Denton County Texas A&M Forest ServiceASSOCIATE Texas Department of Transportation ENVIRONMENTAL Schrickel, Rollins and Associates, Inc. ,..,,,. s, Inc. Texas Master Naturalists ENGINEERS AND SCIENTISTS Texas Parks and Wildlife Department Trust for Public Land and more! As land continues to be developed in Denton County, converting farms and ranches into communities, it's important to remember the role and benefits of creeks and waterways - - not only as a source of water for farm animals and wildlife, but also as a source of drinking water for our growing communities. Preserving the natural areas (greenbelts) adjacent to the creeks and other waterways is vital to having dependable, clean drinking water. As water flows across the land, these greenbelts help filter out harmful pollutants before the water enters the creeks and lakes, protecting the quality of water. The Denton County Greenbelt Plan helps set a common vision for preserving greenbelts; and, it provides strategies for stakeholders (municipalities, developers, landowners and residents) to use in protecting these valuable natural assets. Within the mission of Upper Trinity Conservation Trust, one strategy for protecting these assets is through conservation easements. Conservation easements offer a convenient way to preserve valuable watershed areas and greenbelts - - also, wildlife habitat and family heritage lands. Conservation easements are voluntary agreements between a landowner and a qualified land trust that enables a landowner to retain possession while protecting a designated area in perpetuity. As a nonprofit land trust, Upper Trinity Conservation Trust is available to accept conservation easements from landowners, developers and municipalities that desire to protect greenbelts and other watershed lands. Easement donors can enjoy a valuable partnership with the Trust who can help them carry out their goals that they have for their land. The voluntary nature of the Denton County Greenbelt Plan will ensure that the municipalities, developers and others implementing it are doing so because of the great economic, environmental and social benefits for everyone in Denton County. Together, we can preserve the quality of our environment and life in Denton County and leave a legacy for future generations. Trent Lewis President Upper Trinity Conservation Trust 2 Denton County is one of the best places to live, work and raise a family. Just take a look around: a strong local economy, thriving communities, excellent educational institutions, and a rich history, and beautiful landscapes. Over the next several years, Denton County's population is expected to surpass one million people, making the County the fifth fastest growing in the State. As our County transitions to a more urban setting, we should be mindful of potential impacts on our quality of life, and to the environment, especially to protection of water quality in our local lakes - - a key source for our drinking water. The County's long-term prosperity and success depends on an adequate and safe drinking water supply; without it, our economy cannot grow or prosper. Maintaining precious natural assets, such as greenbelts, is important to the safety and security of our water supply, and to the quality of life that residents have come to expect in Denton County. If left in their natural condition, greenbelts (the vegetated areas along creeks and streams) offer many benefits and provide a buffer between homes and the neighboring creeks. Greenbelts also provide recreational and educational opportunities to residents; and, help filter out harmful pollutants before reaching the creek. Denton County is proud to be a sponsor of the Denton County Greenbelt Plan - - a voluntary guide to preserving and protecting local greenbelt areas. The Plan offers a common vision in preserving these natural assets; and, will help coordinate the roles that municipalities, developers, landowners and other stakeholders have in protecting greenbelts. Each of us can have a role in preserving and protecting greenbelts - - now, and for future generations! A coordinating committee will help champion and oversee implementation of the Plan. The mission of the Committee will be to encourage, and work with, the many stakeholders to pursue the most effective strategies for preservation of greenbelts throughout the County. The committee will be diverse and represent the many stakeholders that makes our County so unique. Together, we can make a difference to ensure our economy continues to grow, while preserving important greenbelt areas and protecting our valuable water supply. Now is the time to protect our natural resource assets for future generations! Mary Horn Denton County Judge 3 Local communities are knitted together by the many water courses that extend into and through neighborhoods, transporting water to the nearest creek or lake - - the sources of our drinking water. Please, an alert! As our region transforms from a largely rural setting to one with more urban character, it is urgent that we consider the effect on water quality and our water supply. At Upper Trinity Regional Water District, a priority goal is to safeguard our local water resources and the quality of life "right where we live". To reach the goal, we need your help. Now is the time to preserve natural waterways and to protect water quality in local watersheds. Greenbelts and flood plains; streams and waterways; riparian lands and wetlands - - all are irreplaceable assets. Greenbelts 'elp protect creeks and lakes by filtering out pollutants, such as sediment, desticides and fertilizer. Also, greenbelts are an important buffer during flood events. These critical functions are the focus of the Denton County Greenbelt Plan - - helping protect and safeguard these assets for the future. Good news: it costs very little to protect existing watershed assets - - if we do it now. In contrast, it would cost a fortune to try to restore greenbelts later, if the watershed were allowed to become impaired. REGIONAL WATER DISTRICT In some cases, greenbelts can help enhance the quality of life for residents by enabling hike and bike trails. Typically, greenbelts also help improve property values for nearby homes. The Greenbelt Plan will serve as a useful guide for municipalities, landowners and developers for voluntary implementation of greenbelts areas. The Plan encourages stakeholders to coordinate the planning and preservation of multi -use greenbelts according to a common vision. If you appreciate natural greenbelt areas, we urge you to get involved, to volunteer to help. Please join in the effort to achieve sustainability of greenbelt assets in Denton County, and enhance the quality of life for all residents. If we each do our part well, just think of the legacy you can leave for future generations! Thomas E. Taylor Executive Director Upper Trinity Regional Water District 4 DENTON COUNTY AT A POINT OF GREAT OPPORTUNITY Denton County is growing - FAST. In less than 25 years, the population of Denton County is projected to be over 1.4 million, or double its current population. With growth, land uses will change. The rural character of the County will likely transform to urban and suburban land uses similar to what is occurring in neighboring Counties. As developable space becomes a premium, the County's streams, creeks, and other aquatic resources will be stressed from these impending land -use changes. Now is the time to initiate cooperative efforts for the protection of Denton County's water resources, especially its streams, creeks, and the Elm Fork of the Trinity River — the sources for our drinking water. fo address the foreseeable land use changes, the Upper Trinity Conservation Trust, Denton County, and Upper Trinity Regional Water District commissioned a study to inventory and analyze greenbelts along the County's major streams and the Elm Fork of the Trinity River. The major emphasis for this study was to identify existing greenbelts, opportunities for developing and expanding greenbelt corridors, and to categorize and prioritize area streams and watersheds for greenbelt preservation. This document summarizes those efforts with the overarching goal "to protect the water quality entering Denton County's three primary drinking water supply reservoirs — Lewisville Lake, Ray Roberts Lake, and Grapevine Lake." Of course, once preserved, a greenbelt offers community benefits far beyond just protection of water quality. Such drainageways flow through all communities, with many opportunities to benefit neighborhoods and Denton County as a whole. The purpose for the Denton County Greenbelt Plan ("the Plan") is to assist in protecting the greenbelts along and associated with streams that flow into the local water supply reservoirs. The Plan is not intended to be a regulatory document, rather, a convenient guide to encourage and enable closer coordination among stakeholders. Stakeholders include Denton County's municipalities, developers, citizens, and land owners. It is important to recognize the importance of our waterways and associated riparian zones, and to acknowledge the priority streams identified within the Plan. Implementation strategies are provided in the Plan to help protect the identified priority greenbelt corridors and streams for the foreseeable future. The following are highlights of the Denton County Greenbelt Plan. PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES Figure ES-1: Priority Streams GREENBELT SYSTEM COMPONENTS Streams Within the Plan, approximately 1,225 miles of streams were identified as "priority streams" (Figure ES-1) both within Denton County and the adjoining Counties. These priority streams are significant contributors of water to the local water supply reservoirs. These streams are located in both urban and urbanizing areas, and in rural areas. Corridors along some of these streams already contain developments at or near the streams edge. Therefore, opportunities for greenbelt protection along these developed stream segments may be limited. Of special note, the Plan identifies those streams that will help maintain existing greenbelts and the streams that have an opportunity to restore connections to the existing greenbelt corridors. A compelling fact: it is much more cost effective to protect greenbelts and stream corridors now -- rather than restore greenbelts and stream corridors after they have been lost to nearby development. Existing Greenbelts Several of the priority streams are flanked with significant widths of vegetation typically consisting of a mixture of trees, shrubs, and herbaceous vegetation. These heavily vegetated streams are the existing greenbelts identified within the Plan. The graphic in Figure ES-2 shows the existing greenbelt inventory. Greenbelts serve a valuable function for all of us; they help filter and sequester storm water in the riparian zone before it enters the stream — thus slowing the flow and improving the quality of water entering the actual stream. Within Denton County, some agencies have set aside certain existing greenbelts, providing protection for water quality and riparian assets. Examples include already established linear parks, federal lands associated with the three major lakes within Denton County, and areas protected by ordinances, setbacks and dedications in the Cities of Denton and Lewisville, Town of Flower Mound, and the master -planned community of Lantana. However, a majority of the existing greenbelt opportunities lack mechanisms to protect their ecological and water quality functions. INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS F sss I. a -- INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS DENTON courlTY - 1' f RIPARIAN CORRIDORS WITH GREENBELT CHARACTERISTICS PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL) RIPARIAN CORRIDORS LACKING GREENBELT CHARACTERISTICS 1OD-YEAR FLOODPLAINS sai. DEVELOPED STREAM CORRIDOR CITY LIMITS/ URBANIZED AREAS>� u l.1ASTER-PLANNED COMMUNITY Figure ES-2: Greenbelt Inventory 8 GREENBELT SYSTEM OPPORTUNITIES A majority of the priority streams identified in the Plan lack diversity of vegetation to meet the usual qualifications for greenbelt status. The vegetation surrounding these priority streams has either been greatly reduced in species composition and width, or completely removed for agricultural pursuits or for some other land use. However, all is not lost; they are still worthy of being preserved for their riparian assets and benefits. Within the Plan, these stream segments are classified as Greenbelt Opportunities. These are the areas that need special attention and preservation to protect the quality of water and to ensure other benefits for future generations. Figure ES-4 identifies these Greenbelt Opportunities. These Greenbelt Opportunity streams may require modifications to adjacent land uses as well as implementing protection mechanisms Example land use modifications include allowing vegetation to reestablish within the riparian corridor, possibly limiting or exceeding cattle or other livestock from the stream corridor - - and for the long-term, providing for preservation of the riparian zone and a potential set -back for future development from the stream's edge. Design parameters for the protection of streams are provided in the document. In summary, to protect the quality of water within local water supply reservoirs, preserving a 100-foot wide buffer or set -back from the top of stream bank is generally recommended, as illustrated in the Figure below. However, greenbelts of lesser width will yield significant benefits for water quality protection, for bank stabilization and for trails or other uses. Existing municipal ordinances in Denton County vary in specified width; and, some municipalities have different widths depending on the size of the stream. Each municipality in cooperation with development activity is encouraged to determine what is feasible for their purposes. Bank Stabilizationi uu rt. Prairie Wildlife 100 ft. I 165 ft. Water Quality Protection Forest Wildlife Figure ES-3: Recommended Greenhelt Corridor Width, Courtesy Texas A&M Agrilife Extension Service 9 GREENBELT OPPORTUNITIES a — ° IL t `a... bra".-° @® ° "- r.•�! � I `v f J�1 \ PRESERVED STREAM CORRIDORS DENTON COUNTY _ f PROTECTED BY ORDINANCE OR OTHER PRIORITY STREAMS o , GREENBELT PRESERVATION OPPORTUNITY 100.VEAR FLOODPLAINS PRIMARY OPPORTUNITY PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL) C j ..� SECONDARY OPPORTUNITY CITY LIMITS URBANIZED AREAS L� LIMITED OPPORTUNITY - MASTER -PLANNED COMMUNITY Figure ES-4: Greenbelt Opportunities 10 PRIORITY WATERSHEDS AND STREAMS In the planning area, forty-one sub -watersheds to the Elm Fork of the Trinity River contribute flow directly to the three Denton County reservoirs. Within those 41 sub -watersheds, there are 73 named streams including the Elm Fork of the Trinity River. Each of the named streams, their tributaries, and their watersheds were ranked based on a high, medium, or low priority status, which translates to a timeline for implementing the Plan. The planning horizon associated with the prioritization rankings is: 1. High —1-10 years 2. Medium —10-20 years 3. Low — 20 years and beyond Of the 41 sub -watersheds, 11 were ranked as high priority; and, of the 73 named streams, 26 were identified as high priority streams. Figure ES-5 shows the priority status associated with the 41 sub -watersheds and the 73 name streams and their tributaries. As shown, the majority of the high iriority watersheds and streams are near the three major reservoirs and .he major urban centers within Denton County. The existing Greenbelts and Greenbelt Opportunities were then overlaid onto the prioritized watersheds and streams. This helps to identify the greenbelts in need of protection and/or preservation. Figure ES-6, on the following page, shows the highest priority watershed with existing Greenbelts and Greenbelt Opportunities identified. Each of the 41 sub - watersheds are identified in the Appendices with the existing Greenbelts and Greenbelt Opportunities shown. Figure ES-5 Watershed Priority Status 11 MooreslBranc 'C ea PRESERVED STREAM CORRIDORS { i PROTECTED RYORONIANCE OR OTHER COlpBranch-Elm Creek GREENBELT PRESERVATION OPPORTUNITY Fork Trinity 0 PRIIJARYOPPORTUNITY Rlver SEGONUARYOPPORTUNITY LIIJNEDOPPORTUNITY 1i 1 i Harmony R h'. Lewisville 4 +y Lake __-1 Running IB h Lewisville J Lake Headwaters Hickory Upper �. Creek Hickory Creek Cr kL svill'e - ` nDnw00d - t' DiarichTLewisville '::Lake �r�yl .. -•1. I.7iddle �}- Hickory Creek �{ Lon Hickory Creek Stream Priority latershed Priority Stewart e —M•I[GHU1 ®Hg P D QT Timber Pecan Creek -Lewisville Lake Watershed (HUC 120301030902) Stream Segment and Watershed Priority Scares �-'© ET 00 Denton County Greenbelt Plan Page 22 of 41' Stream Name, Mlles, Priority Score �r++awy�a,a �c«p. a+al a. so —Pmnn+::v ..ese�wanax+w+AT.s2 [eepaaB �t+wbwe Tauif,; a9�Wen Cn+l E a Watershed Name, Priority Score a.- a— 0 9eo Eaai O Peon 7klan87 F..' aa.1S 14 .� tl-;' City of Denton Corporate Limits Greenbelt Opportunity Map and ETJ - tl Denton County Greenbelt Plan ., Page 12 of 44 PREaERI1EDSTREAMCORRmcRS CONOINEDCITYLYATSANDETJ fH. PRE9EJI=.'0RRORTUNrTY E[iRAa'OCmI Dar4vn Ca+t/ �OxrDlnedrY/ard aRv ,Mr fA0lEerEO ETJ llnh � _� r.� � ,g000 aoao DADDEex S W lol� Figure ES-6: Highest Priority Watershed Figure ES-7: City of Denton Greenbelt Opportunity To assist municipalities, the existing Greenbelts and Greenbelt Opportunities were superimposed onto their corporate limits and extra -territorial jurisdiction. As an example, Figure ES-7 shows the existing Greenbelts, Greenbelt Opportunities, and Developed Stream Corridors within the City of Denton. 12 IMPLEMENTATION Capturing the Enthusiasm - Realizing the Vision The Denton County Greenbelt Plan is not intended to be a regulatory document; rather, the goal for the Plan is to be a convenient guide to encourage and enable closer coordination among stakeholders. Therefore, successful implementation of the Plan, on a voluntary basis, will require strong leadership at all levels: support from County officials, and active support from local municipalities and dedicated citizens. A successful fulfillment of the Plan will depend on informed and supportive citizens and landowners, the stewardship of the County's critical natural assets - private landowners own a majority of the greenbelt corridors in Denton County. The overall, long-term vision is to grow the economy of Denton County, conserving and preserving existing natural assets, while saving and connecting greenbelts. Implementing the Plan Greenbelt preservation will require a concerted effort from all stakeholders, each of which may have a different role. Denton County, as well as the local municipalities have a distinct role in implementing the Plan - these entities can enact ordinances, zoning requirements or other measures that will protect greenbelt corridors within their respective jurisdictions. In addition, they can provide funding for greenbelt preservation by issuing bonds or obtaining grants. Non-profit organizations, such as the Upper Trinity Conservation Trust, and other natural resource agencies can also obtain grant funding for projects that would especially benefit landowners and other citizens through public outreach efforts. Opportunities for leadership exist - champions for greenbelt preservation. As part of the implementation, it is recommended that a Coordinating Committee be established. To keep all stakeholders informed and connected, the Committee will have an important role - The coordinating committee would be charged with keeping all stakeholders informed and connected. The committee will have an important role in the plan's implementations as well as facilitating momentum. To address the goal for protecting valuable watershed assets, the Plan outlines various strategies to consider in preserving greenbelts. -Tools to facilitate preservation of Greenbelts within municipal and County jurisdictions, • Tools for landowners to consider for greenbelt preservation efforts, and -Funding and acquisition opportunities to help save and connect Greenbelts. Benefits of Greenbelts Potential benefits afforded to Denton County and its communities from the preservation of Greenbelts are numerous and quantifiable: • Conserve the quality of water entering Denton County's water supply reservoirs, the sources of our drinking water, as the County is rapidly urbanizing, • Increase the quality of life for Denton County residents - - by providing nature -based recreational and educational opportunities, • Rather than barriers, greenbelts enable increased connections for both people and wildlife, -Add zest to neighborhoods and enhance property values, • Healthy tree roots and other vegetative material help protect homes and property by stabilizing and protecting stream banks from erosion potential, • Increase appreciation for environmental matters through nature - based educational opportunities, • Preserve the cultural, historical and natural landscapes of Denton County, and • Safeguard habitat for native plants, animals and aquatic species 13 Promoting and Developing Demand for Greenbelts Education and outreach programs about greenbelts and the importance of conserving greenbelt corridors will be imperative for the success of preserving these critical resources. Within the Plan, numerous strategies are identified to provide education and outreach. The principal purpose for these efforts are to generate demand and citizen interest for greenbelts. These strategies include: Greenbelt Protection Measures Protection measures need to be implemented to preserve the identified greenbelt corridors into the foreseeable future. Numerous regulations are in place on the federal and state level that protects aspects of streams; however, those regulations do not provide protections to the vegetation associated with greenbelts per se. Certain municipalities within Denton County have enacted ordinances specifically to offer protections to greenbelts. Examples include the Cities of Denton and Lewisville, and the Town of Flower Mound have ordinances in place to provide protections to Greenbelt corridors. Ordinances, in conjunction with State and Federal regulations, are excellent vehicles for protecting Greenbelts. The Plan offers other preservation measures to consider that are not necessarily regulatory in nature. These include the establishment of Greenbelt Districts, Purchase of Development Rights, Conservation Easements, Mitigation Banking Opportunities, In -Lieu Fee Programs, and Property Tax Exemptions. Non-profit organizations, such as the Upper Trinity Conservation Trust, specialize in these types of protection measures and can partner with the various stakeholders in Denton County to implement these needed protection measures. Specifics about these voluntary programs are outlined in the Plan. Greenbelt Preservation for Landowners The majority of the land occupied with existing greenbelts and Greenbelt Opportunities in Denton County is in private ownership. These landowners are key to protecting existing greenbelts on their property, as well as enable connection of Greenbelt Opportunity corridors. The Plan offers several land management suggestions for landowners to protect water quality entering the receiving streams. Management suggestions include: • Grazing Management • Cropland Management • Riparian Corridor Restoration •Invasive Species Management Funding Numerous funding opportunities are available to assist in the preservation of Greenbelts, including bonds, grants, and donations. Specific funding opportunities outlined in the Plan include: • General Obligation Bonds • Community Development Block Grants • Development Dedications • Recreation Grants • Highway Grants • 319 Grants • Public Private Partnerships • Donations Other opportunities may be available that are not included in the Plan, any funding opportunity that can be applied for greenbelt protection purposes should not be discounted. FINDING A BALANCE Finding a balance between growth and conservation in Denton County will be a challenge. The Denton County Greenbelt Plan is a step in the direction toward finding that balance. With the existing and priority Greenbelt Corridors identified, municipal and County leaders have the tools needed to know what assets are available for protection. Also, with the Greenbelt Corridors identified, Developers have the locations of the priority Greenbelts to consider in their development plans. Finally, the landowners who have priority Greenbelt corridors located on their property have tools and mechanisms available to improve water quality and stream function within their property. Denton County is at a point of great opportunity. Now is the time to preserve its natural assets while sustaining economic growth for the next generations to come. 15 r�- 6 f Now. [AN BANGER T E X A S COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Ramie Hammonds, Director of Development Services City Manager Reviewed/Approval Initials Date 0 1616 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Conduct a Public Hearing on a Request for Approval of a Variance from the Maximum Letter/Logo Height of 36 Inches; and to Allow for a Maximum Letter/Logo Height of 61 Inches for a Proposed Sign Located at 600 N Stemmons F FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [—]OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The applicant is proposing to construct a wall sign on the Holiday Inn Express building located at 600 N Stemmons Fwy. As per Article 3.1400 of the Code of Ordinances (Sign Regulations) maximum letter/logo height is 36 inches. The applicant is seeking approval to allow a maximum letter/logo height of 61 inches for the proposed wall sign. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commission or Other Agencies: None None SANGER .,ExA= COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Ramie Hammonds, Director of Development Services City Manager Reviewed/Approval Initials hcDate Qd--/ /j ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss, and Act on a Request for Approval of a Variance from the Maximum Letter/Logo Height of 36 Inches; and to Allow for a Maximum Letter/Logo Height of 61 Inches for a Proposed Sign Located at 600 N Stemmons F FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED [_]NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The applicant is proposing to construct a wall sign on the Holiday Inn Express building located at 600 N Stemmons Fwy. As per Article 3.1400 of the Code of Ordinances (Sign Regulations) maximum letter/logo height is 36 inches. The applicant is seeking approval to allow a maximum letter/logo height of 61 inches for the proposed wall sign. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commission or Other • Staff Report Agencies: • Sign Regulations (3.1407) None • Location Map • Application • Letter of Intent • Renderings SANGER PLANNING & ZONING COMMISSION STAFF REPORT *TEXAS Meeting Date: May 20, 2019 Case Coordinator: Ramie Hammonds, Development Service Director Request: Request for Approval of a Variance from the Maximum Letter/Logo Height for a Proposed Sign Located at 600 N Stemmons Fwy. Applicant: Sanger Lodging LLC Case Overview The subject property is 600 N Stemmons Fwy, located on the East side of I-35 and approximately 325 feet North of Pecan St. The property is zoned B-2 and is located on the I-35 corridor. The applicant to seeking approval for a variance from the maximum letter/logo height of 36 inches and to allow for a maximum letter logo height of 61 inches for a proposed wall sign on the Holiday Inn Express building. The maximum allowed building signage for this site is 391 square feet. The applicant is proposing two signs for a total of 318 square feet. Notification Response Form Staff mailed 18 public hearing notices to the owners of properties within 200 feet of the subject property. No response forms have been returned at the time of this report. Attachments • Sign Regulations (3.1400) • Location Map • Application • Letter of Intent • Renderings Sec. 3.1407 Business and Agricultural Zoning Districts (a) On -Premises Attached Signs. (1) Sign Allowance. The total area per face of a sign shall not exceed 1-1/2 square feet of face area for each linear foot of building fascia length. Allowances for individual occupancies within a multiuse building shall be calculated on leased or occupied fascia length. If the lot on which the building is located has multiple right-of-way frontage, each street frontage shall be counted for purposes of determining attached sign allowance. Said signage is to be applied (distributed) on the sides of the building where facing directly adjacent to the public right-of-way. Alternate signage is allowed on sides of the building not adjacent to the public right-of-way not to exceed 1 /3 of the allowance or 25 square feet, whichever is less. (2) Sign Location. Attached signs may be located on a building wall; but, if any part of the sign projects above the ceiling line of the first floor, then no window or part of a window shall be situated within or blocked by the flat wall sign. No such sign shall extend above the roof line of the building or more than 12 inches from the building wall. Where such signs are located on mansard -style roofs, and the building fascia is not vertical, the bottom of such sign shall not project more than 12 inches from said roof and the sign can be oriented in a vertical manner. The staff shall promulgate such graphic to illustrate sign location and orientation. (3) Sign and Letter/Logo Height in Relation to Building Height. (A) For multistory structures, attached signage as described in subsection (a)(2) of this section is allowed between the ground levels to a height of 24 feet. (B) For multistory structures that are 4 stories in height or more, the following standards shall apply to letter/logo height in relation to building height: Maximum Height Height of sign, 4 stories or greater 4 stories 5 to 10 stories 11 to 15 stories Maximum letter/logo heir 36 inches 48 inches 60 inches 16 stories and above 72 inches Additionally, the above table represents the maximum letter and/or logo height in each sign height category. When a sign is totally composed of individually mounted letters, either one letter or one logo may be 25 percent taller than the maximum letter/logo height. Such signage shall be located between the floor level of the top floor and the top of the fascia wall. (b) On -Premises Detached Ground or Pole Suns. (1) Pole signs shall be allowed only along the following linear segments of streets: (A) 1-35 (B) 5th Street (1-35 Business) from Keaton to Cowling (C) 5th Street from FM 455 North to 1-35 service road (D) FM 455 from 5th Street to Acker Street Note: If the stated linear segment does not reference a beginning or ending cross -street, the segment shall mean the entire length of such street within the corporate limits or from the stated cross -street to the corporate limits, as the case may be. (2) The city council, upon specific application, may approve an exception to allow a pole sign at a location where prohibited herein if the council determines that a general condition of pole signs exists in the immediate vicinity and the proposed pole sign would be consistent with such established conditions. (A) Pole Sign Regulations. Where allowed, pole signs shall conform to the following restrictions and limitations. Table 1 Planned width of adjacent thoroughfare 0 to 70 feet 71 to 99 feet 100 feet or more Interstate 35 Minimum width of lot frontage 50 100 150 5080 100 100 200 125 Maximum square footage per side 20 30 40 50 60 70 80 100 150 Setback from street ROW line or any property line 5 5 10 10 10 15 1515 15 (feet) Maximum height (feet) * 8 10 25 2525 50 * Pole sign not allowed. See regulations for ground signs which follow. (B) Ground Sign Regulations. The maximum area of any ground sign as defined herein, is the area allowed by Table 1. The required setback from a street right-of-way line is 3-1/2 feet. Required setbacks from other property lines are as specified by Table 1. The maximum height of any sign on a lot with less than 100 feet of street frontage adjacent to a street with a right-of-way of 70 feet or less and does not exceed 10 feet in height, it may be considered a ground sign; provided that not less than 120 square feet of its area is below a height of 6 feet. (C) Multiuse Signs. A multiuse sign that identifies a coordinated development site of more than one use, such as a shopping center, office center, or industrial park, may have a sign area not larger than 1.5 times the area allowed for a single -use sign on the site, or a maximum of 200 square feet, whichever is less. A multiuse sign may contain a directory or listing of the occupants within a center or multiuse development; provided that the directory portion of the sign shall not exceed 70 square feet or 60 percent of the total sign area whichever is less. If a directory is utilized, the remainder of the sign area shall contain only the identification of the entire center or entire development. If a multiuse sign area exceeds that allowed for a single use, no detached ground or pole sign is allowed for any single use within the center or development, or for any use listed in a directory on such sign. (D) When determining requirements for allowable detached ground or pole signs under the above table, first determine the right-of-way width adjacent to the subject lot, then determine the lot frontage. Next, determine the maximum square footage per side, setback from adjacent rights -of -way and the maximum height by reading vertically below the applicable lot frontage. To calculate the height of a sign, measurement shall be made from the top of the curb adjacent of the street upon which a sign faces or from the natural ground level, if above curb level, to the top of the sign. Construction of a berm or earthen mound for the purpose of increasing height of signage is prohibited. For the purpose of calculating the distance from a street right-of-way line where the existing street right-of-way width is less than that required in the thoroughfare plan and subdivision ordinance, such distance shall be measured from the line of such right-of-way as required by such plan or ordinance (adding equal amounts to each side of the existing right-of-way) rather than from the existing right-of-way line. Freeways are as proposed by the thoroughfare plan of the city. (E) No such sign shall be erected within 20 feet of the street intersection, unless the bottom of the sign exceeds 42 inches in height above ground level, and the sign is set back from the right-of-way as stated in Table 1. (F) If the lot on which a building or buildings are located has multiple right-of-way frontages and is 3 acres or greater, two detached ground or pole signs are permitted (one per frontage) based on sign allowances in subsection (b) of this section. If such a building or buildings are located on a lot less than 3 acres, two detached ground or pole signs are permitted with a maximum of 60 square feet per side, per sign and a maximum height of 20 feet. On lots located at the intersection of a major thoroughfare and a freeway, two detached ground or pole signs are permitted, the size to be based on subsection (b) of this section. All detached signs shall have a minimum of 20 feet of separation from the largest permitted sign. (G) If two of the allowable detached signs are combined into one detached sign, then the signage may exceed by 50 percent the total allowable signage of the largest permitted sign up to a maximum of 200 square feet per side. (H) When electrical service is provided to detached signs, all such electrical service shall be underground. (c) Automobile Dealership Signs. (1) Number Per Lot. (A) Primary Detached Signs. There shall not be more than 1 primary sign for each franchise up to a maximum of 3 primary signs per dealership. (B) Secondary Detached Signs. Secondary signs shall be permitted only if used for pre -owned automobiles and limited to 1 per dealership. (2) Area Location and Height Requirements. (A) Primary Detached Signs. All primary detached signs shall conform to provisions within this section. (B) Secondary Detached Signs. Secondary signs shall be limited to one-half of the area of the primary detached sign and a maximum of 24 feet in height. (3) Minimum Separation. All signs shall be separated by a minimum distance of 100 feet. (4) Banners and Pennants. Such signage is allowed on light standards and poles, as long as signage does not exceed 20 square feet per pole or sign and is not strung or affixed in any manner other than from brackets on single poles. (d) Development Identification Signs. Project information or identification detached ground signs are permitted at the entrances of major offices or industrial park developments located on more than one lot and bisected by one or more publicly dedicated streets. They shall be allowed under the following size restrictions: Size Maximum size (square feet) Maximum height (feet) Under 10 acres 36 6 10 acres and above 64 8 Signs may be located at each corner of the intersection of an entrance street. (e) Real Estate Signs. (1) Generally. One real estate sign, not exceeding 32 square feet in sign area and 12 feet in height shall be permitted on tracts of 50 acres or less, and not exceeding 96 square feet in area and 16 feet in height for tracts of land over 50 acres. On tracts of 50 acres or greater with 1,000 feet of frontage adjacent to the public right-of-way, a sign not to exceed 200 square feet per side and 16 feet in height shall be permitted. The sign shall be removed no later than 30 days after the closing of the real estate conveyance. For setback requirements, refer to subsection (b), Table 1 of this section. Such signs shall not require a permit if they measure 32 square feet or less. (2) Temporary Directional Signs. Non -premises directional signage shall be prohibited within the city limits. (3) Construction Sites. On building construction sites, one sign each shall be permitted for all participating building contractors and subcontractors, one each for all participating professional firms, one each for all participating lending institutions and one for each property owner on the construction site, subject to a maximum of 3 signs for each construction site, each such sign to be 32 square feet in sign area or less, and that such signs must be removed prior to the issuance of a certificate of occupancy for said building. (f) Non -Premises Signs. Non -premises real estate signs shall be permitted based on the following criteria: (1) One such sign shall be permitted per area between 100 acres and 249 acres; (2) Two such signs shall be permitted per area between 250 acres and 499 acres; (3) Three such signs shall be permitted for 500 acres and three additional signs shall be permitted for each 500 acres thereafter; (4) The allowable signage shall be based on the original size of the zoning area; (5) Real estate signs shall be allowed in all nonplatted zoning districts; (6) The size of such sign shall be a maximum of 32 square feet and 8 feet in height unless adjacent to 1-35 where 96 square feet and 16 feet in height is allowed; (7) A permit shall expire after two years. Said permit may be renewed upon request by the property owner for another two-year period; (8) A permit fee of $25.00 per sign shall be paid; and (9) There shall be a minimum separation between each sign of 500 feet. (g) Temporary Promotional Banners, Posters and Pennants. (1) Temporary promotional signs, including but not limited to, banners, posters, and pennants, containing but not limited to, the following verbiage: "Now Hiring," "Applications Here," "We Finance," "Open 24 Hours," "Sale," or "Price Special" shall be permitted, subject to the following guidelines: (A) New Business. For a new business, such signage shall not exceed 25 square feet and shall be included as part of the total allowable attached or detached signage. Such signage shall have a permanently affixed location, which is integrated and compatibly designed as a component of the building, canopy, fascia wall or detached sign. A grand opening sign shall be allowed in addition to the allowable signage for a 30-day period upon issuance of the certificate of occupancy. The fee for such signage shall be included as part of the original sign package, and no subsequent fees will apply if included as part of the permanent signage. (B) Existing Businesses. For businesses that are existing at the time of the effective date of the ordinance from which this article derived, such signage shall be permitted at a permanently designated location on the building, canopy or fascia wall and shall not exceed 25 square feet. There shall be a permit obtained for the manner of designated and affixing of temporary banners and a one-time permit fee of $50.00 shall be charged for each such location designation. (2) Such signage shall be considered as part of the overall sign allowance and shall not be limited as to time of display; and the means of attachment shall not be visible from the public right-of-way. (h) Signs in Interior• of Windows. (1) For new and/or existing businesses that are food or non-food service establishments, such signage is permitted in the interior of windows without a permit, provided that not more than 25 percent of the transparent area is occupied at one time. (2) Items of Information. An item of information is defined as a symbol, a word, a logo, an initial, an abbreviation or a group of numbers. The amount of information that any attached or detached sign can contain shall be based on the following criteria: (A) No sign shall display more than ten items of information. (B) Lettering 3 inches in height or less is not included when determining an item of information. (C) Letters less than 19 inches high which are carved into the fabric of a building or decorative screening walls or attached securely to the wall are not counted as items of information; provided that they are not specially illuminated and are not constructed of a shiny material, or their color does not contrast sharply with that of the building surface, and they do not exceed 2 inches in thickness. (i) Apartment Sim. All apartment complex signs located in business zoning districts shall conform to the provisions as defined in Section 3.1408(5). RM 922 k R536549 R536550 M7207 R565590 R222923 R199837 fF VVV d - FLUTA ST FIRR580268355 R58365 Sanger - - hIAPLC S T. o � R73-458 R58351 R58346 R58056 i _— R58051 R58316 R58310 R57223 R219003 R78096 R58078 R149392 ark GIS Denton Couniy Rs8036 5608 R58075 k B320 R1465oa 600 N Stemmons Fwy N rnaprtd C .ra inb matb�t p rpoua mamas nd naK Been prevaxa la' ores wtatla farltga, ergheefn8,orevwyhp 0 75 150 300 prr�Ma Itaoa mt repesmt anonAfegmura Ya a rtp eurtsony fie eppmdmale rdalw bwlbn d propery tourtlaaes. Feet txmm cwnry aoea ateuarmtee necaneana. orb http://gis.dentoncounty.com rawmea roy dtliryhco ntreNmo lncevifi. mtfiwmn to my ewer. t �cSANGER TEXAS f VARIANCE APPLICATION Applicant Name: Sanger Lodging LLC Company: Address: 600 N Stemmons St City, State, zip Sanger, Texas 76266 4 Phone: 940-206-2001 Fax: Email: dev@ntxhotels.com Submittal Checklist Site Plan Letter of Intent $200.00 Application Fee (Check Payable to City of Sanger) Describe the subject property (address, location, size, etc.): Holidav Inn Express Sanaer Describe the proposed variance (how much, where on the property, for what purpose): The current ordinance for signage on this size of building will make the main signs look unproportional and small. Owner Office Use I)Iry) OD Fee Date �l�l�• �,, �,lli�,-i � 1i �- .. ... .rv•i �.rwu� sungrit��xa..r��n 4126/19 Date To Whom It May Concern; We are asking for a variance on the building signage size. Based on current city ordinance the building signage would look disproportional and small compared to the size of the building. Based on ordinance maximum logo size would have to be 3 feet tall on a 50 feet tall building. The standard building size logo for holiday inn express is 5 feet tall which is what we are asking a variance for. The sign is composed of individual letters. Attached is the design and layout. Thank you. �dWidoylnn Express 8 suites NORTH ELEVATION Individual Internally Illuminated REMOTE L.E.D. Stacked Letter Layout w/ 5'- 1 " Monogram & Letters Sign No. 1 Scale: 1/16' =1 •- 0' -E LETTERS ially, Illuminated 5'-1' gram Stacked Layout rence Drawing HI-1031 eneral Specifications Sanger, TX 1rtN! Nellaaainn NefefsQBNeuites rtbitlti Qn�Yatn frE rlbbnaNYutnpWW6n1�YmYY�fYmnta MOba Usb Wie Uf lao ]A9 WaQOQIhib EYrWbPMiabYfElSVratYnYYY ICeffEi Starlite nn[ eanaer. Y-aFW$G b'- ymr. eyafseurYMbb�abb�Y ,..dY.b..N+aeaw... „ N.eanaanan aE> uce i National Sign Manufacturers and Consultants ,,,❑, For Contact Information Dalla/ftlil to 1 Chlago I Shthaggaa I Chariage D ifL US visit us at taRo www.kssigngroup.com Individual Internally Illuminated REMOTE L.E.D. Stacked rAE Letter Layout w/ 5'- 1 " Monogram & Letters Sign No. 2 WEST ELEVATION lie IGMer I Starlite / National Sign hlanulaclurers and Consul�ann Oa IMI. Worth Chlcaga I Sheboygan I Chaflo0a 1 F ITE LETTERS rnalry Illuminated 5'-1' ,,gram Stacked Layout rent, Drawing HI.1031 General Specifications Scale: 11/16" =1'- 0' Sanger, TX .c. xofuavm.6,sr.,,a s�u.a fa"°°"am abnauavre - RnarYlt,b Vide tl, LL5a NNf �;,napw,rr,crnfmrn......... pyYOipjnNbpgb[�sIW�p4feNbb Ubt bin Ga 7T-aFW66 � R•,.T-1'b '-1' „ptloY,aabaodcW +Y YOa.,.oIM.,M w Y.BavoM1man [tu.[t b6a 6..w.aw,.fbuga„pn �w „re 414116 - �L For Contact Information visit us at u a. c us t1s1m A. www.kssigngroup.com BANGER * TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special Reviewed by Finance ❑ Yes ® Not Applicable ❑ Consent ❑ Workshop ❑ Executive Reviewed by Legal ❑ Public Hearin ❑ Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Ramie Hammonds, Director of Development Services City Manager Reviewed/Approval Initials Date W 16 M ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Conduct a Public Hearing on a Request for Approval of Alternative Exterior Building Material to Allow for the use of Hardie Board for a Proposed Accessory Building Located at 109 S 8h St. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Expenditure Amount -Proposed Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The applicant is proposing to construct an accessory building on property located at 109 S 8ch St. As per Article 3.2100 of the Code of Ordinances (Exterior Construction of Residential Dwellings) exterior construction shall be the same percentage masonry as the first floor of the main structure. The applicant is seeking approval to use hardie board siding as an alternative building material. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Prior Action/Review by Council, Boards, Commission Attached: or Other Agencies: • Staff Report • Exterior Construction of Residential None Dwellings (3.2100) • Location Map • Application • Letter of Intent • Site Plan BANGER .rExA, COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Ramie Hammonds, Director of Development Services City Manager Reviewed/Approval Initials Q� (�� Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Conduct a Public Hearing on a Request for Approval of Alternative Exterior Building Material to Allow for the use of Hardie Board for a Proposed Accessory Building Located at 109 S 8th St. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P [_]BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The applicant is proposing to construct an accessory building on property located at 109 S 8th St. As per Article 3.2100 of the Code of Ordinances (Exterior Construction of Residential Dwellings) exterior construction shall be the same percentage masonry as the first floor of the main structure. The applicant is seeking approval to use hardie board siding as an alternative building material. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commission or Other Agencies: None None SANGER CITY COUNCIL STAFF REPORT yk T E X A S Meeting Date: May 20, 2019 Case Coordinator: Ramie Hammonds, Development Service Director Request: Request for Approval of Alternative Exterior Building Materials and/or Design for a Proposed Accessory Building Located at 109 S 8th St. Applicant: Bryan Galloway Case Overview The subject property is 109 S 8th St , located on the west side of 8th St and approximately 110 feet south of Cherry St. The property is zoned SF-10. The purpose of the request is to allow an accessory building to be constructed using hardie board in place of a masonry product. The maximum lot coverage for SF-10 is 60%. The current lot coverage is 30% once the accessory building is constructed, it would be 33%. Notification Response Form Staff mailed 28 public hearing notices to the owners of properties within 200 feet of the subject property. No response forms have been returned at the time of this report. Attachments • Exterior Construction of Residential Dwellings (3.2100) • Location Map • Application • Letter of Intent • Site Plan ARTICLE 3.2100 EXTERIOR CONSTRUCTION OF RESIDENTIAL DWELLINGS (a) This article establishes the exterior facade requirements for single-family residences, duplexes and multifamily units in the city. (Ordinance 11-16-09 adopted 11/2/09) (b) All exterior facades for the first story of a new single-family residence or duplex in any zoning district, except within the central core district, shall be constructed of a minimum of one hundred (100) percent masonry construction, including and limited to: brick, stone, granite, marble, cast stone or stucco. All other floors shall be constructed of a minimum of fifty (5) percent masonry. (Ordinance 06- 10-13 adopted 6/17/13) (c) All exterior facades for the first story of a new apartment building or multifamily dwelling in any zoning district shall be constructed of a minimum of one hundred (100) percent masonry construction including brick, stone, cast stone, granite, marble or stucco. All floors shall be constructed of a minimum of fifty (50) percent masonry. (d) Additions to, or reconstruction of, existing structures must have, at a minimum, the same ratio of masonry to other materials as does the existing structure. (Ordinance 11-16-09 adopted 11/2/09) (e) Detached garages, shops and storage buildings over two hundred (200) square feet must have, at a minimum, the same percentage of masonry facade as the first floor of the main structure. Buildings other than the primary residence on A -Agricultural zoned property and any single-family zoned property one acre or more are exempt from this requirement. (Ordinance 08-27-17 adopted 8/21/17) (f) The city council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in the local newspaper at least fifteen (15) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. (Ordinance 11-16-09 adopted 11/2/09) (g) The central core district is bounded by 1st Street on the east, and 10th Street on the west, extending from Plum Street on the north, to Austin Street on the south, including all property within this area exclusive of the B-3 central business district as shown on the official zoning map. Where one of the streets defining this area is noncontinuous, the district boundary follows an imaginary line between the constructed segments. Within the central core district, all new single-family residences shall either: (1) Earn a score of at least 11 points based on the scoring criteria listed in subsection (h); or (2) Receive a finding from the city council that its design meets or exceeds the criteria of central core district. (h) Central core district scoring criteria: (1) Porch. A covered, unenclosed area projecting at least 6 feet out from the front facade of a single- family detached dwelling or two-family dwelling. A porch must be covered and roofed with materials similar to the balance of the structure. A porch that covers at least 50% of the length of front facade of the dwelling scores 4 points. A porch that covers at least 25% but less than 50% of the length of the front facade scores 3 points. (2) Dormer. A dormer is a structural element of a building that protrudes from the plane of a sloping roof surface, clad in the same material as the exterior walls below the roofline and containing a window. A dormer within the front facade scores 4 points. (3) Multiple Materials. The use of a combination of masonry and nonmasonry materials in the exterior of a building facade. For example, an exterior wall with brick veneer from the ground up to the bottom of the windows, with wood siding up the balance of the walls to the eaves. The materials should be visibly different from each other from the public right-of-way, with each covering at least 20% of the facade. The use of multiple exterior materials scores 4 points. (4) Major Offset to Front Facade. A facade with a major offset is one with a section at least 10 feet wide set back at least ten (10) additional feet from the balance of the facade. A major offset scores 4 points. (5) Stone or Brick Accents. Stone or brick accents is the application of stone or brick masonry on a nonmasonry exterior to draw attention to an architectural element. Such elements include but are not limited to corners, doors, windows, a front deck, or the columns supporting a front porch. The accents should equal at least 5% of the front facade. The use of stone or brick accents scores 4 points. (6) Hidden Garage. A hidden garage is an enclosed parking space with a garage door that does not face the same street as the front facade. A hidden garage scores 3 points. (7) Steep Roof Pitch. A steep roof has a pitch of at least 7:12. A steep roof pitch scores 3 points. (8) Gabled Accent. A small triangular portion of a wall between the edges of a sloping roof along the front facade of a residence. A gabled accent scores 3 points. A gabled dormer is considered a dormer and not a gabled accent. (9) Cross Gabled. A residence is cross -gabled when it has multiple gables aligned on perpendicular axes, intersecting in a cross at the highest point on the roof. A cross gabled roof scores 3 points. (10) Multi -Angled Roof. A multi -angled roof has one or more sections equaling at least 1/3 the total roof width with a pitch at least 1:12 different than the balance of the roof. A multi -angled roof scores 3 points. (11) Roof Accent. A roof accent is a functional element in the structural or mechanical system of the building located above the top of the first floor that is visibly different from the balance of the roof because of color or material. A roof with one or more accents scores 3 points. (12) Window Grids. Window grids are permanently -attached materials that visually divide the windows of the front facade into smaller transparent areas from the public right-of-way. Window grids score 3 points. (13) Expanded Dwelling Size. A dwelling that measures at least 120% of the minimum dwelling size required by the zoning ordinance. For example, a 1,200 sq ft residence in a district with a 1,000 sq ft minimum, or a 1,440 sq ft residence in a district with a 1,200 sq ft minimum. An expanded dwelling scores 2 points. (14) Bay Window. A bay window is a window space projecting outward from the main walls of a building and forming a bay in a room. A front facade with one or more bay windows scores 2 points. (15) Portico. A covered walkway leading to the front door of a building. A portico must be covered and roofed with materials similar to the balance of the structure. A portico scores 2 points. (16) Pent Roof or Pent Roof Returns. A pent roof is a small, self-supporting, single -slope roof attached to a building. A pent roof return is a pent roof attached to the facade at the bottom of a gable. The use of a pent roof or pent roof returns scores 2 points. (17) Interpretations of the scoring criteria as applied to proposed new construction shall be made by the city manager or his designee. Appeals of any and all interpretations shall be considered by the city council. (i) The city council may adopt a finding that a proposed building meets or exceed the criteria of the central core district after conducting a public hearing. Notice of the public hearing shall be published in the official newspaper(s) at least fifteen (15) days prior to the hearing. Notices of the public hearing shall be mailed to the owners of real property within two hundred (200) feet of the subject property at least ten (10) days prior to the hearing. (Ordinance 06-10-13 adopted 6/17/13) - --- CHERRY ST - - -- R58161 R213634 i R58222 M8163 R58185 581 R213635 -- v~ R58218 R58182 Sanger R75617 i i i i R619886 58 56 R58180 R58189 R58215 i R6038 B58175 5 148 R58194 R58211 38 �anorpark GIS© bm-1176n COUnty 109 S 8th St NTnspmma mmmbm�amret wrpases cw,c mamas nat naw Been prepezo ra o. ee weer weanimoa IEc mcm tanooar<`Tam 0 37.5 75 150 w wM< Pam �reu y anf reprezerta only ne �pmumale � Frtlatw butbn C pr<poty tourtlanes. Feet �ntmcmnntlaea�t,<are «m«p,rert"a. •. �� � wa�6 mmy oaramrmmreaontnd woaua mtl http://gis.dentoncounty.com Tna preNd may to reNeeC et mY Urte wanwt mifitat'on to mY user. BANGER *TEXAS VARIANCE APPLICATION ADDlicant Name: L,CJ Company: Address: City, State, Zip . , ` G Z Phone: D 9. 7 C1I 0 --,36._ )1 a Fax: Email: Submittal Checklist Si a Plan I etter of Intent Vf $200.00 Application Fee (Check. Payable to City of Sanger) Describe the subject property (address, location, size, etc.): MM —77-, c,ti r,. G�,,.11 , 9, // tn> t~ f- `v az-3 c: T— Describe the proposed variance (how much, where on the property, for what purpose): r— -_ V r- • 1 . - . - . , e--L- . I ", r-f-e . — _ r--- _ ,.-L— . i _ .a, / I Office Use Fee Date City of Sanger 201 Bolivar/P.O Box 1729 Sanger, TX 76266 940-4SS-2059 (office) 940-455-4072 (fax) mmsongertexas.org Date S. BANGER *TEXAS VARIANCE REQUEST A variance is permission to vary from the terms of the Zoning Ordinance, permission to construct something the Zoning Ordinance would otherwise prohibit because of unusual circumstances. Variance requests are considered by the Zoning Board of Adjustment following a public hearing. Variances are granted to relieve an unnecessary hardship or practical difficulty. A financial hardship is not justification for a variance. A variance request must include the contents listed below. The City of Sanger will act on the request through the process described herein. SUBMITTAL REQUIREMENTS: • Letter of Intent • Site Plan • Application form signed by the owner and describing the property • Application Fee APPLICATION FEES: $200.00 • The application fee covers part of the cost for the city to review and act on the rezoning request, including providing notice of the public hearings as required by law. • The application fee is non-refundable. MEETING DATES: The Zoning Board of Adjustment is scheduled to meet on the second Monday of each month, if there is business to be conducted. Meetings with no business are not held. Public hearings require both published and mailed notices to be made prior to the meeting. Application should be submitted about one (1) month prior to the meeting. Consult with City Staff prior to submitting your application for detailed scheduling information. City of Sanger 201 Bolivor/P.O Box 1729 Sanger, Tr 76266 940-458-2059 (office) 940-458-4072 (fox) www.songertexas.Oro BANGER *TEXAS VARIANCE REQUEST PROCESS The process for considering and acting on a request for a Variance to the Zoning Ordinance involves the following steps: 1. Pre -Application Consultation: A pre -application consultation with the city staff is recommended for all proposed variances, Staff can describe the request process and the criteria used by the Board of Adjustment. 2. Application: The completed application, letter of intent, site plan, and application fee should be submitted to the Department of Development Services on or before the deadline. 3. Public Notification: State law and the Zoning Ordinance require the public to be notified of the public hearing to consider the variance. Notice of the public hearing must be published in the newspaper at least fifteen (15) days prior. Notification of the public hearing is also mailed to the owners of the property within 200 feet of the subject property at least ten (10) days prior. 4. Zoning Board of Adiustment: The Zoning Board of Adjustment (BOA) will hold at least one (1) public hearing on the proposed variance. The applicant is expected to address the Board to describe the proposed variance and answer questions. During the public hearing, anyone in attendance may address the Board with comments and questions. City Staff will prepare a report for the Board and possibly make a recommendation to the Board. After the public hearing, the Board can grant a variance by majority vote of the Board Members. The Board can grant a variance up to the amount noted in the public notifications, but not more than that. City of Sanger 201 Bolivar/P.O Box 1729 Sanger, T.\ 76266 940-455-2059 (office) 940-458-4072 (fox) www.sanyertexas.ory BANGER *TEXAS VARIANCE REQUEST CRITERIA The Zoning Ordinances sets the following criteria for the granting of variances from its strict terms. In making Its determination, the Board of Adjustment shall consider the following factors: 1. that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district; 2. that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3. that the special conditions and circumstances do not result from the actions of the applicant; 4. that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordnance to other lands, structures or buildings in the same district; and 5. no non -conforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Financial hardship shall not be considered grounds for the issuance of a variance. City of stinger 201 Bolivar/ P.0 Box 1729 Songer, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org BANGER -*TEXAS GUIDELINES FOR LETTER OF INTENT All variance applications should include a Letter of Intent. The Letter of Intent is the applicant's opportunity to describe and justify the proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of the letter prior to the public hearings. Recommended content for a Letter of Intent: • Describe the location of the subject property. The description can include any or all of the following: o Physical address o Legal description, such as a tract and abstract, or a lot, block, and subdivision o Location (southwest corner of This Street and That Road, across the street from Landmark). • Describe the requested variance, such as a reduction In the minimum required rear yard from 25 feet to 20 feet. • Describe how the request matches the criteria required for a variance. • Contact information for the applicant or representative. This can be the owner, the prospective buyer, or someone else designated as point of contact. GUIDELINES FOR SITE PLAN All variance applications should include a Site Plan. The Site Plan is the applicant's opportunity to graphically describe the proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of the site plan prior to the public hearings: Recommended content for a Site Plan: • property lines with dimensions • existing building and structures, with distances from property lines and other structures labeled • proposed structures with dimensions and distances labeled • required setback lines • proposed variance with dimensions labeled Applicants are also encouraged to submit pictures of the property, pictures of the existing buildings, and/or pictures or drawings of the proposed structures. City of Sanger 201 6011var/P.0 Box 172.9 Sanger, TX 76266 9,10-458-2059 (office) 940-458-4072 (fax) milmsongertexas.org April 24, 2019 To: The City of Sanger, Texas Letter of intent/Request for variance. Physical address: 109 S. 8th St., Sanger, Tx. 76266 Legal Description: Lot 8 Easley addition. (See attached survey.) Location: West side of South 8th St. between Cherry and Willow. Second house from Cherry St. Request to be allowed to use Textured Hardie Panels instead of Stucco for outside walls. Textured Hardie Panels are made of cement fiber and will look like stucco from the street. This building will be behind my home and hardly visible from the street. Contact Information: Owner, Bryan R. Galloway, 940-367-7423 BryaR. Galloway 109 S, 8th St. Sanger, TX. 940-367-7423 MEN m A SON EMPIRE MINIMMININ BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ®Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal I LJ Yes M Not Applicable Council Meeting Date: Submitted By: May 20, 2019 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials AcDate ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing Regarding Abandoning Approximately 0.046-acre of Right -of -Way of Pecan Street between North 7th St and North 8th Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject right-of-way is a 10' section on the south side of Pecan St between 7th St and 8th St. The right- of-way along Pecan is currently 80'. Per the thoroughfare plan the minimum right-of-way is 50'. The lots along this block do not currently meet the minimum lot width and the house on the subject property sets within the right of way. The owner is requesting to abandon this right-of-way to make the lots conform to the zoning standards and to remove the structure from the prescribed right-of-way. STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: N/A BANGER �k T E X A S COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ej Yes ® Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: May 20, 2019 Muzaib, Planner, Development Services City Manager Reviewed/Approval Initials Date U ACTION REQUESTED: ®ORDINANCE 05-13-19_ ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss, and Possibly act on Ordinance #05-13-19 Abandoning Approximately 0.046-acre of Right -of -Way of Pecan Street between North 7th St and North 8th Street. FINANCIAL SUMMARY MN/A ❑GRANT FUNDS [—]OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED [_]NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The subject right-of-way is a 10' section on the south side of Pecan St between 7th St and 8th St. The right- of-way along Pecan is currently 80'. Per the thoroughfare plan the minimum right-of-way is 50'. The lots along this block do not currently meet the minimum lot width and the house on the subject property sets within the right of way. The owner is requesting to abandon this right-of-way to make the lots conform to the zoning standards and to remove the structure from the prescribed right-of-way. STAFF OPTIONS & RECOMMENDATION Staff finds that there are no public utilities present within the subject right-of-way. Staff recommends adoption of the ordinance to abandon approximately 0.046 acre the right-of-way of Pecan St between 7ch St and 8th St. See staff report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Staff Report Agencies: • Location Map N/A • ROW Abandonment Request • Ordinance #05-13-19 • Exhibit A • Exhibit B • Exhibit C • Real Estate Appraisal Report SANGER CITY COUNCIL STAFF REPORT *TIE XAS Meeting Date: May 20, 2019 Case #: 19SANZON-0002 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Consider, Discuss and Act on Ordinance # 05-13-19 Regarding a Request for Right -of -Way Abandonment of 0.046 Acres of Pecan Street Between North 7th Street and North 8th Street, Located North of the Property Described as Sullivans West Block 4(N55'). Applicant: Jerald Yensan Case Overview Applicant is replatting Sullivans West Block 4(N55') lot into two lots for residential use. The i property is located in SF-10 (Single Family Residential District - 10). The tract of land does not meet the lot width requirement of 60 feet for SF-10 District currently and is a legal non -conforming lot. With the replat, the applicant is required to meet all of SF-10 Zoning District requirements. Since the proposed 2 lots would not meet the width requirement, the applicant is requesting that the City abandons 10 feet of Right -of -Way (ROW) on Pecan Street adjacent to the subject property, and incorporate it into the Sullivans West Block 4(N55') property. This will allow the two proposed lots to conform to the SF-10 zoning district requirements. The applicant has indicated willingness to financially compensate for the abandoned ROW area with an amount determined by a Real Estate Appraisal Report. The existing ROW on Pecan Street is 80 feet in width between North 7th Street and North 8th Street which was dedicated through Sullivans West Addition Plat. The minimum ROW width requirement for a residential street is 50 feet according to Section 5 of the Subdivision Ordinance. The abandonment of 10 feet of Pecan Street ROW along the Sullivans West Block 4(N55') property will result in 70 feet width of Pecan Street ROW with 30 feet south of the centerline and 40 feet north of the centerline. The ROW width of adjacent cross streets on either side of this section of Pecan Street are less than 70 feet, North 7th Street being 60 feet and North 8th Street being 50 feet in width. Staff finds that 70 feet is enough ROW width for the section of Pecan Street between North 7th Street and North 8th Street. There is no utility infrastructure in the subject area. Also, the existing single family residential structure on proposed Lot 2-R of Sullivans West Addition encroaches on the existing 80 feet ROW on Pecan Street. Approval of the proposed ROW abandonment would remove the structure from prescribed ROW. Public Notification Staff mailed sixteen (16) public notification to properties within 200 feet of the subject ROW. Staff Recommendation Staff recommends APPROVAL, with appropriate financial compensation to the City, of the proposed ROW abandonment and adoption of Ordinance # 05-13-19, abandoning approximately 0.046 acres of right-of-way of Pecan Street between N 7th Street, and N 8th Street. Attachments • Location Map • ROW Abandonment Request • Ordinance # 05-13-19 • Exhibit A • Exhibit B • Exhibit C • Real Estate Appraisal Report y R58079 R5817i I1I �I R58087 R58197 -- I Sanger I i R5W70 R58073 R58098 R5 815 8 d •R58101 �" R196295 _ A T—M .R58091 R.58995 R58150 04 Loa n(d] all I R159020 (i+ , R159021 R159023 R159024 Pecan ( Street ROW Abandommnet i DEPARTMENT OF hl TECHNOLOGY 6ERVICEr � Y This product is forinformational purposes and may not have been prepared for or be f suitableforlegal, engneemg, or surveying purposes. It does not represent an on-heyround 0 25 50 100 survey and represents only the approximate Feet relative location of property boundaries. Denton County does not guarantee the correctness http://www.dentoncounty.com or accuracy of any features on this product and j assumes no responsiblity in connection therewith. I This product may be revised at any time without oEraTON ccurrrv+ I noti cafion to any user. City of Sanger, Texas Muzaib Riaz Planner, Development Services February 5, 2019 Please see attached documents for the right-of-way abandonment request for Pecan Street. Enclosed are: Survey/Site plan to demonstrate the need for the abandonment Exhibits "A" and "B", survey and description of the area to be abandoned. We are platting two lots and one of the lots has an existing house which encroaches into the Pecan Street right-of-way. Pecan Street has an existing right-of-way of 80.0 feet and we are asking for a ten foot strip which would reduce the right-of-way to 70.0 feet which is still more that 71h and 8th Streets which have rights-o-way of 50.0 and 60.0 feet. Sincerely, Jerald D. Yensan, RPLS 4561 President, Landmark Surveyors LLC ' _ : ma Denton, Texas 76207 (940) 382-4016 ORDINANCE # 05-13-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ABANDONING THE RIGHT-OF-WAY (ROW) OF APPROXIMATELY 0.046 ACRES OF PECAN STREET BETWEEN NORTH 7TH STREET AND NORTH 8TH STREET, ADJACENT TO THE PROPERTY DESCRIBED AS SULLIVANS WEST BLOCK 4(N55'); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for right-of-way (ROW) Abandonment were duly filed with the City of Sanger, Texas, by GDHI Investment LLC, the current owner of property described as Sullivans West Block 4(N55'), concerning the hereinafter described property; and WHEREAS, the City Council has reviewed the public necessity of maintaining this right- of-way, and has found that this right-of-way no longer serves a valuable enough public interest to merit its continued maintenance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a certain approximately 0.046-acre of right-of-way of Pecan Street, between North 71h Street and North 8th Street as described in Exhibit A, and illustrated in Exhibit B and Exhibit C, and generally located adjacent to the property described as Sullivans West Block 4(N55') is subject to this ordinance. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary EXHIBIT "A" R.O.W. ABANDONMENT 0.046 ACRE BEING all that certain lot, tract, or parcel of land situated in the R. Bebee Survey Abstract Number 29 in the City of Sanger, Denton County, Texas, being a part of Pecan Street, a public roadway having a right-of-way of 80.0 feet, and being more particularly described as follows: BEGINNING at a capped iron rod marked RPLS 4561 set for corner in the west line of 7th Street, a public roadway having a right-of-way of 60.0 feet, said point being the northeast corner of that certain "Tract One" of land conveyed by deed from Westoplex Renewal Company. LLC to GDHI Investments, LLC recorded under Document Number 2018- 107833, Real Property Records, Denton County, Texas; THENCE S 860 31' 39" W, 200.00 feet with the north line of said "Tract One" and with the north line of "Tract Two" of said GDHI Investments, LLC tract to a capped iron rod marked RPLS 4561 set for corner in the east line of 8th Street, a public roadway having a right-of- way of 50.0 feet; THENCE N 030 41' 54" W, 10.00 feet with said east line of said 8th Street to a capped iron rod marked RPLS 4561 set for corner; THENCE N 860 31' 39" E, 200.00 feet to a capped iron rod marked RPLS 4561 set for corner; THENCE S 030 41' 54" E, 10.00 feet to the PLACE OF BEGINNING and containing 0.046 acre of land. EXHIBIT B o S 3 1,54 E - 10.00' I 200.00' NI341'54" W N 86 31 '39" E 10.00' S./. S.I.R. 200.00 _ S 8631'39" W PO B I � CAPPED FIR L!J O of TRACT ONE i W ^ TRACT TWO ' WESTOPLEX RENEWAL CO., LLC. 3: WESTOPLEX RENEWAL CO., LLC. TO BLOCK 4 J.R. SULLIVANS TO GDHI INVESTMENTS, LLC. - o G ADDITION DOGR#P.R�D.C.T. zt DOICN 0 8STMEI107833C VOL.S75, PG. D.R.D.C.T. I M o R.P.R. D.C.T. Ln I , S.I.R. Z S 8631739 KEITH BRIGGS AND I WIFE MILDRED BRIGGS I LOT 1R, BLOCK 4 TO I I J.R. SULLIVANS THE BRIGGS FAMILY TRUST l i WEST ADDITION DOC. #2017-45171 CAB. 0, PG. 300 R.P.R.D.C.T. I I P.R.D.C.T. EXHIBIT 1 V 11 R. O. W. ABANDONMENT 0.046ACRE (2000 S.F.) IN THE R. BEBEE SURVEYA-29 CITY OF SANGER DENTON COUNTY, TEXAS ANDMAIW SURVEYORS, LLC. TX FIRM REGISTRATION NO. 10098600 or 74. BALD YENS.tl ...__45t, Basis of Bearing is the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983, as determined from GPS observations. B.L. = BUILDING LINE CAN = CABLE TV BOX CC/P = COVERED PAAO/PORCH CID = CONCRETE DRIVE 0/0 = SANITARY SEWER CLEANOUT C/P = CONCRETE PA770/PORCH C/W = CONCRETE SIDEWALK D.E. = DRAINAGE EASEMENT E.B. = ELECTRIC BOX F.H. = FIRE HYDRANT F/.R. = FOUND IRON ROD FOC = FIBER OP77C CABLE GLM = GAS LINE MARKER L.P. = UGHT POLE P.P. = POWER POLE S.LR = SET CAPPED 1/2- RPLS 4561 IRON ROD S.P. = SERVICE POLE SSMH = SANITARY SEWER MANHOLE STY MH=STORM SEWER MANHOLE TEL PED. = TELEPHONE BOX W/D = WOOD DECK W/M = WATER METER W/V = WATER VALVE U.E. = U77LITY EASEMENT 4238 I-35 NORTH FENCE — X — OVERHEAD POWER LINE OH — DENTON, TEXAS 76207 DRAWN BY: BTH (940)382-4016 FAX 940 387-9784 SCALE: 1 "=40' DATE: 04 FEBRUARY, 2019 JOB NO: EXHIBIT C 1 I p o LR. e5�_________ � �� R.O.W. PROPOSED ' <R I ABANDONMENT I; i T N 86:71'J9' E 1 I -srr rRu� us � d ha eu r< ecw i I alLOT 4 LOT 3-R wt S aaY � 2-R ' i� Mid a� 10. 7S PG 144 ORU.GT. I SS � SP, iiii I Sn 100.00 P1R S 86 V,39. U cH I I, KE11BR1005 ANO i I i LOT 1R BLDCK 4 � � i WIFE RDREO BRIGGS �n M TO i .tR. SULLIVANS WEST ADDITION THE Bi8GC5 FAMILY TRUST ai DOG CAB. O, PG. 2100 P.R.O.C.T. T17-45171 R.P.R.O.C.T. , Ba4s of 8careg aUe 5la(e PMm Coortiw45,s m. Tesas 11—C-9 Zom (I30n. NoM Pmer'ran Oahxnc! 1983, as tle#mirx4lmn, GPS observations. SURVEYPLAT 0. 2.12 ACRE IN THE R. REBEESURIIEYA-29 CITYOF SANGER DENTON COUNTY, TEXAS LLC. OR - da _ m BEING PART OF BLOCK 41 SULLIVAN WEST ADDITION CITY OF SANGER, TEXAS DENTON COUNTY, TEXAS LOCATED ON S/S PECAN STREET, W/S 7"' STREET & E/S 8P' STREET FEBRUARY 19, 2019 FWWOM105MIM MR. SANTOSH CHAUDHARY 3500 CRISOFORO DR. DENTON, TEXAS 76207 PREPARED BY ADVANCED APPRAISAL SERVICES sq! Eq E 0 gooLm` , qwag 1.11 S. TRINITY ST. 3228 BROKEN ARROW RD. DECATUR, TX 76234 DENTON, TX 76209 (940) 627-4498 (940) 387-2101 REAL ESTATE APPRAISAL REPORT This is an appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2 of the Uniform Standards of Professional Appraisal Practice for a Restricted Appraisal Report. As such, it presents no discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. The depth of discussion contained in this report is specific to the needs of the client and for the intended user stated below. The appraiser is not responsible for unauthorized use of this report. Further, in accordance with prior agreement between the client and the appraiser, this report is the result of a restricted appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice may be invoked. The intended user of this report is as indicated below and referred to hereinafter as the client. CLIENT: Mr. Santos Chaudhary 3500 Crisoforo Dr. Denton, TX 76207 ADVANCED APPRAISAL SERVICES Steve D. Goolsby, MBA I I I S. Trinity St 3228 Broken Arrow Rd Decatur, TX 76234 Denton, TX 76209 SUBJECT PROPERTY: A tract of land (surface rights only) consisting of approximately 2,000 square feet located on the south side of Pecan Street, the west side of 71 Street and the east side of 8tn Street within the city of Sanger within the northern portion of Denton County, Texas. A portion of the subject property is currently improved with a portion of a single family residential structure. However, this analysis is relevant only to the portion of the site value that consists of approximately ten feet of frontage on Pecan Street, which is a portion of a tract of land consisting of approximately 11,000 square feet, and is based on the hypothetical condition of being vacant. M e PURPOSE OF THE APPRAISAL: To estimate market value based on the following definition of Market Value: Market Value — "The price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which is either is or in all reasonable probability will become available in the reasonable future." 1: City ofAustin v. Cannizo, 153 Tex. 324, 267 S.W.2d 808, 815 (Tex. 1954). -X rdState 837 S.W.2d 73, 77, (Tex. 1992); (Po[k County v. Tenneco, Inc., 554 S.W.2d 918, 921 (Tex. 1977); ooswelT-v. (Brazos Efect& Tower Look, Inc. 910 S.W.2d as 593, 601 (Tex. App. — Fort Worth 1995, writ denied). For the sole purpose of assisting the client, Mr. Santosh Chaudhary, for asset assessment purposes of the surface rights of the fee simple estate of the subject property subject to the enclosed limiting conditions and assumptions, as well as the aforementioned hypothetical condition, as of the date of valuation. 1191volti As defined by the The Dictionary of Real Estate Appraisal (Sixth Edition, 2015), sponsored by the Appraisal Institute, the property rights being appraised of Fee Simple Estate are defined as "absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat". EFFECTIVE DATE OF VALUE: February 19, 2019 DESCRIPTION OF REAL ESTATE APPRAISED: The subject property is located in an immediate area improved with varied uses with a predominance of single family residential uses, being located within the city of Sanger in the northern portion of Denton County, Texas. M114#1 tm WR 12 113; 1063 a Highest and best use as though vacant: Single Family Residential Highest and best use as improved: Single Family Residential LIMITING CONDITIONS AND ASSUMPTIONS This appraisal report is subject to the following assumptions and limiting conditions and to special assumptions set forth in the various sections of the appraisal praisal report. These special assumptions are considered necessary by the appraiser to make a property estimate of value in accordance with the appraisal assignment and are made a part herein, as though copied in full: 1. LIMIT OF LIABILITY — Liability of Steve D. Goolsby, dba Advanced Appraisal Services, is limited to the fee for preparation of the appraisal. There is no accountability to any third party. 2. COPIES, PUBLICATION, DISTRIBUTION, USE OF REPORT — Possession of this report or any copy thereof does not carry with it the right of publication, nor may it be used for purposes other than its intended use; the physical report(s) remain the property of the appraiser for the use of the client, the fee being for the analytical services only. This report may not be used for any purpose by any person or corporation other than the client or the party to whom it is addressed or copied without the written consent of the appraiser, and then only in its entirety. 3. CONFIDENTIALITY — The appraiser may not divulge the material (evaluation) contents of the report, analytical findings or conclusions, or give a copy of this report to anyone other than the client or his designee as specified in writing (except as may be required by the Appraisal Institute as they may request in confidence for ethics enforcement), or by a court of law or body with the power of subpoena. This appraisal is to be used only in its entirety and no part is to be used without the whole report. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraiser who signature appears on the appraisal report, unless indicated as "Review Appraiser". No change of any item in the report shall be made by anyone other than the appraiser, and the appraisal firm shall have no responsibility if any such unauthorized change is made. 4. TRADE SECRETS — This appraisal was obtained from Advanced Appraisal Services and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under PUS. C.. 552 (6) (4). Notify Steve D. Goolsby of any request to reproduce this appraisal in whole or in part. 5 5. INFORMATION USED — No responsibility is assumed for accuracy of information furnished by or from others, the client, his designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report is considered appropriate for inclusion to the best of our factual knowledge and judgment. 6. TESTIMONY, CONSULTATION, COMPLETION, OR CONTRACT FOR APPRAISAL SERVICES — The contract for appraisal and consultation or analytical services is fulfilled and the total fee payable prior to or upon completion and delivery of the report. The appraiser or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal, in full or in part, nor engage in post appraisal consultation with the client or third parties except under separate and special arrangement at an additional fee. 7. EXHIBITS — The sketches and maps in this report are included to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status, as of the date of the photos. 8. LEGAL, ENGINEERING, FINANCIAL, STRUCTURAL OR MECHANICAL NATURE, RIDDEN COMPONENTS, SOIL — No responsibility is assumed for matters legal in character or nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature. No opinion is rendered as to the title, which is presumed to be good and merchantable. The property is appraised as if free and clear, unless otherwise states in particular sections of the report. The legal description is assumed to be correct as used in this report as furnished by the client, his designee, or as derived from other sources by the appraiser. The appraiser has inspected, by observation, the land the improvements thereon; however, it is not possible to personally observe conditions beneath the soil or hidden structure, or other components, or any mechanical components within the improvements; no representations are made herein as to these matters unless specifically stated and considered in the report; the value estimate considers there being no such conditions that would cause a loss of value. The land or the soil of the area being appraised appears firm; however, the degree of subsidence in the area is unknown. The appraiser does not warrant against this condition or occurrence of problems arising from any adverse soil conditions. This appraisal is further based on there being no hidden, unapparent, or apparent conditions of the property site, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for any such condition or for any expertise or engineering to discover them. All mechanical components are assumed to be in operable condition and status standard for properties of the subject type. Condition of heating, cooling, electrical and plumbing equipment is considered to be 0 commensurate with the condition of the balance of the improvements unless otherwise stated. 9. THE EXISTENCE OF HAZARDOUS SUBSTANCES — No judgment is made as to the adequacy of type of insulation or energy efficiency of the improvements or equipment. Further, unless otherwise stated in this report, the appraiser has no knowledge of the existence of hazardous waste products of any resultant contamination, including without Iiinitation, asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or the environmental conditions which are not called to the appraiser's attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde, foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated of predicated on the assumption that there is not such condition or in the property in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, not for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in the field of environmental impacts upon real estate if so desired, as the appraiser is not qualified to render an opinion regarding such. Further, the appraiser has not commissioned an environmental audit of the property being appraised, nor has such a report been provided to the appraiser that would indicate presence or absence of hazardous materials or contamination. The appraiser represents that he is not an expert to appraise insulation or other products banned by the Consumer Products Safety Commission which might render the property more or less valuable, and in connection with this appraisal, the appraiser has not inspected for, tested for, nor taken into consideration in any respect, the presence or absence of insulation or other products described or referred to above. Therefore, the appraiser assumes no responsibility in the event the presence or absence or insulation, hazardous waste contamination, or other products increase or decrease the value of the property from the value placed thereon by the opinion of the appraiser, 10. LEGALITY OF USE — The appraisal is based on the premise that there is full compliance with all applicable federal, state and local environmental regulations and laws unless otherwise stated in the report. Further, that all applicable zoning, building, and use regulations and restrictions of all types have been complied with unless otherwise stated in the report. Further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority from local, state, federal and/or private entities or organizations have been or can be obtained or renewed for any use considered in the value estimate. 11. VALUATION - The separate valuation for land and building must not be used in conjunction with any other appraisal and are invalid if so utilized. 7 12. AUXILIARY AND RELATED STUDIES• No environmental or impact study, special market study or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or is in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates, or conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to them. 13. DOLLAR VALUES, PURCHASING POWER — The value estimated and the costs used are as of the date of appraisal and are based on the purchasing power and price of the dollar. 14. PROPOSED IMPROVEMENTS, CONDITIONED VALUE — Improvements proposed, if any, on or off -site, as well as any repairs required, are considered, for purposes of this appraisal, to be completed in a good and workmanlike manner according to information submitted and/or considered by the appraiser. In cases of proposed construction, the appraisal is subject to change upon inspection of the property after construction is completed. This estimate of market value is as of the date shown, as proposed, as if completed and operating at levels shown and projected. 15. INCLUSIONS — Furnishings and equipment or business operations, except as specifically indicated and typically considered as a part of the real estate, have been disregarded with only the real estate being considered. 16. VALUE, CHANGE, DYNAMIC MARKET, INFLUENCES — The estimated market value is subject to change with market changes over time; value is highly related to exposure, time, promotional effort, terms, motivation and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the market place. The "estimate of market value" in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. In cases of appraisal involving the capitalization of income benefits, the estimate of fair value is a reflection of such benefits and appraiser's interpretation of income and yields and other factors derived from general and specific market information. Such estimates are as of the date of the estimate of value; they are thus subject to change as the market is dynamic and may naturally change over time. N 1.7. RELIABILITY UPON OUTSIDE INFORMATION — This appraisal has been performed with the following general assumptions: A. That the title to the subject property is merchantable and that the property is free and clear of all liens and encumbrances, except for mortgages in good standing; B. That the legal description, dimensions and/or areas of parcel and survey, if provided to the Appraiser, are accurate and correct showing the property placement of any improvements; C. No responsibility is assumed for matters including legal or title consideration; title is assumed to be good and marketable unless otherwise stated. The information furnished by others is believed to be reliable; however, no warranty is expressed herein for its accuracy. All engineering is assumed to be correct; any plot plan and illustrative material in this report are included only to assist the reader in visualizing the property. D. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. It is further assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered herein. 18. GENERAL TERMS — A. The appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or be in attendance in court or any legal or litigating procedure with reference to the property in question unless additional financial arrangements have been previously made that the appraiser approves of and is in agreement with. B. Any forecasts, projections, or operating estimates contained herein are based upon current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are subject to changes in future conditions. C. It is hereby certified to that the Appraiser is not involved in the lending or collections functions of any institution requesting this appraisal and that the Appraiser has no interest, financial, or otherwise in the property. Furthermore, the employment of the Appraiser has not been conditioned on the appraisal producing a specific or minimal value, or a value within a given range, or the approval of a loan. It is further hereby certified to that the Appraiser has no direct or indirect interest, financial, or otherwise, in the property, or with the borrower or the seller of the property, and possesses sufficient experience, educational background, and expertise in relation to this engagement and the subject property to satisfy the Competency Provision of the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation. The appraiser warrants that he is in compliance with all applicable State and Federal Licensing and Certification Regulations and is eligible and competent to perform appraisals of properties of this nature in the State of Texas. 19. MANAGEMENT OF THEi PROPERTY — It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management, neither inefficient nor super -efficient. 20. COMETENCY PROVISION _ The appraiser has appraised numerous commercial, industrial, retail, residential, agricultural, and special purpose properties throughout the state of Texas with over 40 years of appraisal experience as well as providing testimony as an expert witness in numerous different types of litigation related to real estate. 21. PROPERTY VALUATION — This appraisal of the estimated market value of the property referred to as the subject within this report is applicable only to the surface rights with no mineral rights being considered or included in this valuation analysis and specifically assumes the following: As indicated by the documents provided to the appraiser and the Denton Central Appraisal District, the land area for the subject tract of land is estimated as follows: Approximately 2,000 Square Feet out of a tract of land consisting of approximately 11,000 Square Feet IN There are three approaches which may be used in the appraisal of real estate. These approaches to value include the Direct Sales Comparison Approach, the Cost Approach, and the Income Approach. These approaches are defined the The OictivnaryoftealEstateA dsponsored by the Appraisal Institute (Sixth Edition, 2015), as follows: The Cost Approach is "A set of procedures through which a value indication is derivedfor tyre fee simple estate 6y estimating the current cost to construct a reproduction of (or replacement for) the e*ting structure, including an entrepreneurial incentive of profit, deducting depreciation from the totalcost, andadding the estimated landvalue. Adjustments may then 6e made to the indcatedvalue of the fee simple estate in the subject property to rejTect the value of the property interest being appraised: " The Direct Sales Comparison Approach is "The process of deriving a value indication for the subject property 6y comparing sales of similar properties to the property being appraised, identt&ing appropriate units Of comparison, and making adjustments to the sales prices (or unit prices, as appropriate) of the comparable property 6asedon relevant, market-derivedefements of comparison. q& Safes Comparison Approach may be used to value improved property, vacant land, or land 6eing considendas though vacant when an adequate supply of comparable safes data is avaifa6fe." The Income Capitalization Approach is "Specific appraisalteclrniques applred to develop a value indication fora property 6asedon its earning capa6ility andcafculated6y the capitalization of property income. " (The Income Approach is widely applied to appraising income producing properties.) 11 COMPARABLE LAND SALE 41 Location: 311 Oak St, Sanger, TX Legal: Pt BI 7, Hampton Addn Grantor: Latham Jones Grantee: Whitworth Custom Homes Date of Sale: 12/07/17 Recorded: Deed Vol. 2017-150523 Site Size: 0.1787 Acres, or 7,788 SF Shape: Regular Zoning: SF Residential Utilities: All available Flood Plain: None Topography: Rolling Frontage: Oak St & Marshall St Improvements: None of contributory value Sales Price: $37,500, or $4.82/SF Terms: Cash to seller Source: MLS # 13710995 Location: 609 S. 10"' St, Sanger, TX Legal: Tierwester Survey, Abst 1241 Grantor: Hughes Family Partners Grantee: Truth Construction Date of Sale: 07/10/17 Recorded: Deed Vol. 2017-83591 Site Size: 0.157 Acres, or 6,839 SF Zoning: SF Residential Shape: Regular Utilities: All available Flood Plain: None Topography: Rolling Frontage: S. I Oh St. & Austin St. Improvements: None of contributory value Sales Price: $25,000, or $3.66/SF Terms: Cash to seller Source: MLS #13592988 Location: 309 Oak St, Sanger, TX Legal: Pt BI 7, Hampton Addn Grantor: Latham Jones Grantee: Whitworth Custom Homes Date of Sale: 12/07/17 Recorded: Deed Vol. 2017-150509 Site Size: 0.2514 Acres, or 10,950 SF Shape: Regular Utilities: All available Flood Plain: None Topography: Rolling Zoning: SF Residential Frontage: Oak- St - Improvements: None of contributory value Sales Price: $37,500, or $3.44/SF Terms: Cash to Seller Source: MLS #13715964 Location: SEC Willow St & Jones St, Sanger, TX Legal: A. Tierwester Survey, Abst 1241 Grantor: Colored M E Church of America Grantee: Steve Magers Date of Sale: 05/22/17 Recorded: Deed Vol. 2017-60646 Site Size: 0.080 Acres, or 3,485 SF Shape: Regular Utilities: All available Flood Plain: None Topography: Rolling Zoning: SF Residential Frontage: Willow St & Jones St Use: (Setbacks prohibit a building permit due to size of tract) Improvements: None of contributory value Sales Price: $4,000, or $1.15/SF Terms: Cash to Seller Source: MLS #13499125 DESCRIPTION SUBJECT SALE 1 SALE 2 SALE 3 SALE 4 Sales Price N/A $37,500 $25,000 $37,500 $4,000 Sales Price/SF N/A $4.82 $3.66 $3.44 $1.15 Sales Date 02/19 DOV 12/17 07/17 12/17 05/17 Size (SF) 2,000 7,788 6,839 10,950 3,485 Shape Regular Regular Regular Regular Regular NECESSARY ADJUSTMENTS Time of Sale/Terms +10% +10% +10% +10% Size -60% -60% -60% - 0 - Physical Charac/Location - 0 - - 0 - - 0 - +50% Net Adjustments -50% -50% -50% +60% Final Adjusted Price/SF $2.41 $1.83 $1.72 $1.84 Estimated MV = $1.85/SF x 2,000 SF = $3,700 APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser inspected the subject property, surrounding properties, and market area. The appraiser solely utilized the Sales Comparison Approach to Value to estimate the value of the property by comparison of other similar properties within the subject market area. Due to the nature of this property, the Cost Approach is not considered a reliable means by which to estimate market value, as this analysis is based on the hypothetical condition of the property not being improved with improvements considered to contribute value to the property's value. While properties of this nature would typically be acquired for single family residential purposes, rental data for properties of this nature would typically not be considered a reliable indication of market value; therefore, the Income Approach is not deemed a reliable indicator of value as relevant to properties of this nature. Thus, only one of these three recognized approaches to value, the Direct Sales Comparison Approach is considered a reliable means by which to estimate market value and have been utilized and presented herein. This Appraisal Report sets forth only the appraiser's conclusions, is subject to the hypothetical condition of being unimproved, and is relevant to the real property only with no business interests, personal property, or mineral rights having been included in this valuation analysis. RECONCILIATION AND CONCLUDED VALUE: As previously explained, the analyses of the pertinent facts and date which were considered to influence the value of the subject property analyzed herein based on the hypothetical condition that the property is not improved with existing improvements as of the date of valuation which led to the following market value estimate for the property as of the date of valuation: $3,700 OWNERSHIP/MARKETING tFISTORV: The subject property is reportedly owned by GD111 Investments, LLC as of the date of valuation as evidenced by deed dated August 30, 2018 from Westoplex Renewal Co., LLC as recorded in Deed Volume 2018-107833. Previous ownership was Cory & Kasey Jordan, having obtained the property from Nim Ashley by deed dated July 25, 2012 and recorded in Deed Volume 2012- 83347 of the Denton County Deed Records. The appraiser is not aware of any marketing efforts relevant to the subject property as of the date or valuation. INDICATED EXPOSURE TIME: Due to the nature of the property and other competing properties within the market place, the market exposure time is estimated to be from two to eight months. 15 Respectfully submitted, ADVANCED APPRAISAL SERVICES Steve 0- Cools6y, 90A 16 GO EMG C'ETMTICA7IO9k[ I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The report analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved within this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direct in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. This appraisal assignment was not conditioned on the appraisal producing a specific value, a value within a given range, or the approval of a loan. I. have made a personal inspection of the subject property. The undersigned appraiser has appraised numerous retail, commercial, rural, residential, and special purpose properties throughout the state of Texas for over 40 years but has not appraised the subject property within the past year from the date of this report. No one provided significant professional assistance to the person(s) signing this report. Steve Q GooGsby, ',If(B-4, pprauer STEVE D. GOOLSBY, MBA STATE CERTIFIED GENERAL REAL ESTATE APPRAISER — TEXAS STATE CERTIFICATION NUMBER: TX-1321957-G BUSINESS ADDRESS: ADVANCED APPRAISAL SERVICES I I I S. Trinity St 3228 Broken Arrow Rd Decatur, TX 76234 Denton, TX 76209 (940) 627-4498 (940) 387-2101 EDUCATION: Master of Business Administration University of North Texas, Denton, TX Bachelor of Science — Economics/Banking & Finance SE Oklahoma State University, Durant, OK EMPLOYMENT: Self-employed since 1980 accepting assignments in the appraisal of commercial, rural, residential, industrial, retail, agricultural, and special purpose properties as well as brokerage, real estate development, and financial services. Previously employed as Instructor of appraisal and other real estate courses at Texas A&M G& Commerce, Commerce, TX, SE Oklahoma State University, Durant, OK, & Weatherford College, Weatherford, TX. GENERAL: Successfully completed the following courses offered by the Appraisal Institute, the Columbia Institute, and the Lincoln Graduate Center: Real Estate Appraisal Principles Basic Valuation Procedures Intro to Appraising Real Property Principles of Income Property Appraising Applied Income Property Valuation Standards of Professional Appraisal Practice Report Writing & Valuation Analysis Practice of Condemnation Appraisal In addition, numerous other real estate and appraisal courses offered at the University of Texas @ Arlington, the University of North Texas, SE Oklahoma State University, Mountain View College, the Appraisal Institute, the Columbia Institute, & the Lincoln Graduate Center ASSIGNMENTS: Provided testimony as an Expert Witness relevant to real estate values in federal, district, county, special commissioners, and municipal court proceedings, having prepared appraisals and other analyses for financial institutions, attorneys, utility companies, municipalities, school districts, accountants, developers, and individuals BANGER ,*TEXAS MONTHLY FINANCIAL REPORT March 31, 2019 This is the financial report for the period ended February 28, 2019. Revenues and expenditures reflect activity from October 1, 2018 through March 31, 2019 or fifty percent (50%) of the fiscal year. GENERALFUND • The General Fund has collected seventy-four percent (74%) of projected revenues. All revenues are performing within projections. • Year to date General Fund expenditures are forty-five percent (45%) of the annual budget. All expenditure categories are within projections. ENTERPRISE FUND • The Enterprise Fund has collected forty-seven percent (47%) of projected revenues. All revenue categories are performing within projections. • Year to date Enterprise Fund expenditures are forty-five percent (45%) of the annual budget. All expenditure categories are within projections. Combined General & Enterprise Fund Expenditures by Classitication Expenditure Category Annual Budget Expenditures & Percent of Encumbrances Budget Salaries & Benefits $ 6,110,292 $ 2,764,172 45% Supplies & Materials 592,054 220,686 37% Maintenance & Operations 7,189,809 3,491,779 49% Contract Services 1,948,074 1,061,604 54% Utilities 524,050 222,727 43% Capital Expenses 542,822 128,896 24% Debt Service 1,759,439 551,121 31% Other Department Expense 117,906 8,266 7% Transfers 1,032,720 853,860 83% Total $ 19,817,166 $ 9,303,111 47% Page 1 of 11 CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES March 31, 2019 Operating Revenues Property Taxes Sales & Beverage Taxes Franchise Fees Solid Waste Licenses & Permits Fines & Forfeitures Department Revenues Interest & Miscellaneous Total Operating Revenues Operating Expenditures Administration Police & Animal Control Fire & Ambulance Municipal Court Development Services Streets Parks & Recreation Library Solid Waste Total Operating Expenditures Revenues Over (Under) Expenditures Transfers Transfer In From Enterprise Fund Transfer In From Enterprise Fund - PILOT Transfer In From Debt Service Fund Transfer Out To Capital Projects Fund Total Transfers Net Change in Fund Balance Fund Balance, Beginning of Year Fund Balance, End of Year Annual Year to Date % of Budget Balance Budget Actual Budget $ 3,631,116 $ 3,633,653 100% $ (2,537) 905,000 425,947 47% 479,053 851,668 454,162 53% 397,506 850,500 450,728 53% 399,772 363,070 173,684 48% 189,386 112,000 37,729 34% 74,271 887,893 476,233 54% 411,660 81,500 20,154 1 25% 61,346 71682,747 5,672,290 1 74% 2,010,457 609,320 285,907 47% 323,413 1,836,453 873,401 48% 963,052 1,602,234 490,995 31% 1,111,239 199,095 83,552 42% 115,543 422,852 194,434 46% 228,418 748,689 389,480 52% 359,209 668,058 370,556 55% 297,502 290,499 136,980 47% 153,519 770,000 412,393 54% 357,607 7,147,200 3,237,698 45% 3,909,502 535,547 2,434,592 (1,899,045) - 85,000 129,352 675,000 - 42,500 - 675,000 0% - 50% 42,500 0% 129,352 100% - (460,648) 74,899 (632,500) $ 1,802,092 171,852 $ (1,727,193) $ (1,727,193) 1,745,609 1,745,609 1,820,508 3,547,701 General Fund Revenues: Actual to Budget Property Taxes Sales & Beverage Taxes Franchise Fees Solid Waste Other Revenues 0% 106% 47% 53% 53% 499/. MONO 25% 50% 75% 100% u YTD Actual o Budget General Fund Expenditures: Actual to Budget Administration 47% Police & Animal Control 48% --r--- Fire & Ambulance 31% Municipal Court 42% u YTD Services 46% :Act�ualDevelopment o Bud Streets 52% Parks & Recreation 55% Library 47% Solid Waste - 54% 0% 25% 50% 75% 100% Page 2 of 11 CITY OF SANGER, TEXAS ENTERPRISE FUND 3-YEAR REVENUE TRENDS March 31, 2019 WATER SALES REVENUE $2,250,000 $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 mww �o�e�cJa,A A `Jaair Q�� P WASTE WATER SALES REVENUE I ■ 2018-2019 0 2017-2018 ■ 2016-2017 PJ ,�ei �eQ $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 0 2018-2019 $750,000 V 2017-2018 $500,000 0 2016-2017 $250,000 mww lug $- - - - - - - - - - --- --- -- -- - - - °eta,A act cr �� as ce J�J Jew et o�e� Se ELECTRIC SALES REVENUE $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 01 °ell oe� J"A O`er o�eF Qe F 0 2018-2019 u 2017-2018 u 2016-2017 PJ �e� 4 Page 5 of 11 CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES March 31, 2019 Annual Year to Date % of Budget Budget I Actual Budget Balance Operating Revenues Water $ 2,027,811 $ 951,693 47% $ 1,076,118 Wastewater 1,964,975 951,848 48% 1,013,127 Electric 7,701,930 3,500,487 45% 4,201,443 Penalties & Fees 217,000 99,660 46% 117,340 Interest 15,000 7,516 50% 7,484 Miscellaneous 68,250 181,770 266% (113,520 Total Operating Revenues 11,994,966 5,692,974 47% 6,301,992 Operating Expenditures Administration Water Wastewater Electric Debt Service Total Operating Expenditures Revenues Over (Under) Expenditures Transfers Out Transfer to General Fund Transfer to 4A Transfer to WW CIP Reserve Transfers to Storm Recovery Fund Transfer to General Fund - PILOT Total Transfers Out Net Change in Fund Balance Fund Balance, Beginning of Year Fund Balance, End of Year 1,421,745 667,115 47% 754,630 1,369,657 625,113 46% 744,544 713,657 260,368 36% 453,289 6,558,565 3,159,371 48% 3,399,194 1,573,622 499,586 32% 1,074,036 11,637,246 5,211,553 45% 6,425,693 357,720 481,421 (123,701) - - 0% - - - 0% - 156,800 78,400 50% 78,400 115,920 57,960 50% 57,960 85,000 42,500 50% 42,500 $ - $ 302,561 $ (302,561) 3,982,069 3,982,069 - $ 3,982,069 $ 4,284,630 $ (302,561) Enterprise Fund Revenues: Actual to Budget Water 47% Wastewater 48% i U YTD Actual Electric 45% o Budget Other Income 96% 0% 25% 50% 75% 100% Enterprise Fund Expenditures: Actual to Budget Administration 47% Water 46% Wastewater 36% UYTDActual Electric 48% p Budget Debt Service 32% 0% 25% 50% 75% 100% Page 4 of 11 CITY OF SANGER, TEXAS GENERAL FUND 3-YEAR REVENUE TRENDS March 31, 2019 CURRENT PROPERTY TAX REVENUE $4,000,000 $3,750,000 $3,500,000 $3,250,000 $3,000,000 $2,750,000 $2,500,000 $2,250,000 $2,000,000 0 2018-2019 $1,750,000 $1,500,000 N 2017-2018 $1, 250,000 $1,000,000 w 2016-2017 $750,000 $500,000 $250,0 $ e SALES & BEVERAGE TAX REVENUE $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100A $ � IN --- — --- --- -- — — oG�°met ,e��et `e��et ,acJat� e�t�atA �atr PQ�� �a� ' e >°\A e FRANCHISE FEE REVENUE 0 2018-2019 N 2017-2018 0 2016-2017 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 0 2018-2019 $300,000 B 2017-2018 $200,000 0 2016-2017 $100,000 O°1°`pet ,e�pet `e�pet >acJatA e�tJatJ � �atr QQ�� �a� >Jce �J�PJ�JSw pet e Page 3 of 11 CITY OF SANGER, TEXAS CASH AND INVESTMENTS March 31, 2019 Name General Fund Enterprise Debt Service Capital Total Fund Fund Projects Fund UNRESTRICTED Cash for Operations $ 2,934,756 $ 2,402,571 $ - $ - $ 5,337,327 Contingency Reserves for Operations 1,018,281 1,015,296 - - 2,033,577 TOTAL UNRESTRICTED $ 3,953,037 $ 3,417,867 $ $ $ 7,370,904 RESTRICTED Debt Service $ - $ 482,500 $ 1,070,054 $ - $ 1,552,554 Water Deposits - 442,448 - - 442,448 Equipment Replacement 219,115 118,049 - - 337,164 Electric Storm Recovery - 1,024,183 - - 1,024,183 Hotel Occupancy Tax 42,964 - - - 42,964 Grant Funds 9,326 9,326 Keep Sanger Beautiful (KSB) 5,526 - - 5,526 Library 96,145 - - - 96,145 Court Security 9,282 - - - 9,282 Court Technology (233) - - - (233) Child Safety Fee 35,944 35,944 Donations 14,668 - - - 14,668 TOTAL RESTRICTED $ 432,737 $ 2,067,180 $ 1,070,054 $ $ 3,569,971 CAPITAL PROJECTS General Capital Projects $ - $ - $ - $ 1,849,516 $ 1,849,516 Enterprise Capital Projects - - - 7,527,005 7,527,005 TOTAL CAPITAL PROJECTS $ - $ - $ - $ 9,376,521 $ 9,376,521 TOTAL CASH AND INVESTMENTS $ 4,385,774 $ 5,485,047 $ 1,070,054 $ 9,376,521 $ 20,317,396 Total Cash & Investments All Enterprise Capital Projects 80% Unrestricted Cash for Operation 72% Capital Projects General Capital Projects 20 Contingency teservesfor Operations 28% Debt Restricted Service 3 OthE 22% Mater posits 0% Equipment Replacement 8% Electric Storm Recovery 24% Page 6 of 11 GENERAL FUND CASH AND INVESTMENTS March 31, 2019 Name Acct. # Maturity Yield Prior Period Current Balance Pooled Cash 001-00-1000 0.05% $ 5,429,983 $ 5,016,567 Employee Benefits Cash 110-00-1000 0.20% 20,802 20,802 Employee Benefits MM 110-00-1010 0.20% 81,555 82,410 Internal Service Fund 180-00-1000 197,628 184,209 OPERATING ACCOUNTS $ 5,729,968 $ 5,303,988 GF Contingency Reserve MM 2487969 001-00-1031 0.20% $ 595,736 $ 595,837 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2019 0.55% 210,568 210,568 GF Contingency Reserve CD 674907 001-00-1043 7/13/2019 0.45% 211,770 211,876 CONTINGENCY RESERVE $ 1,018,074 $ 1,018,281 * GF Equipment Replacement MM 2376237 001-00-1032 0.20% $ 154,993 $ 155,444 * GF Equipment Replacement CD 719706 001-00-1033 7/6/2019 0.45% 63,640 63,671 EQUIPMENT REPLACEMENT RESERVES $ 218,633 $ 219,115 * Hotel Occupancy Tax OSO-00-1000 $ 42,964 $ 42,964 * Police Grant Fund 320-00-1000 9,326 9,326 * Fire Grant Fund 324-00-1000 40,095 40,095 * Library Grant Fund 342-00-1000 14 14 * Beautification Board - KSB 432-00-1000 5,526 5,526 * Library Restricted for Building Expansion 442-00-1000 44,604 44,604 * Library Building Expansion CD 702994 442-00-1035 1/22/2020 0.45% 51,511 51,541 * Parkland Dedication Fund 450-00-1000 22,598 22,598 * Roadway Impact Fee Fund 451-00-1000 485,551 500,551 * Court Security Restricted Fund 470-00-1000 9,189 9,282 * Court Technology Restricted Fund 471-00-1000 (233) (233) * Child Safety Fee Fund 475-00-1000 35,944 35,944 * Police Donations 620-00-1000 78 78 * Fire Donations 624-00-1000 6,000 6,000 * Banner Account for Parks 632-00-1000 2,536 2,536 * Library Donations 642-00-1000 5,960 6,054 OTHER $ 761,663 $ 776,880 TOTAL CASH AND INVESTMENTS $ 7,728,338 $ 7,318,264 TOTAL UNRESTRICTED $ 6,748,042 $ 6,322,269 *Restricted Funds Page 7 of 11 ENTERPRISE FUND CASH AND INVESTMENTS March 31, 2019 Pooled Cash 008-00-1010 0.05% $ 2,409,936 $ 2,402,571 OPERATING ACCOUNTS $ 2,409,936 1 $ 2,402,571 * Pooled Cash * Water Deposit CD 2375850 008-00-1010 0.05% 008-00-1041 1/3/2020 0.45% $ 142,206 300,000 $ 142,448 300,000 WATER DEPOSIT REFUND ACCOUNT $ 442,206 $ 442,448 *Combined EF Debt Service MM 2376113 008-00-1039 0.20% 402,432 482,500 BOND FUNDS $ 402,432 $ 482,500 EF Contingency Reserve MM 2809753 EF Contingency Reserve CD 787860 EF Reserve CD 642541 008-00-1012 0.20% 008-00-1014 2/14/2020 0.45% 008-00-1040 9/25/2020 0.45% $ 594,263 314,434 106,264 $ 594,364 314,615 106,317 CONTINGENCY RESERVES $ 1,014,961 $ 1,015,296 * EF Storm Recovery MM- 2% Electric Rev * EF Equipment Replacement MM 2376202 008-00-1033 0.20% 008-00-1034 0.20% $ 1,014,350 117,672 $ 1,024,183 118,049 OTHER $ 1,132,022 $ 1,142,232 TOTAL CASH AND INVESTMENTS $ 5,401,557 $ 5,485,047 TOTAL UNRESTRICTED $ 3,424,897 $ 3,417,867 *Restricted Funds Page 8 of 11 * DEBT SERVICE & CAPITAL PROJECTS CASH AND INVESTMENTS March 31, 2019 DEBT SERVICE FUND F— Name Acct. # Maturity Yield Prior Period CurrentBalance Pooled Cash 003-00-1000 0.05% $ 925,589 $ 1,012,862 * DSF Money Market 2376105 003-00-1010 0.20% 57,183 57,192 TOTAL RESTRICTED $ 982,772 $ 1,070,054 GENERAL CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period Current I Balance * Pooled Cash 004-00-1000 0.05% $ 1,174,576 $ 1,849,516 TOTAL RESTRICTED $ 1,174,576 $ 1,849,516 ENTERPRISE CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period ` Current Balance Sewer Capital Improvements MM-10% Rev 840-00-1020 0.20% $ 779,180 $ 792,379 * Sewer Capital Reserve MM 2380226 Tap Fees 840-00-1038 0.20% 1,168,351 1,195,550 * SEWER CAPITAL RESERVE - TAP FEES $ 1,947,531 $ 1,987,929 * Water Capital Reserve MM 2376156 840-00-1037 0.20% $ 995,855 $ 1,018,524 * Pooled Cash 840-00-1000 0.05% 2,757,496 2,464,717 * General CIP Money Market 2674823 840-00-1013 0.05% 2,055,573 2,055,835 TOTAL RESTRICTED $ 7,756,455 $ 7,527,005 *Restricted Funds Page 9 of 11 4A & 4B FUNDS CASH AND INVESTMENTS March 31, 2019 4A FUND Name Acct. # Maturity Yield Prior Period Current Balance * Pooled Cash 41-00-1000 0.05% $ 337,379 $ 356,348 * Cash NOW 900020693 Prosperity 41-00-1010 0.05% 356,822 351,746 * 4A MM 902551273 Prosperity 41-00-1012 0.20% 473,373 473,773 * Sanger TX Ind Corp CD 486639 41-00-1013 11/2/2019 0.25% 95,010 95,050 TOTAL CASH AND INVESTMENTS $ 1,262,584 $ 1,276,917 4B FUND Name Acct. # Maturity Yield Prior Period Current Balance rooieu uasn 4L-UU-I000 U.U370 /Io,ou7 /JI,GJ/ * Cash MM 2379694 42-00-1010 0.05% 189,752 189,760 * 4B CD 653500 42-00-1013 4/3/2019 0.45% 21,892 21,903 * 4B CD 659924 42-00-1014 11/12/2019 0.45% 21,642 21,653 * 4B CD 664243 42-00-1015 6/5/2019 0.45% 21,727 21,738 * 4B CD 673277 42-00-1016 7/9/2019 0.45% 21,672 21,683 * 4B CD 686115 42-00-1017 8/4/2019 0.45% 21,671 21,683 * 4B CD 689521 42-00-1018 9/11/2019 0.45% 21,582 21,594 * 4B CD 694371 42-00-1019 10/14/2019 0.45% 21,655 21,667 * 4B CD 697230 42-00-1020 11/17/2019 0.45% 21,768 21,781 * 4B CD 699934 42-00-1021 12/18/2019 0.45% 21,682 21,694 * 4B CD 702285 42-00-1022 1/31/2020 0.45% 21,485 21,497 * 4B CD 706078 42-00-1023 2/19/2020 0.45% 21,385 21,398 * 4B CD 720097 42-00-1024 2/9/2020 0.45% 21,157 21,170 * 4B CD 720119 42-00-1025 11/9/2019 0.45% 21,183 21,194 TOTAL CASH AND INVESTMENTS $ 1,189,062 $ 1,221,652 *Restricted Funds Page 10 of 11 CITY OF SANGER, TEXAS INVESTMENT REPORT March 31, 2019 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit. Interest is paid monthly on all accounts. Therefore, book value and market value are the same and the City does not have accrued interest on its investments. Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: a. the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). Clayton Gray Finance Director Alina Ciocan Acting City Manager Page 11 of 11 C e i2 LL LL L 2 LL V) h" F- U C: W LL 7 OC fY lk a. a h- z w tY 7 U 0 o a o o ca 0CK: t- N a0O r u� In m ) U Q (A fA EA IH o rn ao M � In r-- I� m ID N_ M EH EH fA fA rn r ' co Q N 6 U p V M V Q EH to tR M O r ' ts7 O U CO lzy I a N_ cY t 0] M � 64 69 EA HT N In In O O l rn Nc" O N N V Ol .ram. U Q ER eA 69 M � oN M a In N 6J tp 01 p] o M_ o O V M 1, M O 64 E9 69 VT c � :E E w d M In O 00 m ` O Ic N c m m m c c� U M CC O. 0 N a N n U m o K1 kA E9 M M O V 1p N Q ER EA fA V} N m In O M a rn m n m N r � N In O M In OO 00 O 1— 64 EH fH fA N o N rn N a O of L p M In N U O M M r» 1» ca e» OJ M rn _ U m O N IQ 1 N n O LO O U [j Lnn e» vs en IA N N o o p o c E 0 o rn H U 0 U c � N ICO o _ C U a _ U a U1 O O ♦- (..1 d h O O c N U w. 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