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05/04/2009-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, MAY 49 2009 7:00 PM 502 ELM STREET 1. all Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: Apri120, 2009 -- Work Session April 20, 2009 — City Council b) Disbursements c) Approve Grazing Lease with David Fulton d) Approve Tower Lease Agreement with Speed of Light Broadband 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Resolution #ROS-03-09 — Permitting a Tent Service for Specific Period on the North Side of Church Street, East of Interstate 35 Service Road. 6. Consider and Possible Action on Approving Audit for Fiscal Year End 2007/2008 by Auldridge Griffin. 7. Consider and Possible Action on Approving Wholesale Electric Contract with AEP. 8. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of t�e..City;,;of Sanger, Texas, a place convenient and readily accessible to the get eral p b Qq1" fill iii'e�, and said notice w s nos d on the following date and time: ` sn hall remain posted until m _ Wis s Rosalie Chavez, City Secretsfor , City of Sanger, Texas This notice was removed from the official ic1� b�u•ned. TEXAS,``����` bulletin board on at � � p.m. at MINUTES: CITY COUNCIL WORK SESSION MINUTES April 20, 2009 MEMBERS PRESENT: Mayor doe_. Higgs; Councilman Garza, Councilman Robert Patton, Councilman Thomas Muir, Councilman Glenn Ervin, Councilman Walker OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Shannon Cox/Sanger Courier, Cora Harner 1. Call Meeting to Order. Mayor Higgs called meeting to order. 2. Discussion on Mid -Year Financials. City Manager gave an update on mid -year revenue and expenditures. A Power Point presentation on a comparison of last year's revenues to date to this year was given. In the General Fund revenues, 50% is property tax, 11% is sales tax, another 11% is franchise fees, and 16% is Fire/EMS revenues. The property tax is meeting projections and EMS revenues have not reached full capacity. The revenues for Fire/EMS show to be higher, and that was due to revenue collections being lower last year. The revenues are still behind in Fire/EMS. The Library revenues are lower this year, and the difference is that last year they received grant funds. The General Fund revenues are 108% compared to last year. City Manager proceeded with the Enterprise Fund. The electric revenues represent 75% of the totals in this fund; water revenues 11%; sewer revenues 8%, and sanitation revenues 5%. The electric revenues in comparison to last year were less, but not too significant. The majority of the revenues are collected in the summer time. There was discussion concerning connect fees and what those represent. City Manager explained these fees are collected when a customer establishes service or service is re- established. Discussion concerning tap fees revenues and the impact growth has had on these revenues. The presentation continued with actual revenues in comparison to the budget in the General Fund. The revenues percentages are where they need to be for the year. In the Enterprise Fund the revenues collections compared to budget are also where they need to be for the year. The housing starts are down 40% from the first quarter of last year and 91 % 'Fir om their peak in the first quarter of 2005. Growth has slowed down significantly. The strengths and weaknesses of the City followed. The sales tax and property tax has held its own; both commercial and residential growth continue although at a slower pace, budget measures have been put in place early to help absorb revenue shortfalls. Conservative measures have been taken to save money where possible, and we have not relied on future growth to pay the bills. The weaknesses were addressed as follows: the General Fund is heavily dependent on property tax and transfers from the Enterprise Fund, revenues in the Enterprise Fund are dramatically impacted by the weather; growth in exurbs like Sanger may take longer to recover than other areas due to more affordability closer to the Metroplex; and the City has become a very lean organization and further personnel cuts will start to impact service levels. The City Manager advised he has cut all that needs to be, and this was done by attrition not by laying off people. The City Manager continued with discussion concerning the threats that face the City. A greater economic downturn begins to erode the property tax and sales tax base. A cool, wet summer causes a loss in utility revenues; EMS revenues do not rebound as anticipated; and as we continue to build contingency reserve funds, they are insufficient to reply on for long-term operation needs. The opportunities are that 4A and 4B are financially sound and can be utilized to spur economic growth and enhance the quality of life. This gives the City a competitive advantage. Planning can take place in a slow growth environment preparing us for the next growth cycle. The City Manager advised we will continue to monitor revenues to identify trends in the early stages; expenditures will he closely watched while maintaining current service_. levels; evaluating any position that becomes open on a case -by -case basis; and public safety positions will continue to be filled. Councilman Muir indicated if we are not filling positions, does this mean other employees have stepped up to the plate with any excess capacity or more efficient work habits. His concern was employee morale. The City Manager advised three of the positions were in public works, and due to growth slowing down they are not as busy. The other position was a cashier at the front counter. Other people in the office are filling in. He advised that this is one of the issues that will be addressed in the audit is "separation of duties." This is done to avoid any possible lay-offs in the future. In the budget preparations for next year we will be very conservative. Current open positions will be evaluated and some may be eliminated from next year's budget. We will continue to build contingency reserves funds with unexpected revenue into next year's budget. Discussion continued concerning budget preparations for next year and the balance of the contingency reserves fund. Discussion concerning some line item expenses in the current budget and the transfers to the General Fund from Enterprise Fund. It was discussed that we billed Medicare and private insurance about $637,000.00 for EMS calls, and we anticipate 50% collection. The delay in processing was due to not getting the Medicare number from the Social Security office. The. discussion_ continued concerning revenLies in miseellan_eous income and the reimbursement from the school for the reserve officer. 3. Overview of Items on Regular Agenda. City Manager addressed item #7. He advised this is to automate a valve on the new Marion Road water line. When the line was installed the purpose of the line was to be able to feed water from Wal-Mart back to the older part of town. We operate on two pressure plants. The one North is a lot higher pressure than the one in town. In order to connect those systems we need a method of control to make them work together. The system was originally designed with a pressure reducing valve on the line to take .are of the pressure differential. The problem was trying to adjust the valve on systems that fluctuate back and forth, causing us to either overflow the ground storage tank at Cowling or we were having to drain the tower at Wal-Mart. The scads system wiii provide a level of coniroi and allow the �v�al-Mari Fume Staiion and the Well to be utilized in the existing water system. This system will allow us to monitor the system on a 24 hour basis. The cost for the system will be $11,500. Discussion followed concerning the water we purchase from Upper Trinity. Councilman Ervin asked when the system was last updated. He indicated that some time ago we were having troubles. The City Manager discussed the hardware has been updated and the software was not. There is a newer version, but it is very expense. We will be purchasing a version of the system. Councilman Muir asked a question on item # 6 concerning the lease purchase on the EMS vehicle and if the agreement had the $1.00 purchase option at the term of the lease. The City Manager indicated that it did. There was discussion concerning the other ambulance that is getting a new replacement engine. The new ambulance was a budgeted item. The City did receive a grant for reimbursement cost on the replacing the new engine on the older ambulance. Discussion continued on the new ambulance. The City Manager gave an update on the closing of the property at 103 Bolivar. The contract has been officially signed last Wednesday. All financial information has been forwarded to the bank. 4. Adjournment. lYlayor Higgs adjourned the work session, 1V N UTES: CITY COUNCIL MINUTES April 20, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Thomas Muir, Councilman Mike Walker OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Shannon Cox/Sanger Courier 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order, City Secretary led Pledge of Allegiance, followed by Councilman Muir leading the invocation. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: April 6, 2009 —Work Session April 6, 2009 — City Council b) Disbursements Motion was made by Councilman Patton to approve the consent agenda. Seconded by Councilman Ervin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Resolution #R04-01-09 —Opposing HB 4441 Relating to the Authority of the Railroad Commission of Texas to Establish Standards Regarding Certain Pipelines and Appurtenant Facilities. City Manager advised the purpose of this legislation is to oppose the bill that would give the Texas Railroad Commission control over noise, distance levels and screening of oil and gas wells, as well as pipelines. Councilman Ervin made the motion to approve Resolution #R04-01-09 opposing HB 4441. Seconded by Councilman Garza. Motion carried unanimously. 6. Consider and Possible Action on Resolution #R04-02-09 — Regarding a Lease Purchase Agreement Between the City of Sanger and Government Capital for the Purpose of Procuring (1) one EMS Vehicle. City Manager advised the lease agreement is for three years. Motion was made by Councilman Muir to approve Resolution #R04-02-09 regarding a lease purchase agreement between the City of Sanger and Government Capital for the purpose of procuring one EMS vehicle. Seconded by Councilman Walker. Motion carried unanimously. 7. Consider and Possible Action on Expenditure not to Exceed the Amount $11,500 of Water Tap Fees for the Purchase of a SCADA System to Provide Level Control of Elevated Tower #6 (Wal-Mart). City Manager advised that the scada system will provide a level control for the Elevated Tower #6 for the Marion Road water line. The water line was originally put in so we could transfer water from the Wal-Mart well back to town to be utilized. It is a one million gallon well and produces more water that could be utilized in our existing water system. When the water line was originally designed, it was controlled by a pressure reducing valve. The valve is causing a lot of problems in keeping the Wal-Mart tower full and not overflowing Cowling. This will also help in reducing the dependency on surface water from Upper Trinity, Councilman Garza made a motion to approve the expenditure for the purchase of a scada system not to exceed $11,500 from the water tap fees to provide a level of control for elevated tower #6. Seconded by Councilman Walker. Motion carried unanimously. 8. Information Items: a) City of Sanger Investment Report b) Monthly Financial Statement as of March 2009 c) Chamber Investment Report d) Monthly Library Report 9. Adjournment. Mayor Higgs adjourned the meeting. 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 CITY COUNCIL BANK: SB99 BT 'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-20190 AULDRIDGE GRIFFIN I-23397 001-10-5430 PROFESSIONAL AUDIT REPORT - FINAL PYMT 000000 4,117.50 DEPARTMENT 10 CITY COUNCIL TOTAL: 4,117.50 ----------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BT- 'I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18110 STRATEGIC GOVERNMENT RE I-3702 001-15-5235 DUES AND REGI TRAINING - TAMI TABER 000000 44.50 DEPARTMENT 15 ADMINISTRATION TOTAL: 44.50 ------------------------------------------------------------------------------------------------------------------------------------ 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BANK: SB99 BT' 'I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-232396 001-18-5210 OFFICE SUPPLI CLEANING SUPPLIES 000000 27.92 DEPARTMENT 18 PUBLIC S90RKS ADMIN. TOTAL: 27.92 ----------------------------------------------------------------------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 ST T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-MAY09 001-24-5345 LEASE EQUIPME ICE MACHINE LEASE 000000 100.00 99-07210 MOTOROLA I-41130797 001-24-5390 RADIOS FIRE D RADIO & SOFTWARE 000000 6/209412 99-13810 FIRE PROGRAMS I-7709 001-24-5451 ANNUAL SOFTWA SOFTWARE UPGRADE 000000 lr065.00 99-19500 NAPA AUTO PARTS I-161952/161730 001-24-5325 R & M MOTOR V AUTO BATTERY CHARGER 000000 73.11 ---------------------------------------------............. DEPARTMENT 24 --------- ---......-------------------------------------------------------- FIRE DEPARTMENT TOTAL: 7,447.23 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BT'''T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00420 BOUND TREE MEDICAL, LLC I-87054405 001-25-5262 EMS SUPPLIES HUBER NEEDLES 000000 47.00 99-01380 KARL-KLEMENT FORD, INC. I-FOCS85575 001-25-5325 R & M MOTOR V R672-24 ENGINE REPAIR 000000 1,851.29 99-05600 MOORE MEDICAL CORP. I-81007272 001-25-5262 EMS SUPPLIES MEDICAL SUPPLIES 000000 229.79 99-08770 CPI OFFICE PRODUCTS I-2244408-0 001-25-6025 COMPUTER HARD INK CARTRIDGE 000000 42.99 I-2244408-0 001-25-6025 COMPUTER HARD INK CARTRIDGE 000000 27.49 99-16240 SCHAD & PULTE I-174913 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 36.00 I-175355 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 25.00 99-18620 STERICYCLE I-4000809425 99-19500 NAPA AUTO PARTS I-162159/162435 001-25-5262 001-25-5325 EMS SUPPLIES BIO PICK UP R & M MOTOR V VACUUM PUMP DEPARTMENT 25 AMBULANCE ---------------------------- 000000 14.16 000000 124.12 TOTAL: 2,397.84 ------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 DEVELOPMENT SERVICES BANK: SB99 Br T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-232396 001-28-5210 OFFICE SUPPLI CLEANING SUPPLIES 000000 55.85 99-02970 OFFICE DEPOT I-470053176001 001-28-5210 OFFICE SUPPLI ENVELOPES, PAPER,PENS,BOXE 000000 123.06 DEPARTMENT 28 DEVELOPMENT SERVICES TOTAL: 178.91 ---------------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 Br T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-MAY09 001-30-5345 LEASE EQUIPME ICE MACHINE LEASE 000000 50.00 99-02200 ROADRUNNER TRAFFIC SUPP I-35417 001-30-5380 STREET SIGNS 24" STREET SIGN 000000 798.12 I-35417 001-30-5380 STREET SIGNS 30" STREET SIGNS 000000 625.00 I-35417 001-30-5380 STREET SIGNS 36" STREET SIGNS 000000 207.72 99-19460 TCI TIRE CENTERS I-6270001919 001-30-5325 R & M MOTOR V 4 TIRES # 21-30 000000 494.52 99-20540 TAYLOR RENTAL COMPANY I-508642-09 / 06 001-30-5345 LEASE EQUIPME BANDING TOOL,CLIPS,STRAP 000000 56.00 DEPARTMENT 30 STREETS TOTAL: 2,231.36 ------------------------------------------------------------------------------------------------------------------------------------ 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 B' T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022893 001-32-5250 MINOR TOOLS POWER GRAB,CALK GUN 000000 11.47 I-10023171 001-32-5343 SPORTS FIELD WIRE WHEEL/SAND 000000 7.38 I-10023182 001-32-5343 SPORTS FIELD 90,SPIKES,STRING,PVC 000000 17.22 99-08770 CPI OFFICE PRODUCTS I-2253091-0 I-2253091-0 99-12710 PETTIT MACHINERY, INC I-038729 I-038729 I-038729 I-P41247 99-17270 PROFESSIONAL TURF PRODU I-1067980-00 I-1067980-00 99-19960 TCI TIRE CENTERS Z-6270001919 -�00 NAPA AUTO PARTS I-162159/162435 99-20540 TAYLOR RENTAL COMPANY I-508642-09 / 06 001-32-5210 OFFICE SUPPLI BLACK INK 000000 37.98 001-32-5210 OFFICE SUPPLI COLOR INK 000000 37.98 001-32-5375 MINOR EQUIPME 16" CHAINSAW 000000 459.00 001-32-5375 MINOR EQUIPME TRIMMER 000000 432.00 001-32-5375 MINOR EQUIPME CHAINS 000000 32.48 001-32-5325 R & M MOTOR V REPAIR PARTS/ LAWN MOWER 000000 257.28 001-32-6057 LAWN MAINTENA 125GAL TRAILER SPRYR 000000 3,500.00 001-32-6057 LAWN MAINTENA DELIVERY 000000 75.00 001-32-5325 R & M MOTOR V 2 TIRES FOR TRAILER 000000 158.72 001-32-5325 R & M MOTOR V AIR FILTERS 000000 119.14 001-32-5345 LEASE EQUIPME BANDING TOOL,CLIPS,STRAP 000000 56.00 --------------------------------------------------------------------------------------- DEPARTMENT 32 PARKS TOTAL: 51201.65 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 34 POOL BANK: SB99 BTw T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10023073 001-34-5310 R & M BUILDIN PATCH PUTTY 000000 5.29 DEPARTMENT 34 POOL TOTAL: 5.29 ---------------------------- -------------------------------------------------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 - PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 Br T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10223146 001-36-5245 MECHANIC SHOP STAPLES & STRING 000000 6.74 99-08690 O'REILLY AUTO PARTS I-148427/148436 001-36-5223 CHEMICALS ADHESIVE,GASKET MARKER 000000 9.47 99-19500 NAPA AUTO PARTS I-161224 001-36-5252 MECHANIC SUPP PULL ROPE, STOCK 000000 42.94 DEPARTMENT 36 FLEET SERVICES TOTAL: 59.15 4/28/2009 9:03 AM PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY B1' T TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-03330 BAKER & TAYLOR I-H73161810 001-42-5227 BOOKS & OTHER 22 MUSIC CD'S-RCVD 1 CD 000000 10.48 I-W19590310 001-42-5227 BOOKS & OTHER 22 MUSIC CD'S-RCVD 5 CD 000000 60.65 I-W19590320 001-42-5227 BOOKS & OTHER 22 MUSIC CD'S-RCVD 13 CD 000000 154.15 99-03990 H.W. V7ILSON CO. I-58067248 001-42-5225 MAGAZINES & S SUBSCRIPTION 000000 248.00 99-04850 MICRO MARKETING ASSOC.L I-290219 001-42-5227 BOOKS & OTHER HOW TO PHOTOGRAPH 000000 36.40 I-290219 001-42-5227 BOOKS & OTHER SHOTGUNNING-THE ART AND 000000 27.25 I-290219 001-42-5227 BOOKS & OTHER 150 BEST HOUSE IDEAS 000000 27.25 I-290219 001-42-5227 BOOKS & OTHER ASK THE EXPERTS GUIDE TO 000000 22.75 I-290219 001-42-5227 BOOKS & OTHER PARTY CONFIDENTIAL 000000 27.29 I-290219 001-42-5227 BOOKS & OTHER ACTING OUT:SIX ONE -ACT PL 000000 15.46 I-290219 001-42-5227 BOOKS & OTHER FUN ROOMS:HOME THEATER 000000 31.85 I-290219 001-42-5227 BOOKS & OTHER SHIPPING 000000 8.50 99-10760 BRODART CO I-B448853 001-42-5227 BOOKS & OTHER CHASING JUSTICE 000000 8.90 I-B448853 001-42-5227 BOOKS & OTHER LUKES PASSAGE 000000 13.04 I-B448853 001-42-5227 BOOKS & OTHER TOUCH OF BETRAYAL 000000 6.95 I-B448853 001-42-5227 BOOKS & OTHER PROCESSING 000000 8.22 I-B451606 001-42-5227 BOOKS & OTHER GARFIELD SPILLS THE BEANS 000000 7.73 I-B451606 001-42-5227 BOOKS & OTHER GUIDE BOOK OF UNITED STAT 000000 14.75 I-B451606 001-42-5227 BOOKS & OTHER SIMPSONS TREEHOUSE OF HOR 000000 9.49 I-B451606/B464242 001-42-5227 BOOKS & OTHER 17 BOOKS- RCVD 13 BOOKS 000000 146.28 I-B451606/B464242 001-42-5227 BOOKS & OTHER SHIPPING 000000 25.92 I-B464242 001-42-5227 BOOKS & OTHER KOVEL'S ANTIQUES & COLLEC 000000 24.32 I-B464242 001-42-5227 BOOKS & OTHER UNIVERSAL DESIGN FOR THE 000000 21.74 99-11820 STEWART ORGANIZATION I-94561 001-42-5332 OFFICE MACHIN COPIER CONTRACT 000000 39.23 99-19050 AMAZON I-200904271750 001-42-5227 BOOKS & OTHER 10 BOOKS 000000 98.69 ------------------------------------------------------------------------------------------------------------------------------------ DEPARTMENT 42 LIBRARY TOTAL: 1/095929 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 COMMUNITY CENTER BANK: SB99 BF 'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-MAY09 001-44-5345 LEASE EQUIPME ICE MACHINE LEASE 000000 100.00 DEPARTMENT 99 COMMUNITY CENTER TOTAL: FUND 001 GENERAL FUND TOTAL: 22,906.64 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 CITY COUNCIL BANK: SB99 BP' "'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-20190 AULDRIDGE GRIFFIN I-23397 008-10-5430 PROFESSIONAL AUDIT REPORT - FINAL PYMT 000000 4,117.50 DEPARTMENT 10 CITY COUNCIL TOTAL: 4,117.50 ----------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 Br- 'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18110 STRATEGIC GOVERNMENT RE I-3702 008-15-5235 DUES & REGIST TRAINING - TAMI TABER 000000 44.50 DEPARTMENT 15 ADMINISTRATION TOTAL: 94.50 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BANK: SB99 Bi'"" ''T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-232396 008-18-5210 OFFICE SUPPLI CLEANING SUPPLIES 000000 27.92 DEPARTMENT 18 PUBLIC WORKS ADMIN. TOTAL: 27.92 ------------------------------------------------------------------ 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BtT'"""'.T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10223146 008-36-5245 JANITORIAL SU STAPLES & STRING 000000 6.74 99-08690 O'REILLY AUTO PARTS I-148427/148436 008-36-5223 CHEMICALS ADHESIVE,GASKET MAKER 000000 9.47 99-19500 NAPA AUTO PARTS I-161224 008-36-5252 MECHANIC SUPP PULL ROPE- STOCK 000000 42.94 DEPARTMENT 36 FLEET SERVICES TOTAL: 59.15 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 BT 'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-MAY09 008-50-5345 LEASE EQUIPME ICE MACHINE LEASE 000000 50.00 99-02260 S&S TELEMETRY I-8349 008-50-5373 R & M WATER W CL2 BOOSTER PUMP-WM WELL 000000 1,857.00 99-02600 TEEX - EUPWTI I-200904271749 008-50-5235 DUES & REGIST CHLORINATOR MAINT 000000 470.00 99-08690 O'REILLY AUTO PARTS I-151787 008-50-5325 R & M MOTOR V VALVE COVER UNIT 52-50 000000 17.94 99-12710 PETTIT MACHINERY, INC I-P41247 008-50-5325 R & M MOTOR V REPAIR PARTS/ LAWN MOWER 000000 61.18 99-19500 NAPA AUTO PARTS I-161952/161730 008-50-5325 R & M MOTOR V CABIN AIR FILTER 000000 66.40 99-20540 TAYLOR RENTAL COMPANY I-508642-09 / 06 008-50-5345 LEASE EQUIPME BANDING TOOL,CLIPS,STRAP 000000 56.00 DEPARTMENT 50 WATER TOTAL: 2,578.52 ----------------------------------------------------------------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BANK: SB99 B''"T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10023139 008-54-5230 ADVERTISING-T MATERIALS FOR SLUDGE BOX 000000 5.38 DEPARTMENT 54 WASTE WATER TREATMENT TOTAL: 5.38 ---------------------------------------................. --------- --------------------- --------...... ------------- ------------------- 4/28/2009 9:03 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 02304 CC PACKET 050409 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BANK: SB99 BP"7,T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00240 AMERICAN PUBLIC POWER I-154723 008-58-5235 DUES & REGIST MEMBERSHIP DUES 000000 2,063.97 99-00640 COMMERCIAL SERVICES I-MAY09 99-02170 REINERT PAPER & CHEMICA I-232380 I-232380 I-232380 I-232380 99-02690 TECHLINE, INC. I-1441414-00 I-1441629-00 I-3039399-00 99-05350 TX EXCAVATION SAFETY SY I-09-1508 99-20530 LABOR FINDERS I-73-2-9532 9t, J540 TAYLOR RENTAL COMPANY I-508642-09 / 06 008-58-5345 LEASE EQUIPME ICE MACHINE LEASE 000000 100.00 008-58-5210 OFFICE SUPPLI CUPS 000000 39.98 008-58-5245 JANITORIAL SU ROLL TOWELS 000000 29.52 008-58-5245 JANITORIAL SU TRASH LINERS 000000 21.45 008-58-5245 JANITORIAL SU TRASH LINERS,CUPS,TOWELS 000000 2.00 008-58-5360 SYSTEM MAINTE SUBSURFACE CONNECTOR 000000 2,700.00 008-58-5360 SYSTEM MAINTE GREY STRAIN INSULATION 000000 290.00 008-58-5250 MINOR TOOLS #2 BIRDWIRE STRIPPER 000000 155.00 008-58-5235 DUES & REGIST MARCH MESSAGE FEES 000000 102.60 008-58-5470 CONTRACT UTIL LABOR CHARGES 000000 2,915.00 008-58-5345 LEASE EQUIPME BANDING TOOL,CLIPS,STRAP 000000 56.00 --------------------------------------------------------------------------------------- DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 8,475.52 FUND 008 ENTERPRISE FUND TOTAL: 15,308.49 REPORT GRAND TOTAL: 38,215.13 4/22/2009 11:01 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02278 Regular Payments 4/13/09 VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20420 AETNA I-200904211716 REFUND R 4/22/2009 65.00CR 039354 65.00 00180 AMERICAN MESSAGING I-200904131699 PAGERS R 4/22/2009 64.52CR 039355 64.52 18109 AMERICAN MUNICIPAL SERVICES I-200904211730 BAD DEBT COLLECTION R 4/22/2009 271.54CR 039356 I-3802 WARRANT COLLECTION R 4/22/2009 542614CR 039356 813.68 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-105082 VET SERVICE MARCH 09 R 4/22/2009 194.50CR 039357 194.5O 00170 AT&T I-200904131700 INTERNATIONAL CHRGS R 4/22/2009 48.45CR 039358 48045 02460 AT&T MOBILITY I-824886528X03222000 2/15/09 - 3/14/09 R 4/22/2009 490.82CR 039359 490v82 01550 ATMOS I-200904131701 GAS UTILITIES R 4/22/2009 134046CR 039360 134.46 50 BIG COUNTRY SUPPLY I-D317848 CENTER CONSOLES W/ PLATES R 4/22/2009 763.54CR 039361 763.54 10760 BRODART CO I-B419333 69 BOOKS R 4/22/2009 55.62CR 039362 I-B432432 9 BOOKS R 4/22/2009 26.27CR 039362 I-B43278B 9 BOOKS R 4/22/2009 55952CR 039362 I-B436774 69 BOOKS R 4/22/2009 25.20CR 039362 162.61 14560 C & G WHOLESALE I-30901 5 UNIFORMS - NEW EMPLOY R 4/22/2009 232.94CR 039363 232.94 20410 CARE NOW CORPORATE I-825193 KIRKWOOD, VARNER R 4/22/2009 110.00CR 039364 110,00 18670 CARROLL TREGO I-144435 FUEL/DIESEL ADDITIVE R 4/22/2009 206.45CR 039365 206.45 00590 CITY OF DENTON I-200904211721 BACTERIOLOGICAL TESTS R 4/22/2009 63.9OCR 039366 63.90 4/22/2009 11:01 AM A / P CHECK REGISTER PAGE: 2 PACKET: 02278 Regular Payments 4/13/09 VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 00590 CITY OF DENTON I-200904211723 REPLACE IN CAR MIC R 4/22/2009 173949CR 039367 173.49 04160 COMET CLEANERS I-200904131706 ELECT DEPT CLEANING R 4/22/2009 58.75CR 039368 58.75 00650 CONTINENTAL RESEARCH CORP I-311474-CRC-1 OIL ABSORB COVERS R 4/22/2009 l60oOOCR 039369 160.00 00800 COSERV ELECTRIC I-200904131704 ELECT SERVICE R 4/22/2009 970.21CR 039370 970.21 00790 COUNTY BUILDERS SUPPLY, INC. I-10022881 READY MIX CONCRETE R 4/22/2009 153.30CR 039371 I-10022996/10022993 UT KNIFE,SEALANT,CAULKING R 4/22/2009 104.33CR 039371 I-1022929 CONCRETE,ANCHORS,BLADE R 4/22/2009 53.45CR 039371 I-1022997 CHAIN FOR TOILET R 4/22/2009 2.09CR 039371 313.17 08770 CPI OFFICE PRODUCTS I-2242533-0 OFFICE SUPPLIES R 4/22/2009 400o3lCR 039372 400.3l 11570 CULLIGAN I-200904211725 WATER SERVICE R 4/22/2009 13.25CR 039373 13.25 18700 CUSTOM CAST STONE OF TEXAS I-2786 4 PEDISTALS FOR CAST BALL R 4/22/2009 86.28CR 039374 86.28 00710 DATA BUSINESS FORMS INC. I-69148 NOTARY STAMP - RILEY R 4/22/2009 32.23CR 039375 32.23 03710 DENTON CO SHERIFF'S DEPT I-200904131702 LAY OUT FEES R 4/22/2009 140600CR 039376 I-200904131703 LAY OUT FEES R 4/22/2009 140.00CR 039376 280.00 06490 DENTON REGIONAL MEDICAL I-200904211732 STEVENSON - ESCREEN R 4/22/2009 38.00CR 039377 38.00 10170 DIVERSIFIED INSPECTIONS, INC. I-2009 09 ANNUAL SAFETY INSPECT R 4/22/2009 3,138.00CR 039378 3,138.00 17640 DOLLAR GENERAL - CHARGED SALES I-102350 CUPS,COFFEE,TEA,SOAP, R 4/22/2009 42.30CR 039379 I-102361 COFFEE,CREAMER,CUPS R 4/22/2009 34.25CR 039379 76.55 4/22/2009 11:01 AM A / P CHECK REGISTER PAGE: 3 PACKET: 02278 Regular Payments 4/13/09 VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19270 FAMILY DOLLAR I-200904211728 CLEANING SUPPLIES R 4/22/2009 24.95CR 039380 24.95 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD0903 BACKGROUND - VARNER R 4/22/2009 31*00CR 039381 31.00 18790 FUELMAN I-NP17372113 FUEL 3/23/09-3/29/09 R 4/22/2009 11652416CR 039382 I-NP17504188 FUEL 3/30/09 - 4/5/09 R 4/22/2009 11389.62CR 039382 I-NP17740418 FUEL 4/6/09 - 4/12/09 R 4/22/2009 11124.57CR 039382 4/166935 18590 GDI TIMS I-200904211724 INSPECTION TRANSACTIONS R 4/22/2009 1.26CR 039383 1.26 07750 HOME DEPOT/GECF I-027725/9013202 SHOP VAC W/ FILTERS R 4/22/2009 174.84CR 039384 174.84 09040 J RANDY THOMPSON I-91385 TIRE GAUGE & CHUCK R 4/22/2009 32.98CR 039385 32.98 01290 J&K LIGHTING & SUPPLY I-4101 WEED KILLER R 4/22/2009 2,495o00CR 039386 21495.00 �IJ60 LEAD 11 EXCELLENCE I-03312008LC FEB-MARCH 09 EMS CE R 4/22/2009 432.00CR 039387 432.00 01310 LUTTRULL MCNATT, INC. I-512699 WHEEL LUG NUT R 4/22/2009 6.00CR 039388 I-512721 DOOR HANDLE R 4/22/2009 41.53CR 039388 47.53 18730 MCDORMAN SIGNS & ADVERTISING INC. I-1643 LETTERING & STRIPES R 4/22/2009 925.00CR 039389 925.00 04850 MICRO MARKETING ASSOC.LLC I-292097 4 BOOKS R 4/22/2009 143.80CR 039390 143.80 13110 TIM MILBOCKER I-200904211718 FAUCET REPLACEMENT R 4/22/2009 39.99CR 039391 39.99 19500 NAPA AUTO PARTS I-156036 HOSE ENDS,HOSE R 4/22/2009 63.83CR 039392 I-158351 LAWN MOWER BATTERIES R 4/22/2009 56.98CR 039392 I-158353 OIL & AIR FILTERS,BATTERI R 4/22/2009 893.22CR 039392 I-158584 BATTERY FOR 54-30 R 4/22/2009 98.49CR 039392 I-159320 COIL PACK UNIT# 01-20 R 4/22/2009 63.33CR 039392 I-159334 COIL PACK UNIT# 01-20 R 4/22/2009 39.51CR 039392 I-159349 COIL PACK UNIT# 01-20 R 4/22/2009 15.94CR 039392 I-159637 BRAKE CONTROL FOR TRAILER R 4/22/2009 203.98CR 039392 I-160637 BRAKE ROTORS,PADS,CLEANER R 4/22/2009 747.15CR 039392 I-161124 SCREWS,ELECT CONNECT,WIRE R 4/22/2009 499.68CR 039392 21682.11 4/22/2009 11:01 AM A / P CHECK REGISTER PAGE: 4 PACKET: 02278 Regular Payments 4/13/09 VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-200904211727 GENERAL LEGAL SERVICE R 4/22/2009 11337.51CR 039393 1,337.51 08690 O'REILLY AUTO PARTS I-146307/146339 AIR FILTERS & SPARK PLUGS R 4/22/2009 16.56CR 039394 I-376-499280 HOSE CLAMPS & CONNECTOR R 4/22/2009 4.75CR 039394 21.31 10120 OFFICE DEPOT CREDIT PLAN I-200904131708 WIRELESS ROUTER,INK R 4/22/2009 208.95CR 039395 I-200904131709 WORD 07 UPDATE,PDF PRO R 4/22/2009 189.98CR 039395 398.93 12710 PETTIT MACHINERY, INC I-P41101 RECOIL ASSEMBLY,CLUTCH R 4/22/2009 156.61CR 039396 I-P41245 WEED EATER HEADS/STRING R 4/22/2009 240.05CR 039396 396.66 08540 PHYSIO-CONTROL, INC. I-200904131707 TECHINCAL SERVICE AGREEME R 4/22/2009 11592.000R 039397 1,592.00 20510 PRINCIPAL LIFE INS CO. I-200904211719 REFUND OVERPAYMENT R 4/22/2009 255611CR 03939E 255.11 17260 QUEST CARE I-0309 MEDICAL CONTROL R 4/22/2009 500.000R 039399 500.00 02140 RADIO SHACK I-10035SIB TRASH OFF T-SHIRTS R 4/22/2009 562.50CR 039400 I-10035604 BATTERIES R 4/22/2009 20.99CR 039400 583.49 02170 REINERT PAPER & CHEMICAL, INC. I-231945 JANITORIAL SUPPLIES R 4/22/2009 46.91CR 039401 I-231978 JANITORIAL SUPLLIES R 4/22/2009 200.79CR 039401 247.70 12820 RICOH AMERICAS CORP. I-405171211 MAINT AGREEMENT R 4/22/2009 446.51CR 039402 446.51 11170 RICOH AMERICAS CORP:QDS I-13953668 COPIER MAINT AGREEMENT R 4/22/2009 227.71CR 039403 I-200904211731 COPIER MAINT AGREEMENT R 4/22/2009 205.33CR 039403 433.04 20500 JERRY SALAZAR I-200904211720 BLOCK REPLACEMENT/PATCHIN R 4/22/2009 250wOOCR 039404 250.00 4/22/2009 11:01 AM A / P CHECK REGISTER PAGE: 5 PACKET: 02278 Regular Payments 4/13/09 VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-00011111 PUBLIC NOTICE, SPORTS PAG R 4/22/2009 80.00CR 039405 80.00 18500 BRYAN SCOTT I-200904211717 MEAL REIMB / FTW SHELVES R 4/22/2009 8.87CR 039406 8.87 08150 SIMPSON WRECKER SERVICE I-217600 WRECKER SERVICE R 4/22/2009 400wOOCR 039407 400.00 20320 STANLEY FORD I-12649 INSPECTION-MOTOR/LABOR R 4/22/2009 138.00CR 039408 138.00 15250 SUDDENLINK I-200904211729 INTERNET R 4/22/2009 109.95CR 039409 109.95 11900 TARRANT COUNTY COLLEGE I-46092 SPECIAL INV TOPICS R 4/22/2009 64.00CR 039410 64.00 19460 TCI TIRE CENTERS I-6270001811 REMOVAL OF SCRAP TIRES R 4/22/2009 224.00CR 039411 224.00 02690 TECHLINE, INC. I-1440284-00/01 STANDOFF BRACKETS R 4/22/2009 lf760a76CR 039412 I-1441160/61/62-00 SLEEVES,WEATHERHEAD,PIPE R 4/22/2009 11959.65CR 039412 I-1441343-00 150W HEAD ONLY FIXTURES R 4/22/2009 630.00CR 039412 4,350.41 17380 THE GLOVE GUY I-1100-444 SAFETY GLASSES R 4/22/2009 76.8OCR 039413 76.80 20480 TMHRA I-200904131705 MEMBERSHIP R 4/22/2009 75.00CR 039414 75.00 19260 TYLER TECHNOLOGIES I-76236 UB INQUIRY,WEB PUBLISHING R 4/22/2009 110.00CR 039415 I-76237 WEB HOSTING & SUPPORT R 4/22/2009 125.00CR 039415 235.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 62 0.00 32,512.21 32,512.21 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 62 0.00 32,512.21 321512.21 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 4/20/2009 4:57 PM PACKET: 02286 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 08040 ELIZABETH HIGGS I-200904201715 EARTH DAY PRIZES TOTAL ERRORS: 0 A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 4/20/2009 CHECK DISCOUNT AMOUNT NO# 191.93CR 039353 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 191.93 191.93 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 191.93 191.93 PAGE: 1 CHECK AMOUNT 191.93 4/15/2009 8:20 AM A / P CHECK REGISTER PACKET: 02283 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 00600 CITY OF SANGER I-APRIL09 UT BILLS 2/20 - 3/20/09 R 4/15/2009 14060 ROXANNE BELL LINDBERG I-200904151714 MEAL-4/17/09 ENVIR ENFORC R 4/15/2009 17400 PRECIOUS THOMPSON I-MAR09 TECH SUPPORT 2/24 - 3/10 R 4/15/2009 Tr '..ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 29,669.92CR 039350 29,669.92 12.50CR 039351 12.50 11527.75CR 039352 1,527.75 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 3 0.00 31,210.17 31,210.17 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 31,210.17 31,210.17 4 4/27/2009 1:53 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02301 Regular Payments VENDOR SET: 99 BANK S899 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE PATE DISCOUNT AMOUNT NO# AMOUNT 18190 DEPARTMENT OF INFORMATION RESOURCE I-90308879T LONG DISTANCE R 4/27/2009 72.41CR 039424 72.41 02490 EMBARQ: PHONE SERVICE I-200904271734 940-458-2059 R 4/27/2009 130.91CR 039425 130.91 02490 EMBARQ: PHONE SERVICE I-200904271735 940-458-2571 R 4/27/2009 55.64CR 039426 55.64 02490 EMBARQ: PHONE SERVICE I-200904271736 940-458-3128 R 4/27/2009 45.56CR 039427 45.56 02490 EMBARQ: PHONE SERVICE I-200904271737 940-458-3257 R 4/27/2009 79.52CR 039428 79.52 02490 EMBARQ: PHONE SERVICE I-200904271738 940-458-4433 R 4/27/2009 75.12CR 039429 75.12 02490 EMBARQ: PHONE SERVICE I-200904271739 940-458-4510 R 4/27/2009 39.97CR 039430 39.97 02490 EMBARQ: PHONE SERVICE I-200904271740 940-458-4531 R 4/27/2009 53.45CR 039431 53.45 02490 EMBARQ: PHONE SERVICE I-200904271741 940-458-4721 R 4/27/2009 83.84CR 039432 83.84 02490 EMBARQ: PHONE SERVICE I-200904271742 940-458-7595 R 4/27/2009 85.11CR 039433 85.11 02490 EMBARQ: PHONE SERVICE I-200904271743 940-458-7909 R 4/27/2009 37.22CR 039434 37.22 02490 EMBARQ: PHONE SERVICE I-200904271744 940-458-7444 R 4/27/2009 261.15CR 039435 261.15 02490 EMBARQ: PHONE SERVICE I-200904271745 940-458-7930 R 4/27/2009 184.70CR 039436 184.70 02490 EMBARQ: PHONE SERVICE I-200904271746 940-458-9096 R 4/27/2009 197087CR 039437 197.87 4/27/2009 1:53 PM A / P CHECK REGISTER PAGE: 2 PACKET: 02301 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02490 EMBARQ: PHONE SERVICE I-200904271747 940-458-4180 R 4/27/2009 98.18CR 039438 98.18 09380 GEORGE HUDGINS I-217140 WINDOW CLEANING R 4/27/2009 200.00CR 039439 200.00 17930 ROBERT WOODS I-200904271748 TRAVEL -TX FLOODPLAIN MAN R 4/27/2009 526.76CR 039440 526.76 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 17 0.00 2,227.41 2,227.41 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 17 0.00 2,227.41 2/227641 T 4,ERRORS: 0 TOTAL WARNINGS: 0 4/28/2009 10:13 AM A / P CHECK REGISTER PACKET: 02307 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 18430 FIRST UNITED BANK I-APRIL09 BRAZOS 2/21-3/20/09 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 4/28/2009 NO# DISCOUNTS 1 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 308,932.66CR 039441 308,932.66 CHECK AMT 308,932.66 0.00 0.00 0.00 0.00 0.00 0.00 308,932.66 TOTAL APPLIED 308,932.66 0.00 0.00 0.00 0.00 0.00 0.00 308,932.66 4/29/2009 10:38 AM A / P CHECK REGISTER PACKET: 02312 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 13280 HCSB I-APRIL09 ACCT# 2004096 #53 13380 SANGER BANK I-0409 ACCT 07071866 00065 #45 I-APRIL09 ACCT 07071866 00055 #45 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 4/29/2009 R 4/29/2009 R 4/29/2009 NO# DISCOUNTS 2 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 736.00CR 039442 736.00 1,120.04CR 039443 11542.07CR 039443 2,662.11 CHECK AMT 3,398911 0.00 0.00 0.00 0.00 0.00 0.00 3,398.11 TOTAL APPLIED 3,398.11 0.00 0.00 0.00 0.00 0.00 0.00 3,398.11 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes F1 Not Applicable Council Meeting Date: May 4, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials .- Date L� Al ACTION REQUESTED: [']ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Grazing Lease With David Fulton, 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 ❑ S. Special ❑ $ BACKGROUND/SUMMARY OF ITEM This agreement between the City and David Fulton is for the renewal of a Grazing Lease on the future waste water plant site on Rector Road. The new lease rate is $8.00 per acre per year. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents/Exhibits Attached: Lease agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: GRAZING LEASE Date: May 2009 ("Effective Date") Tenant: David Fulton Tenant's Mailing Address: (Including County) 11370 Rector Road Sanger, Denton County, Texas 76266 Landlord: City of Sanger, Texas Landlord's Mailing Address: (Including County) P.O. Box 1729 Sanger, Denton County, Texas 76266 Premises: Being all that certain tract or parcel of land, SURFACE ONLY, of approximately 95.766 acres more or less, situated in Sanger, Denton County, Texas and being more particularly described in the attached Exhibit "A" ("Leased Premises" or "Premises"). It is understood and acknowledged by Tenant that Landlord shall retain simultaneous use of the premises in part, for the construction and operation of a water and or wastewater treatment facility for the City of Sanger, Texas. Base Rent (Yearly): The base rent is EIGHT DOLLARS PER ACRE PER YEAR, a total of $766.13 annually. The receipt and sufficiency of the first year's base rent is acknowledged by Landlord, the Base Rent as being fully paid by Tenant. The annual Base Rent is due on or before May Ist of each year during the initial and any extension terms hereof agreed on by the parties in accordance with section 18 hereof. Term (Years): Being a FIVE (5) year term, without limitation for the consideration paid, but subject to cancellation and extensions in accordance with Paragraph 18 of this Grazing Lease. Commencement Date: The commencement date of this Grazing Lease shall be May _, 2009. Page �1 Termination Date: The termination date shall be May 2014, subject, however, to any extensions of the additional term made under the terms and provisions of this Grazing Lease and allowing for cancellation by either Landlord or Tenant. Use of Premises by Tenant: The Premises shall be used solely for the grazing of cattle and for the production of hay and grain. "Rent" means Base Rent only which has been frilly paid by Tenant for the first year of the term. "Landlord" means Landlord, its agents, employees, invitees, licensees, or visitors. "Tenant" means Tenant, its agents, employees, invitees, licensees, or visitors. LEASE CLAUSES AND COVENANTS A. Tenant agrees to: 1. Lease the Premises for the entire term beginning on the commencement date and ending on the termination date, together with any extensions of the initial tern made under the terms and provisions of this Grazing Lease. 2. Accept the premises in their present condition "as is" the Premises being currently suitable for Tenant's intended use. 3. Obey all laws, ordinances, orders, rules, and regulations applicable to the use, condition and occupancy of the Premises. 4. Pay for all labor, fuel and utility services used by Tenant. 5. Pay all taxes on Tenant's personal property located on the Premises. 6. Allow Landlord to enter the premises to perform Landlord's obligations and to inspect the premises. 7. Repair, replace, and maintain any part of the premises that Landlord is not obligated to repair, replace, or maintain, normal wear excepted. 8. Repair or replace any damage to the Premises caused by Tenant. 9. Submit in writing to Landlord, any request for repairs, replacement or thereafter when requested. Page �2 10. Deliver certificates of insurance to Landlord before commencement date and thereafter when requested. 11. Indemnify, defend, and hold harmless landlord from any loss, attorneys fees, expenses or claims arising out of Tenant's use of the Premises. 12. Vacate the premises on termination of this Grazing Lease, 13. Use the highest standards of animal husbandry in grazing the Premises. 14. Keep all gates on the Premises closed and locked, ingress to and egress from the premises being at those places designated by Landlord. 15. Tenant agrees to pay ONE-HALF (1/2) of the cost to fence the Premises as set forth in Paragraph C (3) below. B. Tenant agrees not to: 1. Use the Premises for any purpose other than that stated in the lease terms and definitions. 2. Create or allow a nuisance or permit any waste of the Premises. 3. Change Landlord's lock system. 4. Alter the premises without the prior written consent of Landlord. 5. Allow a lien to be placed on the Premises. 6. Assign this lease or sublease any portion of the Premises without Landlord's written consent. 7. Graze more head of cattle on the premises than recommended under managed grazing guidelines. 8. Hunt or fish on the premises or allow anyone else to do so. 9. Litter or leave trash or debris on the Premises. C. Landlord agrees to: 1. Lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date, together with any extensions of the initial term made under the terms and provisions of this Grazing Lease. Page �3 I Obey all laws, ordinances, orders, rules and regulations applicable to the use, condition and occupancy of the Premises. 3. Construct a cattle fence enclosing the Premises, the type of fence, location and expense to be mutually agreed upon by Landlord and Tenant. Landlord agrees to complete the cattle fence on or before THREE (3) months from the commencement of construction of the water and/or wastewater treatment facility on the Premises. 4. Provide Tenant with FIVE (5), six inch sewer taps to Tenant's property adjacent to the Premises. Landlord agrees to provide the sewer connections at no cost to Tenant. The provision of these sewer taps shall run with the land and shall survive the term of this contract. 5. Landscape the Premises in a manner suitable and consistent with the City of Sanger, Texas guidelines for a facility which is intended to be used for water and/or wastewater treatment. Landlord further agrees to provide additional landscaping bordering Tenant's adjacent property, in a manner which shall screen and protect the value of Tenant's property, the type of landscaping and location must be mutually agreed upon by Landlord and Tenant. Landlord agrees to complete the landscaping on or before ONE (1) year after completion of the water and/or wastewater treatment facility on the Premises. 6. Provide Tenant with the use of "sludge", if available and practicable, from Landlord's wastewater treatment facility when it becomes operational. Landlord agrees to provide the "sludge" at no cost to Tenant during the period that Tenant is leasing the Premises. D. Landlord agrees not to: l . Allow any use of the Premises inconsistent with Tenant's permitted use as long as Tenant is not in default. 2. Allow for Landlord's intended use of the Premises to interfere with Tenant's permitted use of the Premises, but subject, however, to Landlord's simultaneous use of the Premises in part, for the construction and operation of a water and/or wastewater treatment facility for the City of Sanger, Texas and to cancellation in part or in full in accordance with Paragraph 18 of this. Grazing Lease. E. Landlord and Tenant Both agree to: 1. Allow Landlord to remove from this lease the amount of property necessary for construction and subsequent additions) to the wastewater treatment plant at Landlord's discretion with Six (6) months notice to Tenant. Tenant will be reimbursed a for the rent paid on the amount of land removed and future annual rent will be adjusted to reflect the new amount of acreage covered under the lease. F. Landlord and Tenant agree to the following: 1. Alterations. Any physical additions or improvements to the Premises made by Tenant shall require the prior written consent of Landlord and will become the property of Landlord. Landlord may require that Tenant, at Tenant's cost, remove any physical additions and improvements, repair and any alterations, and restore the Premises to the condition existing at the commencement date, normal wear expected. 2. Release of Claims/Subrogation. Landlord and Tenant release each other from any claim, by subrogation or otherwise, for any damage to the premises or Tenant's personal property by reason of fire or the elements, regardless of cause, including negligence of Landlord or Tenant. This release applies only to the extent that it is permitted by law, the damage is covered by insurance proceeds, and the release does not adversely affect any insurance coverage. 3. Notice to Insurance Companies. Landlord and Tenant will notify the issuing insurance companies of the release se forth in the preceding paragraph and will have the insurance policies endorsed, if necessary, to prevent invalidation of the insurance coverage. 4. Default by Landlord/Events. A default by Landlord is the failure to comply with any provision of this lease that is not cured within THIRTY (30) days after written notice. 5. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to (a) sue for damages and (b) terminate this Lease Agreement. 6. Default by Tenant/Events. Events of default by Tenant are (a) abandoning or vacating a substantial portion of the premises; or (b) failing to comply within TEN (10) days after written notice with any other provision of this Graze Lease, other than the event of default set forth in (a) above. 7. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to (a) enter upon and take possession of the Premises, after which Landlord may re -let the premises on behalf on Tenant and receive the rent directly by reason of the re -letting, and Tenant agrees to reimburse landlord for any expenditures made in order to re -let; (b) enter the Premises and perform Tenant's obligations; or (c) terminate this lease by written notice and sue for damages. Landlord may enter upon and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other who may be grazing the premises, until the default is cured, without being liable for damages. 8. Default/Waiver/Mitigation. It is not a waiver of default if the non -defaulting party fails to declare immediately an event of default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit or other remedies in this lease or provided by law. Landlord and Tenant have a duty to mitigate damages. 9. Holdover. If Tenant does not vacate the premises following termination of this lease, Tenant shall be deemed a Tenant at will and shall vacate the Premises upon receipt of notice from the Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the term. 10. Alternative Dispute Resolution Provision. Landlord and Tenant agree to mediate in good faith before filing a suit for damages. 11. Attorneys Fees. If either party retains an attorney to enforce this lease, the party who prevails at the time of trial is entitled to recover reasonable attorney's fees. 12. Venue. Venue is the county in which the Premises are located. 13. Entire Agreement. This lease, together with the attached exhibits and riders, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits and riders not incorporated in writing in this lease. 14. Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant. 15. Limitation of Warranties. Landlord and Tenant agree that there ar•e no implied warranties of merchantability, of fitness for a particular purpose, or any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease. 16. Notices. Any notice required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, addressed to Landlord or Tenant at the addresses. 17. Mineral Interests. This Grazing Lease is subordinate to any present or future gas, or other exploration agreements and leases. Landlord shall not be liable to Tenant for any damages for actions attributable to these agreements. 18. Extension of Lease Term/Cancellation. Subject to mutually agreed upon terms and conditions for any extension period, Tenant may extend the initial term of this lease for successive FIVE (5) year extensions by giving written notice to Landlord of Tenant's intent to extend the lease at least SIX (6) months prior to the termination of the initial term or of any extension period. During the initial term and any extensions of the lease, Landlord or Tenant shall have the right to terminate the Grazing Lease upon a written notice of intent to cancel, which shall be given at least SIX (6) months prior to cancellation to coincide with the growing periods normally associated with the grazing of cattle and/or production of hay. 19. List of Exhibits and Riders. Exhibit "A" —Property description. Landlord: City of Sanger, Texas Joe Higgs, Mayor Tenant: David Q'. Fulton ATTEST: Rosalie Chavez, City Secretary Date Date Date Page �7 EXHIBIT A The property covered under the attached lease includes the following as described in the records of the Denton County Appraisal District: A0462a Goddard Survey Tracts la,5a,6a & 7 totaling 56.936 acres A0249a Coker Survey Tract 23 totalling 23 acres A1281a S. Wams Survey Tract 2a totaling 15.83 acres Total Acreage 95.766+/- COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special N Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Yes ❑ Not Applicable Council Meeting Date: May 4, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date 4/ C/Z /! q ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Tower Lease Agreement with Speed of Light Broadband. 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 This agreement between the City and Speed of Light Broadband allows Speed of Light to utilize our three water towers to broadcast their signal. In exchange, the City will receive free broadband access at all City facilities. This will save us approximately $750 a month in broadband services: If the City chooses not to utilize Speed of Light for broadband services, Speed of Light will pay $250 per month per tower instead. Staff recommends approval. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents/Exhibits Attached: Lease agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: TOWER USE LEASE AGREEMENT THIS TOWER USE LEASE ("Lease") is by and between the City of Sanger., Texas ("Landlord") and Speed of Light Broadband ("Tenant"). 1. Lease. Subject to the following teams and conditions, Landlord hereby leases to Tenant the use of that portion of the towers and properties together with easements for access and utilities, generally described herein and collectively referred to hereinafter as the "Premises". The Premises include the following locations in Sanger, Texas; The water tower located at Acker and Pecan; the water tower located at McReynolds Road and Indian Lane and the water tower located at Lois Road and the Railroad Tracks and any and all locations added to this lease through the provisions outlined in Section 17 0) of this agreement. 2. Term. The initial term of the Lease shall be five (5) years comnnencing on the date of approval of the lease by Landlord the ("Commencement Date"), and terminating at midnight on the last day of the initial term the ("Initial Term"). 3. Permitted Use. The premises may be used by Tenant for the transmission, and reception of communication signals and for the construction, installation, operation, maintenance, repair, removal, or replacement of related facilities, antennas, equipment shelters and/or cabinets and related activities. 4. Rent. Tenant shall provide Landlord, in lieu of rent, unlimited wireless access to Tenant's wireless network for all computers used for City business and to install at no charge the equipment necessary at each city facility for wireless access. In the event that Landlord determines, at it's sole discretion, that Landlord no longer desires to use Tenant's wireless network, Tenant agrees to pay rent to Landlord in the amount of $_750_($ 250 per tower site) for the use of the three (3). Rent will be due the first day of the month. Upon renewal as outlined in Section 5, rent will increase based on the CPI-U increase during the previous term. 5. Renewal. Tenant shall have the right to extend this Lease for two (2) additional, five (5) year terms ("Renewal Term"), subject to approval of both parties at time of renewal, which approval, if given, shall be evidenced by an amendment to this Lease or a letter agreement that the parties enter into prior to the expiration of the then current term. Each Renewal Term shall be on the same terms and conditions as set forth herein. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Properties by Landlord, or lessees or licensees of Landlord (subject to Tenant's rights under this Lease, including, without limitation, non-interference). Page -1- 17472 Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees, or agents to use, any portion of the Properties in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that the continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Improvements Utilities; Access. (a} Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including without limitation, radio transmitting and receiving antennas, equipment shelters, and/or cabinets and related cables and utility lines (collectively the "Antenna Facilities"). Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien free and in compliance with all applicable laws and ordinances. The Antennas Facilities shall remain the exclusive properties of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time during the termination of this Lease. (b) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Properties in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear, and casualty excepted. Tenant shall have thirty (30) days to remove all equipment after termination of the lease. (c) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Properties (including, but not limited to, the installation of emergency power generators. Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall install separate meters for utilities used on the Properties. In the event that separate meters are not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use. Tenant shall have the right to install necessary conduit and sleeving from the roof to the point of connection within the building. (d) As partial consideration for services provided under this Lease, Landlord hereby grants Tenant an easement in, under and,across the properties for ingress, egress, utilities and access (including access for the purposes described in Section 3) to the Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to service the Page -2- 17472 Premises and the Antenna Facilities at all times during the Initial Term of this Lease or any Renewal (collectively, `Basement"). The Easement provided hereunder shall have the same term as this Lease. (e) Tenant shall have 24 hours a day, 7 days a week access to the ground based portion of its Premises and Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term, but Tenant shall obtain Landlord's prior approval before doing any work on the Towers, and such approval shall not be unreasonably withheld, conditioned or delayed. (f) Landlord must approve the location of the comnlulucations system equipment including radio transmitting and receiving antennas, equipment shelters, and/or cabinets and related cables and utility lines (collectively the "Antenna Facilities"). All cables shall be run on the interior of the tower unless expressed permission is received from the Landlord to do otherwise. All equipment shall be installed and secured in a neat and professional manner. 8. Termination. Except as otherwise provided herein, the Lease may be terminated, without any penalty or further liability as follows. (a) Upon thuty (30) days written notice by Landlord, if Tenant fails to cure a default providing services under this Lease within that thirty (30) day period; (b) Upon thirty (30) days written notice by either party if the other party commits a non -monetary default and fails to cure or commence curing such default within that thirty (30) day period or such longer period as may be required to diligently complete a cure commenced within that thirty (30) day period; (c) Immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or governmental approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (d) Upon ninety (90) days written notice by Tenant if the Properties, Towers or the Antenna Facilities are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities of the communications system to which the Antenna Facilities belong; (e) Immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In Page -3- 17472 such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. (f) At the time title to the Properties transfers to a condemning authority, pursuant to a taking of all or a portion of the Properties sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Properties to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. (g) Landlord inay terminate this Lease for any individual location upon six (6) months written notice, if Landlord determines, in its sole discretion that any of the Towers located on the Properties should be torn down, repaired or removed during the term of this Lease. 9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes directly attributable to the Antenna Facilities. Landlord shall pay any real property taxes or other fees and assessments attributable to the Properties. 10. Insurance and Subro ag tion. (a) Tenant u=i11 provide Commercial General Liability Insurance in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. 11. Hold Harmless. Tenant agrees to indemnify, defend and hold Landlord harmless from claims arising from the installation, use, maintenance, repair or removal of the Antenna Facilities except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors. 12. Notices. All notices, requests, demands and other commmucations hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next -business day delivery by a nationally recognized overnight carrier to the following addresses: If to Landlord to: If to Tenant to: Ciiy manager City of Sanger P.O. Box 1729 Sanger, TX 76266 An: City Manager Page -4- Speed of Light Broadband 1540 Keller Parkway Suite 108 PMB309 Her, TX 76248 Attn: John Hall 17472 J. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to Tenant that (1) Landlord has full right, power and authority to execute this lease; (ii) it has good and unencumbered title to the Properties and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical, or waste (collectively "Hazardous Substance") on the Properties that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Properties in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Properties. Tenant shall be responsible for and shall promptly conduct any investigation and remediation, as required by applicable environmental laws, all spills or other releases of any hazardous Substance caused by Tenant. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnity may suffer or incur due to the existence or discovery of any Hazardous Substance on the properties or the migration of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Properties. Landlord agrees to defend, indemnify, and hold Tenant harmless from Claims resulting from Actions on the Properties not by Landlord or Tenant prior to and during the Term of any Renewal Term of this Lease. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal or restoration work required by any governmental authority. This section 14 shall survive the termination or expiration of this Lease. 15 . Assignment and Sub -Leasing. Tenant may assign this lease upon written approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Additionally, Tenant, may upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Page -5- 17472 Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagee"), provided such Mortgagee agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagee, landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any properties of Tenant or Mortgagees located on the Premises, except that the cure period for the Mortgagee shall not be any less than thirty (30) days after receipt of the default notice, as provided in Section 8 of this lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant. Failure by Landlord to give Mortgagees such notice shall not dimuush Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease. 16. Successors and Assigns. This Lease and the Easement granted herein shall run with the land and shall be binding upon and insure to the benefit of the parties, their respective successors, personal representatives and assigns. Tenant shall have the choice of providing either wireless services to the new Landlord or paying rent. 17. Miscellaneous. (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppels information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements, with respect to the subject matter and properties covered by this Lease. (d) Each party agrees to cooperation with the other in executing any documents necessary to protect its rights or use of the Premises. (e) This Lease shall be construed in accordance with the laws of the State of Texas. (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. Page -6- i�4�a (g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h} This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (i} This Lease is nat exclusive and Landlord shall have the right to lease other portions of the Properties and Towers to other users; provided, however, that such other users shall in no event interfere with or impair Tenant's use or elljoyment of its Premises of Antenna Facilities. (j) Upon written muival agreement between Landlord and Tenant other locations may be added to this lease from time to time. Any and all additional locations are required to meet the terms of the lease. (k) In the event of loss of service in all or part of Tenants coverage area, Tenant agrees to restore service within thirty six (36) hours. Page -7- i pan By: Printed Name: Date: TENANT: By: City of Sanger Texas Joe Higgs, I�✓✓Iayor Printed Name: John Hahl, President Date: Attest: Rosalie Chavez, City Secretary Page -8- z�a�z CITY OF SAMAR COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ej Yes F1 Not Applicable Council Meeting Date: Submitted By: May 4, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials - Date ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION # R05-03-09 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action Regarding a Resolution permitting a Tent Service for a specific period on property between Church Street & Wood Street, east of Interstate 35. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Hope of Glory Church is requesting adoption of a resolution permitting the operation of a tent service for forty-five (45) days. The tent service would be located on the north side of Church Street, east of the Interstate 35 service road. Tent services are listed in the Zoning Ordinance as permitted by resolution of the City Council for a specific period. The church was granted permission for a tent service in Summer 2008. There were no reported problems during the period it was in operation. STAFF OPTIONS & RECOMMENDATION The applicant has responded to questions of city staff about the safety of persons at the site and how the applicant will provide public services for them. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Description of Tent Service, Site Plan, and Agencies: Response to questions about safety and public None services RESOLUTION OS-03-09 A RESOLUTION OF THE CITY OF SANGER, TEXAS PERMITTING A TENT SERVICE FOR A SPECIFIC PERIOD. WHEREAS, the Hope of Glory Church has applied to conduct a tent service as a temporary land use for a specific period; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1: The Hope of Glory Church is hereby permitted to conduct a tent service on property located on the north side of Church Street east of Interstate 35, subject to the conditions of the attached exhibits, for a period of up to forty-five (45) consecutive days commencing no later than Tuesday, September 1, 2009. Section 2: That this resolution shall become effective immediately upon its passage and approval. DULY PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 4th day of May, 2009. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary/Asst City Manager Hope Of Glory Church TENT SIZE-SOX80 TENT COMPACITY 400,expecting 50 or maybe 100, but hoping for morel Our church mission is to have a 30 day outreach for Sanger and surrounding communities. The land was donated for church use by local realtor John Springer and the church is also working along side Pastor Dewayne Dawson of Pentecostal Church Of God in Sanger. Sincerely, Pastor Brad Hughes 940-595-0 / !) 1 hope Iglory@gmall.com Church St. PROPOSED TENT SERVICE IN SANGER To whom it may concern, 1.The distance between the tent, the property lines and parking lot All be 30 ft.(including ropes) 2.The whole lot will be mowed and the tent will be far more than 30ft. From any combustible vegetation. 3. There will be at least three major exits in tent. I spoke to the fire chief concerning how wide my aisles will need to be for wheelchairs etc. and according to him it was 42 inches. 4.There will be to fire extinguishers provided. S.Two portable toilets will be provided (male and female) i.The church will remove any trash nightly or in compliance with what the city expects of us. 7.Concerning the size of the parking area we are not sure the exact size but we will be in compliance with what ever you want .We will be expecting about 40 cars .The cars will access the tent meeting via church street by driving onto grass. The parking area cannot be accessed by any other streets. 8.Possibly one sign will be posted in front of tent ,but at this time there will be no other signs. ).The facility will have someone there 24 hours a day.