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.