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05/19/2008-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, MAY 199 2008 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Consider and Approve the Canvass of the Votes from the May 10, 2008 General Election and Issue Certificates of Elections to the Newly Elected Officials. 3. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. 5. 6. Presentation by the Keep Sanger Beautiful Board on the New Entry Mural. a) Approve Minutes b) Disbursements CONSENT AGENDA May 5, 2008 -Work Session May 5, 2008 - City Council Consider any Items Removed from Consent Agenda. 7. Approve Contract Between Upper Trinity Regional Water District, Clear Creek Regional Water Reclamation System and the City of Sanger. 8. Information Items: a) City of Sanger Investment Report b) City of Sanger Financial Report c) New City Hall Expense Summary d) Chamber Investment Report e) Library Monthly Report f) Legislative Update g) Letter from Woods of Mission Timber, LTD. 9. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the eneral rblic at all times, and said Notice was posted on the following date and time: ` at '''Q ; 6o p.m. and shall remain posted until meeting is adjourned. Rosalie Chavez City Spor4dry .--, . '�•. /� -- City of Sanger, Texas T i notice bwas removed from the official bulletin board on f "t. `% at Y This facility is wheelchair accessible and accessible parking spaces are available. Requests for acconunodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal 0 Yes ® Not Applicable Ll Yes Not Applicable Council Meeting Date: Submitted By: May 19, 2008 Rose Chavez City Manager Reviewed/Approval Initials Date J _ (w ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Approve the Canvass of the Votes from the May 10, 2008 General Election. a. Issue certificates of Elections to Newly Elected Officials FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The presiding officer of the canvassing authority is the Mayor. This is the required procedure to comply with Chapter 67, Section 67.003 of the Election Code. STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Cumulative Report -- Official DENTON COUNTY, TEXAS — CITY OF SANGER GENERA. ELECT[ON — May 10, 2008 m Page t of 1 05f121200811:55 A% w Total Number of Voters : 203 of 0 = 0.00°lo Precincts Reporting [ of 1 = 1(}0.00°� n party Candidate Early Election Total Mayor, Vate For 1 Joe R. Falls 14 15.91°'0 19 1fi.fi7°r`o 33 16.34% Joe Higgs 74 84609% 95 SIM 169 83.66°% Cast Votes: 88 98.88% 114 100=00% 202 99.51% City Council, Place 23 Vote For 1 Jack Smith 19 21.59°% 29 25.89% 48 24.00% Gienn Ervin 63 71459% 73 66.18% 136 68.00°% Larry Philter fi 6.82% 10 8.93% 16 8.00% Cast Votes: 88 98.88% 112 98.25% 200 98.52% z City Councii, dace 4r Vote For 1 0 Andres (Andy) G. Garza, Jr. 78100.0M 931dD.DD% 17110100% JCast Votes: 78 87.64°% 93 81.5 % 171 84.24% w m � le Q CD NT 40Fa�r caul I CTILn m m m CV CV c-1 1 Ln m MINUTES: City Council Meeting Workshop May 5, 2008 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez L Call Meeting to Order. Mayor called meeting to order. 2. Discussion on Ordinance #04-12-08 -Amending Chapter 10, Subdivision Regulations of the Code of Ordinances of the City of Sanger. City Manager advised that at the last work session they discussed and reviewed all the changes; however, it was the first time Council had a chance to review the subdivision regulations. There was a clean version and a marked version with the changes. It is on the agenda tonight in case they had questions. Councilman Muir indicated he had some questions and corrections regarding the clean and the marked version. There were questions regarding the preliminary plat and the final plat. The corrections were noted. City Manager advised the Planning and Zoning Commission must act within 30 days on a final plat. He also advised some of the areas of concerns were requirements of State Law and he will make sure to verify those areas in question. The other question Councilman Muir addressed was the wording in Section 9.03, item (a) It serves no more than six lots. Discussion followed. City Council agreed to change the wording to reflect Section 9.03 (a) to read as follows: It serves no more than six lots abutting to a street. Discussion continued with the acreage requirement for septic system in the ETJ. It was determined the City adopt the County requirements concerning septic system. 3. Discussion on Future Industrial Development and Possible Establishment of a Tax Increment Reinvestment Zone. City Manager addressed Council concerning the possibility of establishing a TIRZ zone. He has had several inquires on the property that is around Wal-Mart. The people walk away from possibly developing the property due to the infrastructure cost. An update on the existing sewer line extending to these properties was discussed. City Manager explained the process on now the TRU zone works. The property is taken at what it is valued today and as it develops the difference of the increased tax value is what Council can decide what proportion of that is put back for the TIRF to develop the infrastructure. The Sanger School System and the County can participate as well. City Manager indicated the City will not get the property tax on this property unless it does develop. If this is developed the City will capture a portion of the property tax and with time we will eventually get the full property tax. Discussed that currently there has not been any interest in railroad access. The district will not carry a different tax rate. The sell of bonds was discussed. This will benefit future development. The existing sewer line is not big enough if all this property develops. Councilman Garza questioned the existing sewer line. He indicated he was under the impression that the bore that was done under Interstate 35 would carry development on the West side of the Interstate. City Manager advised that if there was development on the West side of Intersate 35 it will not necessarily burden that line; however, if all the property around Wal-Mart develops then the line is not big enough. There was a lengthy discussion concerning the existing sewer line that goes to Wal-Mart. City Manager indicated it will eventually take 4A monies and a TIRF zone to build the infrastructure to this area. If this is something the Council wants him to do then he will proceed further. It does take a long time and it is expensive due to the attorney fees in setting it up. Councilman Muir expressed that in the long run he feels it is a good idea, but in the short run if the City is trying to build the stability level, how much property taxes will the City be giving up that can be utilized in the General Fund. City Manager indicated this is up to Council since they can set the rate. Councilman Muir asked if the rate can be changed periodically. City Manager indicated that it can't be changed. The money from the TIRZ zone is what pays the bond debt. Councilman Muir indicated in the short run the City is losing some of its liquidity, its cash flow since the City will be banking on the development to come. It is a win situation if the property goes up with development. City Manager continued to explain the process which could take six months to a year. If the TIRZ zone is established and if commercial development comes then the next process would be to sell bonds. This allows them to determine the tax revenue the development will generate before the bonds are sold. Councilman Patton asked the City Manager if he could conduct a research and check with other cities who have done this and how successful they were. City Manager advised he will do some more research and have more information for Council. He will also visit with the other entities to see if they are interested in participating. Councilman Higgs asked how do other ces like Decatur and Burleson get the monies to buy property for Industrial Park Development. City Manager advised it could have been purchased with 4A or 4B monies. They buy the property for future development. City Manager advised he has had inquires for Commercial Industrial Development. 4. Questions from the Council. 5. Overview of Items on Regular Agenda. City Manager asked Council if there were any questions concerning agenda items. Councilman Muir asked who were the members that serve on the sign ordinance committee and who is responsible for getting the meetings scheduled. Councilman Muir also serves on this committee. City Manager advised Russell Martin, Mike Walker and there is another member from the Planning and Zoning Commission who will also serve on the committee. City Manager will be responsible for calling the meetings. Councilman Muir also advised he would like to add an addendum to the minutes of April 21, 2008 # 17. He wanted his motion to read as follows for clarification: Councilman Muir moved to approve Ordinance # 04-20-08, stating that he was not for general rate increases for the sake of increases. However, this increase will have a very small effect on residents' monthly bills. The additional revenue would help the City build its reserve account which is fiscally responsible and consistent with the advice given by the city's auditor. Council agreed to the change as indicated. Councilman Ervin had a question concerning the hardware maintenance agreement cost for Interactive Computers. City Secretary advised the Municipal Court does have annual hardware maintenance support through Incode. Interactive Computers is part of Incode/Tyler Technologies. Councilman Garza asked when will the City be finished with all the electric poles. City Manager advised all the poles are in the ground and the only thing that hasn't been done is the cable and phone companies have not switched over to the city's poles. They have had their trucks working in town all this week. Councilman Garza indicated they have come again today to this customer's property and asked to get back into his property to work. He indicated this has been ongoing from December through May of this year. The customer has just sodded the area. He is not looking for money but this is a long time in trying to get a job done. City Manager advised they have been on these utility companies for five months to get their work completed. 6. Adjournment. Mayor adjourned the workshop session. MINUTES: City Council Meeting May 5, 2008 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Don & Kim Hall and Shannon Graves, Sanger Courier 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, Councilman Garza led the invocation, followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes April 21, 2008 -Work Session (Page 1-2) April 21, 2008 - City Council (Page 340) b) Disbursements (Page 11-31) c) Approve Appointment of Will Dutton to the 4B Board (Page 32-34) d) Approve Appointment of Bob Koger as an Alternate on the Planning &Zoning Board (Page 3543) e) Approve Resolution #05-10-08 -Authorizing the Filing of a Project Application with the North Central Texas Council of Governments for a Regional Solid Waste Program Implementation Project (Page 44=46) City Manager advised there are two appointments, Will Dutton to the 4B board (Sanger Texas Development Corporation) and Bob Koger as an alternate to the Planning and Zoning Commission. There is also a resolution for the City to proceed with grant application to the North Central Texas Council of Governments Regional Solid Waste Program. This is the same grant that funded the environmental officer about two years ago. This grant is to try to get funded for the purchase of a truck with grappler arm for picking up large piles of brush. This will help speed up the process of the removal of brush. The grant will also help pay for a part-time person to help run the truck. During certain times of the year we get behind on brush removal. This will help speed the process and allow the crew to take it to another location for chipping. Motion was made by Councilman Muir to approve the consent agenda as presented with one amendment to the minutes in rewording of a portion of item #17, 3''`' paragraph of the minutes to reflect the conversation of the last council meeting as follows: Councilman Muir moved to approve Ordinance # 04-20-08, stating that he was not for general rate increases for the sake of increases. However, this increase will have a very small effect on residents' monthly bills. The additional revenue would help the City build its reserve account, which is fiscally responsible and consistent with the advice given by the city's auditor. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None 5. Conduct Second Public Hearing to Consider Proposed Annexation of the Following Properties: (Page 47-48) A. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56A, BEING 2.012 ACRES IN DENTON COUNTY, TEXAS. (R179677) Be ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 109 BEING 36.86 ACRES IN DENTON COUNTY, TEXAS. (R56265) C. ABSTRACT 801 WM MASON SURVEY, TRACT 32, BEING 42.64 ACRES IN DENTON COUNTY, TEXAS. (R59794) D. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22D, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270616) E. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22E, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R2706171 F. ABSTRACT 299 REUBEN BEBEE SURVEY, TRACT 22F, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270618) G. ABSTRACT 299 REUBEN BEBEE SURVEY, TRACT 22G9 BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R281945) H. ABSTRACT 299 REUBEN BEBEE SURVEY, TRACT 229 BEING 15.357 ACRES IN DENTON COUNTY, TEXAS. (R59825) I. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22A, BEING 4.625 ACRES IN DENTON COUNTY, TEXAS. (R266027) J. ABSTRACT 1281, S. WILLIAMS SURVEY, TRACT 2A, BEING 15.83 ACRES IN DENTON COUNTY, TEXAS. (R268806) K. ABSTRACT 4629 GODDARD SURVEY, TRACTS lA, SA, 6A, AND 7, BEING 59.936 ACRES IN DENTON COUNTY, TEXAS. (R268819) L. ABSTRACT 4621 GODDARD9 TRACT 89 BEING 11.71 ACRES IN DENTON COUNTY, TEXAS AND BEING THE RAILROAD RIGHT OF WAY. (R57863) Mayor read the description of all the properties and declared public hearing opened. Don Hall addressed the Council on item (G) R#281945. He asked if the property was annexed what are the benefits. City Manager advised that the biggest benefit is police protection. They are already getting fire protection and eventually other options water and sewer will be provided. Don Hall advised it will create a tax burden and the little business that they have can't support more than what they pay currently. It will take some of the rights that people have to the property, bird hunting and stuff. They conducted their own feasibility study prior to the purchase of the property. The one reason for their purchase was that the property was not in the City limits. Their main concern is the property can't handle any more taxes. There were no other citizens who spoke for or against. Mayor declared public hearing closed. 6. Consider and Possible Action on Ordinance #04-12-08 -Amending Chapter 10, Subdivision Regulations of the Code of Ordinances of the City of Sanger. (Page 49-103) City Manager advised there were only two changes; there were two items to be underlined and on Section 9 Extension to Extraterritorial Jurisdiction, 9.03 pg. 73 (a), It serves no more than six (6) lots adjacent to a street. Motion made by Councilman Patton to adopt Ordinance #04-12-08 -Amending Chapter 10, Subdivision Regulations of the Code of Ordinance of the City of Sanger with the two wording exceptions that were prior noted. Seconded by Councilman Ervin. Motion carried unanimously. 7. Consider and Possible Action Regarding an Exemption from the Requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted), on Property Legally Described as O.T. Sanger, Block 21, Lot 2. Property is Located at 115 N. 5t' Street. (Page 104-106) City Manager advised the Methodist Church wants to put an accessory building for Church use. They are in a B=3 district and brings into play the metal building ordinance. At the last meeting they approved the accessory building regulations that included the provision that a church or school could request a waiver of the masonry requirements for portable buildings. City Manager advised that Samantha Re nz, (Engineer Coordinator) submitted a memo indicating that the Planning and Zoning Commission had approved this with a 6-1 vote, with the following stipulations. 1. That the skirting is made of some type of masonry material, including hardy board, that will compliment or match the exterior facade of the church. 2. That the building is a color that will compliment or match the exterior facade of the church. 3. That it be landscaped as would be required for new commercial construction along the sides and rear of the property. Mayor asked if there was a reason the vote was not unanimous. City Manager indicated he did not know. Councilman Ervin asked if in the future if the vote is not unanimous, if they can get the comments from Planning and Zoning as to the reason. Motion was made by Councilman Garza to approve the exemption with the additional recommendations that were recommended by Planning and Zoning. Seconded Councilman Muir. Motion carried unanimously. 8. Information Items: (Page 107) a) New City Hall Expense Summary (Page 108) City Manager gave a brief overview of the Expense Summary report and the savings to the City by doing the project ourselves and not using a general contractor. b) Letter from TML Regarding 2006/2007 Equity Return (Page 109) City Manager advised that the City received a rebate from TML on equity return of $16,227 that was deposited into the Emergency Reserve Fund. 9. Adjournment. Mayor declared meeting adjourned. 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ---..........---------------------------------------------------------------------- DESCRIPTION 9'. 70 AT&T I-200805100797 001-15-5510 TELEPHONE SER CELL PHONE BILLS 99-01550 ATMOS I-200805100801 001-15-5515 ELECTRIC AND UTILITY GAS BILL 99-02170 REINERT PAPER & CHEMICA I-217634 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 99-08460 DELL COMPUTERS, LLP I-XCKX8DFV14/WW28W9 001-15-6010 CO(MPPUPR_EQUI COM`PPUTEaeC.ITY SECT. 99-18790 FUELMAN((JJJJffGGtt I-200805100800 001-15-5320 MOTOR VEHICLE VEHICLE FUEL DEPARTMENT 15 ADMINISTRATION BANK: SB99 CHECK# AMOUNT 000000 16.47 000000 4.20 000000 4.66 000000 288.41 000000 29.94 TOTAL: ------------------------ 343.68 5/10/2008 6:09 PM PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # -------------- 9 70 AT&T I-200805100797 99-01550 ATMOS I-200805100801 99-02170 REINERT PAPER & CHEMICA I-217634 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-18-5510 TELEPHONE SER CELL PHONE BILLS 000000 16.47 001-18-5515 ELECTRIC & GA UTILITY GAS BILL 000000 4.20 001-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 4.66 --------------------------------------- DEPARTMENT 18 ENGINEERING ---------------------------- TOTAL: --------------------- 25.33 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BUDGET TO USE: CB -CURRENT BUDGET PAGE: 3 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9'f 70 REINERT PAPER & CHEMICA I-217634 001-20-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.33 99-03960 AMSTERDAM PRINTING I-0884204 001-20-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 000000 27974 99-14900 DENTON MUNICIPAL ELECTR I-200805100795 001-20-5311 R & M EQUIPME REPAIR POLICE RADIOS 000000 400.00 99-18790.....FUELMAN I-200805100800 001-20-5320 MOTOR VEHICLE VEHICLE FUEL 000000 3,203.68 DEPARTMENT 20 POLICE TOTAL: 31640.75 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9 70 AT&T I-200805100797 001-24-5520 CELLULAR PHON CELL PHONE BILLS 000000 98.79 99-03960 AMSTERDAM PRINTING I-0884204 001-24-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 000000 27.74 99-19000 JEERY CUNNINGHAM I-100 001-24-5235 DUES & REGIST GUEST INSTRUCTOR 000000 500.00 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 626.53 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9'. !'00 MOORE MEDICAL CORP. I-725926 001-25-5440 MEDICAL SERVI MEDICAL SUPPLIES 000000 1,620.48 99-15220 RGR REDI-MIX, LP I-3851 001-25-5310 R & M BUILDIN 2YRD CONCRETE 000000 170.00 I-3851 001-25-5310 R & M BUILDIN FUEL CHARGE 000000 25.00 99-16240 SCHAD & PULTE I-62262 001-25-5440 MEDICAL SERVI 4 OXYGEN CYLINDERS 000000 12.00 99-17260 QUEST CARE I-0408 001-25-5440 MEDICAL SERVI EMS MEDICAL DIRECTOR SERV 000000 500.00 99-18790 FUELMAN I-200805100800 001-25-5320 MOTOR VEHICLE VEHICLE FUEL 000000 842.16 99-18990 TRINITY DISTRIBUTING I-9093 001-25-5310 R & M BUILDIN 6X8 STORAGE DOOR 000000 203.00 ----------- ----------....... -............... ------------------------- DEPARTMENT 25 AMBULANCE ------------------- ------------------- TOTAL: ------------------------- 3,372.64 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 ENFORCEMENT/INSPECTION BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION PAGE: 6 BANK: SB99 CHECK# AMOUNT ------------------ --- 91 5;70 AT&T I-200805100797 001-28-5510 TELEPHONE CELL PHONE BILLS 000000 65.86 99-01550 ATMOS I-200805100801 001-28-5515 ELECTRIC/GAS UTILITY GAS BILL 000000 8.39 99-02170 REINERT PAPER & CHEMICA I-217634 001-28-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.33 99-18790 FUELMAN I-200805100800 001=28-5320 VEHICLE FUEL VEHICLE FUEL 000000 41.67 --------------------------------- --------- --------------------------------- DEPARTMENT 28 ----......... ENFORCEMENT/INSPECTION ----------------- --------------------------- TOTAL: 125.25 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION 9, 70 AT&T I-200805100797 001-30-5510 TELEPHONE SER CELL PHONE BILLS 99-02170 REINERT PAPER & CHEMICA I-217634 001-30-5245 JANITORIAL SU CLEANING SUPPLIES 99-03960 AMSTERDAM PRINTING I-0884204 001-30-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 99-18790 FUELMAN I-200805100800 001-30-5320 MOTOR VEHICLE VEHICLE FUEL DEPARTMENT 30 STREETS PAGE: 7 BANK: SB99 CHECK# AMOUNT 000000 000000 000000 000000 TOTAL: 65.86 9.33 55.48 793.96 924.63 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9 '170 AT&T I-200805100797 001-32-5520 CELLULAR PHON CELL PHONE BILLS 000000 32.93 99-02170 REINERT PAPER & CHEMICA I-217634 001-32-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.33 99-18790 FUELMAN I-200805100800 001-32-5320 MOTOR VEHICLE VEHICLE FUEL 000000 853.05 -------------............... -----.............. ---------------------- DEPARTMENT 32 PARKS ----------------------------- ---------------------------------- TOTAL: 895.31 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 VEHICLE MAINTENANCE BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 9 70 ',70 AT&T I-200805100797 001-36-5520 CELLULAR PHON CELL PHONE BILLS 99-18790 FUELMAN I-200805100800 001-36-5320 MOTOR VEHICLE VEHICLE FUEL DEPARTMENT 36 VEHICLE MAINTENANCE PAGE: 9 BANK: SB99 CHECK# AMOUNT ------------ 000000 16.47 000000 58.08 TOTAL: 74.55 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET PAGE: 10 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9{ 70 REINERT PAPER & CHEMICA I-217634 001-40-5245 JANITORIAL & CLEANING SUPPLIES 000000 9.33 I-217634 001-40-5245 JANITORIAL & CLEANING SUPPLIES 000000 9.33 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 18.66 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9; 40 RADIO SHACK I-10031689 001-42-5270 PROGRAMS AND 3PACK POWER STRIP 000000 29.99 I-10031689 001-42-5270 PROGRAMS AND MOUSE 000000 14.99 DEPARTMENT 42 LIBRARY TOTAL: 49.98 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND DEPARTMENT: 001 70 GENERAL FUND DEBT SERVICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9 '80 SANGER BANK I -MAY PAYMENT 001-70-7006 LEASE PAYMENT 07071866 LOAN PAYMENT 000000 1,654.28 I -MAY PAYMENT 001-70-7009 LEASE PAYMENT 07071866 LOAN PAYMENT 000000 2,233.83 DEPARTMENT 70 DEBT SERVICE TOTAL: 3,888.11 -------------------------------- VENDOR SET 001 GENERAL FUND TOTAL: 13,980.42 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK#i AMOUNT 9 ,,70 AT&T I-200805100797 008-15-5510 TELEPHONE SER CELL PHONE BILLS 000000 16.46 99-01550 ATMOS I-200805100801 008-15-5515 ELECTRIC & GA UTILITY GAS BILL 000000 4.19 99-02170 REINERT PAPER & CHEMICA I-217634 008-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 4.65 99-08460 DELL COMPUTERS, LLP I-XCKX8DF114/WW28W9 008-15-6010 COMPUTER EQUI COMPUTERS 000000 288.41 99-18790 FUELMAN I-200805100800 008-15-5320 MOTOR VEHICLE VEHICLE FUEL 000000 29.95 DEPARTMENT 15 Administration TOTAL: 343.66 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 9''. 70 AT&T I-200805100797 008-18-5510 TELEPHONE SER CELL PHONE BILLS 99-01550 ATMOS I-200805100801 008-18-5515 ELECTRIC & GA UTILITY GAS BILL 99-02170 REINERT PAPER & CHEMICA I-217634 008-18-5245 JANITORIAL SU CLEANING SUPPLIES DEPARTMENT 18 ENGINEERING ------------------------------------------------------------------------------------------------ PAGE: 14 BANK: SB99 CHECK# AMOUNT 000000 16.46 000000 4.19 000000 4.65 TOTAL: -------------------------- 25.30 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 9. '?60 AMSTERDAM PRINTING I-0884204 008-19-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 99-08460 DELL COMPUTERS, LLP I-XCKX8DFW4/WW28W9 008-19-6010 COMPUTER EQUI COMPUTER -BILLING I-XCKX8DFW4/WW28W9 008-19-6010 COMPUTER EQUI COMPUTER -COUNTER 99-11170 RICOH, INC. I-402522438 008-19-5315 R & M MACHINE COUNTER READING ON COPIER ------------------------------ ------....... ---------------- --------------------------------------------- DEPARTMENT 19 Data Processing PAGE: 15 BANK: SB99 CHECK# AMOUNT 000000 27.76 000000 576.82 000000 795.94 000000 447.53 TOTAL: -------------------------- 1,848.05 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 Vehicle Maintenance BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9 ;: 70 AT&T I-200805100797 008-36-5520 CELLULAR PHON CELL PHONE BILLS 000000 16.46 99-18790 FUELMAN I-200805100800 008-36-5320 MOTOR VEHICLE VEHICLE FUEL 000000 58.08 DEPARTMENT 36 Vehicle Maintenance TOTAL: 74.54 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9.:.................70 AT&T I-200805100797 008-50-5520 CELLULAR PHON CELL PHONE BILLS 000000 65.86 99-02170 REINERT PAPER & CHEMICA I-217634 008-50-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.33 99-03960 AMSTERDAM PRINTING I-0884204 008-50-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 000000 27.74 99-18790 FUELMAN I-200805100800 008-50-5320 MOTOR VEHICLE VEHICLE FUEL 000000 1,409.68 DEPARTMENT 50 Water TOTAL: ------------------- ---------------......... -------------------- ------------------------ 1,512.61 -------------- 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 Waste Water Treatment BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9, 70 AT&T I-200805100797 008-54-5510 TELEPHONE SER CELL PHONE BILLS 000000 32.93 DEPARTMENT 54 6daste Water Treatment TOTAL: 32.93 5/10/2008 6:09 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01487 CC PACKET 5/19/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK11 AMOUNT 9'-....,,..70 AT&T I-200805100797 008-58-5520 CELLULAR TELE CELL PHONE BILLS 000000 65.86 99-02170 REINERT PAPER & CHEMICA I-217634 008-58-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.33 99-02690 TECHLINE, INC. I-1436816-00 008-58-6020 IMPROVEMENTS FAULT INDICATORS 000000 4,260.00 I-1436816-00 008-58-6020 IMPROVEMENTS MAGNET 000000 50.00 99-03960 AMSTERDAM PRINTING I-0884204 008-58-5210 OFFICE SUPPLI EMPLOYEE APPLICATIONS 000000 27.74 99-13380 BANGER BANK I -MAY PAYMENT 008-58-5345 99-18790 FUELMAN I-200805100800 008-58-5320 LEASE EQUIPME 07071866 LOAN PAYMENT 000000 MOTOR VEHICLE VEHICLE FUEL 000000 DEPARTMENT 58 --------------------------------- Electric Department --------------------- TOTAL: 1,120.04 717.82 6,250.79 VENDOR SET 008 ENTERPRISE FUND TOTAL: 10,087.88 REPORT GRAND TOTAL: 24,068.30 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Yes ❑ Not Applicable Council Meeting Date: May 19, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Contract Between Upper Trinity Regional Water District, Clear Creek Regional Water Reclamation System and the City of Sanger. 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 STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Tami Taber From: Mike Brice [mbrice@sangertexas.org] Sent: Thursday, May 08, 2008 2:01 PM 'o: 'Tami Taber' Subject: FW: UTRWD Contract I forwarded this to the Council already but go ahead and include it in the packet. From: Robert Dillard [mailto:Rdillard@njdhs.com] Sent: Friday, April 25, 2008 11:07 AM To: Mike Brice Subject: UTRWD Contract Mike: I have reviewed this at your request. The City will have a considerable financial obligation under this, including, among other things, the annual requirement (3.01) and capital costs. Some of this may be recovered as other users tie into the plant. It is a minimum 'discharge or pay' contract. You have to pay for .2 mgd whether you discharge that much or not. It will be necessary to study and probably increase your water and wastewater service rates. (section 4.07) You will need to review and amend the industrial waste ordinance (2.26 and 12 e, 15 in Ex. C). 4.09 and Ex. D require you to allow use of your ROW and to acquire new ROW or easements, by eminent domain if necessary. This is sometimes politically unpopular. 4.14 refers to Prosper and that should be corrected. Ex. D requires your best efforts' to include MUDs in your service area. This may be difficult unless there is an advantage the MUD to do so. It requires numerous plans by the City. You may need to amend your Code of Ordinances with regard to mandatory connection to the wastewater system. You may have to issue bonds to pay the capital costs required. 12 (a) should read "in approximately _ acres" and fill in the blank. 12 b will require the City to transfer the land to the District. That can be handled like any real estate transaction except we will need to condition it as an exception to ch. 272 LGC re sale of City land. 12d requires transfer of the discharge permit. 16 requires you to pay an 'equity fee' sometime so you need an approximate amount to budget a reserve for it in your utility fund Budget. The 'building activity fee' looks very much like an impact fee. If authorized by ch. 395 LGC, you will need to amend your impact fee ordinance to include the $500 per connection fee. This is certainly a quick review by me. I trust you and Rob have studied extensively and are satisfied with it. It should provide the service indefinitely so I suppose the main question Council will have is how much will it cost. But you may not have much choice. The City of Justin is going through the same thing and has put it off as long as they can, choosing instead to expand their existing plant. I am out of the office today, but you can try my cell #214.908.0416 if we need to talk. Robert L. Dillard, III Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax * '*Information contained in this transmission is attorney privileged and confidential. It is intended for the use of -'the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby 1 UPPER TRINITY REGIONAL WATER DISTRICT CLEAR CREEK REGIONAL WATER RECLAMATION SYSTEM CITY OF SANGER PARTICIPATING MEMBER CONTRACT THE STATE OF TEXAS § COUNTY OF DENTON § This REGIONAL WASTEWATER TREATMENT SERVICES CONTRACT (the "Contract") made and entered into as of the I day of , 2008 (the "Contract Date"), by and among UPPER TRINITY REGIONAL WATER DISTRICT, (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and the CITY OF SANGER, TEXAS, a Texas Municipality (referred to herein as "Sanger", "Participating Member" or "Member"). WITNESSETH WHEREAS, Sanger is a home rule municipality and a duly incorporated political subdivision of the State of Texas operating under the Constitution and laws of the State of Texas; and, WHEREAS, Sanger currently holds a Certificate of Convenience and Necessity ("CCN") issued by the Texas Commission on Environmental Quality ("TCEQ") to provide wastewater servi wces within and without its existing corporate limits; and, Sanger does provide wastewater collection services to retail customers within its service area; and, WHEREAS, Sanger is a Member of the District, specifically a Participating Member in the Regional Treated Water System, pursuant to a contract dated November 13, 1990; and, WHEREAS, Sanger has requested that the District provide regional wastewater treatment service for Sanger's local wastewater collection and transportation system within its service area; and, WHEREAS, the District, in cooperation with Sanger, proposes to develop and construct a regional water reclamation system known as the Clear Creek Regional Water Reclamation System in northwest Denton County that includes an interceptor pipeline to transport wastewater, a treatment plant with associated sludge handling facilities, flood plain protection, effluent discharge, metering facilities and other necessary facilities; and, Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract WHEREAS, the District previously completed a study described in a report entitled "Planning Study of Wastewater Service to North Denton County - - City of Sanger Area," prepared by Alan Plummer Associates, Inc. and dated May 2004, which report outlines steps for the District to take to provide wastewater treatment service for the Clear Creek Service Area; and, WHEREAS, Sanger operates its existing wastewater treatment plant, which plant is near its rated capacity and is not adequately located to serve all of Sanger's service area; and, WHEREAS, Sanger has conducted an engineering evaluation of the alternatives for meeting its future needs for wastewater treatment, which evaluation determined that a new expanded plant with adequate capacity located on a better site for long term needs, which engineering evaluation is herein referred to as the "Preliminary Engineering Design Report", which engineering evaluation, together with the report prepared by Alan Plummer Associates, Inc. referenced above, is herein referred to as the "Engineering Reports"; and, WHEREAS, based on the Preliminary Engineering Design Report, Sanger filed an application with, and received from, TCEQ a new discharge permit for a wastewater treatment plant ("Clear Creek Plant") to be located south of Railroad Avenue and Rector Road; and, WHEREAS, Sanger and District agree that it is in the mutual interest of both parties for District to own and operate the Clear Creek Plant as a regional water reclamation facility in accordance with the concepts outlined in the Engineering Reports; and, WHEREAS, the location of the proposed Clear Creek Plant is advantageous, enabling the District to accept Wastewater by gravity flow from Sanger and other potential entities in the Clear Creek Service Area; and, WHEREAS, Sanger holds a valid discharge permit for its existing wastewater treatment plant and has recently received a discharge permit for the proposed new Clear Creek Plant; and, WHEREAS, Sanger has determined that it will be in Sanger's best interest to transfer its new discharge permit to the District; and, to not renew the discharge permit for its existing wastewater treatment plant pursuant to the terms of this Contract; and, WHEREAS, Sanger desires to enter into this Contract with the District to participate in the System for wholesale wastewater treatment services for Wastewater collected by Sanger in its service area within and without its corporate boundaries; and, WHEREAS, in the initial phases Sanger is expected to be the only participant; and, Page 2 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract WHEREAS, the District and Sanger are authorized to enter into this Contract pursuant to the Act and Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act"), and other applicable laws; and, WHEREAS, Sanger acknowledges that the District may enter into similar contracts as this Contract with Additional Participating Members and other Customers; and, WHF.REAS, Sanger hereto acknowledges that the District may seek funding for a portion of the cost of the System from the State of Texas through the "State Participation Program", administered by the Texas Water Development Board (TWDB); and if State Participation funds are so provided, the District will be obligated to repurchase said portion in future years from the State; and, WHEREAS, Sanger has requested the District provide Wastewater service in the Clear Creek basin, which service will require construction of the Clear Creek Plant and related facilities, interceptor pipelines, sludge handling facilities, metering facilities, flood plain protection and associated improvements in accordance with Sanger's new discharge permit and as generally described in the Engineering Reports, with an expected initial treatment capacity for Wastewater up to 2.0 MGD, which Clear Creek Plant together with other related facilities and improvements are herein defined as "Project", all of which are a part of the System; and, WHEREAS, Sanger will continue to own and operate its wastewater collection system for delivery of its Wastewater to the Point of Entry; and, WHEREAS, the parties agree that if the District provides services of the Project or System to future parties who use and benefit from certain facilities of the Project or System previously funded in whole or part by Sanger pursuant to this Contract, the District will require such benefiting party to pay an appropriate share of such prior costs thereof, and the applicable portion of such funds received by District from any such future benefiting party will be credited to Sanger, or on a pro rata basis to participants (if any, other than Sanger) who provided funds for said prior costs; and, WHEREAS, to avoid any adverse effect on the tax exempt status of District Bonds, notes or other obligations, Sanger agrees that the District shall have the right to review and approve any contract by Sanger with another entity, including any Municipal Utility Districts (MUD's), to operate any wastewater collection and pumping facilities which discharge Wastewater into the System from within Sanger's service area and, WHEREAS, Sanger previously purchased the site for the proposed Clear Creek Plant, and agrees to transfer by separate instrument a clear and free title to said property upon execution of this Contract; and, Page 3 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract WHEREAS, the District will use its best efforts to issue an installment or installments of Bonds for the Project and for future qualifying expansions of the System, with all of said Bonds to be payable from and secured by Annual Payments made under this Contract and other similar contracts for participation in the Project and System; and, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, Sanger agrees to transfer ownership of the site for the Clear Creek Plant and the associated discharge permit, to pay or deposit funds as provided in this Contract, and the District agrees to take reasonable steps to provide wastewater treatment services of the System to Sanger for its service area and to use its best efforts to issue its Bonds, to acquire, construct and complete the Project and other System facilities upon and subject to the terms and conditions hereinafter set forth, to -wit: ARTICLE I Preamble / Definitions Section 1.01. Adoption of Preamble. All of the matters stated in preamble of this INNNOW Contract are true and correct and are hereby incorporated into the body of this Contract as though fully set forth in their entirety herein. Section 1.02. Definitions. The following terms and expressions as used in this Contract, unless the context clearly shows otherwise, shall have the following meanings: 1. "Act" means H. Be 3112 Chapter 1053, Acts of the 71st Legislature, Regular Session, 1989 (effective June 16, 1989), as amended by Chapter 494, 74t" Legislature, Regular Session, 1995 (which amendment became effective August 28, 1995), and also amended by Chapter 1053, 77t" Legislature, Regular Session 2001 (which amendment became effective May 1, 2001). 2. "Additional Participating Member" means any party other than the initial Participating Members with whom the District makes a contract similar to this Contract for supplying wastewater treatment service from the System, provided that after execution of any such contract such party shall become one of the Participating Members as defined in this Contract. 3. "Administrative Payment" means the amount of money to be paid to the District by each of the Members during each Annual Payment Period as its proportionate share of Administration and Planning Expenses of the District. 4. "Adjusted Annual Payment" means the Annual Payment as adjusted by the Board during or after such Annual Payment Period, as provided by this Contract. 5. "Administrative and Planning Expenses" means the general overhead cost and expenses of managing the District, but not including expenses related to capital Page 4 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract projects financed by the District; such expenses shall include the administration of the District's general office, the activities and meetings of the Board and the planning activities of the District, to the extent such programs and activities shall be for the general welfare of the District. Activities and programs for the benefit of specific parties and for specific capital projects shall, unless otherwise authorized, be the responsibility of the benefiting parties. 6. "Annual Payment" means the amount of money to be paid to the District by each of the Customers as its proportionate share of the Annual Requirement. 7. "Annual Payment Period" means the District's fiscal year, which currently begins on October 1 of each calendar year and ends on September 30 of the next following calendar year, but which may be any twelve consecutive month period fixed by the District; and the first Annual Payment Period under this Contract is estimated to be the period of October 1, 2007 through September 30, 2008, with the first year to be pro rated according to the Contract Date. 8. "Annual Requirement" means the total amount of money required for District to pay all Operation and Maintenance Expenses of the System, and to pay the Capital Component of the Annual Requirement as described hereinafter, including debt service on its Bonds, and any sums required to pay or restore any amounts required to be deposited in any special or reserve funds I required to be established and/or maintained by the provisions of the Bond Resolutions or by action of the Board. 9. "Board" means the governing body of the District. The governing body of each Member of the District and of the County is entitled to appoint a qualified person to serve on the Board. 10. "Board members" means a member or members of the Board. 11. 11 B.O.D. (denoting Biochemical Oxygen f Demand) means the quantity of oxygen utilized in thebiochemical oxidation of organic matter under standard laboratory procedure in five days at 2011C., expressed in milligrams per liter. 12. "Bond Resolution" means any resolution of the District, which authorizes any Bonds. 13. "Bonds" means all bonds hereafter issued by the District, whether in one or more series or issues, and the interest thereon, to acquire, construct and complete the Project and System, and/or all bonds issued subsequently to improve, extend, operate or maintain the System, and any bonds issued to refund any bonds or to refund any such refunding bonds. 14. "Clear Creek Service Area" means generally the area north of Rector Road, west of Ray Roberts Lake and east of the Wise County line, including that portion of Page 5 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract the Clear Creek Basin that would flow by gravity to the Plant; which service area shall be separate from other service areas of the District for purposes of determining the Annual Requirement and for delivery of services, and which area may be modified from time to time by the Board, subject to the provisions of this Contract. 15. "County" means Denton County, Texas. 16. "Customerts)" means any wholesale user, including the Member, participating in the wastewater services provided by the District from the System, which user provides retail utility services within its boundaries. 17. "Customer Advisory Council" or "Council" means the committee authorized to be created to consult with and advise the District with respect to the System as provided in this Contract. 18. "District" means the Upper Trinity Regional Water District, a conservation and reclamation district pursuant to Article XVI, Section 59 of the Constitution of the State of Texas created in accordance with the Act. 19. "Garbage" means solid wastes from the preparation, cooking, and dispensing of food, and from handling, storage, and sale of produce. 20. "gpd" is an abbreviation for "gallons per day" 21. "Grease" means fats, waxes, oils, and other similar nonvolatile materials in Wastewater. 22. "Industrial User (IU)" means any person, including but not limited to, any individual, firm, partnership, corporation, association, or any other group or combination acting as a unit, or any other legal entity, who discharges or desires to discharge Industrial Wastes into the System. 23. "Industrial Waste" means all water -borne solids, liquids, or gaseous substances resulting from an industrial, manufacturing, or food processing operation, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 24. "Infiltration Water" means rainwater or other water which leaks into a sewer that discharges into the System. 25. "MGD" is an abbreviation for "million gallons per day" 26. "mg/1" is an abbreviation for "milligrams per liter". Page 6 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract 27. "Operation and Maintenance Expenses means all costs and expenses of operation and maintenance of the System, including (for greater certainty but without limiting the generality of the foregoing) repairs and replacements; operating personnel; the cost of utilities; fees and charges to be paid to Texas Commission on Environmental Quality or any other federal, state or local agency for regulatory purposes or for services rendered; the costs of supervision, engineering, accounting, auditing, legal services, insurance premiums, supplies and services; administration and equipment necessary for proper operation and maintenance of the System; and, payments made by District in satisfaction of judgments resulting from claims not covered by District's insurance arising in connection with the acquisition, construction, operation, and maintenance of the System. The term also includes the charges of the bank or banks acting as paying agents and/or registrars for any Bonds. The term does not include depreciation expense, which is a non -cash expense; nor does it include Administrative and Planning Expenses, payment of which is provided for as a separate item. 28. "Participating Member" or "Member" means a governmental entity who has met the membership requirements of the District, that provides retail utility service to customers within its boundaries, and that contracts with the District for the acquisition, construction, improvement, enlargement, and payment for the Project and System which may be financed in part and from time to time by the District, and specifically includes Sanger. 29. "pH" means the common logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 30. "Point(s) of Entry" means the points) designated in Exhibit A to this Contract where Wastewater will be received from Member into the System. 31. it It means a publicly owned treatment works as defined in 40 CFR 403 of federal code. 32. "Project" means the Wastewater "Project" as defined in the Preamble of this Contract. Unless otherwise provided in this Contract, ownership of the Project shall be vested in the District. 33. "Properly Shredded Garbage" means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. 34. "Significant Industrial User (SIU)" means any industrial user who is connected or desires to connect to a governmental entity's domestic wastewater collection system and meets at least one of the following criteria: (i) Average Industrial Wastewater discharge rate greater than 25,000 gpd- Page 7 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (ii) B.O.D. and/or suspended solids concentrations in Industrial Wastewater greater than 250 mg/I. (iii) Industrial category regulated by National Pre-treatment Standards as promulgated by the United States Environmental Protection Agency. 35. "State" means the State of Texas. 36. "Suspended Solids" means the total suspended matter that either floats on the surface or is in suspension in water, sewage, or other liquids, and which is removable by laboratory filtering, expressed in milligrams per liter. 37. System means the Project, the Clear Creek Plant, the outfall and effluent discharge facilities, trunk mains, lift stations, sludge handling facilities, flood protection improvements, metering equipment and other facilities, together with all future improvements, enlargements, extensions, and additions to any of the foregoing which are deemed necessary and feasible by the District to receive, treat, and dispose of Wastewater from any Participating Member or other Customers; and, to comply with the requirements of the regulatory agencies of the State and the United States; future facilities which are acquired or constructed with funds provided by Members, Customers, or others, or with proceeds from the sale of any Bonds, or revenues from the System; and, any other related wastewater facilities which are deliberately and specifically, at the option of the District, made a part of the System, subject to the provisions of this Contract; and, all repairs to, or replacements of, the System. Said term does not include any District facilities which provide potable water services; nor does said term include any facilities acquired or constructed by the District as follows: (a) with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being revenue obligations of the District which are not secured by or payable from payments made under this Contract and similar contracts with Additional Participating Members or Customers, and which are payable solely from sources other than revenues of the System, or (b) for Wastewater services provided by the District for any service area other than the Clear Creek Service Area. 38. "Total Toxic Organic" means the sum of all detected concentrations greater than 10 micrograms per liter for all organic compounds classified as priority pollutants by the United States Environmental Protection Agency. 39. "Trunk Sewer" means any wastewater line in which sewage (Wastewater) from collecting and lateral sewers is received and conveyed from a Points) of Entry to the System or to treatment works of the System. Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - -City of Sanger Participating Member Contract 40. "ugll" is an abbreviation for "micrograms per liter". 41. "Wastewater" means sewage, Industrial Waste, municipal waste, recreational waste, and agricultural waste, as defined in the Texas Water Code, together with Properly Shredded Garbage and such Infiltration Water that may be present. ARTICLE II General Provisions Section 2.01. Board Representation. The governing body of Sanger, of each Participating Member of the District and of the County are entitled to appoint a qualified person to serve as a Boardmember on the Board. Section 2.02. Board Votes. Boardmembers appointed by the governing body of Participating Members shall be entitled to vote on all matters coming before the Board. The Board shall establish rules for the implementation of a system of weighted votes in accordance with the Act for matters concerning authorization of, and financial commitments for, capital projects. Sanger agrees that decisions made by a majority vote of the Board, in accordance with rules adopted by the Board, shall constitute a binding decision of the governing body of the District. Section 2.03. Terms. Boardmembers shall serve staggered four (4) year terms in accordance with procedures established by the Board. Boardmembers may serve consecutive terms. A Boardmember may be removed at any time by the governing body of the entity that appointed that Boardmember. Section 2.04. Board Compensation. The District will not compensate Boardmembers for serving on the Board, but may reimburse Boardmembers for actual reasonable expenses necessarily incurred on behalf of the District or in the discharge of official duties. Section 2.05. Board Qualifications. A Boardmember must be a qualified voter who resides in the District; and, may not be an elected official of any governmental entity that has the authority to appoint a member of the Board. A Boardmember may not be an employee of any other entity that has the authority to appoint a member of the Board. Section 2.06. Attendance at Board Meetings. The Board of the District meets regularly to prepare plans to address the needs of Members of the District, and to conduct the business of the District. Member has the authority to appoint a Boardmember to the Board, and Member recognizes the importance of its Boardmember attending meetings of the Board on a regular basis. To encourage regular attendance, the Board has adopted, and may from time to time revise, an attendance policy for meetings of the Board. Accordingly, Member agrees to comply with said attendance policy, and, if advised by District that Member's Boardmember is not in compliance with said attendance policy, Member agrees to take action to achieve compliance or to appoint a new Boardmember. Page 9 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract For any period of time that said Boardmember is not in compliance with the Board's attendance policy, Member's Boardmember shall not be counted in determining a quorum of the Board or in determining the votes necessary to approve a measure requiring a weighted vote. Section 2.07. Consulting Engineers. The District and Member agree that the District will choose the Consulting Engineers for the Project and the System, and may change Consulting Engineers at the option of the District. Section 2.08. Wastewater Flow. The District agrees to receive, transport and treat Wastewater in accordance with the specifications and restrictions of this Article. The District agrees to provide adequate facilities and processes to meet volume and peaking requirements of Member as provided herein. Section 2.09. Construction of Project and System. Subject to the provisions of this Contract, the District agrees to use its best efforts to issue its Bonds, payable from and secured by Annual Payments made under this Contract and other similar contracts, to acquire and construct the Project and System facilities when and as needed, as determined by the District, to provide wastewater treatment services to Member, and other Customers. It is anticipated that such acquisition and construction will be in phases; and the District agrees to use its best efforts to issue its Bonds for such purpose. Also, at the discretion of the District, Bonds may be issued to refund any Bonds; and, may be issued to extend, enlarge, repair, renovate, equip, operate, maintain and otherwise improve the System and any System facilities. District agrees that such improvements for the Project and System will be made in accordance with generally accepted engineering practices. It is anticipated that such improvements will be financed by the District through the issuance of one or more series or issues of its Bonds payable from and secured by Annual Payments made under this Contract and other similar contracts. Section 2.10. Bond Proceeds. The proceeds from the sale and delivery of such Bonds maybe used to fund, to the extent deemed advisable by the District, a debt service reserve fund, a contingency fund, and interest on the Bonds during construction; and, such proceeds also will be used for the payment of the District's expenses and costs in connection with the System (including all engineering and design costs and expenses, and the cost of the land and interests therein related to the System) and the Bonds, including, without limitation, all financing, legal, printing, and other expenses and costs related to the issuance of such Bonds and the System. Section 2.11. Bond Resolution, Each Bond Resolution of the District shall specify the exact principal amount of the Bonds to be issued thereunder, which shall mature within the maximum period, and shall bear interest at not to exceed the maximum rates then permitted by law. Each Bond Resolution shall create and provide for the maintenance of a revenue fund, an interest and sinking fund, a debt service reserve fund, and any other funds deemed advisable, all in the manner and amounts as provided in such Bond Resolution. Member agrees that if and when such Bonds are actually issued Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract and delivered to the purchaser thereof, either for the purpose of initially acquiring and constructing the Project, or subsequently for improving and/or extending the System, the Bond Resolution authorizing the Bonds shall for all purposes be deemed to be in compliance with this Contract in all respects, and the Bonds issued thereunder will constitute Bonds as defined in this Contract for all purposes. Section 2.12. Flow Rates. (a) Member agrees that during each Annual Payment Period while the System is in operation, it shall be obligated to transport and discharge into the System at its Point of Entry, the Wastewater which is generated and collected within the Clear Creek Service Area, subject to the exceptions and restrictions provided herein, including Exhibit D attached hereto. (b) The combined maximum hourly rate at which Wastewater is discharged by Member at its Point of Entry shall not exceed a rate which, if continued for a period of twenty-four hours would equal 3.75 times the estimated average daily contributing flow of Wastewater for the then current Annual Payment Period unless caused by a system defect which can be located and corrected by Member in a reasonable period of time. The total quantity of Wastewater discharged into the System shall never exceed the amount which the System is capable of receiving, treating, and disposing, unless approved by the Board, subject to the terms and conditions established by the District. Notwithstanding the foregoing, Member shall never make any discharge into the System that would cause the System to be overloaded or be in violation of its permits from the State and/or the United States of America. Section 2.13. Point of Entry. Wastewater meeting the quality requirements of Section 2.19 of this Contract will be received into the System at the Point of Entry for Member, as shown on Exhibit A hereto, which Exhibit is attached hereto and incorporated herein for all purposes, or at such other Point of Entry that may be established by mutual agreement between the District and Member, if such other Point of Entry is determined by the District to be economical and beneficial to the System, and if Member pays the costs thereof. Section 2.14. Ca aci It is the intention of the parties hereto that the System shall be acquired, constructed, extended, and improved so that at all reasonable times it will be capable of receiving, transporting, treating, and disposing of all eligible Wastewater generated within the collection system of, and delivered to the Point of Entry of Member. When the System needs to be expanded, it is anticipated that the District will, from time to time, issue its Bonds in such amounts as are, within its judgment and discretion, sufficient to provide the necessary capacity for then existing Customers or to extend the System to serve other Customers or Additional Participating Members. Section 2.15. Quantity/Operation and Maintenance Expense. The District agrees to accept Wastewater under this Contract from Member at its Point of Entry. Page 11 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract Member agrees to deliver to its Point of Entry or to pay for certain minimum quantity of Wastewater specified for Member in Exhibit B hereto to assure adequate funds to the District to fulfill its obligations under this Contract, including Operation and Maintenance Expense. Section 2.16. Capacity/Fixed Costs. For the purpose of calculating the minimum fixed (or capacity cost) portion of each Annual Requirement for which Member is liable, without offset or counterclaim, Member, during each Annual Payment Period, hereby subscribes to, contracts for, and shall be deemed to have taken and used the contracted capacity (regardless of wnetner or not sucn anluurn 15 ur vvaa autuany tQlx%-1 1 W, specified for Member in Exhibit B hereto. District agrees to design and construct the Project and the System with adequate overall capacity to provide for the capacity so specified in Exhibit B with reasonable additional capacity for future growth. Section 2.17. Additional Capacity. To pay the cost of additional capacity in the System for future growth, District may receive funds provided by the Texas Water Development Board (TWDB) for State Participation in the System. If State Participation is offered by TWDB and accepted by District, the State, through the Texas Water Development Board will own certain capacity in the System under an agreement with the District. Under said agreement, District will have an obligation to repurchase the additional capacity when actually used to meet Member's flow requirement, or according to an agreed schedule of repurchase. District may make such additional capacity available to Additional Participating Members or future Customers in accordance with Section 2.18. The purpose of State Participation in the System is to encourage regional wholesale service and to provide capacity for future growth by Participating Members and other future Customers. Section 2.18. Payment for Additional Capacity. To acquire any capacity funded by State Participation, if any, in the System, Member and future Customers must pay certain costs to District for its use in repurchase of capacity owned by State. The Board will establish and maintain a policy for repurchase of State Participation. Section 2.19. n1inlifif The obligation of the District to receive Member's Wastewater into the System depends upon compliance by Member with the provisions of this Section. In order to permit the District to properly treat and dispose of Member's Wastewater; to protect the public health; to permit cooperation with other agencies which have requirements for the protection of the physical, chemical, and bacteriological quality of public water and water courses; and, to protect the properties of the System; Member hereby agrees to the following provisions concerning quality of Wastewater: (a) Admissible Discharges into District's System. Discharges into the System shall consist only of Wastewater and other waste free from the prohibited constituents listed on Exhibit C, and limited in B.O.D., Suspended Solids, dissolved sulfides, and pH as provided in said Exhibit C, which is attached hereto and incorporated herein for all Page 12 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract purposes and, which may be updated by the District from time to time in order to comply with current or future State or federal regulations regarding pollutants. (b) Prohibited Discharge Limitations Subject to Change. Notwithstanding the foregoing provisions of this Section, the parties to this Contract agree and understand that the District has a responsibility to operate the System in a cost-effective, environmentally safe manner and that federal and State regulatory agencies periodically modify standards on prohibited discharges; therefore, revisions to, additions to, or deletions from the items listed or incorporated in this Section may become necessary in the future to comply with the requirements applicable to the District and such revised standards. It is the intention of this Contract that prohibited discharge requirements be reviewed periodically by the District and revised in accordance with the latest standards of any federal or State regulatory agency having jurisdiction over such standards. Any required revision shall be made and written notice thereof given to each Participating Member and Customer. Each Participating Member and Customer shall be responsible for integrating such changes into their local Industrial Waste ordinance, resolution or regulation and notifying all affected retail users of the change within ninety (90) days following written notice from the District of such changes. Any such change shall be incorporated automatically in Exhibit C hereto, to the extent applicable, unless an objection from a Member or Customer shall be filed with the District within sixty (60) days, in which case the District shall hold a hearing relating to such change or changes prior to incorporating such change or changes in Exhibit C. (c) Normal Quality/Extra Strength. To determine normal quality of Wastewater, the District may collect samples of Wastewater at Point(s) of Entry and cause same to be analyzed in accordance with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water and Wastewater, published by American Public Health Association, Inc., or by such other procedures as may be established or authorized by the Board. Composite samples may be taken monthly, or at other intervals as necessary to determine Wastewater quality. Such Wastewater shall not exceed the limits of concentration specified in Exhibit C for Normal Wastewater. Should the analysis disclose concentrations higher than those listed, the District immediately will inform the respective Member or Customer of the violation of this Section, and the Member or Customer must take immediate steps to correct such excessive concentration. However, with the approval of the District, Wastewater with concentrations of B.O.D. and T.S.S. greater than specified above may be discharged by Members or Customers into the System on an emergency and temporary basis, subject to the payment of a surcharge which shall be in addition to all other payments required by this Contract. The amount of such surcharge shall be based on analysis of samples of the Wastewater taken by the District or its agent. (d) Additional Charge. An additional charge shall be made for excess strength discharges at the Points) of Entry of Member into the System. A surcharge for each mg/I of B.O.D. in excess of 250 mg/I and for each mg/I of T.S.S. in excess of 250 mg/I shall be assessed by resolution of the Board, which resolution will establish the amount of the Page 13 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract surcharge and will specify how it will be applied. Member agrees that the Board, within its judgment, has the right to raise the allowable discharge strengths; but the Board may lower the allowable strength only by amendment to this Contract. Member shall pay the District for concentrations of B.O.D. and T.S.S. exceeding 250 mg/I at a rate which shall be determined by the Board and which shall be in an amount sufficient to cover and pay all additional costs for transportation, treatment and disposal related to such excess concentration discharges. (e) Basis for Billing. Member agrees that the results from analysis of composite samples of the Wastewater taken by the District or its agent shall be the basis for billing purposes related to excess strength. Section 2.20. Metering of Wastewater. (a) Subject to cost participation provided in Section 2.13, and unless otherwise mutually agreed in writing, District agrees to furnish and install, at or near the Point of Entry, as part of the Project or System, standard type devices and equipment and related facilities for measuring and sampling all Wastewater to be discharged into the System. The District will own, operate and maintain at its expense the measuring equipment and devices so installed. Such meters and other equipment shall remain the property of the District. The District or its designee may from time to time inspect, calibrate, and adjust its meters as necessary to maintain accurate measurements of the Wastewater entering the System. Member shall have access to its respective metering equipment at all reasonable times for inspection and examination, but the reading, calibration, and adjustment thereof shall be done only by employees or agents of the District. Member may witness such reading, calibration and adjustment of meter. All reading of meters will be entered upon proper books of record maintained by the District. Member may have access to said record books during normal business hours. (b) District shall provide for the calibration of meter at least one time per fiscal year. Upon request, District will make or cause to be made one (1) additional calibration in any fiscal year at no charge to Member. All requested calibrations in excess of one (1) will be made at the expense of Member, except when the accuracy of the meter is beyond the limits specified herein, in which case the District shall bear such expense. If, for any reason, any meter is out of service or out of repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (5%) percent of the volume so indicated by the meter, the meter records shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if not ascertainable, then for a period extending back one-half (Y2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. (c) Member may, at its option and its own expense, install, own and operate a check meter to check each meter installed by the District, but the measurement for the purpose of this Contract shall be solely by the District's meter, except as in this Section specifically provided to the contrary. All such check meters shall be of standard make, Page 14 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract shall be installed in a location approved by the District, and shall be subject at all reasonable times to inspection and examination by any employee or agent of the District; but, the reading, calibration, and adjustment thereof shall be the responsibility of the Member owning said check meter, except during any period when a check meter may be used under specific written consent by the District for measuring the amount of Wastewater delivered into the System, in which case the reading, calibration, and adjustment thereof shall be made by District with like effect as if such check meter or meters had been furnished by the District. (d) If either party at any time observes a variation between the delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify the other party, and the parties hereto shall then cooperate to procure an immediate calibration test and joint observation of any adjustment and the same meter or meters shall then be adjusted to accuracy. (e) If for any reason any meter is out of repair so that the amount of Wastewater received cannot be ascertained or computed from the reading thereof, the Wastewater quantity through the period such meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. For such purpose, the best data available shall be deemed to be the registration of any check meter or meters if the same have been installed and are accurately registering. Otherwise, the amount of Wastewater for such period may be estimated: (1) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation, or (2) by estimating the quantity during the preceding periods under similar conditions when the meter or meters were registering accurately. (f) Each party shall give the other party forty-eight (48) hours notice of the time of all tests of meters so that the other party may conveniently have a representative present. Section 2.21. Unit of Measurement. The unit of measurement for Wastewater discharged into the System hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. Section 2.22. Access. (a) Member agrees to provide ingress and egress for District employees and agents to all Member premises inside its boundaries to install, operate, inspect, test, and maintain facilities owned or maintained by District within corporate or jurisdictional limits of Member, or to make such inspections or tests authorized by this Contract. Page 15 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (b) District agrees to provide ingress and egress for Member's employees and agents to all premises under control of the District to install, operate, inspect, test, and maintain facilities, and read meters owned or maintained by Member. Section 2.23. Resale. Member hereby agrees not to accept nor transport to its Point of Entry any Wastewater from outside Member's boundaries or authorized service area (as may be adjusted from time to time) unless Member has received prior written approval from the District. Approval to provide wastewater collection service on a retail basis to individual customers outside such boundaries may be granted by the Executive Director of the District. Approval to provide wholesale agreements to receive Wastewater or to provide wastewater collection service for other public or utility entities shall require the specific approval of the Board. In granting such authorization, District may establish the terms and conditions for the acceptance and conveyance of such Wastewater including, but not restricted to, the setting of monetary rates for such Wastewater service. Section 2.24. Reporting Requirements. Approximately sixty (60) days after the end of each Annual Payment Period, Member shall furnish in writing to the District the following information: (a) The number of active domestic sewer connections in the Member's system being served by the System; (b) The number of commercial and business connections being served by the System; (c) The number of industrial connections being served by the System, with name and location of each; (d) An estimate of the projected annual wastewater flow into the System by Member for the next five (5) years. The purpose of this provision is to permit the District to accumulate statistical data that will enable R to plan for adequate service and to facilitate plans for betterment and future facilities expansion. Section 2.25. Industrial Waste Pretreatment Program. (a) The effects of certain types of Industrial Waste upon sewers and sewage treatment processes are such as to require that careful consideration be made of each industrial connection. To accomplish the purpose of the National Industrial Waste Control Program, when Member has an industrial customer, Member shall obtain approval by the U. S. Environmental Protection Agency of it's Industrial Waste Pretreatment Program. If Member chooses to administer its own program, it shall regulate by individual permit the discharge of Industrial Waste generated by a SIU into its sewer system. Member will authorize discharge of Industrial Waste into its sewers subject to the general provision that Page 16 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract no harm will result from such discharge. Member will require each such industrial user to file an appropriate application, a copy of which shall be forwarded to the District, containing the following information: (1) Name and address of applicant; (2) Type of industry; (3) Total quantity of plant waste produced; (4) Quantity of plant wastes proposed to be discharged; (5) Typical analysis of the waste; and (6) Type of pretreatment proposed by applicant. To facilitate inspection and control of Industrial Waste, Member will require industries to separate Industrial Waste from sanitary sewage until such Industrial Waste has passed through a monitoring portal which shall be located so as to be accessible at all times to inspectors of Member and the District. If inspection indicates that damage might result from the discharge, the permit shall be revoked unless and until the industry promptly establishes acceptable remedial measures. As necessary and indicated, the District may collect and analyze samples of all Wastewater at each Point of Entry. Such Wastewater shall not contain prohibited constituents nor exceed the limits of concentration specified in Section 2.19 of this Contract. Should the analysis disclose prohibited constituents or concentrations higher than those stipulated, the District will inform Member of such unauthorized wastes. It shall be the obligation of Member to require the offending originator of said waste to immediately cease discharge of such unauthorized waste and to initiate and undertake remedial pre-treatment or other legal means before further discharge into Member's sewers. (b) If Member desires that District administer it's Industrial Waste Pretreatment Program, District agrees to contract to provide such service at actual cost thereof. Section 2.26. Ordinances, Resolutions, Orders. Member agrees that prior to serving any Industrial User, it will enact ordinances, resolutions, or orders, as appropriate, as necessary to include the following provisions: (a) For each existing and future SIU, Member shall require said user to complete and submit a permit application containing information specified in a sample application form to be furnished by the District. Member shall provide the District with a completed copy of the permit application within thirty (30) days after receipt by Member. The District may provide written comments to Member regarding said application within thirty (30) days of receipt. Failure to comment shall be construed as concurrence by the District. After approval of the permit application by Member, Member shall issue a Page 17 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract discharge permit containing standard requirements as specified in a sample permit form to be furnished by the District. Such a discharge permit shall be required of all SIU's before said industrial user will be allowed to discharge Industrial Wastes into the Member's Wastewater collection, system. The District reserves the right upon notice to each Member to review each proposed permit before issuance. In the absence of such notice, such review and issuance shall be accomplished by Member without the necessity for District review and approval, except for providing a copy of application to District as required above, subject to periodic inspection of records by the District. It is mutually agreed that unless Member obtains approval by the U. S. Environmental Protection Agency of its Industrial Pretreatment Program that it will contract with the District to administer said Pretreatment Program and will pay the cost of such program, including all monitoring, sampling and testing or will cause said cost to be paid by the affected industry. (b) Member shall require SIUs to comply with applicable Federal Categorical Pretreatment Standards as well as any applicable State and local standards. (c) Member shall maintain certain information contained in permit applications as confidential at SIU's request. (d) Member shall not allow a user to employ dilution as a means of reducing pollutant concentrations in an SIU's waste stream. (e) Upon notice, Member and the District shall be authorized to enter SIU premises at any time for independent monitoring, inspection, or review of applicable records to determine compliance. (f) Member shall develop and require adherence to SIU compliance schedules. (g) Member shall require self -monitoring and reporting at SIU's expense. (h) Member shall choose or designate an approved laboratory to analyze Industrial Wastes. (i) Member shall require SIU's to pay applicable fees for: (1) sampling and testing to determine compliance; (2) disconnection/reconnection of service resulting from noncompliance; (3) excess concentrations above the criteria established for Normal Wastewater; (4) additional costs incurred by Member or the District in transporting or treating wastes; and Page 18 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (5) filing, review, revision, or renewal of permit application (j) Member shall provide prompt notification to the permit holder and the District for instances of violation. (k) Member shall deny/revoke permit, disallow/disconnect service, assess civil or criminal penalties, and seek other available legal and equitable remedies against SIU for: (1) discharge to Wastewater collection system resulting in violation of applicable POTW discharge permit conditions; (2) hazard to health or life of POTW personnel or users of receiving waters; (3) violation of any applicable ordinance or regulation; and (4) false information transmitted to Member through permit application, monitoring reports, etc.; Upon request by District, Member shall furnish to the District alt documents and records, in addition to those outlined herein, as necessary to demonstrate compliance by all industries with the applicable pretreatment program and this Contract. Section 2.27. Other Contracts. (a) The District reserves the right to enter into contracts to provide Wastewater services of the System to Additional Participating Members or Customers under contracts similar to this Contract. Each such contract shall comply with the requirements of this Contract, shall substantially restate the essential provisions of this Contract, and shall be structured to be similar hereto to the fullest extent applicable and practicable, with such additions or changes as are necessary to meet the actual circumstances, with the effect that each Additional Participating Member or Customer will substantially adopt the provisions of this Contract, as supplemented and necessarily changed by its contract. However, the District shall not obligate itself to receive Wastewater into the System from a future Additional Participating Member or Customer if, in the judgment and discretion of the District, such obligation would jeopardize the District's ability to meet its obligation to receive, transport, treat and dispose of Wastewater discharged into the System by Member under this Contract. (b) The parties hereto recognize and acknowledge that it is the policy and practice of the District that any other party that desires to receive service from the System shall contract directly with the District to become a Customer of the District. However, Member may propose, and with the approval of the Board, Member may negotiate and enter into subcontracts with another city or other entity for Wastewater service. Any such Page 19 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract Wastewater to be discharged into the System under such subcontract shall be generated within the planned boundaries of the System, but may be outside the boundaries of Member; such Wastewater would be discharged into Member's sewers, to be transported into the System at Member's Point of Entry along with Member's Wastewater. In such case the additional Wastewater shall be regarded as being Member's Wastewater for all purposes of this Contract. If such arrangement is approved by the District, such transaction shall not relieve Member of its obligations to the District under the terms of this Contract, including payment of the Annual Requirement. (c) If District enters into a contracts) to provide services of the System to an Additional Participating Member(s) or to a future Customer(s), such contract(s) shall require a pro rata refund of applicable prior costs, if any, paid by Member, not including State Participation costs required by Section 2.18. If State Participation has been repurchased in whole or in part, or if any Customer(s) has paid for System capacity for which said Additional Participating Member(s) or Customer(s) will subscribe or beneficially use, District agrees to provide in said contracts for pro rata reimbursement plus interest thereon to the appropriate Customer(s) for prior cost so paid for said capacity. Section 2.28. Customer Advisory Council. (a) Each participant in the System may appoint a representative to the Customer Advisory Council for the System. The Council shall elect such officers as it deems necessary. The Council shall consult with and advise the District with regard to technical and operational matters, improvements and extensions of the System and other pertinent matters relating to the System. The members of the Council shall play an important role in the efficient functioning of the System, in representing the interest of the Customer and in keeping the Customer well informed. The Council shall have access to and may inspect at reasonable times all physical elements of the System and all records and accounts of the District pertaining to the System. (b) The term of membership on the Council shall be at the pleasure of each Customer represented, respectively, and each member shall serve until replaced by such Customer. All expenses of the Council in discharging its duties under this Section shall be considered as an Operation and Maintenance Expense of the System. Section 2.29. Water Conservation, Drought Contingency Plan. It is the policy oI the District to prepare, adopt and maintain a regional water conservation plan which incorporates loss reduction measures and demand management practices which insure that the District's water supply and the capacity of the regional treated water system are used in an economically efficient and environmentally sensitive manner. Similarly, it is the policy of the District to prepare, adopt and maintain a drought and emergency contingency plan for water supply. Member agrees to cooperate in the implementation of both plans and to adopt and enforce such or similar plans for use within its jurisdictions. Page 20 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract Section 2.30. Reuse of Wastewater Effluent. A key element of the District's water conservation program is reuse of effluent produced by the respective water reclamation plants. Member agrees to support the District's efforts to encourage and increase the reuse of treated effluent, whether such reuse is achieved by sale of treated effluent for direct reuse by individual customers or by use of treated effluent to augment the raw water supply available to the District's Regional Treated Water System. ARTICLE III Fiscal Provisions Section 3.01. Annual Requirement. Subject to the terms and provisions of this Contract, and after accounting for any cost participation by Member, the District will provide and pay for the cost of the acquisition, construction and expansion of System facilities, by issuing its Bonds in amounts that will be sufficient to accomplish such purposes. It is acknowledged and agreed that payment to be made under this Contract and similar contracts with other Customers, if any, will be the primary source available to the District to provide the Annual Requirement. In compliance with the District's duty to fix and from time to time to revise the rates and charges for services of the System, the Annual Requirement may change from time to time. Each such Annual Requirement shall be allocated among the Customers as herein provided; and, the Annual Requirement for each Annual Payment Period shall be provided for in each Annual Budget and shall at all times be not less than an amount sufficient to pay or provide for the payment of: (a) An Operation and Maintenance Component' equal to the amount paid or payable for all Operation and Maintenance Expenses of the System; and (b) A "Capital Component" equal to: (1) the principal of, redemption premium, if any, and interest on the Bonds, as such principal, redemption premium, if any, and interest become due, less interest to be paid out of Bond proceeds or from other sources if permitted by any Bond Resolution, and all amounts required to redeem any Bonds prior to maturity when and as provided in any Bond Resolution, plus the fees, expenses and charges of each paying agent/registrar for paying the principal of and interest on the Bonds, and for authenticating, registering and transferring Bonds on the registration books of the District maintained with the paying agent/registrar; and (2) the proportionate amount of any special, contingency or reserve funds required to be accumulated and maintained by the provisions of any Bond Resolution; and Page 21 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (3) an amount in addition thereto sumcient to restore any deficiency in any of such funds required, to be accumulated and maintained by the provisions of any Bond Resolution; and (4) the recovery of any capital funds advanced by the District for planning, development or construction of the Project or System. (c) An "Operation and Maintenance Reserve" in an amount deemed appropriate and necessary by the Board for Operation and Maintenance Expenses of the System and for capital improvements. Any such reserve shall be used as a source of funds for Operation and Maintenance Expenses, for emergency expenses and as a fluctuating reserve for additions to, or shortfalls in, the annual revenues of the System. The normal level of such reserve shall be 25% of the annual on -going Operation and Maintenance Expenses of the System; however, the Board may authorize the reserve to be maintained at a higher level, especially if needed for future capital improvements, to respond to new regulatory requirements, and to facilitate efficient operation and maintenance of the System. (d) Other "Special Reserves" as determined necessary by the Board for such purposes as "Rate Stabilization" or for "Capital Improvements". Section 3.02. Annual Budget. Each annual budget for the System shall always provide for amounts sufficient to pay the Annual Requirement. The annual budget for the System for all or any part of the first Annual Payment Period during which the System is placed into operation shall be prepared by the District based on estimates made by the District. On or before June 15 of each year after the Project is first placed in operation, the District shall furnish to Member a preliminary estimate of the Annual Payment required from Member for the next following Annual Payment Period. Not less than forty days before the commencement of the Annual Payment Period after the System is first placed into operation, and not less than forty days before the commencement of each Annual Payment Period thereafter, the District shall cause to be prepared as herein provided its preliminary budget for the System for the next ensuing Annual Payment Period. A copy of such preliminary budget shall be filed with Member for review before action by the Board. Member may submit comments about the preliminary budget directly to the Board. The Board may adopt the preliminary budget or make such amendments thereto, as the Board may deem proper. The budget thus approved by the Board shall be the annual budget for the next ensuing Annual Payment Period. The Annual Budget (including the first annual budget) may be amended by the District at any time to transfer funds from one account or fund to another account or fund so long as such transfer will not increase the total budget. The amount for any account or fund, or the amount for any purpose, in the annual budget may be increased through formal action by the Board even though such action might cause the total amount of the Annual Budget to be exceeded; provided that such action shall be taken only in the event of an emergency or special circumstances which shall be clearly stated in a resolution at the time such action is taken by the Board. Page 22 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract Section 3.03. Payments By Member. (a) For the Wastewater services to be provided to Member under this Contract, Member agrees to pay, at the time and in the manner hereinafter provided, its proportionate share (Annual Payment) of the Annual Requirement. Member shall pay the Annual Payment for each Annual Payment Period directly to the District, in monthly installments in accordance with the schedule of payments furnished by the District, as hereinafter provided. (b) Member shall pay its Annual Payment, including a capacity charge for fixed costs, and a volume charge for variable costs of Wastewater flow. The District shall estimate its cost and shall establish a capacity charge and a price per 1,000 gallons of volume for purposes of determining the monthly payment to be made by Member. Member shall pay a capacity charge in approximately equal monthly installments, based on the capacity specified in Exhibit B. Such capacity charge shall be sufficient to cover the fixed cost portion of the Annual Requirement. Member shall pay a volume charge based on the actual volume of Wastewater delivered to the Point of Entry. The volume charge shall be sufficient to cover the variable cost portion of the Annual Requirement and specifically the variable costs associated with receiving, pumping, transporting, treating and disposing of the Wastewater and residual bio-solids (sludge). The Board may establish additional fees and charges or different forms of fees and charges as it deems advisable to recover and fairly distribute costs among benefiting parties. Section 3.04. Fiscal Policy. It is hereby provided that in estimating costs for services, the District is specifically authorized, in its discretion, to include in such estimate of costs reasonable contributions to reserve funds and to assume that the Annual Payment Period may be a dry year. Such policy could cause revenues to be increased if the year is actually normal or wet instead of dry as assumed. This fiscal policy is expressly approved by Member and is deemed by the parties hereto to be beneficial in the fiscal management of the System, and will assure the timely availability of funds even under unexpected circumstances. Upon receipt during any Annual Payment Period of an amount sufficient to meet the then current Annual Budget of the System for the remainder of the then current Annual Payment Period, the District shall deposit subsequent revenues received into appropriate reserve or contingency accounts. If there is a shortfall in revenues, the District may withdraw from the reserves, adjust the Annual Requirement, revise the payment schedule or do any combination thereof. Section 3.05. Minimum Payments/Schedule. (a) It is agreed that if, during any Annual Payment Period, the estimated and/or actual flow of Wastewater delivered by Member to the System is, for any reason whatsoever, less than any minimum amount prescribed by this Contract, Member shall pay its Annual Payment according to such minimum amount. However, if Member's estimated and/or actual metered amount of Wastewater is equal to, or in excess of, such minimum amount, its Annual Payment shall be calculated on the basis of estimated and Page 23 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract actual volumes. Any future contracts with Additional Participating Members or Customers also shall provide for equitable minimum amounts. (b) All such payments for each Annual Payment Period shall be made in accordance with a written schedule of payments for the appropriate Annual Payment Period that will be supplied to each of the Customers by the District. Such schedule of payments may be based on the use of monthly flow volumes as determined by meter readings or estimates of flow or may be based on other factors determined by the District; but, in no case shall a Customer's Annual Payment requirement exceed its pro rata share of the System costs. Section 3.06. Redetermination of Annual Requirements. Notwithstanding the foregoing, the Annual Requirement, and Member's share thereof (Annual Payment), may be redetermined, at any time during any Annual Payment Period, to the extent deemed necessary or advisable by the District, if: (a) The District commences furnishing services of the System to an Additional Participating Member or Customer; (b) Unusual, extraordinary, or unexpected expenditures for Operation and Maintenance Expenses are required which are not provided for in the District's annual budget or reserves for the System; (c) Operation and Maintenance Expenses of the System are substantially less than estimated; (d) District issues Bonds which require an increase in the Capital Component of the Annual Payment; or (e) The District receives either significantly more or significantly less revenues than the amounts that are provided in the District's annual budget for the System. If the Annual Requirement is so redetermined, Member will be advised of the Adjusted Annual Payment. Section 3.07. Other Revenues. All surcharges collected from any Customer or Participating Member under Section 2.19 of this Contract shall be used to cover the extra costs of treating excessive strength Wastewater for the respective Member or Customer. Under any of the provisions of this Section, any revenues, payments and surcharges derived from such extra services shall be devoted to paying for the cost of said extra services and shall not be used to make the Annual Payment that is the obligation of Member under this Contract. Section 3.08, Prompt Payment/Disputed Bills. Member hereby agrees that it will make payments required by this Contract to the District within twenty (20) days of the Page 24 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract date a bill for service is rendered. If Member, at any time, disputes the amount to be paid by it to the District, Member shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or court decision that such disputed payments should have been less, or more, the District shall promptly revise and reallocate the charges in such manner that Member will recover its overpayment or the District will recover the amount due it. All amounts due and owing to the District by Member, or due and owing to Member by the District, shall, if not paid when due, bear interest at the rate of ten (10%) percent per annum from the date when due until paid. Section 3.09. Delinquent Bills._ As provided in Section 4.10, each Customer participating in the System specifically agrees to make all payments required by the Contract without offset or counterclaim. Nonetheless, if any Customer shall become delinquent in such payments, District shall, to the extent permitted by law, discontinue the services of the System to any Customer which remains delinquent in any payments due hereunder for a period of sixty (60) days, and is not obligated to resume such services while such Customer is so delinquent. It is further provided and agreed that if any Customer should remain delinquent in any payments due hereunder for a period of one hundred twenty (120) days, and if such delinquency continues during any period thereafter, such Customer's minimum amount specified in Exhibit B, shall be deemed to have been zero (0.0) gallons during all periods of such delinquency, for the purpose of calculating and redetermining the percentage of each Annual Requirement to be paid by the non -delinquent Customers; and, the District shall redetermine such percentage in such event on a basis so that the non -delinquent Customers, collectively, shall be required to pay all of the Annual Requirement, The Board may authorize the use of available System reserves as a source of funds to help offset said delinquent payments. However, the District shall pursue all legal remedies against any such delinquent Customer to enforce and protect the rights of the District, other Customers, and the holders of the Bonds. The delinquent Customer shall not be relieved of the liability to the District for payment of all amounts which would have been due hereunder had no default occurred or the percentage had not been redetermined as provided in this Section. It is understood that the foregoing provisions are for the benefit of the holders of the Bonds so as to insure that all of the Annual Requirement will be paid by the non -delinquent Customers during each Annual Payment Period regardless of the delinquency of a particular Customer. If any amount due and owing the District by Customer is placed with an attorney for collection, Member shall pay to the District all attorneys' fees, in addition to all other payments provided for herein, including interest. Section 3.10. Updated Schedule of Payment. If, during any Annual Payment Period, Member's Annual Payment is redetermined in any manner as provided or required in the foregoing Sections, the District will promptly furnish Member with an updated schedule of monthly payments reflecting such redetermination. Section 3.11. Extensions and Enlargements. The District shall have the continuing responsibility to maintain adequate capacity in the System to meet the needs of Member over the term of this Contract, and any extension thereof. Member shall have the Page 25 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract responsibility to keep the District informed of its projected needs for Wastewater service to allow adequate time for the District to plan and implement necessary improvements to the System. Likewise, the District shall have the continuing responsibility to plan for the needs of Additional Participating Members and Customers and future Customers within the Clear Creek Service Area. ARTICLE IV Miscellaneous Provisions and Special Conditions Section 4.01. Operation and Maintenance of System. The District will continuously operate and maintain the System in an efficient manner and in accordance with good business and engineering practices, and at reasonable cost and expense. The District recognizes its right and duty to operate the various facilities of the System in the most prudent and economical manner for the benefit of all Customers. Section 4.02. Proiect Schedule. It is the intent of the parties that the Project will be placed in operation as soon as practicable, and the District agrees to proceed diligently with the design and construction of the Project, subject to the terms and conditions in this Contract. In connection herewith, Member agrees to promptly provide any funds to District as required by the provisions in Exhibit D hereto. Section 4.03. Permits, Financing and Applicable Laws. It is understood that any obligations on the part of the District to acquire, construct, and complete the Project and other System facilities and to provide Wastewater services of the Project and other System facilities to Member shall be: (a) conditioned upon the District's ability to obtain all necessary permits, material, labor, and equipment; (b) conditioned upon the District receiving Member's and other participants' share of the cost of the Project and other System facilities as specified herein; and (c) conditioned upon the ability of the District to finance its share of the cost, if any, of the System facilities through the actual sale of District Bonds; and (d) subject to all present and future valid laws, orders, rules, and regulations of the United States of America, the State of Texas, and any regulatory body having jurisdiction. Section 4.04. Title to and Liability for Damages and Responsibility for Treatment and Disposal of Wastewater/Reuse; Indemnification. Liability for damages arising from the transportation, delivery, reception, treatment, and/or disposal of all Wastewater discharged into the System hereunder shall remain with Member to the Point of Entry, and title to such Wastewater shall be in the name of Member to the Point of Entry, and upon passing through Point of Entry, title to such Wastewater and liability for Page 26 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract such damages shall pass to the District. The District and Member agree to indemnify to the extent permitted by law and to save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines, and expenses, including reasonable attorney's fees, which may arise or be asserted by anyone at any time on account of the transportation, delivery, reception, treatment, and/or disposal while title to the Wastewater is in such party, or on account of a prohibited discharge by a Participating Member or Customer. Both Member and District agree to be responsible for their own respective negligent acts. The District has the responsibility as between the parties for the proper reception, transportation, treatment, and disposal of all Wastewater discharged into the System, but not for prohibited discharges by any party at any Point(s) of Entry. After such treatment of Wastewater, the District may reclaim, and sell the water, sludge or any other product for reuse. Any net revenues and other benefits of such reclamation, sale and reuse shall be fairly apportioned among the Participating Members and Customers, and other parties participating in such sale and reuse. Section 4.05. Payments Solely From Revenues. The District shall never have the right to demand payment by Participating Members of any obligations assumed by said Member or imposed on Member under and by virtue of this Contract from funds raised or to be raised by taxes; and, the obligations under this Contract shall never be construed to be a debt of such kind as to require Member to levy and collect a tax to discharge such obligation. Nonetheless, a Customer may make payments from its water and wastewater (sewer) system revenues, or from any other lawful source, including ad valorem taxes, impact fees and/or connection fees. Section 4.06, Operating Expenses. Member represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, and that all such payments will be made from the revenues of its combined waterworks (if any) and sewer system or from any other lawful source. Member represents and has determined that the services to be provided by the System, including the Project and other System facilities, are absolutely necessary and essential to the present and future operation of its wastewater system, and that the System is the best long-term method for discharging, treating and disposing of its Wastewater, and, accordingly, all payments required by this Contract to be made by Member shall constitute reasonable and necessary operating expenses of its respective system as described above, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other obligations heretofore or hereafter issued by Member. Section 4.07. Rates for Water and Wastewater Services. Member agrees throughout the term of this Contract to continuously operate and maintain its waterworks system (if any) and its wastewater (sewer) system, and to fix and collect such rates and charges for water and wastewater services, to be supplied by its systems as will produce revenues in an amount equal to at least: Page 27 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (a) all of the expenses of operation and maintenance of such system or systems, including specifically, its payments under this Contract, and (b) all other amounts as required by law and the provisions of the ordinance or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. Section 4.08. Use of Funds and System. The District covenants and agrees that neither the proceeds from the sale of the Bonds, nor the monies paid it pursuant to this Contract, nor any earnings from the investment of any of the foregoing, will be used for any purposes, except those directly relating to the System, and the Bonds as provided in this Contract; provided that the District may rebate any excess arbitrage earnings from such investment earnings to the United States of America in order to prevent any Bonds from becoming "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986 (the "Code") or any amendments thereto in effect on the date of issue of such Bonds. Member covenants and agrees that it will not use, or permit the use of, the System in any manner that would cause the interest on any of the Bonds to be or become subject to federal income taxation under said Code or any amendments thereto in effect on the date of issue of such Bonds. Section 4.09. Rights -of -Way. (a) Member hereby grants to the District without additional cost to the District, the perpetual use of the streets, easements, and rights -of -way under its control for the construction, operation, and maintenance of the Project and the System. (b) Member agrees that the District may use streets, alleys and public rights -of - way within Member's boundaries for pipeline purposes to provide Wastewater service to Member or to other Customers without charges or tolls, provided that District makes the necessary repairs to restore to their original condition the streets, alleys or public rights -of - way so used. District agrees to obtain prior approval for each proposed use; but Member hereby agrees not to unreasonably withhold approval for the requested use of streets, alleys or public rights -of -way. (c) Member hereby consents to the District exercising its power of eminent domain, if necessary, to obtain property or rights -of -way within the boundaries of Sanger for the Project and the System. Member agrees that the consent provided within this subsection is in compliance with, and fulfillment of, the "consent" provision of the Act. Section 4.10, Unconditional Obligation to Make Payments. Recognizing the fact that Member requires the facilities and services of the Project and the System, and that such facilities and 4services are essential and necessary for actual use and for standby purposes; and, recognizing the fact that the District will use payments received Page 28 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract from Member and other Customers to pay and secure its Bonds; it is hereby agreed that Member shall be unconditionally obligated to pay, without offset or counterclaim, its proportionate share of the Annual Requirement, as provided and determined in this Contract (including the obligations to pay for certain "minimums" as described in Section 2.16 hereof,) regardless of whether or not the District actually acquires, constructs or completes the Project or the System or is actually delivering services of the System to Member, or whether or not Member actually receives or uses services of the System (whether due to Force Majeure or any other reason whatsoever), regardless of any other provisions of this or any other contract or agreement between any of the parties hereto. This covenant by Member shall be for the benefit of and enforceable by the holders of the Bonds as well as the District. Section 4.11. Insurance. The District agrees to carry and arrange for fire, casualty, public liability, and/or other insurance, including self insurance, on the System for purposes and in amounts which, as determined by the District, ordinarily would be carried by a privately owned utility company owning and operating such facilities, except that the District shall not be required to provide liability insurance except to insure itself against risk of loss due to claims for which it can, in the opinion of the District's legal counsel, be liable under the Texas Tort Claims Act or any similar law or judicial decision. Such insurance will provide, to the extent feasible and practicable, for the restoration of damaged or destroyed properties and equipment, to minimize the interruption of the services of such facilities. All premiums for such insurance shall constitute an Operation and Maintenance Expense of the System. Section 4.12. Future Capacity. (a) The Project and System will include capacity in pipelines and certain other facilities for future needs of Participating Member, Additional Participating Members and other Customers. Member agrees that it is in the best interest of both the District and Member respectively, to plan, acquire and construct the Project and System with excess capacity in anticipation of future increases in Member's requirements and in anticipation of future Customers, if any. Further, Member agrees that if District executes a financial plan for the Project or System that includes participation by the State in future capacity costs and the deferral of a portion of the capital costs to a future date, Member agrees that it will assume its respective share, when due, of such System cost if any, so deferred as if Bonds had been issued during the initial construction of the Project. Subject to the terms of this Contract, the District reserves the right to contract with Additional Participating Members and other Customers for equitable participation (on a pro rata basis) in such future capacity. (b) This Contract includes a definition of the Clear Creek Service Area, which area is considered the maximum long-term service area for the System. However, the District reserves the right to expand the service area and the System if required by public interest; but, in the unlikely event of the need for such expansion, the District will be Page 29 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract obligated to protect water quality in the receiving stream and lake and to protect environmental quality in the affected areas. Section 4.13. Special Provisions. The parties hereto acknowledge and agree to the Special Provisions which are set forth in Exhibit D attached hereto, which Exhibit is incorporated herein for all purposes. The Special Provisions in Exhibit D of this Contract reflect circumstances or issues for Member which may be different from those of other Customers and therefore constitute a modification of, or a requirement in addition to, the standard provisions otherwise contained in this Contract. If any provision of Exhibit D is different from or conflicts with the provisions set forth in the main body of this Contract, the provisions of Exhibit D shall prevail. Section 4.14. Exhibits. Several special Exhibits styled Exhibit A through Exhibit D are referenced elsewhere in this Contract and attached hereto as part of this Contract. Exhibit A This Exhibit identifies the Member's service area and boundaries for service by System and proposed Point of Entry to the System. Exhibit B This Exhibit indicates the quantities subscribed by Member. Exhibit C This Exhibit describes Prohibited Discharges and Requirements for Normal Wastewater for all Customers. Exhibit D This Exhibit contains special provisions applicable to Sanger. Section 4.15. Permit Compliance. The Project and System must operate under the terms and conditions of applicable State and federal permits. Accordingly, the District agrees to use its best efforts to operate and maintain the System in an efficient and professional manner, endeavoring to provide satisfactory service to Customers while complying with applicable permits. If the District becomes aware of a condition, an action or inaction, that could cause the System to be in violation of such permits, the District will take immediate steps to remedy the potential violation. If the condition, action or inaction appears to be the responsibility of one or more specific Customer, the District will give notice to the respective Customer to take timely steps to remedy the potential violation. If the District receives a fine or penalty for a violation of an applicable permit, and if the cause of such fine or penalty is determined, after investigation, to have been the responsibility of Member, the District shall require Member to reimburse the District for actual cost thereof, in addition to taking the necessary steps to remedy the circumstance causing the violation. Page 30 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract ARTICLE V Standard Provisions Section 5.01. Force Majeure. If by reason of force majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract, other than the obligation of Member to make the payments required under this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, or on account of any other causes not reasonably within the control of the party claiming such inability. Section 5.02. Term of Contract. This Contract shall be effective on and from the Contract Date, and shall continue in force and effect for thirty (30) years, or for such period of time that Bonds issued by the District for the System remain outstanding, whichever period is greater; provided, however, the term of the Contract and the expiration date may be extended for a period of time not to exceed twenty (20) years by mutual agreement of the Member and the District as to the terms and conditions. The District's obligation to provide the contracted services shall commence from the date that the District gives written notice that the Project is operational and functional to provide Wastewater services to Member. This Contract and its attachments constitute the sole agreement between the parties hereto with respect to the Project and System. Section 5.03. Modification. No change, amendment or modification of this Contract shall be made or be effective which will affect adversely the prompt payment when due of all moneys required to be paid by Member under this Contact or any similar contract; and, no such change, amendment or modification shall be made or be effective which would cause a violation of any provisions of any Bond Resolution. Section 5.04. Addresses and Notice. Unless otherwise provided herein, any notice, communication, request, reply or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner described shall be Page 31 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract conclusively deemed to be effective, unless otherwise stated herein, from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the District, to: Executive Director Upper Trinity Regional Water District P. O. Drawer 305 Lewisville, Texas 75067 If to Sanger, to: City Manager City of Sanger P. O. Box 1729 Sanger, TX 76266 The parties hereto sha{I have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days written notice to the other parties hereto. Section 5.05. State or Federal Laws, Rules, Orders or Regulations. This Contract is subject to all applicable Federal and State laws and any applicable permits, ordinances, rules, orders and regulations of any local, state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction. SectionRemedies Upon Default. It is not intended hereby to specify (and this Contract shall not be considered as specifying) an exclusive remedy for any default, but all such other remedies (other than termination) existing at law or in equity may be availed of by any party hereto and shall be cumulative. However, recognizing that the District's undertaking to provide and maintain the services of the System is an obligation, failure in the performance of which cannot be adequately compensated in money damages alone, the District agrees, in the event of any default on its part, that Member shall have available to it the equitable remedy of mandamus and specific performance in addition to any other legal or equitable remedies (other than termination) which may also be available. Recognizing that failure in the performance of Member's obligations hereunder could not be adequately compensated in money damages alone, Member agrees in the event of any default on its part that the District shall have available to it the equitable remedy of mandamus and specific performance in addition to any other legal or equitable remedies (other than termination) which may also be available to the District. Notwithstanding anything to the contrary contained in this Contract, any right or remedy or any default hereunder, except the right of the District to receive the Annual Payment which shall never be determined to be waived, shall be deemed to be conclusively waived unless asserted by a proper proceeding at law or in equity within two (2) years plus one (1) day Page 32 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract after the occurrence of such default. No waiver or waivers of any breach or default (or any breaches or defaults) by any party hereto or of performance by any other party of any duty or obligation hereunder shall be deemed a waiver thereof in the future, nor shall any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, character or description, under any circumstance. Section 5.07. Severability. The parties hereto specifically agree that in case any one or more of the sections, subsections, provisions, clauses or words of this Contract or the application of such sections, subsections, provisions, clauses or words to any situation or circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under the laws or constitutions of the State or the United States of America, or in contravention of any such laws or constitutions, such invalidity, unconstitutionality or contravention shall not affect any other sections, subsections, provisions, clauses or words of this Contract or the application of such sections, subsections, provisions, clauses or words to any other situation or circumstance, and it is intended that this Contract shall be severable and shall be construed and applied as if any such invalid or unconstitutional section, subsection, provision, clause or word had not been included herein, and the rights and obligations of the parties hereto shall be construed and remain in force accordingly. Section 5.08. Venue. All amounts due under this Contract, including, but not limited to, payments due under this Contract or damages for the breach of this Contract, shall be paid and be due in Denton County, Texas, which is the County in which the principal administrative offices of the District are located. It is specifically agreed among the parties to this Contract that Denton County, Texas is the place of performance of this Contract; and, in the event that any legal proceeding is brought to enforce this Contract or any provision hereof, the same shall be brought in Denton County, Texas. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the Contract Date. UPPER TRINITY REGIONAL WATER DISTRICT 0 n Mercer, President, Board of Directors ATTEST: Tim Fisher, Secretary, Board of Directors Page 33 of49 a�l Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract APPROVED AS TO FORM AND LEGALITY: CITY OF BANGER, TEXAS Joe Higgs, Mayor ATTEST: Rose Chavez, City Secretary APPROVED AS TO FORM AND LEGALITY: Robert Dillard, Counsel for City of Sanger Page 34 of 49 [District Seal] Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract EXHIBIT A UPPER TRINITY REGIONAL WATER DISTRICT CLEAR CREEK REGIONAL WATER RECLAMATION SYSTEM 'S POINT PARTICIPATING MEMBER CONTRACT CITY OF SANGER METERING STATION, AN 1. The approximate location of Sanger's initial Point of Entry is shown on Page 2 of this Exhibit A. The Point of Entry shall be located separately from the metering station. 2. It is agreed that Sanger's Wastewater will be measured at a metering station(s) to be located in the vicinity of the headworks of the Plant as indicated on page two of this Exhibit A. 3. The trunk main from the initial Point of Entry to the metering point or treatment works shall be included as part of the System. 4. The boundaries of Sanger's service area, generally for the drainage basin of Clear Creek, are noted on the attached map in this Exhibit A. The District and Sanger agree that Sanger may expand or reduce its service area in the future. Note: Upon mutual agreement of Member and District, an updated or corrected Exhibit A may be substituted for this Exhibit A. Page 35 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract [Map of Sanger's Point of Entry and metering station to be inserted here] Page 36 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract UPPER TRINITY REGIONAL WATER DISTRICT CLEAR CREEK REGIONAL WATER RECLAMATION SYSTEM PARTICIPATING MEMBER CONTRACT CITY OF SANGER itv Minimum Flow and Average Flow According to Article II of Contract The provisions of this Exhibit B form a part of the Contract and are applicable to the District and to Sanger as if set forth in their entirety in the body of the Contract. The following quantities are mutually agreed to for the purposes noted. For Average Annual Flow (MGD)' Capacity Minimum Flow (MGD) Total Plant _ For Subscribed Capacity Financial Purposes = v ` ., Phase 1 2.0 MGD 0.2 MGD 2.0 MGD- Phased Construction. Construction of Clear Creek treatment plant capacity is expected to be accomplished in phases. When Sanger desires additional capacity to provide for future growth requirements, Sanger shall give appropriate notice to the District to allow adequate time for coordination with other participants in the System and for financing, design and construction. The District then will use such increased capacity as the new subscribed capacity for allocation of cost to Sanger as provided in the Contract. It is mutually agreed that other Members and Customers may participate in the System to allow the District to fulfill its responsibility of providing adequate service to the region. Page 37 of49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract EXHIBIT C UPPER TRINITY REGIONAL WATER DISTRICT CLEAR CREEK REGIONAL WATER RECLAMATION SYSTEM CITY OF SANGER PARTICIPATING MEMBER CONTRACT FOR WASTEWATER TREATMENT SERVICES Prohibited Discharges and Requirements For Normal Wastewater The provisions of this Exhibit C form a part of the Contract and are applicable to the District and City of Sanger as if set forth in their entirety in the body of the Contract. Wastes Not Admissible: Gasoline; cleaning solvents; non emulsified oils and greases; mineral oils; ashes; cinders; sand; gravel; tar; asphalt; ceramic wastes; plastics; other viscous substances; feathers; hair; rags; metal; metal filings; glass; wood shavings; sawdust; unshredded garbage; toxic, corrosive, explosive or malodorous gases; acetylene generation sludge; cyanides or cyanide or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of 2 mg/I by weight as CN; radioactive materials which will permit a transient concentration higher than 100 microcuries per liter; emulsified oil and grease, exclusive of soaps, exceeding on analysis an average of 100 mg/I of ether - soluble matter; acids or alkalis having a pH value lower than 6.0 or higher than 10.0; other similar substances as those named in this paragraph in quantities capable of causing obstruction to the flow of Wastewater in mains or interfere with the operation of the system; and, Wastewater containing specific pollutant concentrations in excess or any of the numerical limitations named hereunder shall be prohibited from discharge to the System: Pollutant Arsenic Barium Cadmium Chromium Copper Lead Manganese Mercury Nickel Selenium Silver Zinc Total Toxic Organics Page 38 of 49 Maximum Allowable Concentration (uq/l) 100 1,000 50 500 500 500 1,000 5 1,000 50 50 1,000 1,000 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract Requirements for Normal Wastewater: (a) Biochemical Oxygen Demand (B.O.D.). B.O.D. of Wastewater delivered to the System, as determined by standard methods, shall not exceed 250 mg/I. (b) Total Suspended Solids. Total Suspended Solids delivered to the System as determined by Standard Methods, shall not exceed 250 mg/I. (c) Hydrogen Ion Concentration (pH). The pH of Wastewater delivered to the System shall not be lower than 6.0 nor higher than 10.0. No acids shall be discharged into the System unless neutralized to a pH of 6.0 or more. (d) Hydrogen Sulfide Concentration. Dissolved sulfides in Wastewater at the point of delivery to the System shall not exceed 0.1 mg/I. Revisions to the List of Prohibited Discharges: (a) In the event there is any conflict between this Exhibit C and applicable regulations of the Texas Commission on Environmental Quality or of the United States Environmental Protection Agency, the applicable regulations shall govern. (b) This Exhibit C is subject to revision as necessary to correlate with, to comply with and to remain current with future regulations and requirements of Texas Commission on Environmental Quality and United States Environmental Protection Agency. If the District determines that a change in this Exhibit C is necessary to respond to such revised regulations pursuant to the Contract, including this Exhibit C, District shall furnish a revised Exhibit C to Member according to the provisions of the Contract. Page 39 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract EXHIBIT D UPPER TRINITY REGIONAL WATER DISTRICT CLEAR CREEK REGIONAL WATER RECLAMATION SYSTEM CITY OF SANGER PARTICIPATING MEMBER CONTRACT FOR WASTEWATER TREATMENT SERVICES Special Provisions The provisions of this Exhibit D form a part of the Contract and are applicable to the District and Sanger as if set forth in their entirety in the body of the Contract. If any provision of this Exhibit D conflicts with the provisions in the main body of the Contract, the provisions of this Exhibit D shall prevail. 1. Wastewater Collection Systems. Sanger agrees to expand, install, own, operate and maintain (or contract with others for operation and maintenance) its wastewater collection system to serve the Wastewater needs within Sanger's service area that can be served reasonably by the System. Unless otherwise agreed in writing by both parties, Sanger agrees to collect and to deliver to the System all of its Wastewater from its service area that lies within the Clear Creek Service Area. If a Municipal Utility District (MUD) or similar entity is authorized within Sanger's service area, Sanger will use its best efforts to assure that Sanger is the wastewater service provider for each such entity. Sanger's wastewater collection system shall be designed, constructed, and operated in accordance with generally accepted municipal standards and applicable specifications published by the North Central Texas Council of Governments. All future wastewater collection lines shall be minimum six (6) inch diameter with sufficient capacity for the build -out of each respective portion of the applicable service area, including upstream or adjacent areas anticipated to be served. Further, pipes, fittings and manholes shall conform to generally accepted specifications of typical municipal wastewater utilities. 2. Master Plans. Sanger agrees to maintain master plans for the wastewater system within its service area. To that end, Sanger agrees to provide the District with an initial copy of such plan and updated master plans for its wastewater system at least every five years, unless no change in the Master Plan is warranted and is so stated in writing by Sanger. (a) Said master plans shall provide for collection of Wastewater from throughout the Clear Creek Service Area and for delivery at the appropriate Point of Entry into the System. Page 40 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract (b) This Contract provides for delivery of Wastewater into the System at a Point of Entry in the Clear Creek drainage basin for treatment at the Clear Creek Water Reclamation Plant. 3. Wastewater Control Plans. The District and Sanger agree that the public health and safety require that plans for control of Wastewater be prepared and implemented in conjunction with development of the District's Regional Treated Water System. Accordingly, pursuant to the Contract, Sanger agrees to participate in the Clear Creek Regional Water Reclamation System, and will prepare plans to extend Sanger's wastewater collection system to connect to the System on a schedule to be coordinated with the District. 4. Required to Connect. Sanger will require future retail customers and future developments within the Clear Creek Service Area to connect to its wastewater collection system, when feasible and appropriate, under reasonable rules as Sanger's wastewater collection system is installed and expanded. Approval of any new subdivision or development by Sanger without wastewater collection facilities being required therein shall be considered an exception, requiring compelling evidence that the public health and safety, as well as the environment will otherwise be protected for the long term. 5. Infiltration and Inflow. Sanger agrees to design, construct and maintain its wastewater collection system to reasonably limit infiltration of ground water and inflow of surface water. This requirement is intended to keep the peak flow of Wastewater entering the System at levels below the maximum amount provided in the Contract and to reduce the quantity of Wastewater being metered for, and charged to, Sanger. 6. Cost Elements. Banger's portion of the capital costs for the Project shall be funded in accordance with this Contract, including certain up -front costs. Sanger agrees to pay for the Preliminary Engineering Design Report it authorized and all costs to apply for and to secure the discharge permit for the proposed new Clear Creek Plant. Generally, operating expenses of the System will be based on flow. However, certain operating expenses are somewhat fixed in nature and may be billed as "Minimum Flow (MGD) for Financial Purposes" according to subscribed capacity. Sanger and the District acknowledge and agree that Sanger will be the initial participant in the Project and System. Accordingly, except as otherwise provided herein, Sanger agrees that it will be responsible for all ongoing costs associated with the service to be provided by District pursuant to this Contract. The costs for which Sanger agrees to be responsible for and to pay, as its share of the Annual Requirement are as follows: (a) Capital Costs of Treatment Plant and the Trunk Main. Until there are other participants in the System, Sanger shall be responsible for all capital costs. Thereafter, such capital costs shall be shared on a pro rata basis between participants based on their respective capacities as may be subscribed from time to time. Sanger Page 41 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract shall also be responsible for a full pro rata share of cost of future replacement or rehabilitation of capital facilities. (b) Common -To -All Facilities. All facilities that are installed and intended for the general benefit of participants in the Project and System are considered to be 'Common -to -All Facilities". Such facilities may include the plant site, treatment works and other facilities on the plant site, certain major trunk lines, lift stations, metering facilities, etc. The capital cost of the Common-to-AII Facilities shall be shared among all participants according to respective subscribed capacities. Delivery and Treatment Facilities are typically designed with extra capacity or "oversize" to accommodate future growth and future Customers. Each participant is responsible for the costs of providing adequate capacity of facilities to accommodate the build -out of its respective service area. Any extra capacity or oversize capacity in pipelines and other such facilities, which capacity is intended for future Customers in the System shall be considered to be Common-to-AII Facilities. However, since Sanger is the only initial participant in the System, application of the provisions of this paragraph concerning any Common -To -All Facilities will not apply initially. (c) Delivery Facilities. Sanger shall be responsible for the design and construction of its facilities for delivery of Wastewater to the Point of Entry and all costs (capital as well as operation and maintenance) related thereto. (d) Oversize for Future. To provide capacity for future growth of Sanger and for service to other Customers in the future, elements of the Project and System may be oversized as required by District in conformance with the Contract. The District reserves the right to apply for certain State Participation Funds as provided in this Contract to help pay for future capacity. (e) Treatment Plant Operation and Maintenance Expense. Sanger shall be responsible for such expenses as part of its Annual Requirement, subject to the minimum amount specified in Exhibit B, including any fixed portion thereof. (f) Other Operation and Maintenance Expenses. Other expenses related to operation and maintenance of the Project and System, such as Common-to-AII facilities, trunk lines, lift stations, meter facilities, transportation of biosolids, wastewater pumping, fees for use of lines, including any fixed costs, etc., shall be shared according to this Paragraph 6 and common utility practice. (g) Prior System Costs. The District incurred $28,066 in prior costs for the Project, primarily related to the May 2004 Planning Study conducted in cooperation with Sanger concerning regional wastewater service for the Sanger area. Accordingly, Sanger agrees to reimburse the District for said prior costs within ninety (90) days of the Effective Date of this Contract. Page 42 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract (h) Engineering Cost for the Project. Sanger and the District agree to proceed with the final engineering design and preparation of construction documents for the Project. Sanger and District shall jointly participate in selection of the consulting engineers for the Project. The District shall engage the consulting engineers so selected by contracting directly with the selected firm(s). The engineering costs, including the cost of engineering services after award of the construction contract(s), shall be included as overall capital costs of the Project to be funded through the issuance of Bonds by the District. (i) State Participation Program Application. Certain components of the Project may qualify for State Participation Program funding from the Texas Water Development Board, The District agrees to engage a consulting engineer to update the Preliminary Engineering Design Report and perform the required environmental assessment, if necessary, in support of the District's application for State Participation funding. Sanger agrees to reimburse the District within ninety (90) days of the Effective Date of this Contract for all costs, including the District's cost of overhead and project management, associated with the District's application for State Participation funds for the Project. 7. Assignment or Sale. Sanger hereby agrees that it will not assign, sell, or convey its retail wastewater collection system to any party without the prior written approval of the District, which approval will not be unreasonably denied. Any such approval of a proposed sale to a Customer of the District will be denied only if the requested sale, assignment or conveyance would cause the interest on any of the Bonds to be or become subject to federal income taxation under the Internal Revenue Code of 1986, as amended. Further, any such assignment, sale or conveyance, if approved, would require the benefiting party to assume the appropriate obligations of the Contract. 8. Capacity for Adjacent Areas. Sanger is required to provide for future Wastewater flows from adjacent areas that, by reason of topography or sound engineering practices should flow into and through the participant's facilities and service area. Accordingly, Sanger agrees to plan, design and construct its facilities with adequate capacity to serve property within the drainage basin(s) within Sanger's planning area that flows into or through each particular portion of Sanger's service area. The areas and flows to be so provided for by Sanger shall be certified by a Registered Professional Engineer selected by Sanger in conjunction with planning and design of each phase of Sanger's wastewater collection system. 9. Future Customers /Prior Costs. In the future, any utility entity other than Sanger that desires to discharge Wastewater into the System through Sanger's wastewater collection system or directly into the System owned and operated by the District shall first contract with the District for participation in the System. Prior to authorization for any such entity to discharge Wastewater into Sanger's collection system District shall verify with Sanger that capacity is available pursuant to Paragraph Page 43 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - -City of Sanger Participating Member Contract 8 above, and shall prescribe means for measurement of or estimating the flow. With Sanger's written consent, the District may authorize such discharge. Further, any such participating entity shall pay appropriate prior costs paid by Sanger and other participants (if any) as determined by the District pursuant to the Contract for previously constructed facilities to be used to receive and transport the new entity's Wastewater. In addition to reimbursement of costs related to District facilities, the District will reimburse to Sanger any such funds collected from said participating entity for use of Sanger's internal wastewater collection system, if Sanger's facilities are authorized by District to be used to serve said participating entity. Said prior costs shall be equal to a pro rata share of actual original cost for the amount of capacity to be contracted to the participating entity. Considering the capacity contracted for by any such participant, the District will make appropriate adjustment in Sanger's share of the Annual Requirement, and thereafter will require the new participant or Customer to pay its share of the Annual Requirement for the System. 10. Modification of Service Area. Under the Contract, Sanger has the right to receive wholesale wastewater treatment service directly from the District for its service area as such service area may be modified from time to time, subject to a mutual determination of feasibility for the service being requested. 11. Project Capital Funds. Except as otherwise provided in the Contract, the District hereby agrees to use its best efforts to provide the necessary funds to design and construct the Project. For future expansions of, or improvements to, the Project or System, District hereby agrees to use its best efforts to issue its Bonds. In the unlikely event that the District were unable to issue its Bonds in sufficient amount to finance the entire cost of a future improvement desired by Sanger or determined by District to be necessary, it is mutually agreed that Sanger will deposit the remaining funds (if any) required for Sanger's share of the proposed capital improvement. (a) After design of one or more Project elements has been completed, the District will advertise and take competitive bids for construction, which construction may be in phases. Concerning any element of the Project or System, Sanger shall have a continuing option to prepay portions of the Project or System cost and to receive corresponding reduction in future rates and charges. (b) If District applies for and receives State Participation funds for the Project from Texas Water Development Board, such funds will be deducted from the amount of funds otherwise required for construction. (c) The District agrees to use its best efforts to construct the Project when and as needed, as jointly determined by the District and Sanger. The District agrees that design and construction of the Project will be made in accordance with generally accepted engineering practices. The District's ability to complete the Project may be dependent in part on receiving timely approval from other governmental bodies, including Corps of Engineers, Texas Water Development Board and TCEQ. Page 44 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract 12. Transfer of Plant Site and New Discharge Permit to District. Sanger has previously purchased land for the site and acquired a wastewater discharge permit from TCEQ for the proposed Clear Creek Plant. Sanger hereby agrees to transfer the plant site to the District and to take the necessary steps with TCEQ to have the discharge permit transferred to the District according to the provisions set forth below: (a) Sanger does hereby agree to sell, convey, transfer and assign all of its interest in an approximate twenty (20) acres of land to the District for the site of the proposed Clear Creek Plant. Ownership and title to the land will be conveyed by separate instrument for ten dollars ($10.00) and other good and sufficient consideration. As part of the consideration, District hereby agrees to construct, own, expand and operate the Clear Creek Plant and to accept and treat Wastewater generated in the Clear Creek Service Area, which Wastewater will be collected by Sanger and transported to the Point of Entry for treatment at the Plant. b) T he form of legal instrument to accomplish final conveyance of the land for the site shall be developed by Sanger with assistance from and mutual agreement of District; and, District shall pay the costs of completing and closing said conveyance, which costs shall be included in the Project's cost. Said transfer of the Plant Site to the District shall be accomplished prior to advertising for bids for construction of the Project. On a mutually agreed date, Sanger and District agree to execute a suitable conveyance document to close the transaction, conveying ownership of the Plant site to the District. On the date indicated in the conveyance documents, the District will assume its obligations to own and maintain the Plant site and to provide the services provided in this Contract. c) As part of the consideration for transfer of ownership of the Plant site and for the services to be received by Sanger under this Contract, Sanger hereby agrees to pay and retire all outstanding indebtedness, if any, on the land prior to transfer to the District, such that the District will have no responsibility to pay any cost thereof. AN Sanger currently holds a wastewater discharge permit from TCEQ for a future wastewater treatment plant to be constructed, operated and maintained on the site of the proposed Clear Creek Plant (TPDES No. WQ0014327003). Sanger has requested the District to construct, operate and maintain the Clear Creek Plant; and, therefore agrees to file the necessary documents with TCEQ to transfer said discharge permit to the District. Said request for transfer shall be filed within thirty (30) days of the Contract Date, The District agrees to operate and maintain the Clear Creek Plant within the perimeters set forth in said discharge permit. Further, Sanger agrees to support any future discharge permit renewals filed by the District. e) If any additional real property needs to be acquired by District for development t siteSanger oI the Project or System, including facilities for flood protection of the Plan, Page 45 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract agrees to assist the District in such acquisition; and, any such additional property will be included in the cost of the System, unless such cost is paid directly by Sanger. 13. Phased Construction. It is hereby recognized that the initial capacity in the System being subscribed herein by Sanger is based on Sanger's expected needs over a five (5) -year period from the date that service is first available. The initial capacity of the plant will be determined by the District in coordination with Sanger based on the City's current and future wastewater needs. Thereafter, the plant will be expanded in phases on a timely basis to meet Sanger's needs and according to subsequent engineering studies, consistent with the discharge permit issued for the plant by TCEQ. 14. Bonds Not Subject to Federal Income Tax. Sanger hereby covenants and agrees that it will not use or operate its retail collection system, or permit the use or operation of said system or of the District's System in any manner that could cause the interest on any of the District's Bonds to be or to become subject to federal income taxation under the Internal Revenue Code of 1986 or any amendments thereto in effect on the date of issue of such Bonds. 15. Eminent Domain. In obtaining easements and property for the Project, the District and Sanger acknowledge that the use of the power of eminent domain may be required, if and when negotiations are not successful. Sanger hereby confirms and agrees that it has the power of eminent domain, which may be exercised within and without Sanger's boundaries. Accordingly, Sanger is agreeable to use its power of eminent domain if requested by the District concerning the acquisition of any specific parcel of property or easement required for the Project or System. 16. State Participation Program /Eq"if y Fee. Sanger acknowledges that a portion of the System may be funded through the State Participation Program; and, if so, the State will have an equity ownership interest in the System. In such case, the District's policy is to purchase (buy-back) the State's interest over a reasonable period of time; and, to that end, District requires that any entity contracting for new or additional wastewater service capacity to pay an "Equity Fee" established by District. The "Equity Fee" is generally based on the amount of accrued interest cost on that portion of the System owned by the State and upon the amount of System capacity that would be contracted to Sanger or any other party requesting such capacity. Accordingly, Sanger agrees to pay any applicable "Equity Fee" for System capacity requested by Sanger pursuant to this Contract according to the terms established by the District. 17. Building Activity Fees. As part of the District's rate structure for the System, " Sanger agrees to pay a fee for building activity ("Building Activity Fee) within its service area to provide a portion of the cost of wastewater treatment capacity, Delivery Facilities and other associated elements of the System. a) Beginning within sixty (60) days after the District awards the first contract for construction of the Project, Sanger shall pay a Building Activity Fee. as determined by Page 46 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract the District as part of the District's rate structure for each residential connection (or equivalent thereof for other types of connections) to be served by Sanger pursuant to this Contract. However, if Sanger enters into a development agreement(s) that includes a provision for waiver of said Building Activity Fee in whole or part for a specific development(s), Sanger may request that the District waive all or part of the Building Activity Fee on a development -by -development basis, which request shall not be unreasonably denied by the District. If Sanger waives all or part of the fee, Sanger shall notify the District in writing and provide to the District a copy of said development agreement. Unless so waived in whole or part, Sanger may choose to collect said fee from developers or from builders as part of its development code, or as part of its retail rate schedule or as part of "Impact Fees" otherwise being collected for development activity within Sanger. Said fee to be established by the District initially shall be five hundred dollars ($500) per connection; and, shall be due and payable by Sanger to District at the time that Sanger commits to provide a connection for wastewater service for a retail customer's new premise. On a quarterly basis, except to the extent waived pursuant to this paragraph, said Building Activity Fees shall be remitted to the District with an appropriate accounting thereof. Further, if Sanger has agreed pursuant to a development agreement(s) to waive the Building Activity Fee in whole or part for the developer or builders, Sanger nonetheless may elect to pay the fee so waived to the District pursuant to this Exhibit D. b) The intended use of funds generated by said fees is: (1) to provide a portion of permanent funding of the Project and System, (2) to reduce the amount of, or to pay principal and interest on, District Bonds otherwise needed to be issued for permanent funding of the Project and System, and (3) to pay any other costs of the System. Funding from said fees will help enable lower rates, and will reduce the total funds that otherwise will need to be generated annually through rates and charges to Sanger. All fees collected and remitted to District pursuant to this Exhibit D will be considered to be Customer contributions and shall be applied to permanent funding of the Project and System. All such fees remitted to District after the initial funding for the Project and System is retired shall be used by the District for Sanger's share of cost for expansion, extensions, improvements and replacement thereof or to pay principal and interest on bonds sold by District for the Project and System, and may be used for any costs of the System. 18. Initiation of Capital Improvement Projects. Two major capital improvement projects are contemplated for initial construction under this Contract: (1) a major trunk main to deliver wastewater to the Plant; and (2) construction of the Clear Creek Water Reclamation Plant. Construction may be at different times for the trunk main and the Plant. 19. Watershed Protection. To help protect the quality of the District's water supply in Lewisville Lake: Page 47 of 49 Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - City of Sanger Participating Member Contract a) Sanger agrees to participate in and support the District's efforts to implement activities for a regional watershed protection program. Elements of a program may include methods to reduce the amount of pollutants from entering the watershed, ways to limit the amount of sediment being transported to local water supply sources, and public education. As part of the public education element, Sanger agrees to assist the District in installing the District's watershed signs along roadways near creeks and streams within the City's service area. b) Specifically, as part of the watershed protection program identified above, Sanger agrees to adopt reasonable requirements for local developers within its service area to set aside natural riparian lands to be used as greenbelts in those developments. Pursuant to such "reasonable requirements" adopted by Sanger, Sanger will require or seek dedication of said greenbelts in perpetuity, which greenbelts shall be under the control of and administered by the City or a local homeowners association. Such greenbelts shall be left largely in their natural state, but may be used for multiple purposes such as buffer zones, hiking or jogging trails, wetlands, stormwater retention or playgrounds. 20. Wastewater Operators. District agrees that the existing employees of Sanger currently operating the existing plant are welcome to become employees of the District. A list of the existing employees is included as Attachment 1 to this Exhibit D. The District agrees to hire said employees and to continue comparable compensation and benefits as present, both elements (compensation and benefits) considered collectively. District agrees to retain said employees for one year, subject to the District's personnel rules and regulations. Thereafter, compensation, benefits and positions of said employees will be based on merit in like manner as other employees of District. District and Sanger agree to coordinate the transition of employment to assure no interruption in medical insurance and to protect retirement benefits of the employees. 21. Banger's Existing Wastewater Treatment Plant and Existing Discharge Permit. Sanger currently owns, operates and maintains a wastewater treatment plant, lift stations, and other facilities associated with providing wastewater collection and treatment services to its retail customers. In addition, the City has a wastewater discharge permit issued by TCEQ for said wastewater treatment plant (TPDES No. WQ0014372001). Under this Contract, the District has agreed to construct, own, operate and maintain the Clear Creek Plant, a new regional wastewater treatment plant, to provide, in phases, Wastewater treatment service to the Clear Creek Service Area. Both parties agree that once the Clear Creek Plant is fully operational unless otherwise agreed in writing, all Wastewater flow from the City's existing plant will be diverted to the Clear Creek Plant. Thereafter, Sanger agrees not to treat any wastewater at its existing plant. a) Ownership of the existing wastewater treatment plant, its associated facilities and property, will remain vested with Sanger. However, if by mutual agreement it is deemed beneficial for the operation of the Clear Creek Plant, both parties may agree to Upper Trinity Regional Water District Clear Creek Regional Water Reclamation System - - City of Sanger Participating Member Contract transfer ownership of the existing plant, facilities and property to the District. The procedures set forth in Paragraph 12(b) of the Exhibit D shall be followed if the ownership of the existing plant, its facilities and property are to be transferred to the District. b) Sanger currently holds a wastewater discharge permit issued by TCEQ for the existing wastewater treatment plant. Sanger agrees to not renew said discharge permit upon the expiration thereof. Within thirty (30) days after said expiration, Sanger shall file all the necessary documents with TCEQ to abandon said permit. The cost of facilities to enable the transfer of Wastewater from the existing treatment plant to the Clear Creek Plant shall be included as part of the Project costs. 22. Prompt Payment by Sanger. Notwithstanding the provisions of Section 3.08 of the Contract, Sanger agrees that it will make payments required by this Contract to the District within thirty (30) days of the date a bill for service is rendered. 23. i+oorciiridti©i� of i�iitiirc ooi�u Issues. i.;itder an existing program (generally referred to as Cultural and Educational Facilities Finance Corporation), Sanger is subject to certain limitations on issuance of bonds for which it may have certain obligations. Both the District and Sanger desire to retain their ability and flexibility to issue bonds and other debt obligations as reasonable necessary to fulfill their respective functions in an efficient manner. Therefore, the District will coordinate with Sanger regarding District plans for issuance of future Bonds or other debt for the Project or System. Sanger will do likewise concerning its plans to issue bonds or other forms of debt. The purpose of such coordination is to avoid any inadvertent issuance of debt that might impair the ability of the other party to fulfill its financial obligations because of bonding caps that may apply. In order to not impair the ability of one party to issue debt, and in accordance with sound financial planning, both Sanger and the District agree to notify the other party sufficiently in advance of its intent to issue debt (including, but not limited to, bonds or certificates of obligation). \\UtrwdOl\..\..\NAltis Docs\Contracts\Sanger-Clear Creek Pariicipat Contr Final 042308.DOC 5-12-2008 2:45 PM PAYROLL NO# -ALL SEQUENCE SORTED BY DEPARTMENT E M P L O Y E E L I S T A -Annual M-Monthly SM-Semi-monthly W-Weekly BW-Bi-Weekly DEPARTMENT NO#: 008-54 Waste Water Treatment E. vO# _____________NAME====________. DEPT NO# HIRE DT HOURLY ANNUAL 01-5402 VINSON, RAYMOND L 008-54 2/08/1999 19.470 UTILITY WORKER/WATER 01-5404 BOLZ, JAMES JR D 008-54 7/26/2004 24.260 TREATMENT PLANT OPERATOR 01-5405 BEUTHIEN, BRADLEY L 008-54 12/08/2005 13.080 TREATMENT PLANT ** DEPARTMENT TOTALS ** NO# OF EMPLOYEES: ** REPORT TOTALS ** NO# OF EMPLOYEES: 3 EMPLOYEE STATUS: ACTIVE FULL/PART TIME: ALL STATUS A A A PAGE: 1 JOB CLASS -p N O O N OMMOOoomEOMOMMOOOzi3O n�D '4 rn rn rn O W v C� 0 0 0 D N rn v m� 0 0= �00 pp�o�o��z zoo-z..�0O�ZO QT.OuMOc 0T�0 D90Z�0cri kmi0CT1i, �w> Z�Z0 N^iNN N-nrnrn (J' W:UC/)--IDO �Wycn(n 0:�r 0zZ'S^WTIZ WzC7Gi��(DXX�a)oo W W ((n N N y O W "Co W �4 ml�L 0 Ui 0)U7 NN N 0) _ NO W y � N O v V 0 p (1 Ck) al 03W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o D 0 00 0 000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 :� A()t N O N (O W W O' 4 W .A O 0 �4 0 W W V 0 0� O goo) 0o 00 O 00 000�o 00 00 ♦� v .� (3 Ul cri Ul _i (n CTI .� _a (,j� Ch f11 W O W (31 O (3t 0 0 w W W W N O W GJ W O W O O O `< \ \ \° \' \ \ \ \ \ \ \ \ (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EA ffl (O Efl Efl N ffl Efl w(fl N (O W w W Efl .A W �3;A(011MODON(n� W W W -► -� O O O N �4 -� OD OJO W� W A O W 0 0 O CO3i �I (O O N �40 -� O O W' 4 O W 00 .A O N -� v 0 -� v C c ((D (D a Q o (Dnmo a' o N 0 0 (D 0 3 3 � � o 0 Q. r� N Mi 0 a (Dz =0 0 (D v r� Q C� wo Ct a 0 o -ti o 0 0 o (� (� O W'v 0 Woo "�o0000 (Qm no Cl) Cr Q(D a0 aaa3 0 o (D ° (° 0 (D `� 0 0 �Q- m ��rn3 m 5pv v�n�i o :3 :3 o, o T. v a 3 3 3 3� 0 3 3' 0 D m v j 0 0 0 0 (n 0 u, O(Dn D 0 � v 3 (D 3 0 0 00 0 O 00 00 0OD(O 0 00w 00w 00 a v �C (0(D (D �°(D p o -+ (D maC�OCM) v c n� (Q ((DD N 'r 1 (1 (D Z p m ((DD Q° (D n n CD m N N Ol N (Wp (WTI OD (OL) 'p W WO N N O �rnwn c((0 v r« 90 m 90 n w `� n C/) 90 �(o wpm (U �� rn 5 N N N N cn v W �_ W W W O O v N p) Cfl 0 O 0 z000o �Nrn9rn m XPO0 (gyp Q0 ((DD (1) (Q n < O S S0 0 'S �oW N o v O W 0 OD A v m O al wA OD 00 0 w v 0 m m m N Cl) n p p mo N C O O W cr (D. U) rn n n m o o (D p= z (n o (D .A 0 o N m 00 D (n co C) (n (D p N W OD N O O y W V � O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0000 O O O O O O O O O O O O O O O O O POOL {� P .A W W W W W W W W N N N N W" -� �I O W (O 00 ' A W� W N 0 .A W 3 O m W �4 4O� N N N O O O O N C O O O `Z p O p O v (11 (}7 (Jl CJl CSt Ul W W W W W W W W W W CJ7 .P W C71 W O Ut 0 0 '< O O O Ul (n 0 U1 0 m (n 0 (31 U1 O �4 (P O Ch 0 0 0 0 .� \o \ \o \ \ \ \ \ \° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a � (O m .Q c 0 o m as a 0 0 00En m m m a n �, O O O .+ m m O C 0 N c c (D m cn 3 0 3 469 C ((DD O a (� n c (OD m ° o (D (D 'o o mo (D am � 3 ao. n a�, m crQ CL0 a o O 2 �_sm o 0000n�o3Wm O � <' z o o v o 0 a�,� „� aa3 0 �OL n o o m e o o� o c m o c�< 3 EF m rn << m O < a, m m m (D " m n= O (p O O O m m m m m (Q v m(D o c 3 'cDn o o D 5 m o m a c O (Q .0 ^" n' `G 33� 33 3�. U) �' n (n (n (D 3 O U) 0 0 c c a a -a v, u, (D oon� 7 O c G `G a -ma � m N N N N N N N O O O O O 0 0 (O (O 00 OD OD 00 (O .7 v v D nni Zn m m o X X `< Q- n. nS Z n n m 0 0 0 0 ��rn 0 OD O O O O 0900 O O O O -P W N O 00 O d o CT Cn N = 0 0 0 tD Q. U1 Ut W U1 Ql N -P O W N (y) O n CJl -• O N P OD Ul �D N n m Q. v rt v C N r C) �G C. � O m O 0 v �Ol 0o v O00 ao W m n0i n cQ 0 m N � < z � CD C7 0 .p c4 w WA v cn cn w ocoo� WIND a cGOn�w� �j N (0 O W (J CF) ID O W fD -< -< r O n rt m a v A v c w N n Poo =. MO rMIL O r+ m O n v 5-13-2008 04:01 PM 001-GENERAL FUND REVENUE SUNIMARY CHARGES FOR SERVICES SOLID WASTE SWIMMING POOL TAXES, PENALTIES & INTERE HOTEL TAX STATE SALES TAX MIXED DRINK TAX BUILDING PERMITS HEALTH PERMITS LICENSES MUNICIPAL COURT FRANCHISE FEES LIBRARY FIRE INTEREST SANITATION TRANSFERS CARRY OVER BOND FUNDS MISCELLANEOUS BTMGET TRANSFER *** TOTAL REVENUES *** EXPENDITURE SUMMARY C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET 33,600.00 1,395.00 18,703.01 55.66 0.00 0.00 0.00 0.00 71500.00 0.00 3.02 0.04 2,150,000.00 18,175995 2,039,391913 94.86 14,000.00 41090.02 10,518.29 75.13 510,000.00 37,023.08 287,243.82 56.32 21000.00 986.62 2/940924 147.01 100,000000 51214.00 38,268.40 38.27 22,575600 11250.00 141790.00 65.51 3/000900 295.00 11375.00 45.83 1521570.00 ( 11326.68) 78,359.46 51.36 299,000.00 191511.91 150,791923 50.43 25,869.00 2/336995 38,236.92 147.81 435,000.00 35,755.51 172,685.66 39.70 381000.00 51854.58 82,743.83 217.75 498,000900 47,053.20 322,106.49 64.68 3,988,333.00 72,994.70 552,438.61 13.85 138,800.00 38,580995 1191759.50 86.28 274,557.00 0.00 175,307900 63.85 8,692,804.00 -------------- -------------- 289,190.79 4,105,661.61 47.23 -------------- ------ -------------- ------ 00-GRANT & SAVINGS EXP. 0.00 2,045.01 4,633.34 0.00 O1-CIP BOND EXPENSES 3,988,333.00 48,633.92 463,644.47 11.63 10-MAYOR AND COUNCIL 531149.00 211.69 59,618927 112.17 15-ADMINISTRATION 222,383.00 111071.20 119,082.94 53*71 18-ENGINEERING 97,780.00 61733.48 55,599.46 57.83 20-POLICE 859,712.00 101,584.53 537,913.64 62.73 22-ANIMAL CONTROL 68,192.00 41723.05 34,079.04 50.02 24-FIRE 334,426.00 351601.22 226,199.49 68.39 25-AMBULANCE 222,045.00 13,441.18 1651591.18 75.70 26-MUNICIPAL COURT 142,906.00 91172.99 83,285.43 59.73 27-CUSTODIAL 16,543.00 368.68 8/582961 51.88, 28-ENFORCEMENT/INSPECTION 1851835.00 12,235.28 100,429.07 54.04 30-STREETS 278,703.00 13,122.88 137,557.28 50.53 32-PARKS 442,496.00 32,621.51 225,526.29 51.43 34-POOL 49,311.00 464.18 5/387936 10.93 36-VEHICLE MAINTENANCE 87,172.00 91581.18 42,041.72 54.84 40-SULLIVAN CENTER 8/350900 127.86 6,341.94 75.95 42-LIBRARY 161,728.00 16,410.98 91,077.67 57.82 5-13-2008 04:01 PM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 44-COMMUNITY CENTER 6,900.00 272.51 1,955.32 28.34 48-MAIN STREET 0.00 0.00 0.00 0.00 46-ECONOMIC DEVELOPMENT 183,276.00 107.32 61,713.34 33.67 60-TAX SERVICES 21,580.00 0.00 12,639.41 58.57 62-HEALTH SERVICES 81400.00 0.00 41125.00 49.11 64-AMBULANCE SERVICES 0.00 0.00 0.00 0.00 66-SOLID WASTE 440,000.00 40,226.28 274,953.55 62.49 70-DEBT SERVICE 813,584.00 31888.11 189,087.89 23.24 *** TOTAL EXPENDITURES *** 81692,804.00 362,645.04 21911,065971 33.76 ** REVENUES OVER(UNDER) EXPENDITURES ** 0.00 ( 73,454.25) 11194,595.90 0.00 274,557.00 0.00 175,307.00 63.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) ( 274,557.00) 0.00 ( 175,307.00) 63.85 5-13-2008 04:01 PM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 F _ NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ........................... .......... CHARGES FOR SERVICES 00-4120 COMMUNITY CTR. FEES 00-4130 VARIANCES & PLATS 00-4140 COMMUNITY CENTER DEPOSITS 00-4150 DOG POUND FEES 00-4160 TAX CERTIFICATE 00-4170 LANDFILL FEES 00-4175 GARBAGE BAGS 00-4180 GRANT FUNDS NCTCOG TOTAL CHARGES FOR SERVICES SOLID WASTE 00-4190 SOLID WASTE COLLECTIONS (TRFS) TOTAL SOLID WASTE SWIMMING POOL 00-4210 SWIMMING POOL INCOME TOTAL SWIMMING POOL TAXES, PENALTIES & INTERE 00-4310 PROPERTY TAX 00-4321 PENALTY & INTEREST TOTAL TAXES, PENALTIES & INTERE HOTEL TAX 00-4410 HOTEL MOTEL TAX TOTAL HOTEL TAX 6,000.00 100.00 2,675.00 22t500.00 906.00 12,869.63 1/000000 315.00 742.50 4/100000 74.00 21139.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 276.88 0.00 0.00 0.00 33,600.00 11395.00 0.00 0.00 18,703.01 0.00 0.00 44.58 57.20 74.25 52.17 0.00 0.00 0.00 0.00 55.66 0.00 0.00 7,500.00 0.00 3.02 0.04 7,500.00 0.00 3.02 0.04 2,130,000.00 15,780.68 2,023,226.90 94.99 20,000.00 2,395.27 16,164.23 80.82 2,1501000.00 18,175.95 21039,391.13 94.86 14,000.00 14,000.00 4,090.02 4,090.02 10,518.29 75.13 10,518.29 75.13 STATE SALES TAX 00-4425 STATE SALES TAX 510,000.00 37,023.08 287,243.82 56.32 TOTAL STATE SALES TAX 510,000900 37,023.08 287,243.82 56.32 5-13-2008 04*01 PM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 F� _TNUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ MIXED DRINK TAX 00-4450 MIXED DRINK TAX 2,000.00 986.62 2,940.24 147.01 TOTAL MIXED DRINK TAX 2,000.00 986.62 21940.24 147.01 BUILDING PERMITS 00-4510 BUILDING PERMITS 100,000000 5,214.00 38,268.40 38.27 TOTAL BUILDING PERMITS 100,000.00 5,214.00 38,268.40 38.27 HEALTH PERMITS 00-4520 HEALTH PERMITS 22,575.00 1,250.00 14,790.00 65.51 TOTAL HEALTH PERMITS 22,575.00 11250.00 14,790900 65.51 LICENSES 00-4530 ELECTRICAL LICENSES 1/000900 60.00 440.00 44.00 00-4540 PLUMBING LICENSE FEES 1/000800 160.00 640.00 64.00 00-4545 FIRE ALARM/FIRE SPRINKLER 0.00 0.00 0.00 0.00 00-4550 AC & MECHANICAL LICENSE FEES 1/000000 75.00 295.00 29.50 555 IRRIGATION & BACKFLOW LICENSE 0.00 0.00 0.00 0.00 i'OTAL LICENSES 3/000000 295.00 11375.00 45.83 MUNICIPAL COURT 00-4600 DEFAULT/COURT 10,000.00 768.00 6,543.00 65.43 00-4601 RESTITUTION FEE-LOCAL-RSTL 0.00 0.00 0.00 0.00 00-4602 RESTITUTION FEE-STATE-RSTS 0.00 0.00 0.00 0.00 00-4603 JUDICIAL FEE-COUNTY-JFCT 0.00 ( 134.20) ( 30.92) 0.00 00-4604 JUDICIAL FEE -CITY 0.00 52.54 568.24 0.00 00-4605 TEEN COURT 0.00 0.00 0.00 0.00 00-4606 EXPUNCTION FEE-EXPUNG 0.00 0.00 0.00 0.00 00-4607 STATE TRAFFIC FEE 21000.00 ( 21754.89) ( 2,135.26) 106.76 00-4608 CONSOLIDATED COURT COST04 41000.00 ( 61744.62) ( 61136964) 153.42 00-4609 STATE JURY FEE-SJRF 1,000.00 ( 642.93) ( 407.67) 40.77 00-4610 CONSOLIDATED COURT COSTS 0.00 ( 126.99) ( 81.96) 0.00 00-4611 CJP - POLICE 0.00 0.00 0.00 0.00 00-4612 LEMI COURT COST 0.00 0.00 0.00 0.00 00-4613 LEOA COURT COSTS 0.00 0.00 0.00 0.00 00-4614 JUVENIL CRIME & DELINQUENCY 0.00 ( 3.74) ( 2.42) 0.00 00-4615 CHILD SAFETY COURT COST 1,000.00 0.00 7,023.74 702.37 00-4616 SECURITY FEES 11200.00 240.75 924.32 77.03 00-4617 INSURANCE & DISMISSAL FEES 21000.00 60.00 280.00 14.00 00-4619 JCPT 0.00 ( 14.93) ( 9.64) 0.00 00-4620 DAP DEFERRED ADJUDICATION 34,500.00 31154.00 16,412991 47.57 5-13-2008 04:01 PM 001-GENERAL FUND C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 00-4624 TECHNOLOGY FEE COURT 1/500000 321.00 11741.10 116.07 00-4625 FINES 73,000.00 4,261.82 38,762.38 53.10 00-4626 IMPOUND FEES 550.00 0.00 0.00 0.00 00-4627 WARRANT FEES - FTA 71500.00 464.60 8/054910 107.39 00-4628 ARREST FEES 61820.00 401.25 21878.87 42.21 00-4630 LEOSE-POLICE 0.00 0.00 0.50 0.00 00-4631 FUGITIVE APPRENHENSION 0.00 ( 37.35) ( 24.10) 0.00 00-4632 TIME PAYMENT FEES 0.00 0.00 0.00 0.00 00-4633 CTVOC - POLICE 0.00 ( 112905) ( 72.32) 0.00 00-4636 CORR.MANGT.INSTIT.CJCF 0.00 ( 3.74) ( 2.91) 0.00 00-4637 TRAFFIC CODE 21600.00 166.00 937.30 36.05 00-4640 DEF.DRIVING. DDC (COURT) 2,000.00 100.00 620.00 31.00 00-4642 CASH BONDS COURT 1/200600 ( 97.00) 303.00 25.25 00-4643 TIME PAYMENT LOCAL 11700.00 220.73 11465.45 86.20 00-4644 SEATBELT SAFETY 0.00 50.00 ( 100600) 0.00 00-4645 MUNICIPAL SERVICE BUREAU 0.00 ( 508.36) 778.42 0.00 00-4646 TIME PAYMENT STATE 0.00 ( 541.79) ( 701.54) 0.00 00-4647 BEER & WINE PERMIT FEES 0.00 0.00 430.00 0.00 00-4648 INDIGENT DEFENSIVE FD. 0.00 135.22 341.51 0.00 TOTAL MUNICIPAL COURT 152,570.00 ( 1,326.68) 78,359.46 51.36 F TCHISE FEES 00-4650 FRANCHISE FEES-ATMOS ENERGY 40,000.00 0.00 40,510947 101.28 00-4660 FRANCHISE FEES/EMBARG 17,000.00 633.17 8/265953 48.62 00-4670 FRANCHISE FEES-COSERVE DCEC 80,000900 18,878.74 59,259994 74.07 00-4680 FRANCHISE FEES-CEBRIDGE 12,000.00 0.00 11,498942 95.82 00-4685 FRANCHISE FEES EF 150,000.00 0.00 30,000.00 20.00 00-4690 FRANCHISE FEE/IESI DUMPSTERS 0.00 0.00 11256.87 0.00 TOTAL FRANCHISE FEES 299,000.00 19,511.91 150,791.23 50.43 LIBRARY 00-4710 LIBRARY - DENTON CO. INT/LOCAL 17,369.00 21000.00 16,000.00 92.12 00-4720 MISC. INCOME LIBRARY 8/500900 336.95 22,236.92 261.61 TOTAL LIBRARY 25,869.00 21336.95 38,236.92 147.81 FIRE 00-4740 FIRE-DENTON CO. INT/LOCAL 00-4750 FIRE RUNS/ REIMB.AMB. DENTON 00-4760 F.I.R.E. INSURANCE BILLING 00-4770 INTERMEDIX REVENUE(AMB) 00-4780 TDHCA STATE GRANT FUNDS" TOTAL FIRE 10,000.00 175,000.00 0.00 250,000.00 0.00 435,000.00 0.00 28,561.18 0.00 7,194.33 0.00 35,755.51 10,000.00 131,436.54 0.00 31/249912 0.00 172,685.66 100.00 75.11 0.00 12.50 0.00 39.70 5-13-2008 04:01 PM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 F 7NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ INTEREST 00-4800 INTEREST INC. G.F. 281000.00 51307.49 78,474.61 280.27 00-4801 INT. INCOME DEBT SERVICE 10,000800 547.09 41269.22 42.69 TOTAL INTEREST 381000.00 51854.58 82,743.83 217.75 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER FR ENT.FDS 498,000.00 471053.20 3221106.49 64.68 TOTAL SANITATION TRANSFERS 498,000.00 47,053.20 322,106949 64.68 CARRY OVER BOND FUNDS 00-4901 2006 CARRY OVER BOND FDS 315001000.00 721994.70 272,994.70 7.80 00-4902 07 CARRY OVER BOND FD. PWKS 488,333.00 0.00 2791443.91 57.22 TOTAL CARRY OVER BOND FUNDS 31988,333.00 72,994.70 552,438.61 13.85 MISCELLANEOUS 00-4910 MISC. INC. G.F. 201000.00 38,417.55 641065.91 320.33 00-4911 BEAUTIFICATION BOARD 61800.00 43.40 558.95 8.22 C 912 OVER AND UNDER 0.00 0.00 0.00 0.00 00-4913 FEMA DISATER FUNDS 0.00 0.00 91218.35 0.00 00-4914 TDHCA GRANT FUNDS 0.00 0.00 0.00 0.00 00-4915 TDCA SECTION VII HOUSING ASST, 21000.00 120.00 960.00 48.00 00-4920 SANGER ISD/RESOURCE OFFICER 30,000.00 0.00 32,456929 108.19 00-4930 RETURN CHECK FEES 0.00 0.00 0.00 0.00 00-4940 PARK DONATIONS/GRANT FDS 0.00 0.00 0.00 0.00 00-4950 LOAN PROCEEDS FOR POLICE BLDG 0.00 0.00 0.00 0.00 00-4960 BOND PROCEEDS 0.00 0.00 0.00 0.00 00-4980 DUE FROM ENT, FD PAYROLL 0.00 0.00 0.00 0.00 00-4985 TRANSFERS FROM 4A/4B 80,000000 0.00 121500.00 15.63 TOTAL MISCELLANEOUS 138,800.00 38,580.95 119,759.50 86.28 BUDGET TRANSFER 00-4990 BUDGET TRANSFER FROM ENT FUND 274,557.00 0.00 174,557.00 63.58 00-4991 TRANSFERS FROM MM, SGS, 0.00 0.00 750.00 0.00 TOTAL BUDGET TRANSFER 274,557.00 0.00 175,307.00 63.85 *** TOTAL REVENUES *** 8,692,804.00 289,190.79 4,105,661.61 -------------- -------------- 47.23 5-13-2008 04:01 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 001-GENERAL FUND 00-GRANT & SAVINGS EXP. r' XRTMENT EXPENDITURES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 50-CHECK CHARGES 00-5000 CHECK CHARGES TOTAL 50-CHECK CHARGES 74-NON DEPARMENTAL 00-7445 SANGER HISTORICAL EXP. 00-7460 GRANT WORKS- (SAFE ROUTE) TOTAL 74-NON DEPARMENTAL 75-GRANT AND SVGS EXPENSE 00-7520 TX DEPT OF TRANSPORTATION 00-7530 PROPERTY PURCHASE/CARLAW 00-7535 AMBULANCE & FIRE TRK EXPENSE 00-7540 GRANT EXPENDITURES 00-7545 EVA BRUCE PROP. TAXES 00-7550 HOME GRANT EXPENDITURES 00-7560 G.F.EQUIP. REPL SVGS EXP, c 1561 MISC EXP. TECHONOGY FD 00-7562 HOTEL MOTEL SVGS. ACCT. EXP 00-7565 LIBRARY MM EXPENSES 00-7570 PARK EXPENSES & (GRANT EXP) 00-7585 BEAUTIFICATION BOARD SVGS EXP TOTAL 75-GRANT AND SVGS EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,045.01 0.00 0.00 0.00 2,045.01 *** DEPARTMENT TOTAL *** 0.00 2,045.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 149.74 0.00 0.00 0.00 3,733.60 750.00 0.00 0.00 4,633.34 4,633.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5-13-2008 04:01 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 001-GENERAL FUND 01-CIP BOND EXPENSES rARTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 74-NON DEPARMENTAL 01-7460 2006 CIP BOND EXPENSE 01-7470 2007 BOND EXP PWKS FACILITY TOTAL 74-NON DEPARMENTAL *** DEPARTMENT TOTAL *** 3,500,000.00 488,333.00 3,988,333.00 3,988,333.00 -------------- -------------- 35,701.55 12,932637 48,633.92 48,633.92 -------------- -------------- 272,554.70 7.79 191,089.77 39.13 463,644.47 11.63 463,644.47 11.63 -------------- ------ -------------- ------ 5-13-2008 04:02 PM 008-ENTERPRISE FUND REVENUE SUMMARY C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET WATER 1,140,000.00 82,716.47 576,980.70 50.61 SEWER 802,000.00 70,785.39 489,324.92 61.01 SANITATION 536,383.00 48,209.11 325,633.04 60.71 ELECTRIC GROUP 71023,584.00 5131902.28 31839,449993 54.67 WATER TAPS 152,250.00 21000.00 44,000.00 28.90 SEWER TAPS 155,250.00 2,000.00 40,000.00 25.76 CONNECT FEES 37,065.00 3,030.00 20,515900 55.35 OTHER INCOME 41600.00 510.57 11542.70 33.54 INTEREST 160,000900 23,450.46 178,882964 111.80 SANITATION TRANSFERS ( 498,000.00) ( 47,053.20) ( 3221106.49) 64.68 CARRY OVER BOND FUNDS 21697,861.00 0.00 288,253.42 10.68 MISCELLANEOUS INCOME 15,200.00 11650.45 16,964.88 111.61 BUDGET TRANSFER ( 274,557900) 294.16 ( 169,849.36) 61.86 *** TOTAL REVENUES *** 11,951,636.00 701,495.69 51329,591938 44.59 EXPENDITURE SUMMARY 00-SAVINGS &MM EXPENSES 0.00 343.90 41807.38 0.00 01-CIP BOND EXPENSES 21697,861.00 0.00 434,258.54 16.10 10-MAYOR AND COUNCIL 8/975900 193.96 14,776935 164.64 15-ADMINISTRATION 222,383.00 321422.27 139,273.26 62.79 18-ENGINEERING 97,780.00 61732.92 55,018.31 57.23 19-DATA PROCESSING 295,973.00 20,093.21 140,035984 47.42 27-CUSTODIAL 16,543.00 368.77 71872.48 47.59 36-VEHICLE MAINTENANCE 87,172.00 91581.18 41,975.19 50.10 50-WATER 878,465900 50,499.81 417,215979 48.76 52-WASTE WATER COLLECTION 188,467.00 21047.30 47,592929 25.25 54-WASTE WATER TREATMENT 303,778.00 18,382.80 141,077.26 47.79 58-ELECTRIC 61126,854.00 438,416971 31318,425.28 55.34 70-DEBT SERVICE 11016,595.00 11484.00 156,875.25 15.43 *** TOTAL EXPENDITURES *** 11,940,846.00 580,566.83 41919,203.22 41.95 ** REVENUES OVER(UNDER) EXPENDITURES ** 10,790.00 120,928.86 410,388.16 964.02 ( 274,557.00) 294.16 ( 169,849936) 61.86 0.00 0.00 0.00 0.00 5-13-2008 04:02 PM 008-ENTERPRI0E FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) 274,557.00 ( 294.16) 169,849.36 61.86 5-13-2008 04*02 PM 008-ENTERPRISE FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 R"' 7NUES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUES WATER 00-4000 UTILITY UNRESOLVE DIFFERENCE 0000 0.00 0000 0.00 00-4101 UNRESOLVE CUSTOMER'S DEPOSIT 0.00 0.00 0.00 0800 00-4110 WATER BILLING 11140,000*00 82,716*47 576,980.70 50.61 TOTAL WATER 11140,000*00 82,716*47 576,980.70 50.61 SEWER 00-4120 SEWER BILLING 802,000900 70,785.39 489,324.92 61901 TOTAL SEWER 802,000.00 70,785.39 489,324.92 61901 SANITATION 00-4130 SANITATION BILLING 536,383.00 48,209.11 325,633.04 60.71 TOTAL SANITATION 536,383.00 48,209.11 325,633.04 60.71 ELECTRIC GROUP 00-4140 ELECTRIC INCOME 5,850,000.00 447,696.60 3,259,151.97 55.71 00-4145 SECURITY LIGHTS 39,920.00 31309*42 23,187925 58.08 00-4150 DEMAND CHARGE 990,000000 52,092998 471,219.70 47.60 00-4155 SALES TAX INCOME 0.00 0.00 0000 0000 00-4160 PENALTIES BILLED 143,664900 10,803.28 85,891.01 59.79 TOTAL ELECTRIC GROUP 7,023,584.00 513,902*28 31839,449993 54967 WATER TAPS 00-4200 WATER TAPS 152,250900 2,000.00 44,000900 28.90 TOTAL WATER TAPS 152,250*00 2,000.00 44,000*00 28.90 SEWER TAPS 00-4220 SEWER TAPS 155,250.00 21000*00 40,000900 25.76 TOTAL SEWER TAPS 155,250*00 21000*00 40,000900 25.76 5-13-2008 04:02 PM 008-ENTERPRISE FUND R- 'NUES C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ CONNECT FEES 00-4300 CONNECT FEES 37,065.00 31030.00 20,515.00 55.35 TOTAL CONNECT FEES 37,065.00 31030.00 20,515.00 55.35 OTHER INCOME 00-4400 SALES TAX 00-4500 METER BASES 00-4510 SAWSET POLE FEE 00-4520 DELQ. ACCT. ARRS. 00-4530 POLE CONTACT FEES 00-4540 MINOR TOOLS 00-4550 OVER & UNDER E.F. TOTAL OTHER INCOME 0.00 0.00 24.22 0.00 0.00 0.00 60.00 0.00 4,600.00 60.00 11320.00 28.70 0.00 446.75 446.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.82 ( 308.27) 0.00 4,600.00 510.57 11542.70 33.54 00-4800 INTEREST INCOME E.F. 50,000.00 21,167.25 166,930.27 333.86 00-4801 INTEREST INCOME DEBT SERV. 110,000.00 2,283.21 11,952.37 10.87 00-4802 INTEREST 91 SERIES 0.00 0.00 0.00 0.00 c 860 BOND PROCEEDS 0.00 0.00 0.00 0.00 TOTAL INTEREST 160,000000 23,450.46 178,882.64 111.80 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER TO GF ( 498,000.00) ( 47,053.20) ( 3221106.49) 64.68 TOTAL SANITATION TRANSFERS ( 498,000900) ( 47,053.20) ( 322,106.49) 64.68 CARRY OVER BOND FUNDS 00-4900 06 CARRY OVER BOND FUNDS 11721,194.00 0.00 285,846.89 16.61 00-4901 07 CARRY OVER BOND FUNDS 976,667.00 0.00 21406.53 0.25 TOTAL CARRY OVER BOND FUNDS 21697,861900 0.00 288,253.42 10.68 MISCELLANEOUS INCOME 00-4910 MISC. INCOME ENTR.FD 10,000000 11405.45 14,689.88 146.90 00-4920 INSUFF. CHECKS RECOVERED 0.00 0.00 0.00 0.00 00-4930 RETURN CHECK FEES 51200.00 245.00 21275.00 43.75 00-4935 WALMART PROCEEDS FOR TXCAP.FD 0.00 0.00 0.00 0.00 00-4940 DUE TO E.F. FROM 96 ESCROW CON 0.00 0.00 0.00 0.00 00-4945 TX.CAPITAL FD. PROCEEDS 0.00 0.00 0.00 0.00 00-4950 PRIOR YEAR INCOME 0.00 0.00 0.00 0.00 00-4980 GNB LOAN PROCEEDS 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 15,200.00 11650.45 16,964.88 111.61 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND R7NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ BUDGET TRANSFER 00-4990 BUDGET TRANSFERS (OUT) 00-4991 TRANSFER FROM MM, SVGS. TOTAL BUDGET TRANSFER ( 274,557.00) 0.00 ( 27455700) ,. 0.00 294.16 294.16 ( 174,557.00) 63.58 4,707.64 0.00 169,849.36) 61.86 *** TOTAL REVENUES *** 11,951,636.00 701,495.69 5,329,591.38 44.59 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND 00-SAVINGS &MM EXPENSES D'RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 70-DEBT SERVICE 00-7006 99 REV. BOND INTEREST 0.00 0.00 0.00 0.00 00-7007 99 REV. BOND FEES 0.00 0.00 0.00 0.00 TOTAL 70-DEBT SERVICE 0.00 0.00 0.00 0.00 50-CHECK CHARGES 00-5000 BANK SERVICE CHARGE ORDERS 0.00 0.00 0.00 0.00 TOTAL 50-CHECK CHARGES 0.00 0.00 0.00 0.00 59-SVS, MM, GRANT EXP, 00-5900 SAFETY & INCENTIVE SVGS. EXPS. 0.00 0.00 41413.48 0.00 00-5905 ONE PLUS EXPENSE 0.00 0.00 0.00 0.00 00-5910 OF EQUIP REPL. EXPENSES 0.00 0.00 0.00 0.00 00-5970 BILLING OVERPAYMENT 0.00 0.00 0.00 0.00 00-5980 DUE TO GF FROM EF PY ERROR 0.00 0.00 0.00 0.00 TOTAL 59-SVS, MM, GRANT EXP. 0.00 0.00 41413.48 0.00 71-PROJECT EXPENSES 00-7100 DEVELOPMENT AGREEMENT EXPS. 0.00 0.00 0.00 0.00 00-7150 WATER WELL PROJECT EXPENSE 0.00 0.00 0.00 0.00 TOTAL 71-PROJECT EXPENSES 0.00 0.00 0.00 0.00 72-NON DEPARTMENTAL 00-7200 DATA MATIC 0.00 0.00 0.00 0.00 00-7201 WATER TREATMENT CONST. 0.00 0.00 0.00 0.00 00-7210 WATER WELL EXPENSE 0.00 0.00 0.00 0.00 00-7240 WA. CAPITAL IMPR. EXP. 0.00 294.16 294.16 0.00 00-7245 SEWER CAPITAL IMP. EXPENSE 0.00 0.00 0.00 0.00 00-7250 BOLIVAR WA.CORP. EXP/SUB/ATT 0.00 0.00 0.00 0.00 00-7260 SEWER EASMENT 0.00 0.00 0.00 0.00 TOTAL 72-NON DEPARTMENTAL 0.00 294.16 294.16 0.00 5-13-2008 04:02 PM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND 00-SAVINGS &MM EXPENSES D RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 74-NON DEPARMENTAL 00-7400 SESCO SETTLEMENT 00-7410 TEXAS CAPITAL FD EXPENSES 00-7440 EMPL.OF YR EXP./FLOWERS 00-7445 DOCUMENT SHREDDING 00-7460 2006 REV BD CONST. EXPENSES 00-7470 07 BD EXPENSE PWKS BLDG. TOTAL 74-NON DEPARMENTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 49.74 0.00 0.00 0.00 0.00 99.74 0.00 0.00 0.00 0.00 49.74 99.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75-GRANT AND SVGS EXPENSE 00-7500 96 SEWER IMPROVEMENTS 0.00 0.00 0.00 0.00 00-7501 LEASE PWRKS. BLDG 0.00 0.00 0.00 0.00 00-7503 HOWARD ASHCRAFT REIMB. OV.PY 0.00 0.00 0.00 0.00 00-7504 HOME RULE ELECTION EXP. 0.00 0.00 0.00 0.00 TOTAL 75-GRANT AND SVGS EXPENSE 0.00 0.00 0.00 0.00 0.00 343.90 4,807.38 0.00 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND 01-CIP BOND EXPENSES r 1RTMENT EXPENDITURES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET 01�7460 2006 CIP BOND EXPENSES 2007 BOND EXPS.PWK FACILITY TOON *** DEPARTMENT TOTAL *** 1,721,194.00 0.00 431,852.01 25.09 976,667.00 0.00 2,406.53 0.25 2,697,861.00 0.00 434,258.54 16.10 2,697,861.00 0.00 434,258.54 5-13-2008 04:02 PM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND 70-DEBT SERVICE D' 1RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 70-DEBT SERVICE 70-7001 91 REV. BDS DEBT 70-7002 91 REV. BD. INTEREST 70-7003 91 REV. BD. BOND FEES 70-7004 96 UT SYSTEM REV. BD EXP. 70-7005 99 REV. BOND DEBT 70-7006 99 REV. BOND INTEREST 70-7007 99 BOND FEES 70-7010 96 REV. BD. DEBT SERVICE 70-7012 96 REV. BD. DEBT. INTEREST 70-7013 96 REV. BD. DEBT BOND FEES 70-7014 SOUTH STEMMONS SEWER LINE IMPR 70-7015 GNB NOTE PAYABLE 70-7016 N/P GNB INTEREST 70-7017 N/P METER SYSTEM WELLS FARGO 70-7018 N/P METERS SYS. INT. 70-7019 2002 PRINCIPLE 70-7020 2002 DEBT SERV INTEREST 70-7021 2002 BOND FEES `'022 2006 CO. & REV. BD PYM PRINC. 70-7023 2006 CO & REV INT. PAYM. 70-7024 2006 CO & REV BOND FEES 70-7025 CO & REV BOND PRINCIPAL 70-7026 CO & REV BD INTEREST 70-7027 BOND FEES 70-7050 LOAN TO EF FROM 96 SERIES TOTAL 70-DEBT SERVICE *** DEPARTMENT TOTAL *** *** TOTAL EXPENDITURES *** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 180,000.00 0.00 33,653.00 0.00 735.00 0.00 55,000.00 0.00 28,690.00 0.00 730.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 70,705.00 0.00 33,750.00 0.00 95,000.00 0.00 111,100.00 0.00 730.00 0.00 180,900.00 0.00 136,592.00 0.00 0.00 0.00 33,334.00 0.00 55,326.00 0.00 350.00 1,484.00 0.00 0.00 1,016,595.00 1,484.00 1,016,595.00 -------------- -------------- 11,940,846.00 -------------- -------------- 1,484.00 580,566.83 0.00 0.00 16,826.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,345.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 55,550.00 50.00 0.00 0.00 0.00 0.00 68,295.00 50.00 375.00 0.00 0.00 0.00 0.00 0.00 1,484.00 424.00 0.00 0.00 156,875.25 15.43 156,875.25 15.43 -------------- ------ -------------- ------ 4,919,203.22 41.95 -------------- ------ -------------- ------ 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 008-ENTERPRISE FUND 70-DEBT SERVICE D' 'RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ OTHER FINANCING SOURCES (USES) ------------------------------ 00-4990 BUDGET TRANSFERS (OUT) 00-4991 TRANSFER FROM MM, SVGS. TOTAL OTHER FINANCING SOURCES (USES) *** END OF REPORT *** ( 274,557.00) 0.00 274,557.00 -------------- -------------- 0.00 294.16 ( 294.16) -------------- -------------- ( 174,557.00) 63.58 4,707.64 0.00 169,849936 -------------- -------------- 61.86 ------ ------ 5-13-2008 04*02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 41 -4A CORPORATION CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET ........... ...... SUMMARY 4A REVENUES 186,200.00 19,360947 149,166.81 80.11 *** TOTAL REVENUES *** 186,200.00 19,360.47 149,166.81 80.11 EXPENDITURE SUNIMARY 75-4A EXPENSES 1217500.00 10,000000 70,005900 57.62 *** TOTAL EXPENDITURES *** 121,500.00 10,000.00 70,005.00 57.62 ** REVENUES OVER(UNDER) EXPENDITURES ** 64,700.00 9,360.47 79,161.81 122.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) 0.00 0.00 0.00 0.00 5-13-2008 04:02 PM 41 -4A CORPORATION C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 F.._.. ANUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUES 4A REVENUES 00-4000 LOAN PROCEEDS 0.00 0.00 0.00 0.00 00-4425 STATE SALES TAX 222,000900 18,511.54 143,117.86 64.47 00-4800 INTEREST INCOME 4/200900 848.93 6,048.95 144.02 00-4940 DONATIONS 0.00 0.00 0.00 0.00 00-4950 PRIOR YEAR INCOME 0.00 0.00 0.00 0.00 00-4985 TRANSFERS OUT FR 4A TO GF ( 40,000.00) 0.00 0.00 0.00 TOTAL 4A REVENUES 186,200.00 19,360.47 149,166.81 80.11 *** TOTAL REVENUES *** 186,200.00 19,360.47 149,166.81 80.11 5-13-2008 04*02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 41 -41,1 CORPORATION 75-4A EXPENSES I" 7kRTMENT EXPENDITURES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET ---.............. --------------......... --------------------------------------------------...... 52-SUPPLIES AND MATERIALS 75-5200 CHECK CHARGES 75-5205 FOOD 75-5210 OFFICE SUPPLIES 75-5215 TRAVEL & REGISTRATIONS 75-5220 DUES 75-5225 PUBLICATIONS/SUBSCRIPTIONS TOTAL 52-SUPPLIES AND MATERIALS 54-CONTRACT SERVICES 75-5410 INSURANCE 75-5420 CONTRACTUAL SERVICES 75-5425 LEGAL FEES TOTAL 54-CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00 0.00 200.00 0.00 0.00 750.00 0.00 0.00 250.00 0.00 5.00 200.00 0.00 0.00 1,400.00 0.00 5.00 100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 65-PROJECTS 75-6500 PROJECTS 0.00 0.00 0.00 0.00 ;505 LOAN PAYMENTS/20066800 1201000.00 10,000000 70,000.00 58.33 TOTAL 65-PROJECTS 120,000.00 10,000900 70,000.00 58.33 *** DEPARTMENT TOTAL *** 121,500.00 10,000000 70,005.00 57.62 *** TOTAL EXPENDITURES *** 121,500.00 10,000.00 70,005900 57.62 OTHER FINANCING SOURCES (USES) ------------------------------ TOTAL OTHER FINANCING SOURCES (USES) 0.00 0.00 0.00 0.00 *** END OF REPORT *** 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 42 -4B CORPORATION CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ............ ....... SUNIMARY 4B REVENUES *** TOTAL REVENUES *** EXPENDITURE SUMMARY 76-4B EXPENSES *** TOTAL EXPENDITURES *** 439,399.00 21,077.28 312,985.20 71.23 439,399.00 21,077.28 312,985.20 71.23 ------------------------------------------ ------ ------------------------------------------ ------ 226,649.00 885.44 160,106.47 70.64 226,649.00 885.44 160,106.47 70.64 ------------------------------------------ ------ ------------------------------------------ ------ ** REVENUES OVER(UNDER) EXPENDITURES ** 212,750.00 -------------- -------------- TOTAL OTHER FINANCING SOURCES (USES) 225,399.00 0.00 ( 225,399.00) -------------- -------------- 20,191.84 -------------- -------------- 0.00 0.00 0.00 -------------- -------------- 152,878.73 71.86 -------------- ------ -------------- ------ 157,876.84 70.04 0.00 0.00 ( 157,876.84) 70.04 -------------- ------ -------------- ------ 5-13-2008 04:02 PM •••••4 • C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 R NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUES 4B REVENUES 0• :•• INTEREST INCOME 0• • DONATIONS 0• • TRANSFER PRIOR YEAR INCOME •• OUT • 11 ••• TRANSFERS FROM TOTAL *** TOTAL REVENUES *** 222,000.00 32,000.00 0.00 0.00 ( 40,000.00) 225,399.00 439,399.00 439,399.00 -------------- -------------- 18,511.54 2,565.74 0.00 0.00 0.00 0.00 21,077.28 21,077.28 -------------- -------------- 143,117.86 64.47 21,990.50 68.72 0.00 0.00 0.00 0.00 ( 10,000000) 25.00 157,876.84 70.04 312,985.20 71.23 312,985.20 71.23 -------------- ------ -------------- ------ 5-13-2008 04:02 PM C ITY OF SANGER FINANCIAL STATEMENT AS OF: APRIL 30TH, 2008 42 -4B CORPORATION 76-4B EXPENSES P� ARTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 52-SUPPLIES AND MATERIALS 76-5200 CHECK CHARGES 76-5210 OFFICE SUPPLIES 76-5215 TRAVEL & REGISTRATIONS 76-5220 DUES 76-5225 PUBLICATIONS/SUBSCRIPTIONS TOTAL 52-SUPPLIES AND MATERIALS 54-CONTRACT SERVICES 76-5410 INSURANCE 76-5420 CONTRACTUAL SERVICES 76-5450 ENGINEERING FEES TOTAL 54-CONTRACT SERVICES 0.00 0.00 0.00 0.00 200.00 0.00 0.00 0.00 500.00 0.00 0.00 0.00 250.00 0.00 5.00 2.00 200.00 723.49 723.49 361.75 1,150.00 723.49 728.49 63.35 100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 0.00 0.00 0.00 65-PROJECTS 76-6500 PROJECTS 225,399.00 161.95 159,377.98 70.71 TOTAL 65-PROJECTS 225,399.00 161.95 159,377.98 70.71 *** DEPARTMENT TOTAL *** 226,649.00 885.44 1601106.47 70.64 *** TOTAL EXPENDITURES *** 226,649.00 885.44 160,106947 70.64 OTHER FINANCING SOURCES (USES) ..................... 00-4990 TRANSFERS FROM RESERVES 225,399900 0.00 157,876.84 70.04 TOTAL OTHER FINANCING SOURCES (USES) ( 225,399.00) 0.00 ( 157,876.84) 70.04 *** END OF REPORT *** d ro ro m o `n A O M m � imd to a aGO tq H ro � ~ Qo ►• A C O A OO "Y OOQ O = QpQ m � � M � •ti � QQ tny, R two C! �� D F•H 0 � �. 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F+ Q /MD ti N 'A O V O O CN a Cal e y 140 O ;N O N ti O O CZ) Gt O Cn Cn O O O O O Cn O 1.:59 AM Sanger Area Chamber of Commerce 05116/68 Profit & Loss Accrual Basis January 1 through May 6, 2008 Jan 1 = May 6, 08 Ordinary Income/Expense Income Annual Banquet & Auction 10,542400 Downtown Development Assn.-900.00 Golf Tournament 900000 Hotel / Motel Tax 11688,59 Map Advertising-200.00 Membership Dues 19,665,00 Mixer -54.00 Newsletter Ad Sales 40.00 Rabies Clinic 41648,00 Total Income 363329,59 Expense Advertising Want Ads 48400 Advertising - Other 350.00 Total Advertising 398.00 Awards & Membership Banquet 21495,68 Bank Loan Interest 115066 Building Repairs 309002 Contract Labor 828.75 Downtown Development Assn, Exp. Francise Tax 0,00 Total Downtown Development Assn. Exp. 0,00 Insurance Building Insurance 87.49 Insurance- Other 31300 Total Insurance 400,49 Memberships & Dues 287,50 Miscellaneous Helium Tank Rental 40A0 Member Plaques 31.87 Membership Decals 367.39 Retreat Luncheon 37.27 Total Miscellaneous 476053 Newsletter Expense 339,50 Office Cleaning Window Cleaning 38475 Total Office Cleaning 38475 Office Expense Copier Lease 400,00 Phone 889.77 Post Office Box 175.00 Postage 402,12 Supplies 549,16 Total Office Expense 21416,05 Payroll. Taxes Monthly Payroll Taxes 421,96 Quarterly Payroll Taxes 735.38 Weekly Payroll Taxes 39,55 Payroll Taxes - Other 168,53 Total Payroll Taxes 11365*42 t t +Rabies Clinic Expense 3,686.00 Page 1 9:59 AM 05/06/08 Accrual Basis Sanger Area Chamber of Commerce Profit & Loss January 1 through May 6, 2008 Utilities Electric & Water Gas Utilities - Other Total Utilities Website 6560 • Payroll Wage Expense Total Expense Net Ordinary Income Other Income/Expense Other Income Uncategorized Income Cash Box Change Total Uncategorized Income Total Other Income Other Expense Cash Box Change Total Other Expense Net Other Income Net Income Jan 1 -May 6, 08 504.54 347.48 167.52 1,019.54 110.40 31177,00 17,464.29 18, 865.30 150.00 150.00 150.00 150.00 150.00 0.00 18,865.30 Page 2 BANGER PUBLIC LIBRARY MONTHLY REPORT FEBRUARY 2008 Submitted by Victoria Elieson HIGHLIGHTS: Plans are being made to join a consortium that would provide a shared catalog for about 12 libraries. Patrons could request items from another library and have it delivered in about two days. Other benefits would be that the catalog would be available online, and that the library would not have to host the server or worry about technical troubles. ADMINISTRATION: Submitted to Denton County the funding proposal from the Denton County Library Advisory Board (representing 14 county libraries). Meetings and training attended: Shared ILS meeting, 4/2, via conference call to Ft. Worth Barcode Committee of the Shared ILS Group, 4/10, Roanoke Library Trends workshop broadcast, 4/11, UNT Texas Library Association Conference, 4/16-4/18 - Five classes, as well as volunteer time, committee work and exhibit visits (Vicky) TLA Conference, 4/164/18 — Eight classes, including Marketing, Wikipedia Smackdown and author sessions (Lynne) North Texas Book Festival, 4/184/19, Denton North Texas Regional Library System Meeting, 4/24, Lewisville NIMS training online, all staff, various courses Shared ILS meeting, 4/30, Ft. Worth PUBLIC RELATIONS: National Library Week was celebrated with "Food for Fines" (donated food was given to the Sanger Crisis Center) and "Take Home a Lonely Children's Book". The "Truck Round -Up" and North Texas Book Festival were also held during that week. PROGRAMS: Adult programs included one knitting class and one crochet class on Saturday and an evening program on lowering cholesterol. The library presented a special program for families, a city "Truck Round -up". Children really enjoyed seeing eleven city vehicles and equipment including a fire engine, police car, animal control truck and especially the back hoe. Only 24 children attended. Next time we will schedule it on a weekday after school. "Farm Animals" was the Storytime theme. During the first week, kids painted the barn (the box the new bookdrop came in). They also enjoyed herding 30 balloon cows into the barn. "Cows", "Pigs", "Chickens and Ducks", "Sheep and Goats" and Horses" were the weekly themes. During the last program, Pam Stephens brought her horse for the children to see. APRIL 2008 STATISTICS 2007 2008 BORROWER CARDS Last Month 3369 3581 New Cards 59 51 Cards reactivated 13 11 TOTAL 3441 3643 CIRCULATION Nonfiction 361 315 Fiction 607 773 Junior Fiction 100 141 Children's Books 456 513 Leased Books 137 187 Interlibrary Loan 8 12 Spanish Materials 6 22 Audio Books 107 122 Music CDs 26 33 Video Materials 584 621 Equipment 0 2 Renewals 342 included above TOTAL CIRCULATION 2734 2741 INTERNET USERS 776 940 PROGRAMS Children Programs 8 11 Children Attending 92 148 Adults Attending 41 68 Other Programs 4 3 Number Attending 21 21 VOLUNTEERS Number of Adults 3 4 Number of Juniors 5 9 Number of Hours 43 79 COLLECTION Books 16047 15371 Leased Books 194 192 Paperback Fiction 2525 2455 Audio Books 565 589 Music CDs 364 407 CD-ROM 142 200 Videocassettes 878 901 DVD 342 451 Microfilm 75 75 Equipment 3 4 TOTAL COLLECTION 21135 20645 REVENUE Fines $239.94 $150.65 Copies $129.20 $119.95 ILL Postage $12.97 $24.12 New Cards $2.25 $2.25 Lost Materials $19.99 TOTAL $384,36 $316696 8th Annual'North Texas Boo � Festival to be � held April � 19 Cz�;�r BY VICKIE ELIESON - intimate multipurpose facility is also -______---- .BANGER PUBLIC LIBRARY the venue for the Book Trails Dinner, `-They come in paper, audio cas- which began in 2005 as a time for fel- ♦: "sette, CD and now Kindle: They con- lowship and relaxation with the fea- tain facts or'dreams or shivers. or ' lured fesfival authors, other participat- sometimeslies. They provide an ex= ing authors, and the community. perience that can't be duplicated. Proceeds fiom the North Texas They are BOOKS. The North Texas Book Festival support school and Book Festival was created for.those public libraries and literacy programs. of us who love books. The 8th an- This yeaz one of the libraries receiv- nual festival will be held on Saturday, ing support is the Sanger Public Li - April 19 from 9:00 AM to 4:00 PM brary. So book lovers and library us - at the Center foi the Visual Arts 400 ers can show their support of our li- E. Hickory Street in�Denton. brazy by attending the North Texas Scott Murray, former KXAS-TV Book Festival. spOrtScast�tisolSd'dPtAe'fe�tur'�ii'at'rL '� thors. He and the other featured au- ', thor, adventurer Richazd Trout will be speaking. Lots of other authors will be at the festival, too, talking infor- many about their books and signing them. There will be plenty of oppor- tunity to shop for books in a festival atmosphere. Ventriloquist Stephen McKenzie and his friends Awesome Possum and Cornelius the Monkey will entertain the kids. The night before the festival the . featured authors and other book lov- ers will attend the Book Trails Din- ner. The North Texas Book Festival Book Awazds will be presented at the dinner. These awards recognize ex- cellence in books published by their authors and/or by small, independent publishers. Tickets to the dinner are '; $20 each and an order form may be printed from the Book Festival's website, www.ntbf.org. The fast festival was held in May 2001 on the Crystal Parking Lot of Texas Motor Speedway; the follow- ing yeaz, Southlake Town Center was the venue. In 2003, the festival moved to Denton and was held in the Denton Civic Center until 2007, when it moved toils current location,the Cen- I .ter for Visual Arts. 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'0 a� MC E 0_�>0_ {Q C = w ° =0 p I 0 0 a y E 0 C�.� � �-- Heavy Equipment at the Library... Every department in the City of Sanger joined the celebration on Saturday when the Sanger Public Library sponsored a "Truck Round -up". The Fire, Electric, Police and City trucks and equipment were on hand. It was part of the week long celebra- tion for National Library Week. It a .ice y.l,IV Of :s. , -, r r. I Of Vqt .� IV y. AT IRA Mo•.....� j tpr Re y F -, { wIN FRI It = K s _. CC AGENDA 05-09-08 April 30, 2008 Number 4 SPEAKER OF THE HOUSE CREATES YET ANOTHER COMMITTEE TO STUDY PROPERTY TAXES House Speaker Tom Craddick has announced the creation of the House Select Committee on Property Tax Relief and Appraisal Reform. The Speaker's office said the committee "will oversee all matters relating to property tax relief and reforming the property appraisal system." "The House is committed to doing everything it can to provide meaningful and responsible property tax relief to those who are strained by the burden of soaring taxes," Speaker Craddick said. "...I have full confidence that the members of this committee will come together and create a workable solution to this issue." The committee will review the sections of the Texas Constitution and the tax code that limit or authorize limiting the appraised value or increases in the appraised value of property for tax purposes. The committee will have thirteen members. Rep. John Otto (R-Dayton) will chair the committee, and Rep. Ken Paxton (R-McKimiey) will serve asvice-chair. The following information on each committee member includes the member's recent activities relating to property tax issues or other city -related legislation, and the member's votes on two key issues in 2005: one on appraisal caps (H.J.R. 35) and one on property tax revenue caps (H.B. 1006). (Note: there were no key House votes on either issue during the 2007 session.) `� C2! � : When you receive this TML Legislative Update, please make copies of it and distribute them to members of the governing body and to depart- ment heads as appropriate. TML sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for your help. f`uWshed by the texas f7lurs.lciltc€ League 1821 Rutherford Lane, Suite 400, Austin, Texas 78754.5128 o 512-231-7400, Fax 512-231-7490 o wwvr.lml.org Rep. John Otto (R-Daytonj- m 2007, filed a bill that would have relaxed the state's requirements for the accuracy of appraisals generated by central appraisal districts. (That bill passed the House but failed in the Senate.) Was a key player in the passage of the school finance reform legislation that passed in 2006. In 2005, voted against the TML position on both appraisal caps and properly tax revenue caps. Rep. Ken Paxton (R-McKinney3—in 2007, pushed for legislation that would have: (1) required cities to maintain detailed records of expenditures for communicating with legislators, and (2) required lobbyists who work for cities to keep detailed records of their activities. In 2005, voted against the TML position on both appraisal caps and property tax revenue caps. Rep. Drew Darby (R.-San An�eloi--wasn't in the legislature in 2005. Rep. Gary Elkins (R—Houston)--has actively opposed cities' use of red light cameras. h 2005, voted against the TML position on both appraisal caps and property tax revenue caps. Rep. Kino Flores (D-Palmview�--chairman of the House Licensing and Administrative Procedures Committee. In 2005, voted for the TML position on both appraisal caps and property tax revenue caps. Rep. Dan Flynn. (R-Van}—in 2005, voted against the TML position on both appraisal caps and property tax revenue caps. Rep. Dan Gattis (R-Georgetown}—in 2005, voted against the TML position on both appraisal caps and property tax revenue caps. Rep. Joe Heflin (D-Crosbyton}—is a former city official and county official. In 2007, won the TML Legislator -of -the -Year Award in the Texas House of Representatives. Sponsored and passed TML-backed legislation relating to mayoral vacancies. Wasn't in the legislature in 2005. Rep. Phil Kind (R-Weatherford}—chairman of the House .Regulated Industries Committee. Was the House sponsor of the 2005 cable competition legislation that created the statewide franchising scheme for cable television services. In 2005, voted against the TML position on both appraisal caps and property tax revenue caps. Rep. Tracy King (D-Batesville)—chairman of the Border and International Affairs Committee. In 2005, voted for the TML position on both appraisal caps and property tax revenue caps. Rep. Ruth Jones McClendon (D-San Antonio) ---chair of the Rules and Resolutions Committee. Former member of the San Antonio City Council. In 2005, voted for the TML position on both appraisal caps and property tax revenue caps. 2 Rep. Chente Ouintanilla (D-Tornillo)—in 2005, voted for the TML position on both appraisal caps and property tax revenue caps. Rep. Larry Taylor (R-Friendswood)—in 2005, voted against the TML position on appraisal caps and was absent for the vote on property tax revenue caps. Some members of the committee have already made public comments about their appointment. Rep. Otto said in a press release from the speaker's office that the "issue of property tax increases continues to frustrate property owners who feel the system is too subjective and unfair." Rep. Flynn told the Greenville Herald Banner that "property taxes are intolerable and unjust... despite billions of dollars in legislatively -approved property tax rate relief, local rates, appraisals, and bond debt continue to push property tax bills even higher." He Wed that "no one ever truly owns their home," because if a homeowner fails to pay a property tax bill, "the government can evict the homeowner and seize the property." Rep. Phil King said, "the property tax system is broken beyond repair. It should be methodically phased out through a dedication of state tax surplus and sales tax revenue. It is a barrier to home ownership and propels Texans into foreclosures." There are now four interim legislative committees studying appraisals and/or tag limitations. In addition to this new, select committee: • The House Committee on Appropriations is examining spending limit methodologies found among the various states as they impact state and local spending. • The House Committee on Local Government Ways and Means is studying numerous aspects of the system for appraising property for property tag purposes. • The Senate Committee on Finance has a Subcommittee on Property Appraisal and Revenue Caps, which has been charged to: (1) Review the property tag appraisal system, including the following: • The duties and responsibilities of chief appraiser and appraisal districts; • Any abuses that occur in the appraisal process, • The process of appointing the members of boards of directors of appraisal districts, • The impact of adding members to the boards of directors of appraisal districts who are not appointed by the taxing jurisdictions of the district and methods for appointing these additional directors; • The usefulness of information provided in a notice of appraised value; • The impact of HB 1010, 80a' Legislature, Regular Session, relating to appraisal districts crossing county lines; • Any benefit from requiring more uniformity in appraisal standards used by appraisal districts; • Any revisions to the property valuation appeal system that could reduce the cost of dispute resolution, • The likelihood of, and any associated benefit from, increased compliance with the existing business personal property rendition law if chief appraisers are given limited audit authority. (2) Study the benefits and limitations of %Y tag appraisal caps compared to a limit on revenue a local jurisdiction can receive without the approval of the voters in the locality. Consider alternative sources of funding to replace property tax revenues. The League will keep its members informed of the meetings and deliberations of these committees. Cities that are subject to the Family and Medical Leave Act (FMLA) (those that have at least SO employees) should be aware of recent federal legislation that expands leave benefits for certain employees who have family members in the military. On January 28, 2008, the United States Congress enacted the National Defense Authorization Act of FY 2008, which grants family and temporary medical leave for certain employees who have relatives in the military. This legislation amends the FMLA to grant employees who are eligible for leave under the FMLA up to 26 weeks of leave to care for a family member (spouse, child, parent, or next -of --kin) who is in the Armed Forces and who is undergoing medical treatment, recuperation, or therapy for a serious illness or injury. The legislation also allows eligible employees to take up to twelve weeks of FMLA leave for a "qualifying exigency" that arises because a family member (spouse, child, or parent) is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. The U.S. Department of Labor has published proposed rules implementing this legislation. The proposed rules can be found at: Lttp://www.dol.gov/esa/whd/finla/FedRegNPRM.pdf Please contact the TML Legal Department at (512) 231-7400 or legal(cr�,tml.org with questions. As part of the bill, the Governor's Division of Emergency Management is tasked with offering the training course or approving training offered by other entities. The division must "ensure that at least one course of training approved or provided by the division is available on videotape or a functionally similar and widely available medium at no cost." While the training deadline for some newly appointed city officials approaches, no such training video has been released by the Division of Emergency Management. Future editions of the TML Legislative Update will identify any training video when it is made available. ENERGY CONSERVATION -REQUIREMENTS FOR AFFECTED CITIES In 2001, the legislature enacted S.B. 5. The bill required reductions in energy use to help the state comply with federal Clean Air Act standards. It also required certain cities to establish a goal of reducing electric consumption by five percent each year for five years and to report their efforts and progress annually to the State Energy Conservation Office (SECO). In 2007, S.B. 12 and H.B. 3683 extended the timeline for reductions. Effective September 1, 2007, the bills require all "affected political subdivisions" to: (1) implement all cost-effective energy -efficiency measures, (2) establish a goal to reduce electricity consumption by five percent each year for six years; and (3) report efforts and progress annually to SECO. SECO is available to assist cities with energy conservation measures and has created a simple reporting form that may be submitted electronically. For detailed information on the above requirements, including whether a city is within the 41 affected counties that are subject to the law, please go to, http://wvwv.seco.cpa.state.tx.us/sb5 compliance.htm City officials may also contact Stephen Ross with the SECO at 512-463-1770 or Stephen.Ross@cpa.state.tx.us. As always, please contact the TML Legal Department with questions. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. 3 ¢' � €-& i 4 4 i i Ei � � i Sze + �' I � ?- 4 � i'i � � o z iB � � �StE, �. � � �_ 9 �; � r ➢ f L° G � � � 'J 3 a 8 `. n �3 r� i z €a: !; 'ti t' 1821 Rutherford lane, Suite 400, Austin, Texas 78754-5128 512-231-7400, Fax 512-231-7490 vrtirer.tml.org GASB EXPANDS ITS ROLE The Governmental Accounting Standards Board (GASB) has recently ramped up the development of standards that would influence the way in which local governments report on performance and service outcomes. For example, if a city plans on reporting that emergency response times have improved in the city over the past decade, new GASB standards may attempt to tell the city how to go about such reporting. City officials may well ask what that has to do with fmancial accounting. Good question: GASB is intended to be an organization that tells accountants and auditors how to do their jobs with respect to governmental finances. Somewhere along the way, though, GASB has expanded into other areas. Many organizations, including the Government Finance Officers Association (GFOA), have objected that performance and service standards are outside GASB's "jurisdiction." No matter: GASB's parent organization ruled in November 2006 that GASB may indeed branch out into the area of performance and service efforts and accomplishments (SEA). (It probably didn't hurt that GASB previously received grant money, in 1997, to do just that.) While GASB standards are not laws, cities can be negatively affected in two ways by the publication of an onerous GASB standard: (1) it's possible that states could enact legislation that mandates the new standard; or (2) as has happened with GASB 45 (post - employment benefits reporting), failure to follow GASB standards can lead to poor audits or lower credit ratings. There's some potential good news on the horizon, though. The National League of Cities (NLC) is participating in a joint program with the GFOA to develop alternative, voluntary service reporting guidelines that are intended to be less prescriptive than the path that GASB is expected to take. City officials with questions about the NLC/GFOA alternative to GASB SEA standards should contact NLC's Cathy Spain at spain@nlc.org, or at (202) 626-3123. EMERGENCY MANAGEMENT UPDATE: REQUIRED S.B. lI TRAINING The 2007 homeland security bill, S.B. 11, mandates that certain appointed public officers complete three hours of emergency management training. A detailed article relating to this training appeared in the June 20, 2007, edition of the TML Legislative Update and is available at http://www.tml.org/leg_updates/legis update062007b EMT.html. Under the bill, certain appointed public officers, including fire chiefs and some appointed emergency management personnel, are required to take the emergency management training. The training must be completed: (1) by January 1, 2009, for officers who took office before January 1, 2008; or (2) within 180 days of taking office for an officer who took office after January 1, 2008. E 4203 FM 455 West Sanger, Texas 76266 940-458 4750 Apri124, 2008 City Manager City of Sanger 201 Bolivar Street Sanger, Texas 76266 Dear Mike: Woods of Mission Timber and the Wednesday Study Club would like to thank you for your generous contribution to the Sanger Area Artists Directory. Your sponsorship of this directory has provided a way to create awareness about the immense talent in our area. An active display of this directory will give attention to the artists within the community in which we live and grow. In case you have not received a letter of Certification of Non -Profit from the Wednesday Study Club, a copy is enclosed for your records. Thank you again for your contribution and continued support. Sincerely, Gay Pugh Woods of Mission Timber 4203 FM 455 West Sanger, Texas 76266 (940) 4584750 www. woodsofinissio ntimber. co m Wood •Wood Products •Collectibles •Furniture •Jewelry •Art