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12/17/2007-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, DECEMBER 17, 2007 7*00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: December 3, 2007 -City Council b) Disbursements c) Approve Real Estate Contract with Sanger Independent School District d) Approve CodeRED and CodeRED Weather Warning Services Agreement e) Approve Appointing Three Members to Serve on the Board of Directors of the Sanger Cultural Education Facilities Finance Corporation 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Ordinance #12=49=07 - Amending the Code of Ordinances by Adding Section 13.1606 and 13.1607 to Provide for Waiver of Late Fees and Penalties and Extensions of Time for Payment of Utility Bills. 6. Information Items: (a) City of Sanger Investment Report (b) Chamber Investment Report (c) Library Monthly Report (d) Legislative Update 7. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code, Subchapter D, 551.087 Deliberation Regarding Economic Development. (a) Discussion on Economic Development with Tomlin Investments 8. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. 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 general public at all, times, and said Notice was posted on the following date and time: Da',,Inq r /3, ' 000) at LI; 66 p.m. and shall remain posted until meeting is adjourned. Rosalie Chave City of Sanget This notice wa by 'P5) i° d on at This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MIl�ILITES: City Council Meeting December 3, 2007 PRESENT: Mayor Joe Higgs, Councilman Mike Walker, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Andy Garza MEMBERS ABSENT: Councilman Thomas Muir OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Tami Taber Matt & Barbara Sonmerler, Billy Ezell, Amanda Silva 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order and led the invocation, followed by Councilman Walker leading the Pledge of Allegiance. 2. Citizen's 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. CONSENT AGENDA 3. (a) Approve Minutes: November 19, 2007 -Work Session November 19, 2007 - City Council (b) Disbursements (c) Approve Ordinance #12-47-07 -Establishing Dates and Times of Regular City Council Meetings Motion was made by Councilman Ervin to approve the consent agenda. Seconded by Councilman Walker. Motion carried unanimously. Caption as follows on Ordinance 12-47-07. ORDINANCE 12-47-07 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ESTABLISHING DATES AND TIlVIES OF REGULAR CITY COUNCIL MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE, 4. Consider any Items Removed from Consent Agenda. There were not any items to be discussed. 5. Consider and Possible Action on Ordinance #12-45-07 - Annexing the Following Properties, A. ABSTRACT 1241, H VIE RWESTER SURVEY, TRACT 359 BEING 2.251 ACRES B. ABSTRACT 1241, H TIERWESTER SURVEY, TRACT 9, BEING 37.760 ACRES C. ABSTRACT 801 WM, MASON SURVEY, TRACT 29,30, BEING 15.08 ACRES D. MARION POINT ACRES, BLOCK A, LOT 5 E. MARION POINT ACRES, BLOCK A, LOT 6 F. MARION POINT ACRES, BLOCK A, LOT 7 Mayor advised that when the motion is made to adopt the ordinance, properties D, E, and F need to be removed from the motion. Councilman Ervin expressed a concern regarding the other properties described in A, B, and C. He would like to see those properties pulled until a committee can be appointed to see how these properties will fit into the master plan. Councilman Ervin referenced page 45, under the maintenance of roads and drainage, indicating the city has 60 days to start maintenance. Councilman Patton also expressed the same concern and inquired as to how this would impact the City financially. City Manager advised the 60 days indicate the date the City will provide those services. This does not mean that the City has 60 days to begin repairs. It specifies the time frame when the road maintenance becomes the City's responsibility. Councilman Patton asked how many miles of asphalt and gravel road are we taking in with this annexation. City Manager advised there is a little piece on Lois and Belz and with this annexation the City is not annexing a huge liability. Discussion continued. City Manager advised that he can set a future workshop session to discuss future annexation policies. Councilman Ervin moved to adopt Ordinance 1245-07 and to strike Item D, E, and F. from the ordinance. Seconded by Councilman Patton. Motion carried unanimously. Caption as follows: ORDINANCE NO. 12-45-07 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HE, DESCRIBED PROPERTY WITHIN 1 ►.fall! . 0 k lawbuylinywo a 9 IA I -MAII I I It Oki 0 191 no rall )I I I oil ACTS AND ORDINANCES OF SAID CITY. 6. Information Items. (a) Letter from Rainbow Valley Agricultural Cooperative (b) Investment Report 7. Adjourn. COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special X Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes X Not Applicable X Yes ❑ Not Applicable Council Meeting Date: December 17, 2007 Submitted By$ Tami Taber City Manager Reviewed/Aj pr al Initials 14,, Date �3 Q ACTION REQUESTED ❑ ORDINANCE ❑ RESOLUTION # X APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Real Estate Contract with Sanger Independent School District. 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 List of Supporting Documents/Exhibits Attached: Real estate sales contract. Prior Action/Review by Council, Boards, Commissions or Other Agencies: REAL ESTATE SALES CONTRACT STATE OF TEXAS § § COUNTY OF DENTON § This Real Estate Sales Contract (the "Contract") is made by and between Sanger Independent School District ("Seller"), having its mailing address at P. O. Box 188, Sanger, Denton County, Texas, 76266-0188, and the City of Sanger, Texas ("Purchaser"), upon the terms and conditions set forth in this Contract. Article I. Purchase and Sale Subject to the terms and conditions set forth in this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, all of the following described property: (1) That certain parcel of land (the "Land") situated in Sanger, Texas, and more particularly described as the west 10' of Lot 1, Lot 2, the north 45' of Lot 3, the west 10' of the north 45' and the south 20' of the east 90' of the north 45' of Lot 4, Block 23, Original Town of Sanger Addition, an addition to the City of Sanger, Denton County, Texas; (2) All improvements located on the Land (the "Improvements"); and (3) All and singular the rights and appurtenances pertaining to the Land and Improvements (the "Appurtenances"). The Land, Improvements and Appurtenances shall hereinafter be collectively referred to herein as the "Property". The Property shall be conveyed by Seller to Purchaser subject to the Permitted Exceptions (as hereinafter defined) and as otherwise provided under this Contract. REAL ESTATE SALES CONTRACT -Page 1 21804 Article II. Purchase Price 2.01. Amount of Purchase Price. The purchase price (the "Purchase Price") for the Property shall be the sum of one hundred seventy thousand and no/100 Dollars ($170,000.00), which shall be paid by Purchaser to Seller at closing as provided herein. 2.02. Payment of Purchase Price. A. Independent Consideration. Notwithstanding anything in this Contract to the contrary, the amount of $100.00 will be paid to Seller upon execution of this Contract as independent consideration for Seller's performance under this Contract. B. Escrow. Kim Reed, Stewart Title Company, 2442 Lillian Miller, Denton, Texas 76205, Telephone 940-3204311, shall act as Escrow Agent. The Title Company is not: (1) responsible for the performance or non-performance of any party to this Contract; or (2) liable for interest on the funds except to the extent interest has been earned after the funds have been deposited in an interest bearing account. C. Definition of Good Funds. "Good Funds" means currently available funds, in United States dollars, paid in the form of a certified check, cashier's check, official bank check or wire transfer acceptable to the Title Company, such that the payment may not be stopped by the paying party. Any reference in this Contract to "cash" means Good Funds. D. Balance Due at Closing. The Purchase Price shall be payable in cash by Purchaser at the Closing. Article III. Conditions and Requirements 3.01. Preliminary Title Report. Within ten (10) days after the date hereof, Seller shall, at Seller's expense, cause the Title Company (hereinafter defined) to issue a preliminary title report (the "Title Report") covering the Property and accompanied by copies of all recorded documents relating to easements, rights -of --way, etc., affecting the Property (and referenced under the Title Report). Purchaser shall give Seller written notice ("Title Objection Notice") on or before the expiration of twenty (20) days after Purchaser receives the latter of the Survey and Title Report that the condition of title as set forth in the REAL ESTATE SALES CONTRACT -Page 2 Title Report is or is not satisfactory. In the event Purchaser states that the condition of title is not satisfactory, the Title Objection Notice shall specify Purchaser's objections to title, and Seller may, at Seller's option, elect to undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller chooses not to or is unable to eliminate all title objections within fifteen (15) days after Seller's receipt of written notice from Purchaser, Seller shall give Purchaser written notice to this effect, and Purchaser shall have three (3) business days after receipt of such notice from Seller to elect, in writing, either to (1) waive its objections and proceed to Closing or (2) extend the Closing Date for an additional period of time (not to exceed thirty (30) days) in order to provide Seller with additional time to cure such title objections. Any title matter that is shown on Schedule B of the Title Report to which Purchaser: (1) does not object in accordance with this Section 3.01 (2) is not required to object as provided below, or (3) objects as provided herein, but such objection is subsequently waived or deemed waived by Purchaser, shall be considered to be "Permitted Exceptions." It is the understanding of Seller and Purchaser that the Title Company will delete from the Title Policy (as defined herein): (1) the standard printed exceptions to the Title Report to the extent permitted by applicable law, and (2) all items shown on Schedule C of the Title Report, without the necessity of Purchaser objecting thereto under the Title Objection Notice, 3.02. Inspection Period Purchaser shall have ninety (90) days from the effective date hereof (the "Inspection Period") to conduct such physical, engineering, environmental and feasibility studies and inspections as Purchaser deems appropriate, subject to the exercise of reasonable care by the Purchaser to avoid unreasonable interference with Seller and any existing tenants of the Property (the "Tenants"), and to REAL ESTATE SALES CONTRACT - Page 3 21804 avoid causing any damage to the Property or its Improvements. During the Inspection Period, Purchaser and/or its agents shall, upon reasonable, prior notice to Seller, have the right to come upon the Property from time to time (during reasonable business hours) for the purpose of conducting such tests and inspections. Purchaser shall defend, indemnify and hold Seller harmless from and against any liabilities, claims, demands, actions, loss or damage to the Property incident to, resulting from or in any way arising out of any entry upon or inspection by or on behalf of Purchaser of the Property and, notwithstanding anything to the contrary in this Contract, such obligation to indemnify shall survive the Closing or any termination of this Contract. 3.03. Survey. Within thirty (30) days after the Effective Date hereof, Purchaser, at Purchaser's sole cost and expense (even if the Closing does not occur), shall have a survey (the "Survey") of the Property prepared by a duly licensed Texas Registered Public Land Surveyor. The Survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of --way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property other than what are listed on the Title Report and shall set forth a metes and bounds description of the Property. If the legal description contained in said Survey is different than the description stated herein, the closing documents shall be prepared in accordance with the legal description in said Survey. REAL ESTATE SALES CONTRACT -Page 4 21804 Article IV. Representations and Warranties of Seller Seller hereby represents and warrants to the Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date: (1) To Seller's current, actual knowledge, there is no pending or threatened condemnation or similar proceeding affecting the Property, or assessment affecting the Property or any part thereof, nor to the current, actual knowledge of Seller, is any such proceeding Property or assessment contemplated by any legal authority; (2) All rents, lease commissions, interest, insurance premiums, maintenance expenses, operating expenses, and ad valorem property taxes and/or assessments on the Property will be prorated at the Closing effective as of the date of the Closing, and Seller shall give a credit to Purchaser at the Closing; (3) Seller has, to its current, actual knowledge, complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (4) The Property is not subject to mandatory membership in an owners' association; (5) The Property is not located in a Texas Agricultural Development District; and, (6) Seller has disclosed to Purchaser any and all known conditions of a material nature with respect to the Property which may affect the health or safety of any occupant of the Property. Except as disclosed in writing by Seller to Purchaser, the Property has no known latent structural defects or construction defects of a material nature, and none of the improvements have been constructed with materials known to be a potential health hazard to the occupants of the Property, and the Property and improvements do not contain any hazardous materials other than lawful quantities properly stored in containers in compliance with law. (7) "Hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or REAL ESTATE SALES CONTRACT -Page 5 21804 hazardous substances as defined in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other Federal, State or local environmental law, ordinance, rule or regulation, whether existing as of the Effective Date or subsequently enacted. Article V. Closing The closing (the "Closing") shall be held at the office of the title company after objections to matters disclosed in the Commitment have been cured, on a date agreed to by the parties hereto ("Closing Date"). At the closing, Seller shall, (1) Subject to the terms of Article III above, deliver to Purchaser a duly executed and acknowledged general warranty deed in a form acceptable to Purchaser, conveying good and indefeasible fee simple title to the Property, free and clear of any and all liens, assessments, easements, security interests and other encumbrances except the Permitted Exceptions. (2) Cause the Title Company to deliver to Purchaser following the Closing, an Owner Policy of Title Insurance (Form T4) (the "Title Policy"), at Seller's sole expense, in the full amount of the Purchase Price and insuring good and indefeasible fee simple title to the Property in the name of Purchaser, subject only to the Permitted Exceptions, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions required to be contained in the Form T4 form of Owner Policy of Title Insurance, provided, however, that the exception as to the lien for taxes shall show all taxes paid for all prior years. At the Closing, Purchaser shall pay the Purchase Price, survey expense and such other closing expenses as are customarily paid by purchasers in similar transactions. Seller shall pay for the title policy and such other closing expenses as are customarily paid by Seller in similar transactions. Seller shall be responsible for all real property taxes and assessments of the Property which accrue up to the Closing Date and Purchaser shall be REAL ESTATE SALES CONTRACT -Page 6 21804 responsible for all real property taxes and assessments of the Property which accrue from and after the Closing Date. Article VI. Real Estate Commissions It is understood and agreed that no brokers were involved in the negotiation and consummatiWILL of this contract and no real estate commissions are due to any person as a result of this Contract. It is further understood and agreed that each party agrees to indemnify and hold harmless the other from and against any and all such claims or demands with respect to any brokerage fees or agents' commissions or other compensation asserted by any person, firm, or corporation in connection with this Contract or the transactions contemplated hereby insofar as any such claim or demand is based upon a contract or commitment of the indemnifying party. The Texas Real Estate License Act requires written notice to Purchaser that Purchaser should have an attorney examine an abstract of title to the Property or obtain a policy of title insurance. Notice to that effect is, therefore, hereby given to Purchaser. Article VII. Breach by Seller In the event Seller shall fail to fully and timely perform any material obligations hereunder or shall fail to consummate the sale of the Property in accordance with the provisions of this Contract for any reason, Purchasersubject to the terms and conditions herein, and as its sole remedy, enforce specific performance of this Contract. REAL ESTATE SALES CONTRACT -Page 7 21804 Article V1II. Breach by Purchaser In the event Purchaser shall fail to fully and timely perform any material obligations hereunder or shall fail to consummate the purchase of the Property in accordance with the provisions of this Contract for any reason, the Seller shall have the right to (1) reimbursement of expenses incurred by Seller, and/or (2) pursue a claim for specific performance of the Contract. Article IX. Special Provisions A. All non real estate items left on the Land will become the Purchaser's property upon possession after closing and funding. B. Damage or Destruction. All risk of loss to the Property will remain upon the Seller before the Closing. If, before the Closing, the Property is damaged or destroyed by fire or other casualty to a Material Extent (defined below), then Purchaser may either terminate this Contract by delivering a written termination notice to Seller within ten (10) days after the date the casualty occurred (and in the event before the Closing). If the Property is damaged by fire or other casualty to less than a Material Extent, the parties shall proceed to the Closing as provided in this Contract. If the transaction is to proceed to Closing, despite any damage or destruction, there will be no reduction in the Purchase Price and Seller shall do one of the following. (1) fully repair the damage before the Closing, at Seller's expense; (2) give a credit to Purchaser at the Closing for the entire cost of repairing the Property; or (3) assign to Purchaser all of Seller's right and interest in any insurance proceeds resulting from the damage or destruction, plus give a credit to Purchaser at the Closing in an amount equal to any deductible or other shortfall. The term "Material Extent" means damage or destruction where the cost of repair exceeds ten percent (10%) of the Purchase Price. If the extent of damage or the amount of insurance proceeds to be made available cannot be determined before the Closing Date, or the repairs cannot be completed before the Closing Date, either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty (30) days after the previously scheduled Closing Date. REAL ESTATE SALES CONTRACT -Page 8 21804 Article X. Miscellaneous 10.01. Assignment of Contract. This Contract may not be assigned by Purchaser without the prior written consent of the Seller. 10.02. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered, whether actually received or not, upon first attempted delivery (if hand delivered) or postmarked by the U. S. Postal Service, postage prepaid, registered or certified mail, return receipt requested, or sent by courier or Express Mail where evidence of delivery is retained, addressed to the parties at their respective addresses as set out in this Contract, or at such other address as specified by written notice delivered to the other party. 10.03. Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas, wherein exclusive venue of any action to enforce any provision hereof shall lie. 10.04. Parties bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Contract. 10.05. Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason by held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not effect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. REAL ESTATE SALES CONTRACT -Page 9 21804 10.06. Prior Agreements Superseded. This Contract and its attachments constitute the sole and only agreement of the parties and supersede any prior understandings or oral agreements between the parties respecting the subject matter. 10.07. Time of Essence. Time is of the essence in the performance of this Contract. 10.08. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the property examined by an attorney of Purchaser's own selection. 10.09 Property Sold As Is. PURCHASER REPRESENTS THAT AS OF THE CLOSING DATE, PURCHASER WILL HAVE FULLY INSPECTED THE PROPERTY, WILL HAVE MADE ALL INVESTIGATIONS AS IT DEEMS NECESSARY OR APPROPRIATE AND WILL BE RELYING SOLELY UPON ITS INSPECTION AND INVESTIGATION OF THE PROPERTY FOR ALL PURPOSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE DETERMINATION OF THE CONDITION OF THE SOILS, SUBSURFACE, DRAINAGE, SURFACE AND GROUNDWATER QUALITY, AND ALL OTHER PHYSICAL CHARACTERISTICS; AVAILABILITY AND ADEQUACY OF UTILITIES; COMPLIANCE WITH GOVERNMENTAL LAWS AND REGULATIONS; ACCESS; ENCROACHMENTS; ACREAGE AND OTHER SURVEY MATTERS; AND THE CHARACTER AND SUITABILITY OF THE PROPERTY. IN ADDITION, PURCHASER ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS BEING PURCHASED AND WILL BE CONVEYED "AS IS" AND "WHERE IS" AND WITH ALL FAULTS AND DEFECTS, WHETHER PATENT OR LATENT OR OTHERWISE. SELLER MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, STATEMENTS OR INFORMATION, EXPRESS OR IMPLIED, PERTAINING TO THE PROPERTY, ITS CONDITION, OR ANY OTHER MATTERS WHATSOEVER, MADE TO OR FURNISHED TO PURCHASER BY SELLER OR ANY EMPLOYEE OR AGENT OF SELLER, EXCEPT AS SPECIFICALLY SET FORTH IN THIS CONTRACT, REAL ESTATE SALES CONTRACT -Page 10 21804 Reservations from and Exceptions to Conveyance and Warranty The further covenant, consideration, and condition is that the following restrictions shall in all things be observed, followed and complied with: (a) The above described realty, or any part thereof, shall not be used in the operation of or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color, or national origin, regardless of whether such discrimination be affected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of or in conjunction with, any school, or other institution of learning, study or instruction, which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon the City of Sanger, or its successors and assigns for a period of fifty (50) years from the date hereof, and in case of violation of either or both of the above restrictions, the estate herein granted shall, without entry of suit, immediately revert to and vest in the Grantor herein and its successors, this instrument shall be null and void, and Grantor and its successors shall be entitled to immediate possession of such premises and the improvements thereon, and no act or omission upon the part of Grantor herein and its successors shall be a waiver of the operation or enforcement of such condition. The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together REAL ESTATE SALES CONTRACT -Page 11 21804 with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors, to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. 10.10 Effective Date of This Contract. References to the "effective date" of this Contract means the date on which both Seller and Purchaser have signed this Contract (including counterpart copies). lo.il Counterparts. This Contract may be executed in any number of counterparts, which together shall constitute a final Contract. In that event, the parties agree to exchange originals so that each will have a fully executed copy. 10.12 Determination of Time Periods. In calculating any period of time provided for in this Contract, unless otherwise provided herein to the contrary, the number of days allowed shall refer to calendar and not business days. If any day scheduled for performance of any obligation falls on a weekend or holiday observed by national banks in the United States, the day for performance shall be extended to the next business day. REAL ESTATE SALES CONTRACT -Page 12 21804 E: XECUTED by Purchaser and Seller on the dates shown below SELLER: SANGER DISTRICT By: Title: Date: STATE OF TEXAS COUNTY OF DENTON INDEPENDENT SCHOOL Before me, the undersigned Notary Public ofthe State of Texas, on this day personally appeared Joe Higgs, Mayor of the City of Sanger, Texas, a municipal corporation, who acknowledged that he executed the foregoing Release of Lien on behalf of said corporation. NOTARY PUBLIC My commission expires: REAL ESTATE SALES CONTRACT -Page 13 21804 PURCHASER: CITY OF SANGER, TEXAS 201 Bolivar Street Sanger, Texas 76266 By: JOE HIGGS, MAYOR Title: Date: STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned Notary Public of the State of Texas, on this day personally appeared Joe Higgs, Mayor of the City of Sanger, Texas, a municipal corporation, who acknowledged that he executed the foregoing Release of Lien on behalf of said corporation. NOTARY PUBLIC My commission expires: PURCHASER'S ATTORNEY IS: Robert L. Dillard, III NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, TX 75201 214-965-9900 Phone 214-965-0010 Fax REAL ESTATE SALES CONTRACT -Page 14 21804 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special X Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes X Not Applicable ❑ Yes X Not Applicable Council Meeting Date: December 17, 2007 Submitted By: Tami Taber for Mike Brice City Manager Reviewed/Approval X Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION # X APPROVAL ❑ CHANGE ORDER X AGREEMENT ❑ APPROVAL OF BID AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve CodeRED service agreement. 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 Recommend approval of agreement. List of Supporting Documents/Exhibits Attached: Service agreement. Prior Action/Review by Council, Boards, Commissions or Other Agencies: To: Mayor and Council From: Mike Brice, City Manager ®ate: 11/28/2007 Re: Cade Red and Code Red Weather Wam Following are the Contracts that need to be executed in order to start using Code Red and Weather Wam. 1 had previously sent you some information on these two products and I have included some information here as well. Code Red is a system thafi allows us to contact cifizens with emergency and non -emergency messages. It has the capacity to contact everyone in the database within minutes. It can be used to quickly deliver emergency information or just to notify you of water line repairs in your area. Calls can be targeted down to a specific address or area. The cost is $7500/year for 18,750 minutes. The number of minutes should be more than enough for our needs. There will also be an additional cost of $100/hr for importing our customer database into their system. However, this will provide us with a much more complete database than the commercially available one. Code Red Weather Wam (CRWW) is a completely separate product. CRWW sends out National Weather Service Warnings affecting the Sanger area to two phones of your choosing. You MUST choose to use this service. This is where it differs from Code Red. Who is called by Code Red is controlled by us. Who is called by CRWW is controlled by the individual. I believe CRWW will be an excellent service for people in the community who frequently work or recreate outside and want to closely monitor the weather. We will also utilize it internally to keep our public safety folks abreast of the weather. The cost of CRWW is $32501year. CRWW does not count toward our Code Red Minutes. We plan to complete training and implement both programs in January. 1 am asking that you approve the contract and authorize the City Manager to sign and execute it. Thank you for your consideration. i CODERED SERVICES AGREEMEN I Texas Municipal League Members This Services Agreement ("Agreement") is made and effective as of the last date written below by and between Emergency Communications Network, Inc. a Florida Corporation ("Licensor") located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and the CITY OF SANGER a body politic and corporate of the State of TEXAS ("Licensee") located at 201 BOLIVAR STREET ;ANGER TEXAS 76266. Licensor is the owner of a service identified as "CodeRED® Emergency Notification System" (The "Service"), which allows users to place prerecorded telephone calls at high speed to call recipients. Licensee desires to utilize the "Service" for the purpose of communicating matters of public interest and concern. Inconsideration of the promises set forth, the parties agree as fiollows: 1. License: Licensor grants Licensee a non-exclusive and nontransferable license to use the "Service" (hereinafter referred to as "The License") for Licensee's own purposes in accordance with the terms outlined in this Agreement. Licensee understands and agrees that they are fully responsible for the use of such services by anyone whom Licensee authorizes or permits to use the "Service", and anyone who accesses the "Service" by utilizing Licensee's Confidential access codes. a. The Licensee may not modify the "Service", disable any license or control features of the "Service." Licensee may not (i) assign, license, sublicense, rent, sell, transfer the "Service", this Agreement, or any portion thereof or (ii) utilize the "Service" except as expressly permitted in the Agreement between Licensee and Licensor. The License will include pass codes for up to irve 5 authorized "Service" users. Additional users pass codes may be obtained at an additional annual fee as outlined in Exhibit A. 2. Ownership: The "Service" is owned and copyrighted by Licensor. The Licensee's license confers no title or ownership in the "Service" whatsoever. S. Copyright: United States copyright laws and international treaty provisions protect the "Service". Except for the limited license provided, Licensor reserves all rights in and to the "Service" and all underlying data, compilations, and information maintained by Licensor relating to the "Service", including but not limited to, the source or object code. 4. Functionality: The "Service" provides the ability for the Licensee to access pre -defined geographically selected calling areas or fisted databases via an Internet -based software application. The "Service" also has the ability to select calling databases via a geographic mapping component. The Service will also utilize an interactive voice response telephone service used to record messages and initiate call out projects. The "Service" is designed to be active 24 hours per day 365 days per year. 5. Costs for The "Service": During the term of this Agreement Licensee agrees to pay all casts for utilizing the "Services as described in Exhibit A -Service Charges; attached to and made a part of this Agreement. Licensee will purchase prepaid "Service" (Prepaid System Minutes). Whenever Licensee utilizes the "Service" the actual calling minutes used by Licensor while utilizing the "Service"will be deducted from the balance of Prepaid System Minutes remaining in Licensee's Prepaid Minutes account. Licensee is responsible to maintain a sufficient balance of Prepaid System Minutes on account. Payment for the "Service" is due and payable upon receipt of invoice (ROI). Finance charges at a rate of 1 % per month (12% per annum) will be charged on all balances outstanding beyond 60 days. If a law which applies to this finance charge is interpreted so that the interest or other finance charges collected or to be collected in connection with this Agreement exceed the permitted limits, then (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) any sums already collected Emergency Communications Network, Inc Page 1 of 6 Initials CodeREDO Services Agreement Licensor. Licensee from Licensee which exceed permitted limits will be refunded to Licensee. All payments due under this Agreement shall be paid to: Emergency Communications Network, inc. at 9 Sunshine Blvd., Ormond Beach, FL 32174. 6, Free Minute Blocks: Licensee is a(loued free time on the system for the purpose of testing and training. The following must be met in order for Licensee to utilize the free minute bank specified in Exhibit A: a. Minutes wilt be deducted from Licensee's minute bank at the time of using the "Service". b. Licensee must notify Licensor in writing within 60 days of the use of the "Service" specifying qualified project(s) to obtain eligible free minutes and restoration of the deducted minutes into Licensee's minute bank. If Licensee fails to notify Licensor within 60 days of the use of the "Service", the minutes used will not be eligible for consideration as free minutes and will remain as a deduction from Licensee's minute bank as described above in paragraph 5. c. Any unused minutes remaining in these blocks are not transferable. d. Licensor will have the final right to deem all free calling minutes eligible or ineligible. 7. Tenn of Service Agreement: The License wilt extend for a period of one (1).year beginning on the last date this Agreement is signed by both Licensee and Licensor. On the date this Agreement terminates, Licensee will forfeit all Prepaid System Minutes remaining on account, 8. Contract Extension: Upon each annual anniversary of the effective date of this Agreement, the term of this Agreement will extend for additional one�year periods. This contract extension provision (the "extension provision") will continue to extend the contract period by one additional year annually. Either party may cancel this extension provision by submitting notice to the other no less than 30 days prior to the annual anniversary of the effective date of the Agreement. The activation of the extension provision will trigger the following events: a) Licensee's System Minute bank will be replenished to the original LEa.! 0 minute balance; b) Licensor will update its systems to extend the active software license and associated access codes for one additional year of use; c) Licensor will invoice Licensee for one additional year service extension at the rate of seven thousand rive hundred dollars Q 7,500). d) Licensee will be responsible for payment of the contract extension fee upon receipt of invoice from the Licensor. 9. Minute Bank Real feature: The parties recognize that Licensee may utilize the "Service" in a manner that results in the actual System Minute usage exceeding Licensee's active Prepaid Minute Bank. In the event using the "Service" completely exhausts Licensee's remaining Prepaid Minute Bank Licensor will immediately refill Licensee's Prepaid Minute Bank with a block of 1 875 System Minutes, and will invoice Licensee for this block of minutes at the Additional System Minute price as indicated in Exhibit A. Licensee will be responsible for payment of Additional System Minute blocks upon receipt of invoice from Licensor. Licensee agrees to purchase all such additional blocks of minutes as needed in order to maintain a positive Prepaid System Minute balance. The purpose of this refill feature is to ensure that calls being placed via the "Service" are not interrupted as the result of Licensee's depletion of their Prepaid Minute Bank. 10. Appropriate Use of The Service: To access the "Service" Licensor will provide Licensee with unique user names) and password(s). Licensee agrees to maintain such user name(S) and password(s) as private and confidential information. Licensee agrees to use the "Service" in a way that conforms with all applicable laws and regulations. Licensee specifically agrees not to make any attempt to gain unauthorized access to any of Licensor's systems or networks. Licensee agrees that Licensor shall not be responsible and liable for the content of the message(s) delivered by the "Service" on behalf of Licensee. Emergency Communications IVetwortc, Inc Page 2 of 6 Initials CodeftED� SenricesAgreement L(CenSOC Licensee rill. Security: Licensee understands that Internet communications are not secure, and may be subject to interception or loss. Licensee understands and acknowledges that Licensor is providing the "Service" on the World Wide Web through an "upstream" third party Internet Service Provider, utilizing public utility services. Licensor shall not be liable to Licensee in the event of any interruption of service or lack of presence on the Internet as a result of any disruption by the third party Internet Service Provider or public utility. In the event of any disruption of service, Licensor will use its best efforts to notify Licensee and to expedite resumption of service. 12. itJarranty: (a) licensee acknowledges that software in general is not error -free and agrees that the existence of such errors in software used in conjunction with the "Service" shall not constitute a breach of this License. (b) In the event thafi Licensee discovers a material error which substantially affects Licensee's use of the "Service" and notifies Licensor of the error, Licensor shall use reasonable measures to correct that part of the "Service" which does not so comply, provided that such non-compliance has not been caused by any modification, variation or addition to the "Service" not performed by Licensor, its agents or contractors, or caused by its incorrect use, abuse or corruption of the "Service" software, or by use of the "Service" with other software or on equipment with which it is incompatible. (c) Licensee is responsible for maintaining access to the Internet. Licensor in noway warrants Licensee's access to the Internet via Licensee's Internet Service Provider(s). 1S. Warranty Disclaimer: To the extent permitted by the applicable law, Licensor disclaims all other warranties with respect to the "Service", either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose. In no event (even should circumstances cause any or all of the exclusive remedies to fail of its/their essential purpose and even if Licensor has been advised of the possibility of such damages) shall Licensor be liable for any special, indirect, incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in contract, tort or otherwise), including, but not limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the existence, furnishing, function, or Licensee's use of any item of products or services provided for in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all claims relating to the "Service" provided by Licensor, in contract, tort or otherwise, shall not exceed that total amount paid by Licensee for the most recently purchased block of Prepaid System Minutes, 14. Indemnification: Licensee understands that Licensor does not res#riot the use of the "Service" by Licensee and therefore Licensee agrees that Licensor shall not be responsible and/or liable for the content of the message(s) created by Licensee delivered by the "Service" on behalf of Licensee. To the extent permitted by law Licensee agrees to defend, indemnify and hold harmless Licensor and its affiliates, employees and agents, including but not limited to Licensors exclusive sales agent, The Broadcast Team, Inc., from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, arising from any violation of this Agreement by Licensee or those who access the "Service" through Licensee's account, or the use of the "Service" or the placement or transmission of any message, information or other materials by Licensee or by those who have access to the "Service" through Licensee's account. Licensee shall be responsible for compliance with all applicable laws regarding outbound telemarketing, which may include, but are not limited to the Federal Telephone Consumer Protection Act of 19913 The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations promulgated thereunder, as well as State and Local telemarketing laws and requirements. Licensee shall, to the extent permitted by law, defend, indemnify and hold Licensor harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such laws. Licensee will be solely responsible and liable for any such violations. The provision of this Article shall survive termination of this Agreement. Emergency Communications Network, Inc Page 3 of 6 Initials CodeF2ED® Services Agreement LICenSOr Licensee 15, Nan -Disclosure: (a) Licensee acknowledges and agrees that in providing the "Service", Licensor may disclose to Licensee certain confidential, proprietary trade secret information of Licensor ("Confidential Information'). Confidential Information may include, but is not limited to, the "Service", computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information or business plans. During this Agreement and for a period of five (5) years thereafter, Licensee agrees that it will not, without the express prior written consent of Licensor, disclose any Confidential Information or any part thereof to any third party. At the termination of this Agreement, Licensee will cease utilizing the "Service" and will return all Confidential Information to Licensor unless Licensee renews the "Service" as outlined in this Agreement. Nothing in this Agreement will be deemed to prohibit the disclosure of any information in response to a subpoena or other similar order by a court or agency with jurisdiction to issue it relevant to the resolution of any dispute between the parties. The Licensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any request under the Public Information Act or any other similar law. The Licensee will cooperate with the Licensor In defending against disclosure of any confidential information under any such subpoena, order or request. (b) Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the "Service" or any software provided. 16. Termination: Licensee may terminate this Agreement by notifying the Licensor in writing no less than 30 days in advance of desired termination. Licensee will return all Confidential Information and copies to Licensor. Licensee will forfeit all Pre -Maid System Minutes upon termination of this Agreement. Licensee understands that Licensor reserves the right to terminate Licensee's account at any time for reasons including, but not limited to, failure to abide by the terms of this Agreement or failure to pay any fees or charges when due. In the event that Licensor terminates this Agreement for reasons other than Licensee's failure to abide by this Agreement, Licensor will refund to Licensee. an amount equal to the balance of Prepaid System Minutes in Licensee's account. Upon termination, Licensee agrees to remove from Licensee's computer(s) any files related to the "Service". 17. Merger: This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Only a further writing that is duly executed by both parties may modify this Agreement. [$, Confidential Data: Licensor agrees that in view of the confidential nature of Licensee supplied data and files that it is to prepare, process or maintain under this Agreement, it will perform its duties in such a manner as to prevent the disclosure to any persons not employed by Licensor of any such data and files unless Licensor and Licensee mutually agree in writing otherwise. 19. Integrity of Data: Licensor cannot guarantee the integrity of any Licensee supplied data. As suchI any errors, duplications, or inaccuracies related to Licensee supplied data will ultimately reside with Licensee. 20. Notices: All notices or requests, demands and other communications hereunder shall be addressed to the parties as follows: As to Licensor: Emergency Communications Network, Inc. 9 Sunshine Blvd. Ormond Beach, FL 32'(74 AS to Licensee: City of Sanger Attn: Mike Brice/Cittr Manager, 209 Bolivar Street, Sanger. TX �6Z66 Emergency Communications Network, Inc Page 4 of 6 Codef2Eb� 8erviceS Rgreement Initials Licensor Licensee 21. General: Each party to this Agreement agrees that any dispute arising under this Agreement shall be submitted to binding arbitration according to the rules and regulations of the American Arbitration Association. If any dispute arises the prevailing party shall be entitled to the costs and attorneys fees from the losing party for enforcement of any right included in this Agreement, both a Court of first jurisdiction and all Courts of Appeal. 2I Texas iVlunicipal League: By executing this Agreement the Licensee authen#icates their good standing membership with the Texas Municipal League (TML). Licensee understands that TML may receive a portion of the proceeds from this Agreement (in the form of a royalty paid directly from ECN to support TML) at no cost to Licensee. IN WItNESS WHEREC?F, the parties execute this Agreement on the dates) indicated below. Licensee: City of San_ner, Texas By: printed Name: Title: Date: licensor: Emergency Communications Network, Inc. By: printed Name: Title: date: David DiGiacomo Vice president Emergency Gommunica#ions Network, Inc page 5 of 6 CodeRED® Services Agreement Initials Licensor Licensee Exhibit A — Service Charges Initial block purchases) of Prepaid System Minutes: Qne (1) year CodeRED Service Agreement 18,750 CodeREtO System Minutes Additional System Minutes 500 minutes far testing and training Up to 5 CodeRED user pass codes Initial residential Database Upload One (1) CodeRED distance training session $ included $ 7,500.00 $ 0.40 per minute $ No Charge (see paragraph 6) $ Included $ No Charcte $ No Charge Total:. $7,500.00 System usage will be charged against Prepaid System Minutes air actual minutes of time connected while delivering prerecorded System calls. All calls will be billed in 6- second increments. Only connected calls (live connections, answering machine connections and fax tone connections) will result in connection charges being incurred. Additional Pass codes may be purchased for an annual fee of $150.00 per pass code. Database Accuracy Updates Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population maintained by Licensor under this Agreement undergoes periodic accuracy checks using the Licensor's most current in-house compiled database including, but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to maintain database accuracy and request updates from the Licensor. One annual "Database Accuracy Update" will be performed by the Licensor upon request by the Licensee at no charge. Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by Licensor. 2.5� per record in final updated database population. Licensee Supplied Database: A service tabor fee of One Hundred Dollars ($100.00) per hour will be billed to Licensee for any data importing, manipulating, and loading any database supplied by Licensee or on Licensee's behalf to Licensor. $ 100, per hour for database maintenance Annual System IVlaintenance, includ'ng all Spftware Upgrades Emergency Communications Network, Inc Page 6 of 6 CodeRED® Services Agreemeht $ No Charge Initials Licensor Licensee CodeRED® Weather Warning Service Addendum This is an Addendum to the CodeRED Services Agreement ("Agreement") entered into by and between City of Sanger a body politic of the State of Texas ("Licensee') located at 201 Bolivar Street, Sanger, TX 76266 (hereinafter "Licensee) and Emergency Communications Network, Inc. (hereinafter "Licensoru). in consideration of the promises set forth herein and outlined in the Agreement, Licensee and Licensor agree to amend the CodeRED Services Agreement in the following manner: 1. The following terms shall be added to the original CodeRED Service Agreement: CodeRED® Weather Warning Service: L'[censor's CodeRED Weather Warning Service (CRWW) expands the benefits of the CodeRED service to include the automatic launching of )rerecorded Weather Warning calkout projects to Licensee approved subscribers. These automated call -outs are initiated by the issuance of a Severe Weather Bulletin by the National Weather Service (NWS), with no intervention on the part of Licensee or Licensor. Call recipients are determined by matching the geographic locations associated with a database of opt -in subscribers against the geographic polygon(s) associated with Severe Weather Warnings issued by NWS. CRWW Terms of Use: Subscribers: Severe weather events can occur at any time of day or night. Accordingly, CRWW calls will automatically be launched in response to the issuance of NWS Bulletins at any time, 24 hours/day. Unlike the CodeRED service which is pre -populated with calling data for residential and business telephones, the CRWW service targets the telephone numbers of ONLY those households and business that have CHOSEN to participate through an opt4n process. Residents and businesses within City of Sanger, TX wish to receive the CRWW calls can add their name and geographic location to the CRWW subscriber database via the Licensee's CodeRED Residential Update Website. This site is hosted by Licensor for the purposes of allowing citizens to add their contact information to both the CodeRED database and the CRWW database via the Internet. Subscribers shall be subject to the terms and conditions of the CRWW service, which can be reviewed at: htto:/ v coderedweb.c;oW eredda entryftemis.cfrn. ONLY THOSE CITIZENS WHO OPT -IN TO THE CRWW SERVICE WILL BE ELIGIBLE TO RECEIVE WEATHER WARNING CALLS, LICENSEE MUST APPROVE ALL SUBSCRIBER ENTRIES PRIOR TO THEIR BEING ACTIVATED AND ENTERED INTO THE CALLING DATABASE. All subscriber data is the sole and exclusive property of Licensor. Limits on Calling Database: Citizens are allowed to enter up to two (2) telephone contact numbers for each CRWW address. Only addresses falling within the geography covered under the CodeRED Services Agreement are eligible to receive CRWW calls. Licensee is responsible for removing subscriber addresses that fall outside of their covered municipality prior to approving records via the on-line Residential Update approval process. CodeRED Minute dank Balance: Calls placed automatically via the CRWW Service have no effect on the minute bank balance associated with the CodeRED Service. The additional fees (described below) for the CRWW Service include all minutes used in the delivery of all warning calls made during the term of this agreement. LicensThe CRWW Service is available ilable only as an add -on service module for Licensees of the CodeRED Service. The CRWW service license will not be provided under the terms of this agreement unless a current active Standard CodeRed. Services agreement is !n effect. COST FOR CRWW: Licensee shall pay to Licensor three thousand two hundred and fifty for the initial term of the Agreement. Thereafter Licensee shall pay three undred and fifthdollars ($3,250) for each successive term of the Agreement. Payment terms shaii be identical to the terms contaned in the original Agreement for the CodeRED Service. Pricing for CRWW is separate and independent from CodeRED Service Agreement pricing, and the CRWW service can be removed from the CodeRED Service by Licensee at the time of annual renewal with 30 days notice. Licensee will be notified of any price change for CRWW a minimum of 90 days in advance of annual renewal date. i TERM: The term of the CRWW Agreement shall commence as of the effective date of Licensee's CodeRED Services Agreement and shell be for so long as Licensee maintains an active CodeRED Services Agreement and has paid the appropriate fees listed above. Upon termination of the CodeRED Services Agreement, access to the CRWW system will terminate and Licensor shall terminate all individual subscriber accounts. 2. All other terms and conditions shall remain in force and effect for the term of the Agreement. EMERGENCY COMMUNICATIONS NETWORK Licensor By: Name: David DiGiacomo Title: Vice President Date: CITY OF BANGER. TEXAS Licensee RY� Name. Title: to: ` -` + z �- r" TJ FILL t'a ACT A, fer � ''. q fx - f 11 t �'- � f "'"''1 I- re TIFF�'F. d� 4 I CIA At Arre I CIVIC if mIon �� r Fr I it I All � �L tt CIA I AlirS, ','-. 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Darr► �' t e"r?j� A AN is �1/%ter SMO Alec + FlondSr II 5 - - -` VIA •,Tidal Surges ;.'Ctidshde' [ anc�eraus tivater �ondrtrorts, � ranches IN t It r *terrorism il�reatsCIL Lel~' + N a l 70 r 1 lazarJs * .Nmerle-t7Q ILL ill* BrnbTlreats * H�ia e situations L,r.0 It, * t3 p Tetrorisi ;Ti�reafsIF * _C�rrricalpols �lw ! �li alb r * t lis inAla.g <1 Rdren . Rrir ki:�q,!rVater * ,l'vltssin�. lderl +, ` for tarmation Missing ttisabe *•Viral tlrufbreaks ,A AN!� Evacuation �lotices L1tilCty outage., VIA I * IN IN tivacuation R(i4 teS Itre � to inc s' tllali I�QCIIF fIC!t�fi5 rti,rt: Pr �ner Is e yslarr<ing k Rapid Interne! 'ji; Neighborhood Cnme thatch C6rbI nieation � a • Support' 4 Rapid Clieiit Notification - w SeX(IaC p�IrLI. r:Alert ,± FoI I 'IF INr t�c�re infc�rrn tioIN 1 n0 fall (_48;' - Sunstj(r�e va Raulerd� t�1. rr7anr# BacPy9 74 VC 1 It j \,wIN vw. mP..r)eneycamrAII fefi7rc ti.net IN i vuv4u. C o'd eR E [7 Gush. ccj m COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special R Consent Reviewed by Finance I R Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Lj Yes ❑x Not Applicable Yes ❑x Not Applicable Council Meeting Date: December 17, 2007 Submitted By: Tami Taber for Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ ORDINANCE # ❑ RESOLUTION # Q APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Appointing Three Members to Serve on the Board of Directors of the Sanger Cultural Education Facilities Finance Corporation. 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 Resolution #11.1 &07 was approved by the Council on November 19, 2007. The Articles of Incorporation require that three members be appointed as Board of Directors. STAFF OPTIONS & RECOMMENDATION City Manager recommends appointing Richard Muir, Jeff Springer and Russell Martin. List of Supporting Documents/Exhibits Attached: Articles of Incorporation. Prior Action/Review by Council, Boards, Commissions or Other Agencies: Resolution #114 &07 passed on November 19, 2007. ILI♦;SOLTTTION t� 11-18 - 0 7 RESOLUTION AU'l'HORIZING AND APPROVING THE CREATION OF SANGER CULL EDUCATION FACILITIES FINANCE CORPORATION; APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS TI�REOF; APPOINTING THE INITIAL DIRECTORS THEREOF; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBTECT WHEREAS, the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Annotated Texas Civil Staiutes, as.amended (the "Act"), authorizes the City of Sanger, Texas (the "City") to create and organize a public nonprofit._cultural education facilities corporations to act as its duly constituted authority and instrumentaliiy to develop new anal expanded cultural and community facilities by (i) acquiring, constructing, providing, improving, financing and refinancing "cultural facilities" (as defined in the Act) to accomplish the public purposes stated in the Aot, (ii) acting on behalf of the City and as its duly constituted authority and instrumentality to exercise the powers granted to a higher education authority under the provisions of Chapter 53A, Texas Education Code, as amended, (iii) acquiring, constructing, providing, improving, financing, and refinancing health facilities to assist the maintenance of the public health pursuant to`applicab�e grtvisions of Chapter 221 'of tho Texas Health, anal Safety Cady, and (iu) issuing and executing bonds, notes or other obligations to loan or otherwise provide funds to borrowers to enable such borrowers to acquire, construct, enlarge, extend, repair, renovate, or otherwise improve facilities in accordance with the Act, or for acquiring land to be used for those purposes, or to create operating and debt service reserves for and to pay issuance casts related to the bonds, notes or other obligations; and WHEREAS, in order to promote and carry out the public purposes set forth in the Act, the City Council of the City has determined that it is in the best interest of the City, its residents and the public to authorize and approve the creation of the Sanger Cultural Education Facilities Finance Corporation (the "Corporation"), to approve the Articles of Incorporation and bylaws of the Corporation, and to appoint the initial Board of Directors of the Corporation; WHEREAS, the Act provides that (i) the authority of the Corporation may be exercised inside or autside the limits of the Gity if the City is located in a county with a population of more than 400,000 and (ii) the authority may be exercised without the consent or other action of any person that would otherwise be required under Chapter 221, Health and Safety Code, or Chapter 53A, Education Code, unless the articles of incorporation or bylaws of the corporation pr-ovide differently; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: Section l.. The City Council of the Gity hereby finds, determines, recites and declares that it is i_n the best interest of the City, its residents and the public to create the Corporation as a cultural education facilities finance corporation which has the powers, authority and rights (with respect to cultural facilities and health facilities) of a health facilities development corporation created and organized pursuant to Chapter 221, Texas Health and Safety Code, as amended, and (with respect to educational facilities, housing facilities, and other facilities incidental, HOU��73�8_I subordinate, or related to those facilities) of a nonprofit corporation created and organized pursuant to Section 53.35(b), Texas Education Code, as amended. Section 2. The City Council of the City hereby approves the Articles of Incorporation of the Corporation in substantially the form attached hereto as Exhibit "A," and authorizes the incorporators of the Corporation to file an original and two copies of such Articles of Incorporation and a certified copy of this resolution with the Secretary of State of the State of Texas. � The City Council of the City hereby approves the initial Bylaws of the Corporation in substantially the form attached hereto as Exhibit "B," and authorizes and directs the Board of Directors to adopt such Bylaws. Section 3. The City Council of the City hereby appoints the following persons (each of whom is at least eighteen (18) years of age),' to serve as the members of the initial Board of Directors of the Corporation: Richard Muir Jeff Springer Russell Martin Section 4. The City Council of the City hereby finds, determines, recites and declares that�the creation and organization of the Corporation will serve a valid public purpose within the City and within the State of Texas by developing and expanding cultural and community facilities as contemplated by the Act. Section 5. The City Council of the City hereby authorizes the City staff and its appointees to do any and all things necessary or convenient under State or Federal law in connection with the creation of the Corporation and to assist to any extent which will not incur liability in the issuance by the Corporation of bonds for the purposes of financing and refinancing cultural and community facilities as contemplated by the Act, including the publication of notice of and holding of hearings in connection therewith. Section 6. The City Council of the City hereby finds, determines, recites and declares that, notwithstanding that the Corporation shall be a duly constituted authority of the City, it is not intended to be nor shall it ever be deemed to be a political subdivision or municipal or political corporation of the State of Texas within the meaning of any Constitutional or statutory provision, including without limitation, Article III, Section 52 and Article XI, Section 3 of the Texas Constitution. Section 7. The City Council of the City hereby finds, determines, recites and declares that to the extent provided for in the Act, the authority of the Corporation may be exercised without the consent or other action of any person that would otherwise be required under Chapter 221, Texas Health and Safety Code, or Chapter 53, Texas Education Code; Section 8. The City Council of the City hereby finds, determines, recites and declares that the obligations of the Corporation shall not be deemed an indebtedness, liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas, the City or any other political subdivision or governmental unit, nor shall such obligations 2 HOU:2744308.1 constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, or an agreement, obligation or indebtedness of the City or the State of Texas within the meaning of any constitutional or statutory provision whatsoever. Section 9. The City Council of the City hereby declares that it is the purpose, intent and desire of the City in approving the creation of the Corporation and its Articles of Incorporation and Bylaws, that such actions comply with the requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations and Internal Revenue Service rulings promulgated thereunder, including, without limitation, Section 1.103-1 of the Treasury Regulations and the rulings issued pursuant thereto, to the end that the Corporation shall.be deemed to be a duly constituted authority acting on behalf of the City pursuant to the Act and that any bonds, notes or other obligations issued by the Corporation shall be considered issued on behalf of the City by a duly constituted authority of the City empowered to issue such bonds, notes or other obligations. Section lO.The City Council of the City has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting and of the subject of this resolution was posted for at least seventy-two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public as required by law; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. The City Council of the City further ratifies, approves and confirms such written notice and the contents and posting thereof. 3 HOU:2744308.1 PASSED AND APPROVED this 19th day of November, 2007. ATTEST: Secreta��'�.� r" � .� ,. -, � . � �. �hrnu��u� 0 HOU2744308.1 EXIIlBIT "A" Articles of Ineorporation HOU:2744308.1 ARTICLES OF INCORPORATION OF BANGER CULTURAL EDUCATION FACILITIES FINANCE CORPORATION We, the undersigned naiural persons, each of whom is at least eighteen (18) years of age and a resident of the City of Sanger, Texas (the "City") acting as incorporators of a corporation udder the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), do hereby adopt the following Articles of Incorporation for such Corporation: ARTICLE I The name of the Corporation is Sanger Cultural Education Facilities Finance Corporation. ARTICLE II The Corporation is a nonprofit public corporation. :: Yi___ 11I The duration of the Corporation shall be perpetual. ARTICLE IV The purposes of the Corporation are (i) to acquire, construct, provide, improve, finance and refinance cultural facilities to accomplish the public purposes stated in the Act, (ii) to act on behalf of the City and as its duly constituted authority and instrumentality to exercise the powers granted under the provisions of Chapter 53A, Texas Education Code, to a higher education authority created under Section S3A.11, 'Texas Education Code, and a nonprofit corporation created under Section 53A.35(b), Texas Education Code, (iii) to acquire, construct, provide, improve, finance, and refinance health facilities to assist the maintenance of the public health pursuant fo applicable pravisxo�s of Chapter 22l bf the Texas l�e�lih and Safety CAde, and (iv) to issue and execute bonds, notes or other obligations to loan or otherwise provide funds to borrowers to enable such borrowers to acquire, construct, enlarge, extend, repair, renovate, or otherwise improve facilities i#i accordance with the Act, or for acquiring land to be used for those purposes, or to create operating and debt service reserves for and to pay issuance costs related to the bonds, notes or other obligations. ARTICLE V The Carporation has no members and is a nonstock corporation, HOU:2?44309.# ARTICLE VI A. The Corporation shall have and possess all powers, author7ty and 17ghts conferred by the laws of the State of Texas on public nonprofit corporations created under the Act, including: (i) with respect to culiural facilities and health facilities, all powers, auihority and 77ghts that a health facilities development corporation has with respect to health facilities under Chapter 2�1, Texas Health and Safety Code; (ii) with respect to educational facilities, housing facilities, and other facilities incidental, subordinate, or related to those facilities, all powers, authority and ixghts that a nonprofit corporation created under Section 53A.3�(b), Texas Education Code, or an authority created under Section 53A.11, Texas Education Code, has under Chapter 53A, Texas Education Code; (iii) the power to acquire, purchase, lease, mortgage, and convey property with respect to a facility; (iv) the power to barrow money by issuing bonds, notes, and other obligations; (v) the power to lend money for its corporate purposes; (vi) the power to invest and reinvest its funds; (vii) the power to secure its bonds, notes, and obligations by mortgaging, pledging, assigning, ar otherwise encumbering its property or assets; and (viii) the rights and powers of a corporation organised under the Texas Nonw Profit Corporation Act (Article 1396-i.01 et seq., Vernon's Texas Civil Statutes), except as otherwise provided by the Act. B. All powers of the Corporation shall be vested in a Board of Directors. Other Than the initial Directors named herein, each Director shall be appointed by written order of the City Council of the City. Directors shall serve for terms of two (2) years or until his or her successor is appointed and qualified; provided, however, that any Director may be removed from office at any time, for cause or at will, by wl7tten order of the City' Council of the City. C. These Articles of Incorporation may be amended at any time and from time to time by the Board of Directors with the approval of the City Council of the City, or by written order of the City Council of the City, in its sole discretion, subject, however, to limitations on the impairment of contracts entered into by the Corporation, aft under and in accordance with the Act. D. All other matters pertaining to the internal affairs of the Corporation shall be governed by the bylaws of the Corporation, so long as such bylaws are not inconsistent with these Articles of Incorporation, the Act, or any other law of the State of Texas. 2 H©U:2744309.1 l ARTICLE VII The street address of the initial registered office of the Corporation is P. O. Box 1729, Sanger, Texas 76266 and the name of its initial registered agent at such address is Mike Brice. ARTICLE VIII The number of Directors constituting the initial Board of Directors of the Corporation is three (3). The names and addresses of the members of the initial Board of Directors are: NAME Richard Muir Jeff Springer Russell Martin ADDRESS P. O. Box 1729 Sanger, Texas 76266 P. O. Box 1729 Sanger, Texas 76266 P. O. Box 1729 Sanger, Texas 76266 ARTICLE IX The names and street addresses of the incorporator is: NAME ADDRESS Hoang T. Vu 600 Travis, Suite 4200 Houston, Texas 7 7002 ARTICLE X The name of the Corporation's sponsoring entity is the City of Sanger, Texas. The address of the Corporation's sponsoring entity is P. O. Box 1729, Sanger, Texas 76266. The City Council of the City of Sanger, by resolution adopted on November 19, 2007, has specifically authorized the Corporation to act on its behalf to further the public purposes stated in such resolution and set forth herein, and has approved these Articles of Incorporation. ARTICLE XI If the Corporation ever should be dissolved when it has, or is entitled to, any interest iri any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be given or transferred to private ownership but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of debts and claims have been made. 3 HOU:2744309.1 COUNCIL AGENDA ITEM AGENDA TYPE X Regular ❑ Special ❑ Consent Reviewed by Finance Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes X Not Applicable X Yes Not Applicable Council Meeting Date: December 17, 2007 Submitted By: Tami Taber 0011 City Manager Reviewed/Approval Initials �/,3 Date ACTION REQUESTED: X ORDINANCE #1249-07 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #12-49-07 — Amending the Code of Ordinances by Adding Section 13.1606 and 13.1607 to Provide for Waiver of Late Fees and Penalties and Extensions of Time for Payment of Utility Bills 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 See memo from City Manager. List of Supporting Documents/Exhibits Attached: See memo from City Manager, Prior Action/Review by Council, Boards, Commissions or Other Agencies: To: Mayor and Council from: Mike Brice, City Manager te: 12/5/2007 e: Utility Billing Issues I am requesting that you amend our utility billing procedures to address waiving of late fees and granting of extensions. Until now, these decisions have been made by staff without any expressed authority to do so. While there is a need to both waive late fees and extend grace periods, there has not been a consistent system in place. Further, there has not been any check and balance system in place to ensure consistency. Adding this language will give us the flexibility we need to assist our customers while providing a consistent policy. It will also create some internal controls #o ensure the policy is being followed. Thank You for Your consideration of this Matter. 1 NICHOL,S, JACKSON, DILLARD, HAGER &SMITH, L.L.P. Robert L. Dillard, III >, Email: rdilard@njdhs.com Tami Taber City of Sanger 201 Bolivar Street P.O. Box 1729 Sanger, Texas 76266 Attorneys &Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax(214)965-0010 E-mail NJDHS @NJDHS.com December 10, 2007 RE: O�c�znances a»zending Section I3.1600 —Utility Billzng Dear Tami: ROBERT L. DILLARD, JR. (1913-2000) H. LOUIS NICNOLS LAWRENCE W. JACKSON OF COUNSEL Enclosed please find the original of the ordinance you requested with regard to utility billing. I have signed it to approve it as to form. Please let me know if there are any questions, or if there are any changes or corrections necessary in the form of this ordinance. RLD/rnew Enclosure ,. Very truly yours, OLS, JACKSON, DILLARD, �H� GER �SIhv1�TH�L�,.I� Robert L. Dillard, III 22911 CITY OF SANGER, TEXAS ORDINANCE No. 12 - 4 9 - 0 7 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF SANGER, BY ADDING SECTION 13,1606 AND 13.1607 TO PROVIDE FOR WAIVER OF LATE FEES AND PENALTIES AND EXTENSIONS OF TIME FOR PAYMENT OF UTILITY BILLS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Sanger, Texas that: Section 1. That Article 13.1600 of the Code of Ordinances, City of Sanger, Denton County, Texas, "Utility Billing Procedures", is amended by adding Sections 13.1606 and 13.1607 to read as follows: "Section 13.1606 Waiver of Late Fees and Penalties. Late fees shall not be waived for any individual customer more than once in any twelve month period without the express permission of the City Manager. The City Manager shall review a waiver list each month. Section 13.1607 Extensions of Time for Payment of Utility Bills (a) Extensions of time for the payment of utility bills shall not be granted more than twice in any twelve month period without the express permission of the City Manager. No extension shall be granted for longer than five days without the express permission of the City Manager, provided that extensions for senior citizens and disabled customers, if requested, can be granted up to the third day of the following month. The City Manager shall review an extension list each month." Section 2. This ordinance shall become from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Sanger, Texas, on the day of 2007. APPROVED: JOE HIGGS, MAYOR ATTEST: ROSALIE CHAVEZ, CITY SECRETARY OVED AS CITY ATTORNEY (RLD/ 12/ 10/07)(22909) CITY OF SANGER, TEXAS ORDINANCE No. 12-49-07 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF SANGER, BY ADDING SECTION 13,1606 AND 13.1607 TO PROVIDE FOR WAIVER OF LATE FEES AND PENALTIES AND EXTENSIONS OF TIME FOR PAYMENT OF UTILITY BILLS, AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Sanger, Texas, on the day of 2007. APPROVED: ATTEST: CITY, SECRETARY (D 'vmoo" ON) Nwr'00NNN—=0 n w o-nTl0Qopr�ao0`n000c0) cn m 0 Cl) Wool 50ammoomm ym lr-r�-�N�O�(co 50 N9-I�Ro� .p � 0 cn 0 K 0004 . W W K��ccoo --iCiNN)K)0) N N tQ W( y A (A (O W� N � tD Np O (Yl � N W 0) N p N) N W 00 00 O (D 00 ~ W (Oj� N (D v (YI OD ¢1 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p m W Op .ON p .OA W W W W 20 200009 N O N (O 0 W O �l m .P O �l 0 W W� 0 0� Crl 000 0 0 v �w4crncri0w0 WNcn4 4ww�c,,� 00 -� 0 0 O w O v� O -v " 6 61.x OJ W N W 0 0� N O W W .P O .A .A W N W N .S \' \ \ \° \ \ \ \o \ \o \ \ \' \° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 %000 a 69 �69 a Moll oo *09 � WE�EA N W 'mil � 69 W WN P O U1 00 W CO Ui 00 (fl (� N �l OD Cn 0 W OP (0(,(iON 0o A 0 UiO(A) �69 (A) W _ 00 00O OD 0 N_ m 00 OD 01 A N P N O N W N Ut A M OWD 0 -� N W N 0 ONo N (on (31 0) O O C ,C... r+ - (D ° O O m ma c �, �. o � ° m 0 m m ° O O O ° o � m (man Qwo 00omo m o ° � oo 0 00 00 00 3 mo 0 0 0 0 0 0 (D Cho �c-m aCL mn o.n.a= ° 'o (u 0' �° n�i ° v w � C O CQ n � �"<'< � N °° m .° N m N 5 °c n (D O O W .+ n i (n n . 0. ��� N N N N N N N 000 0 0 ��00 cc�(OCn *OcWWZooC�oOON)W**o (D (D zoom r rn�� N0'S00 gym co mm 0 � (o Roc 0 m C� `o Co -, NMI 3 �"0 71 aco �=� C/)go((DD (an < co 'o�v-OO (Q w Z a) (D "0 m (0 00 Ro y Ro _� a)N �DOC�W�ONOp Oj (DD N (D MCDW '� W0p(DCQ pWWN O (D A 7�(Y) pZi pol N (DO co o (D (j 0)O N W N c fD (0 a ( 0 W (Jl � (A O O v G1D J O acri O N (Wp W W.pp t W N (0 O W W OODD p !a CO W W Ul CO 0 W N (D v 0 O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o D 00000 000000400000000000 o 0000 o o o o o o o O o o o o o o o o or* A.JP.A W W W W W W W W NNNNN— "MAsx � �I 0 W 0 W V 0 .P W N 0 mr�k W O 0 OD �A 4 O� N N W N W W Jj W O O O O O o 0 O O O W W W W W N W P W P O W W O O O N W .( \° ON \o \o \O \ \ \ \ \ \ \o \ \ \ \ \ \ \o 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 o. ifl Efl (fl W �4 6 EA 69 69 n 69 0 Een O 60A W � 69 w OW 69 00(D�0N) W 0w W 00�-P0N�� A CC) 0)4 N00'4OD W.P�ANON_N0� P�JODrl -�CnOO N W .A Cn � W W 0 W 0 J M O O W N .0A 0 'NUJ W N N 00 (0 W P NA W (00 O4 � 00 0 Con N W 4 A N (00 W O (WIt C" Z O tD � (D a c (DD ((DD CCD((DD ((D (D ((DD 0 m o o (D CD ° o (D (D 'o o W m C o 0 .m W Q a a• (D (n Cr -Q OL () a" a' p 2 a) a (D a1 O O 0) O "0 O N O m CO) <�� p (a p <(D o p p 3 ° -a can vai m o � < mh C �hQ %< -nmaao a a c W W ((D 0 m �, W 0 v W e 0 0$ o a M n� � 5 vim�• pOj ((DD N p < O -' < (D `< < < N O O ppj C) c c 0cOi :3p m � �-wm'. m o m m a m m m m(D a O �° 3 3 o o a o o > o 'o C- 'v cai (n cn v�Di r« � 3 3 (D.. 3 3 .� a 3- n N 3. 3 000 0 0 � o O O O O O 00 00 OD 00 O O OD 0) Y w » ca 9 � z co 0 I X << o Z o M n C) o o o N D rn W f�F v N � 69 � COO Uri O n O N O N W O m y f9 rt m Q 000� O O 2:51 PM 12/04/07 Sanger Area Chamber of Commerce December 2007 Balance Sheet As of December 4, 2007 Dec 4, 07 ASSETS Current Assets Checking/Savings Prosperity Bank 325.00 Sanger Bank Checking 2007 Little Angel Program 250.00 Sanger Downtown Association 3,572.34 Sanger Bank Checking - Other 18,629034 Total Sanger Bank Checking 221451068 1040 Petty cash 219.13 Total Checking/Savings 22,995081 Accounts Receivable 1110 • Accounts receivable 1,720.00 Total Accounts Receivable 1,720.00 Total Current Assets 24,715.81 Fixed Assets Building - 300 Bolivar St. 21,934.00 Furniture and fixtures 11235,00 Total Fixed Assets 23,169.00 TOTAL ASSETS 47,884.81 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 2010 • Accounts payable 4,368037 Total Accounts Payable 4,368.37 Other Current Liabilities Federal Witholding 3,394.00 Fica 1,560.18 Matching Fica 1,574.55 Matching Medicare 350.55 Medicare 364.92 Total Other Current Liabilities 71244620 Total Current Liabilities 11,612057 Long Term Liabilities Sanger Bank Loan 7069217 10,294049 Total Long Term Liabilities 10,294,49 Total Liabilities 21,907,06 Equity 3001 • Opening Bal Equity 41990623 3010 • Unrestrict (retained earnings) 18,656.30 Net Income 2,331.22 Total Equity 25,977,75 TOTAL LIABILITIES & EQUITY 47,884.81 Page 1 2:31 PM 12/04/07 Sanger Area Chamber of Commerce December 2007 Profit & Loss Report Jan 1 -Dec 4, 07 Ordinary Income/Expense Income Annual Banquet & Auction 8,835.00 Downtown Development Assn, Holiday In The Park-125.00 Downtown Development Assn. - Other 11543050 Total Downtown Development Assn, 11418450 F-990T REF -FORM 990-T 38.00 Family Movie Night 21106,07 Golf Tournament 41435400 Hotel / Motel Tax 41980,95 Interest Earned 0.61 Little Angel Donations 469.46 Map Advertising 10,500000 Membership Dues 20,062.92 Misc 25.85 Newsletter Ad Sales 700.00 Rabies Clinic 41128.00 Sellabration 23,723045 Total Income 81,423681 Expense Advertising Sponsorship 100.00 Advertising - Other 227.00 Total Advertising 327.00 Awards & Membership Banquet 31228.62 Bank Loan Interest 782.85 Bank Service Charges Returned Check Charges 0.00 Bank Service Charges - Other 3,20 Total Bank Service Charges 3.20 Building Repairs 407.28 Family Movie Night Expense 11845,53 Golf Tournament Expense Hole Sponsorship Signs 101.12 Golf Tournament Expense - Other 21193.43 Total Golf Tournament Expense 21294.55 Insurance Worker Compensation Insurance 229.00 Insurance - Other 11034.84 Total Insurance 11263684 Map Publishing 61108000 Memberships & Dues 95.00 Miscellaneous Flowers & Gifts 140.74 Helium Tank Rental 69.00 Member Plaques 180.00 Visitor/Newcomer Supplies 18.00 Total Miscellaneous 407.74 Newsletter Expense 991.47 Office Cleaning Window Cleaning 145.00 Total Office Cleaning 145.00 Office Expense Bulk Rate Permit 160.00 Copier Lease 11100.00 Phone 21252,05 Post Office Box 39.00 Page 1 2:31 PM 12/04/07 vual Basis Sanger Area Chamber of Commerce December 2007 Profit & Loss Report January 1 through December 4, 2007 Postage Printer Supplies Office Expense - Other Total Office Expense Payroll Taxes Property Taxes Rabies Clinic Expense Safe Spook Expense Sanger Education Foundation Sellabration Expense subcriptions Travel & Entertainment Board Meeting Meals Jan 1 -Dec 463.81 681.95 1,406.89 25.38 6,129.08 8,095.40 2,368.37 4,318,50 314.26 2, 000.00 16,232.52 23.00 69.36 Total Travel &Entertainment 69.36 Utilities Electric & Water 739.16 Gas 551.48 Utilities - Other 11584014 Total Utilities 2,874.78 Website 337.70 Workshops Tourism Workshops 99.00 Travel& Lodging 168.01 Total Workshops 267.01 6560 • Payroll Wage Expense Contract Labor 1,063.75 6560 R Payroll Wage Expense - Other 15,229.00 Total 6560 • Payroll Wage Expense 16,292.75 Total Expense 77,222.81 Net Ordinary Income 4,201.00 Other Income/Expense Other Income Uncategorized Income 54.13 Total Other Income 54.13 Other Expense Other Expense 13863.54 Total Other Expense 1,863.54 Net Other Income-11809.41 Net Income 21391959 Page 2 City of Sanger tel Motel Tax Budget Sanger Chamber of Commerce 2008 Budget Recap Income and Expenses Cash Flow Purposes Only Income 12007 Budget/Actualsl 2008 Budget Chamber of Commerce $ 64,818.17 $ 66,950000 Total Income $ 64,118017 $ 66,950000 Expenses $ 54,783063 $ 61,458.09 Net Cash Flow $ 91334954 $ 51491.91 Sanger Chamber of Commerce 2007 Income Budget 2007 Actual 2008 Budget 1100 Banquet Ticket Sales $ 8,835.00 $ 9,000.00 1200 Membership Dues $ 191370A2 $ 20,000.00 1300 Golf Tournament $ 41435,00 $ 31000,00 1400 Newsletter Advertising $ 445900 $ MOM 1500 Sellabration 1510 Booth Rentals $ 6,358.50 $ 6,000.00 1520 T-Shirt Advetising $ 7,550.00 $ 8,000.00 1540 Donations $ 21000,00 $ 21000,00 1570 Chamber Activites $ 6,689.95 $ 7,000.00 1600 Rabies Clinic $ 41128000 $ 4,000.00 1730 Other $ 25685 $ - Hotel Motel Tax $ 4,98OA5 $ 6,600.00 Total Income; $ 64,818617 $ 651950.00 Sanger Chamber of Commerce' 2007 Expense Budget 2007 Actual To Date 2008 Budget 2100 Salaries & Wages $ 13,909.00 $ 171160.00 2200 Contract Labor $ 11063475 $ 11500,00 Payroll Taxes $ 852.16 $ 11313.00 2300 Utilities 2310 Telephone $ 11805459 $ 21100,00 2320 Water & Electric $ 11584414 $ 21100.00 2330 Gas $ 499.78 $ 600.00 2340 Donations $ 21000,00 $ 2,000.00 2400 Membership Services 2410 *Plaques & Recoginition $ 500.00 $ 500.00 2420 Mixers $ - 2430 Website $ 337.70 $ 500.00 2440 Workshops $ 267.01 $ 300.00 2500 Postage & Delivery $ 567.40 $ 700.00 2600 Office Supplies $ 11147060 $ 1,300.00 2700 Printing 2710 Newsletter $ 562.36 $ 11000,00 2720 Flyer, Announcements $ 2730 Publications & Brochurs $ 61108,00 $ 5,000.00 2800 Building 2810 Improvements $ 214.00 $ 1,000,00 2820 Repairs & Maintenance $ 193.28 $ 200.00 2830 Janitorial $ 108.00 $ 200.00 2840 Debt Reduction Principal $ 41186.79 $ 51000,00 2841 Debt Reduction (Interest) $ 782.85 $ 700.00 2850 Insurance $ 11029,09 $ 11185.09 2860 Ad Valorum Taxes 2900 Equipment 2910 Purchases & Leases $ 1,681.95 $ 11500.00 2920 Repairs & Maintenance $ 11000,00 2930 *Property Tax $ 21670,56 $ 21700.00 3000 Banquet 3100 Catering $ 2,044.00 $ 21100,00 3200 Rentals $ 200.00 $ 200.00 3300 Printing $ 87.92 $ 100.00 3400 Decorations $ 300.00 $ 150.00 3500 Entertainment, Speaker $ 200.00 $ MOM3600 Awards & Plaques $ 121.70 $ 150.00 $ 21953062 $ 21900,00 4000 Golf Tournament 4100 Course Fees $ 720.00 $ 21000000 4200 Printing & Advertising $ 176.96 $ 200.00 4300 Catering $ 97.59 $ 100.00 5000 Sellabration 5100 Advertising $ 565.00 $ 600.00 5200 T-Shirts $ 11435,45 $ 11500.00 5300 Trophies & Plaques $ 208.00 $ 200.00 5400 Insurance $ - $ 600.00 5500 Portables $ 750.00 $ 800.00 5600 Entertainment $ 21400,00 $ 31000,00 6000 Rabies Clinic $ 31406,00 Total Income: $ 57,737425 $ 64,358409 * This is a year end expense it has not occurred SANGER PUBLIC LIBRARY MONTHLY REPORT NOVEMBER 2007 Submitted by Victoria Elieson HIGHLIGHTS: Upgrading to a new version of InfoCentre entailed some database cleanup, but the upgrade went fine. ADMINISTRATION: A new hot water heater was installed. Meetings attended: Dreaming of a Shared Catalog, 11/6, Fort Worth Library Board, 11/12 Denton County Library Advisory Board, 11/15, Aubrey SPECIAL PROJECTS: Put up the new 12400t Christmas tree. It went up more quickly because it is se lit. The president of the Friends of the Library donated a lot of new ornaments. The need for a new water heater was discovered when taking the tree from its storage place PROGRAMS: The KidSing sign language class was completed, and children presented a program to the public on November 29. Twelve people attended. The crochet class only met one Saturday this month. The Storytime theme was "Places I Like to Go". During "The Zoo" program kids enjoyed setting up a zoo in the library. The weather was beautiful during the - program on "The Park", so we took a field trip to the park. "Grandma's House" was the theme during Thanksgiving week. The final weekly theme was "Out to Eat". Kids thought playing restaurant was really fun, and so was shaping food out of clay, something even the two -year -olds could do. NOVEMBER 2007 STATISTICS November 2006 November 2007 BORROWER CARDS Last Month 3724 4017 New Cards 32 30 Cards withdrawn 2 0 Cards reactivated 6 12 TOTAL 3760 4059 CIRCULATION Adult Nonfiction 226 320 Nonfiction Videos 24 39 Spanish Materials 4 11 Adult Fiction 335 327 Interlibrary Loan 20 12 Junior Fiction 60 111 Children's Nonfiction 101 126 Children's Fiction 318 318 Story Sacks 6 1 Leased Books 118 226 Paperback Fiction 268 248 Magazines & Misc. 20 6 Audio Books 103 104 Music CDs 56 40 Videos 252 221 DVD 306 314 Equipment 4 2 Renewals 402 0 TOTAL CIRCULATION 2623 2425 INTERNET USERS 734 764 PROGRAMS Children's Programs 8 11 Children Attending 99 115 Adults Attending 33 57 Other Programs 1 2 Number Attending 9 25 VOLUNTEERS Number of Adults 3 6 Number of Juniors 4 4 Number of Hours 36 49 COLLECTION Books 15920 15781 Leased Books 168 193 Paperback Fiction 2420 2452 Audio Books 531 568 Music CDs 341 385 CD-ROM 142 199 Videocassettes 874 885 DVD 292 400 Microfilm 71 75 Equipment 3 4 TOTAL COLLECTION 20762 20942 REVENUE Fines $173,00 $122.95 Copies $88.35 $83.60 ILL Postage $36,16 $21,62 New Cards $2000 $0.75 Lost Materials $18.95 TOTAL $318,46 $228,92 BOOK REVIEW /\I ry elm i eyY by Lynne S. Smiland of The Sanger Public Library "Lone Survivor" - A Navy Seal Operation that went horribly wrong Lone Survivor by Texan Marcus Luttrell presents an eyewitness account of Operation Redwing, a 2005 mission of Navy SEALs in Afghanistan that went horribly wrong. It was coauthored (Patrick Robinson, author of political) military thrillers. In the Hindu Kush mountain range the Taliban and at Qaeda remainders were regrouping and training to fight the democratic Afghanis and the multinational forces, especially the American soldiers.' Osama bin Laden was believed to be in hiding there at times, passing back and forth into nearby Pakistan. To stop these efforts, four Navy SEALS were inserted to locate and capture one of the higher ranking at Qaeda leaders. .Navy SEALS endure intense, rigorous training and missions, and are taught to achieve their objectives at almost any cost. The military must operate, however, under the Rules of Engagement (ROE), which state soldiers cannot open fire until fired upon or they have positively identified the enemy and have proof of intent to harm. The killing of civilians is prohibited, and the media tends to crucify the soldiers involved with such incidents. In fact, currently two U.S. Marines are facing court-martials•over some civilian deaths in Haditha two years ago. Shortly after the small SEALS unit arrived where the militant extremists were said to be, three goat herders BOOK R@VI@W (Continued from pg. 6) arrived at the Luttrell's horse ranch for a one week prayeY vigil while the author was missing. And, we get to wrestle with the Rules of Engagement as so many of our military have, especially in Viet Nam and the Middle East. Our men and women are in uniforms, easily identified and targeted, in combat with opponents who are invisible until the bomb explodes or the gun fires. It is a precarious balance our soldiers face, between a moral high ground and self-defense, and Lone Survivor illustrates this situation movingly. It is a fascinating and thrilling story, one that is hard to put down. Sanger Public Library has Luttrell's book available, and readers may call 458- 3257 to be put on the waiting list. More information on Luttrell (known as "The One" on the internet), Operation Redwing, and debates about various aspects of the mission may be found on assorted military and news =webs , .. www.blackwing.net. The library has two other books on Navy S1 ALs available, and can get others on Interlibrary Loan. The Internet is'available on the library's public access computers. The Sanger Public Library is located nt•d5ot- Bolivar. stumbled upon the men. Thus the dilemma began. The men attempted to radio Headquarters, but the mountains interfered with signal transmissions. The first impulse of the SEALS was to eliminate any obstacle to their,mission, especially when most of the people, friend or foe, looked like simple farmers. Who knew what weapons were under the baggy clothes, or who tended animals to feed their families or to feed the local terrorists? Then they considered the ROE, and whether they wanted to survive the mission only to be branded war criminals. The men voted to let the two men and a boy go, which according to the ROE was the correct action, even though they suspected the herders would go to inform the enemy. Within two hours, the SEALS were attacked by 80 to 100 Taliban militants, with about 40 more joining them mid - battle, all of whom had AK-47s. The fighting was fierce, with the attackers trying to surround the SEALs and the four men falling back down the mountain, only to almost be surrounded again. In 90 minutes the fighting was over, and three SEALS were dead and the fourth injured and hiding. When a rescue helicopter arrived, it was hit in the gas tank by a rocket -propelled grenade, and all 16 on board were killed. In i_one Survivor we are given more than just a recitation on SEALS training and a particular battle. ' We also get insight into the personalities and characteristics often found in people like soldiers and medical personnel working in life or death situations, such as gallows humor and minimizing how serious things actually are. We see the honor and humanity that can persevere in the midst of war, and the faith and love of friends, family, and strangers who spontaneously (Continued on back page) COL- t CAr 1 V�2 iW�n c� J VA, C e- (uc...Tn �t KI w ztv, 4" 22 A S S L,L e Children learning sign langicage nursery rhymes, public invited to performance on Nov. 29 at library Six children ranging in age from 2-6 have been working hard every Friday morning, learning some simple sign language. They have learned nursery rhymes like Humpty Dumpty, and fun songs like Row, Row, Row Your Boat, and even a Christmas carol. The Sanger Public Library and Sanger Home School Moms have sponsored the Friday classes called KidSing. Now the children are ready to show off what they know. The public is invited to their short performance at 7:00 on the evening of Thursday, November 29 in the meeting room of the Sanger Public Library. It will be a great introduction to the holiday season. These KidSing children want to show off what they have learned on Nov. 29 at 7:00 P.M. at the library. Personalize photos for gifts in a uniquely way at free library workshop Dec. 1 By Lynne S. Smiland With the holidays quickly approach- ing, what better gifts for family or friends than photographs, especially photographs gathered and presented in a uniquely per- sonalized way? To help create such memorable gifts, Sanger Public Library will be hosting two free scrapbook work- shops on Saturday, December 1, from 10 a.m. until 2 p.m. Once again, Leigh Compton, a talented photographer and scrapbook artist, will be sharing her knowledge, experience, and specialty tools with scrapbookers of all skill levels. The first class, beginning at 10 a.m., will be a "Make -and -Take", featuring a simple project that can be completed within the 2 hour session. Participants should bring photographs, and any materials they par- ticularly want to use. This is a great way for novices of all ages to sample a new craft, and for everyone to make something simple and quick. The second session, from 12 noon to 2:00 p.m., will be an "Open Crop". Cropping, a term for trimming photo- graphs has come to mean working on any aspect of a scrapbook. This is a time for scrapbookers to work on whatever projects they wish, and use Leigh's tools and advice (if needed), as well as com- pare notes with other scrappers. Leigh wilI have her SizzixO machine, templates, various edged scissors, paper cutters, and projects to share. Handouts from previ- ous workshops and assorted scrapping books and magazines will also be avail- able, Participants should bring papers, photos, adhesives, embellishments, and whatever projects they wish to work on, and any tool or supplies they might want to share or trade. Completed projects are also appreciated, to inspire others. For an few enjoyable hours of pre- serving memories and expressing love for family and friends, plan on joining other scrapbookers at Sanger Public Library. . The free workshops are open to all who are interested, regardless of age and level of experience. To make'rese.rvations for the 10 a.m. "Make -and -Take", the 12 noon ` "Open Crop", or formore information, , phone the library at 458-3257, or'come' ' by 501 Bolivar Street ''" December 6.9 2007 TML PRESENTS AWARDS TO FIVE LAWS During the 2007 Texas Municipal recognized five lawmakers who municipal authority. Number 26 League Annual Conference in Dallas, the League have consistently supported cities and defended Representative Fred Hill (R-Richardson) was inducted into the TML Legislative Hall of Honor for his outstanding work during his years in the Texas Legislature. He is the fourth inductee, joining former representative Mark Stiles, former senator and lieutenant governor Bill Ratliff, and former state representative and now federal district judge Rob Junell. First elected Representative and the Local to the Texas House of Representatives in 1988 , Hill has chaired both the Urban Affairs Committee Government Ways and Means Committee. He has carried numerous TML priority bills over the years and has been a persistent defender of local control. Representative Hill has received numerous awards from TML, including the TML Distinguished Legislative Service Award in 1993 and 1995 and the TML Legislator of the Year award in 1997 and 2003, He will not seek re-election in 2008 but will serve out the remainder of his term. Published by the Texas Municipal league 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 • 512-231.7400, Fax 512-231-7490 www.tml.org Senator Kevin Eltife Hilderbran (R-Kerrville) Award for their efforts Legislature. 4 (R-Tyler) and Representative Harvey each received a Legislator -of -the -Year during the 80th session of the Texas First elected to the Texas Senate in 2004, Senator Eltife serves as vice chair of the Senate Nominations Committee and is a member of the Senate committees on Business and Commerce, Finance, and Natural Resources. Prior to being elected to the Senate, Senator Eltife served on the Tyler City Council for three terms before serving as mayor of Tyler for three additional terms. During the 2007 Legislative Session, he was a strong supporter of cities and vigorously opposed legislation that would have placed unnecessary property tax revenue caps on cities. Representative Harvey Hilderbran was first elected in 1988. He is the chairman of the Culture, Recreation and Tourism Committee and is a member of the Natural Resources Committee. During the 2007 Legislative Session, he was a tireless advocate for state and local parks and authored legislation that was instrumental in infusing $15.5 million into the state's local park system. The League also presented Distinguished Legislative Service Awards to Senator Kirk Watson (D-Austin) and Representative Joe Heflin (D-Crosbyton) for their service to Texas cities during the 80th session of the Texas Legislature. Elected to the Texas Senate in 2006, Senator Kirk Watson is vice chair of the Transportation and Homeland Security Committee and is a member of the Senate committees on Business and Commerce, Jurisprudence, Nominations, and the Subcommittee on Emerging Technologies and Economic Development. He is the former mayor of Austin, a past member of the TML Board of Directors, and a past chairman of the Austin Chamber of Commerce. During the 2007 Legislative Session, he played a key role in. defending municipal authority and was a critical opponent of legislation that would have placed unnecessary property tax revenue caps on cities. Senator Watson was selected by Texas Monthly as "Rookie of the Year" for his exceptional work during the session. Serving in his first term in the Texas House of Representatives, Representative Joe Heflin is a member of the Agriculture and Livestock Committee and the County Affairs Committee. He is a former city alderman of Crosbyton and a former county judge of Crosby County. During the 2007 Legislative Session, Representative Heflin authored legislation that clarified the authority of a city's 2 governing body to fill a vacancy in the office of mayor. Throughout the session, he played a key role in defending and protecting municipal authority. We hope that city leaders across Texas will express their appreciation to these outstanding leaders for their dedication to Texas cities. FCC ISSUES SECOND CABLE FRANCHISE ORDER In 2005, the Federal Communications Commission (FCC) began seeking input on a proposed rulemaking regarding whether: (1) local franchising authorities are unreasonably refusing to grant cable franchises, and (2) the FCC has the authority to take action in that regard. TML (and many others) filed comments on those rules in early 2006, and argued that the answer to both questions is "no." The FCC issued its written order on March 5, 2007, and disagreed on both counts. The good news is that the March 5 order did not affect the Texas cable franchising statute enacted in 2005. That statute (Senate Bill 5) enacted several changes, including: (1) eliminating the local franchising process; (2) streamlining the cable franchising process by authorizing a state -issued certificate of franchise authority for cable and video providers; (3) grandfathering existing cable franchises until they expire; and (4) preserving, as a matter of state law, the key police -power and right-of-way fee authority of Texas cities. The March order was directed largely at municipal barriers to entry for new providers of video service, barriers that no longer exist in Texas. However, the first order noted that some of its conclusions "also appear germane to existing franchisees." Under Senate Bill 5, existing franchisees (generally incumbent cable providers) are bound to their existing agreements until those agreements expire. In light of the order's ambiguity with regard to existing franchise agreements, the FCC sought additional comments on the implementation of the order. TML and others again filed comments on the second rulemaking, and a second FCC order was issued on November 6, 2007. The second order extends some of the findings from the first order to incumbent cable providers, and thus may affect cities with grandfathered cable franchise agreements under Senate Bill 5. Specifically, the second order concludes that fees paid to support public, educational, and government (PEG) channels may be used only for the "capital costs" of providing the channels. A cable provider in a city that is using the fees in some other way (to pay operating expenses, for example) might seek to have those payments deducted from the five -percent franchise fee cap imposed by federal law. In addition, some cable providers have claimed that a broad definition of "gross revenue" in a negotiated franchise agreement for purposes of determining the franchise fee should be preempted by using the generally accepted accounting principles (GAAP) standard. In 3 a win for cities, the FCC concluded that franchise agreement definitions of "gross revenue" are not subject to GAAP and are thus not preempted. The FCC expressly concluded that the second order does not apply automatically to existing franchises, and that it cannot void existing franchises. Rather, a cable provider has the burden to prove, under the facts and circumstances of each situation, that the new rules should apply to its franchise agreement. This last conclusion is somewhat ambiguous, and only time will tell how cable providers will seek to enforce the second order. The National League of Cities and other national local government groups have sued to challenge the FCC's authority to issue the first order. That case is currently pending in the federal Sixth Circuit Court of Appeals, and it is probable that the second order will be challenged as well. The Texas Municipal League will continue to monitor the implementation of the second order and will keep member cities informed. DECEMBER 31, 2007: "SUPER FREEPORT" DEADLINE "Super Freeport" is a property tax exemption for goods that reside in Texas temporarily while awaiting shipment to other locations within or outside of Texas (as contrasted with the current4aw freeport exemption, which covers only goods shipped outside of Texas). This exemption was approved by Texas voters in 2001 as an amendment to the Texas Constitution, but only this year did the Texas Legislature enact enabling legislation. The super freeport exemption is best described as a local option property tax exemption of the "opt -out" variety. The exemption automatically applies to a city unless the city does each of the following two things no later than December 31, 20074 (1) holds a hearing at which members of the public are allowed to speak for or against the taxation of super freeport goods; and (2) adopts an ordinance stating it wishes to continue taxing super freeport goods for tax year 2008. The hearing must take place prior to the adoption of such an ordinance. A city that misses the December 31, 2007, deadline may choose to opt out of the exemption in future tax years. Previous editions of the TML Legislative Update contain additional information about the exemption, including controversies surrounding its wording and scope, and an attorney general's opinion interpreting the exemption. PROPOSED CHANGES TO WATER QUALITY STANDARDS Surface water quality in Texas is generally governed both by Section 303 of the Federal Clean Water Act and Chapter 26, Subchapter D of the Texas Water Code. Under these statutes, the Texas Commission on Environmental Quality (TCEQ), sometimes under the direction of the U.S. Environmental Protection Agency (EPA), creates rules and standards to monitor and protect surface water quality in Texas. Over the past few months, the TCEQ has been conducting meetings regarding proposed changes in surface water quality standards in Texas. These proposed changes include the creation of a bacteria total maximum daily load (TMDL), alteration of current standards and procedures for nutrient testing, and modifications in whole effluent toxicity (WET) testing and procedures. The Texas Municipal League recently signed a resolution jointly with the Texas Water Conservation Association, the Water Environment Association of Texas, and the Texas Association of Clean Water Agencies outlining recommendations for the proposed changes in the current surface water quality standards. This resolution: • proposes the revision of the current Texas Surface Water Quality Standards (TSWQS) and related procedures with regard to bacteria criteria in order to create a tiered set of recreational uses based on an appropriate exposure assessment for different types of waterbodies and activities; • recommends that any revisions regarding nutrient criteria related to reservoirs use "chlorophyll a" measurements, rather than phosphorus, to assess waterbodies, and take into account the age of data, amount of data, and area where data was collected when implementing nutrient criteria; and • urges the TCEQ to continue with the current approach included in the TSWQS for whole effluent toxicity WET) testing, rather than introducing sublethal test responses into the toxicity reduction evaluation selection process, since the current approach is protective of waters of the state. If your city would like to get involved, the Surface Water Quality Standards Advisory Work Group (SWQSAWG) meetings are open to the public, and anyone who is interested in changes to the standards may attend. More information regarding meeting places and times may be found on the TCEQ's Web site: pp://www.tceq,state.tx,us/pennittinglw4Wr quality/stakeholders/swgsawa.html. If you have basic questions about surface water quality standards or how to become involved in the process, please contact Lauren Crawford in the TML Legal Department at (512) 231-7400. 5 INTERIM_ S'I GE In accordance with charges issued by House Speaker Tom Craddick, Committees of the Texas House of Representatives will be examining the following issues of interest to cities during this legislative interim. TML will closely monitor the process. House Committee on Appropriations • Examine alternative spending limit methodologies found among the various states as they impact state and local spending and recommend potential changes to the Texas budget process to bring long-term, innovative strategies to control costs of major governmental programs. • Analyze the current financial condition of the Texas Department of Transportation including but not limited to cash in bank, encumbered funds, use of bond capacity and projected needs for various funds allocated to the Texas Department of Transportation and their appropriation for major projects over the last five years. This analysis should include a review of revenues diverted from the State Highway Fund for non4ransportation applications. Examine alternative sources of revenue to sustain future transportation needs. House Committee on Business and Industry • Monitor the Texas workers' compensation system, and the continued implementation of the reforms of HB 7, 79t' Legislature, Regular Session, by the Texas Department of Insurance and other state agencies. (Joint Interim Charge with the House Committee on Insurance) House Committee on Corrections • Explore the use of technology practices that improve efficiency, safety, and coordination of criminal justice activities on the state, local, and county levels. • Study policies and procedures related to illegal immigration and border security of the Texas Department of Criminal Justice, county probation departments, and local and county jail facilities, and make recommendations to improve coordination with international, federal, state, and local authorities. (Joint Interim Charge with the House Committee on County Affairs) House Committee on County Affairs • Examine recent attempts by municipalities to exert regulatory authority beyond city limits and extraterritorial jurisdiction. Evaluate the current relationship between and possible conflicts related to regulatory authority expressly given to state agencies by the legislature and regulatory authority delegated to home -rule municipalities. (Joint Interim Charge with the House Committee on Land and Resource Management) • Study policies and procedures related to illegal immigration and border security of the Texas Department of Criminal Justice, county probation departments, and local and county jail facilities, and make recommendations to 0 improve coordination with international, federal, state, and local authorities. (Joint Interim Charge with the House Committee on Corrections) House Committee on Economic Development • Study the performance of the Texas Enterprise Fund, the Texas Emerging Technology Fund, the Texas Economic Development Act, the Texas Enterprise Zone Program, and other economic development tools in promoting economic development in Texas, and recommend any needed statutory changes. • Study the use of the Texas Economic Development Act since its enactment as HB 1200, 77th Legislature, Regular Session. Determine how the act may be enhanced to better attract significant capital investments by science and technology industries developing alternative energy sources. (Joint Interim Charge with the House Committee on Energy Resources) House Committee on Elections • Study the general issues of electronic voting technology, including the issues of general benefits and risks, security and accuracy, paper trails, etc. • Monitor the continued implementation of the federal Help America Vote Act of 2002 by the Office of the Secretary of State, specifically including the implementation of the Texas Election Administration Management system to maintain voter registration records, administer elections, and execute and report election results. • Study poll worker recruitment and training in Texas, and suggest possible statutory improvements. • Research the current Texas law prohibiting the use of public resources for political advertising, and determine whether the law needs to be amended to clarify that publicly funded e-mail systems may not be used for political communications. House Committee on Insurance • Monitor the Texas workers' compensation system, and the continued implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the Texas Department of Insurance and other state agencies. (Joint Interim Charge with the House. Committee on Business and Industry) House Committee on Judiciary • Study the issue of municipal sovereign immunity for damages to citizens' private property, and recommend any necessary statutory changes. House Committee on Land and Resource Management • Examine the authority of the General Land Office, the School Land Board, and similar state agencies to engage in various types of real estate transactions, and determine the appropriateness of this authority. • Observe and study ongoing litigation and actions by condemning authorities in light of the Kelo decision and make recommendations for changes in eminent domain law needed to protect private property rights. Specifically, examine the 7 body of law used to determine the, amount of compensation property owners receive when their land is condemned, in whole or part, and determine the appropriateness of this scheme as compared to others. • Research annexation practices in the ,state to determine whether municipalities are abiding by both the spirit and the letter of the state's annexation laws, thereby maintaining a proper balance between municipal governments and individual residents. • Examine the effectiveness of the Private Real Property Rights Preservation Act (Chapter 2007, Government Code). • Examine recent attempts by municipalities to exert regulatory authority beyond city limits and extraterritorial jurisdiction. Evaluate the current relationship between and possible conflicts related to regulatory authority expressly given to state agencies by the legislature and regulatory authority delegated to home -rule municipalities. (Joint Interim Charge with the House Committee on County Affairs) House Committee on Law Enforcement • Study the qualifications and standards necessary to be designated a police agency. • Study the funding of Texas 9-14 and poison control systems and the requirement to transition Texas 9-1-1 systems to the next generation of technology to meet future expectations for emergency communication systems. House Committee on Local Government Ways and Means • Study whether Texas law should be amended on the methods used to determine the "place of business" of retail operations under Chapter 321, Tax Code, governing municipal sales taxes, and whether better -defined procedures and limitations should be enacted to assist the comptroller in determining reallocation of sales tax revenues from one municipality to another. • Review provisions for local government notices on potential tax rate increases and clarify potentially conflicting statutes. Look at requiring two (rather than one) public hearings on the tax rate increase. • Examine the addition of members to the board of directors of appraisal districts who are not appointed by the taxing jurisdictions of the district. Determine methods for appointing these additional directors. • Examine the system for appraising property for property tax purposes: o Study the implementation and effects of HB 1010, 80th Legislature, Regular Session. o Consider whether the statutory system for choosing the Central Appraisal District Board of Directors and governing the board's operation adequately protects the public interest. o Evaluate whether the authority of the chief appraiser should be limited. o Consider alternative methods and procedures for conducting the Comptroller's School Value Study to ensure both the equitable distribution of state school aid and a more stringent review of local appraisal practices. '3 o Examine constitutional and statutory constraints on the enforcement of uniform appraisal standards ,across the state and the ability of the state to provide oversight of appraisal districts. o Consider ways to improve applaisal district efficiency, transparency and services, including, but not limited to, the reconfiguration of appraisal districts. o Evaluate changes in the property valuation appeal system that could expedite and reduce the cost of dispute resolution. House Committee on Natural Resources • Monitor outgoing efforts related to joint planning in groundwater management areas, including progress toward setting desired future conditions for aquifers. Examine and evaluate the process relating to an appeal challenging the approval of desire future conditions. • Monitor the implementation of legislation enacted by the 80th Legislature, including HB 3, HB 4 and SH 3; work in conjunction with legislatively created committees, such as the Environmental Flows Advisory Group, the Water Conservation Advisory Council, the Bexar Metropolitan Water District Oversight Committee, and the Joint Interim Committee on State Water Funding. • Evaluate creating a uniform template for the creation of Municipal Utility Districts or other special districts with addendums for special powers to expedite the creation of new districts. • Review the Texas Commission on Environmental Quality fee structure for water programs and examine the scope of services being funded by such fees and the allocation of resources, including personnel to provide services on a timely basis. House Committee on Pensions and Investments • Explore options for funding other post -employment benefits, and examine strategies employed by other governmental entities in addressing these obligations. • Analyze the impact of allowing a retiree to return to work in the Texas Municipal Retirement System. House Committee on Regulated Industries • Research the effects of both wholesale and retail competition in the Texas electric market. • Study and review information on the Internet and other communications services, and how Texas can best prepare for potential changes to Internet and communications services, and infrastructure demands. Recommend policy changes to encourage greater infrastructure investment while ensuring the continued growth and development of the Internet. Study the current state and local communications tax structure, including an analysis of the tax burdens imposed on consumers and providers of communications services. House Committee on State Affairs • Research and recommend the best ways to require governmental entities in Texas, both state and local, to develop reasonable investment strategies that will help the Texas economy and increase jobs and resources brought to the state. • Study the merits of developing a coherent state policy of offering incentives to local governments for activities relating to recruiting and hosting special events. • Study and make recommendations to encourage authorization for political subdivisions to enter into agreements with the United States Department, of Homeland Security under Section 287(g), Immigration and Nationality Act, to perform the functions of immigrations officers. House Committee on Transuortation • Examine the role of metropolitan planning authorities in state law, as well as the creation of rural planning authorities to address the planning needs outside of metropolitan planning organizations but within council of government boundaries. House Committee on Urban Affairs • Study and evaluate the levels, methods and alternatives by which the state funds all affordable housing programs, focusing on administrative cost-effectiveness to determine greater returns on investment, savings and efficiency. Examine the current procedures and applications of the annual, integrated Low Income Housing Plan prepared by the Texas Department of Housing and Community Affairs, and prepare recommendations for the development of a comprehensive, long-range, statewide plan or model to address growing needs ' throughout the state. • Monitor current methodology involving departmental rules, procedures and policies governing state and federal compliance in the evaluation and ranking of all multifamily affordable housing applications for the allocation of funds during the annual awards cycles. • Examine the development and implementation of a physical standards (asset oversight) rating system for multifamily residential rental facilities, to be used by all local and state issuers of tax-exempt bonds and tax credits, to determine eligibility for future financing and for compliance enforcement purposes. House Committee on Ways and Means • Examine fiscal implications of the list of items eligible for the sales tax holiday. Study the policy and benefits of current sales tax treatment for information technology services, including research and development. 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 For further information contact the TML legislative Services Department 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 512-231-1400, Fax 512-231-7490 www.iml.org 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 00 NON -DEPARTMENTAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET i VL. -)R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN -DENTON C I-52921- 001-00-7545 EVA BRUCE PRO EVA BRUCE R006013B 2008 TAXES 000000 149.74 IT�T1�iu[�l`FIiiI� NON -DEPARTMENTAL TOTAL: 199.74 ------------------------------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: N/A NON -DEPARTMENTAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE..-JR NAME ITEM G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-1 MISC. VENDOR - KYLE EGGLESTON' I-52769 001-00-4625 FINES OVER PAYMENT 07-013365A 000000 25.00 DEPARTMENT NON -DEPARTMENTAL TOTAL: 25.00 --------------------------------------------------------------------------------------------------------------------------- 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 01 2006 BOND EXPENSE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET i VEI%�jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN -DENTON C I-52921- 001-01-7470 2007 BOND EXP CARLAW R0058652 2008 TAXES 000000 1/203626 DEPARTMENT O1 2006 BOND EXPENSE TOTAL: 1,203.26 -------------------------------------------------------------------------------------------------------- 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 MAYOR & CITY COUNCIL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEIN�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-10-5245 OTHER OPERATI CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 001-10-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 68.28 99-16630 THE WATERS CONSULTING G I-INV:0614-1372 001-10-5420 CONTRACTUAL S SEARCH FOR CITY MANAGER 000000 403.52 99-17830 JOHN E. BAINES, P.C. I-52848 001-10-5420 CONTRACTUAL S FINAL PYMT ON ENERGY AUDIT 000000 4,000.00 DEPARTMENT 10 NAYOR & CITY COUNCIL TOTAL: 4,479.49 ----------------------------------------------------------------------- 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VELN,JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDING CENTER I-10019050 001-15-5210 OFFICE SUPPLI HANGING HOOKS XMAS DECO OFFICE 000000 0.99 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 001-15-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 244.81 99-17330 INTERACTIVE COMPUTER DE I-INV:60059 001-15-5420 CONTRACTUAL S 1ST INSTALLMENT PO PROGRAM 000000 531.25 DEPARTMENT 15 ADMINISTRATION TOTAL: 784.74 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE, NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 001-18-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 DEPARTMENT 18 ENGINEERING ---------------------------- TOTAL: 120.44 128.13 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE.._jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-20-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.38 99-08770 CPI OFFICE PRODUCTS I-52933 001-20-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 30.21 99-11170 RICOH I-H112001726-50 001-20-5420 CONTRACTUAL S COPIER MACHINE MAZNT. POLICE D 000000 DEPARTMENT 20 POLICE TOTAL: 234.03 279.62 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEL._JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ------------ 99-00270 ANIMAL HOSPITAL I-52913 001-22-5248 DOG POUND EXP VET SERVICES FOR POUND 000000 201.00 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 201.00 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEiowR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-52881 001-24-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 100.00 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-24-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.38 99-08770 CPI OFFICE PRODUCTS I-52933 001-24-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 61.79 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 177.17 ------------------------------------------------------------------------- 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEiN�jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00420 BOUND TREE MEDICAL, LLC I-INV:80014360 001-25-5440 MEDICAL SERVI MEDICAL SUPPLIES 000000 83.99 DEPARTMENT 25 AMBULANCE TOTAL: 63.99 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE.,_..t2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01480 LAURA'S LOCKSMITH I-69484 001-26-5245 BLD.& JANITOR FRONT DOOR LOCK @ COURT OFFICE 000000 78.48 99-03710 DENTON CO SHERIFF'S DEP I-52768 001-26-5379 JAIL FEES LAYOUT FEES: C.NANYES 000000 60.00 I-52772 001-26-5379 JAIL FEES M. SHANNON 000000 40.00 I-52772 001-26-5379 JAIL FEES T. HARDESTY 000000 40.00 99-17330 INTERACTIVE COMPUTER DE I-INV:60338 001-26-5420 CONTRACTUAL S WEB HOSTING 000000 125.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 343.48 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL._JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-28-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.38 99-07750 HOME DEPOT/GECF I-46848 001-28-5250 MINOR TOOLS MISC TOOLS FOR INSPECTOR 000000 119690 99-08770 CPI OFFICE PRODUCTS I-52933 001-28-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 30o2l DEPARTMENT 28 ENFORCEMENT/INSPECTION TOTAL: 165.99 ------------------------------------------------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL.�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00180 AMERICAN MESSAGING I-52907 001-30-5525 PAGERS PAGERS 000000 11.17 99-00640 COMMERCIAL SERVICES I-52881 001-30-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 50.00 99-00800 COSERVE I-52911 99-02170 REINERT PAPER & CHEMICA I-INV:210733 99-08770 CPI OFFICE PRODUCTS I-52933 99-15220 RGR REDI-MIX, LP I-INV:3015 99-15230 CRAFCO TEXAS, INC I-INV:0022484-IN 001-30-5515 ELECTRIC & GA LIGHTS & ELECTRIC 001-30-5245 JANITORIAL SU CLEANING SUPPLIES 000000 001-30-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 001-30-5370 STREETS PSI CONCRETE 000000 [�I/I�QtI/II.itill] STREETS CRACK SEAL 12MM LASER DEPARTMENT 30 STREETS TOTAL: 325.15 15.38 KZilF3�i 264.00 1,896.50 2,592.91 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL_ .iR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDING CENTER I-10018937-10018977 001-32-6015 SPRINKLER MAI PARTS FOR REPAIR @ COMM CENTER 000000 22.95 99-10570 THE SPORTSMAN I-52708 001-32-5375 MINOR EQUIPME RODENTICIDE KILLER/RAT POISON 000000 DEPARTMENT 32 PARKS TOTAL: 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-INV:210733 001-40-5245 JANITORIAL & CLEANING SUPPLIES 000000 15.42 L•iII�iXY3i�w3_��I I-INV:841 001-40-5420 CONTRACTUAL S SR. SUPPORT SERV 10/1/7-9/30/8 000000 5,000.00 DEPARTMENT 90 SULLIVAN CENTER TOTAL: 5,015.42 ------------------------------------------------------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: S899 BUDGET TO USE: CB -CURRENT BUDGET VL jR -------------------------- NAME ITEM # ------------------- G/L ACCOUNT NAME DESCRIPTION ----------------------------------------------------- CHECK# AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 99-02170 REINERT PAPER & CHEMICA ---------------------------------- I-210196 001-42-5245 OTHER OPERATI GLOVES 000000 7.95 99-03070 WORLD ALMANAC EDUCATION I-INV:001051710001 001-42-6050 BOOKS ALMANAC 000000 9.95 99-10760 BRODART CO I-H713818 001-42-6050 BOOKS BOOKS & PROCESSING FEES 000000 29.38 I-INV:818838 001-42-5270 PROGRAMS AND A/V CASES 000000 68.58 I-MO21930 001-42-5420 CONTRACTUAL S BOOK LEASE JAN-DEC 2008 000000 11740*48 99-18300 GATEWAY AMERICA SPORTS I-52922 001-42-6050 BOOKS BASEBALL DVD'S 000000 30,00 99-18310 VIDEO BREAD I-INV:920262 001-42-6050 BOOKS DVD'S FOR LIBRARY 000000 164.00 99-18320 ALLSTAR PLUMBING 1-327 001-42-5310 R & M BUILDIN NEW WATER HEATER INSTALLED 000000 555.00 DEPARTMENT 42 LIBRARY TOTAL: 21605.34 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 COMMUNITY CENTER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL 'R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ----------------- 99-00640 COMMERCIAL SERVICES I-52881 001-44-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 100.00 DEPARTMENT 44 COMMUNITY CENTER TOTAL: 100.00 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 46 ECONOMIC DEVELOPMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET t Vt- ✓R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-16280 MPRG, INC. I-STMT:SGR-0608 001-46-5920 CONTRACTUAL ECONOMICS DEVELOPMENT SERVICE 000000 8,800.00 DEPARTMENT 46 ECONOMIC DEVELOPMENT TOTAL: ------------------------------------------------ 8,800.00 ------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 60 PROPERTY TAX BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE. jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN -DENTON C C-52921-CORRECTION 001-60-5420 CONTRACTUAL S TAX STATEMENTS 000000 31759.53- I-52921 001-60-5420 CONTRACTUAL S CARLAW-R0058652 000000 3,609.79 I-52921 001-60-5420 CONTRACTUAL S EVA BRUCE-R0060138 000000 149.74 DEPARTMENT 60 PROPERTY TAX --------------------------------------------------- TOTAL: 0.00 ------------------------ VENDOR SET 001 GENERAL FUND TOTAL: 27,176.22 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 01 ** INVALID DEPT ** BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE._..:JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN-DENTON C I-52921- 008-01-7470 2007 BOND EXP CARLAW R0058652 2008 TAXES 000000 2,406.53 DEPARTMENT Ol ** INVALID DEPT ** TOTAL: 2,406.53 ----------------------------------------------------------------------------- 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 Mayor and City Council BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET i VE..�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER 6 CHEMICA I-INV:210733 008-10-5245 OTHER OPERATI CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 008-10-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 68.27 99-16630 THE WATERS CONSULTING G I-INV:0614-1372 008-10-5420 CONTRACTUAL S SEARCH FOR CITY MANAGER 000000 403.51 99-17830 JOHN E. BAINES, P.C. I-52848 008-10-5420 CONTRACTUAL S FINAL PYMT ON ENERGY AUDIT 000000 4/000600 DEPARTMENT 10 Mayor and City Council TOTAL: 4,479.47 ----------------------------- ------------------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 22 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL.'.IjR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDING CENTER I-10019050 008-15-5210 OFFICE SUPPLI HANGING HOOKS XMAS DECO OFFICE 000000 0.99 99-02170 REINERT PAPER & CHEMICA I-INV:210733 008-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 008-15-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 244.80 99-17330 INTERACTIVE COMPUTER DE I-INV:60059 008-15-5420 CONTRACTUAL S 1ST INSTALLMENT PO PROGRAM 000000 531.25 DEPARTMENT 15 Administration TOTAL: 784.73 -------------------- ---------------------- ------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL, R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER G CHEMICA I-INV:210733 008-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.69 99-08770 CPI OFFICE PRODUCTS I-52933 008-18-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 120.93 DEPARTMENT 18 ENGINEERING TOTAL: 128.12 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 24 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE,.._JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-03140 DATA FLOW I-INV:44891 008-19-5205 DATA PROCESSI ACCT. PAYABLE CHECKS 000000 187.11 99-17330 INTERACTIVE COMPUTER DE I-INV:60338 008-19-5315 R & M MACHINE WEB HOSTING / UB INQUIRY 000000 110.00 DEPARTMENT 19 Data Processing TOTAL: 297.11 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 25 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL_ �A NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00180 AMERICAN MESSAGING I-52907 008-50-5525 PAGERS PAGERS 000000 13.91 99-00590 CITY OF DENTON I-52777 008-50-5377 WATER TESTING BACTERIOLOGICAL TESTS 000000 132.00 99-00640 COMMERCIAL SERVICES I-52881 008-50-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 50.00 99-00790 COUNTY BUILDING CENTER N I-10018988 008-50-5360 R & M OTHER PIPE CABLE 000000 53.48 99-02260 S&S TELEMETRY ' I-INV:7220 008-50-5360 R & M OTHER CHECK WELL 5 C PHASE OPEN & GR 000000 220.00 �iII�Y�:ZiP�aFi I-INV:JB7140896 008-50-5235 DUES & REGIST R. GARRETT WATER UT. SAFETY CL 000000 215.00 I-JB7141057 008-50-5235 DUES & REGIST PUMP & MOTOR MAINT. CLASS 000000 440.00 99-07750 HOME DEPOT/GECF I-52850 008-50-5360 R & M OTHER DUCT TAPE/CORD/HEATERS 000000 308.89 9c ng770 CPI OFFICE PRODUCTS I-52933 008-50-5210 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 30.21 99-09550 SOUTHWEST CHEMICAL I-INV:82397 008-50-5223 CHEMICAL SUPP CL2 000000 1,215.00 99-11030 TCEQ I-INV:P450103299 008-50-5335 PERMIT FEES WATER SYSTEM FEE 000000 10549.76 DEPARTMENT 50 Water TOTAL: 41228.25 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 52 Waste Water Collection BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Va.._ R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00800 COSERVE I-52911 008-52-5515 ELECTRIC & GA LIGHTS & ELECTRIC 000000 689.51 DEPARTMENT ----------------------------------------------- -------------- 52 Waste Water Collection ------------------------ -............---------------- TOTAL: 689.51 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 27 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 Waste Water Treatment BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V6. ..2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-05510 IESI -------------------------------------------------------------------------------- I-INV:0003229352 008-54-5420 CONTRACTUAL S 301 JONES ST DUMPSTER 000000 81.60 99-12240 HARTWELL ENVIRONMENTAL I-INV:D07-335 008-54-5329 R & M SEWER P AUTOMATIC SWITCHOVER 000000 403.00 DEPARTMENT 54 Waste SVater Treatment TOTAL: 484.60 ------------------------------------------------------------------ 12/10/2007 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 28 PACKET: 01142 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE_ NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT --------------------------------------- 99-00180 AMERICAN MESSAGING I-52907 008-58-5525 PAGERS PAGERS 000000 15,11 99-00640 COMMERCIAL SERVICES I-52881 008-58-5420 99-00790 COUNTY BUILDING CENTER I-10019025 008-58-6020 I-10019067 008-58-6020 99-02170 REINERT PAPER & CHEMICA I-INV:210733 008-58-5245 99-02690 TECHLINE I-1627071-00 008-58-6020 I-1628080-00 008-58-6020 I-52412 008-58-6020 I-52643 008-58-6020 99-05510 IESI I-INV:0003229352 008-58-5420 I-INV:0003229549 008-58-5420 9 50 HOME DEPOT/GECF I-52810 008-58-5250 99-08770 CPI OFFICE PRODUCTS I-52933 008-58-5210 99-11310 LINDSEY MFG. I-INV:3999-00 008-58-6020 CONTRACTUAL S ICE MACHINE RENTAL 000000 IMPROVEMENTS 9V BATTERIES/WALLPLATE/OUTLET 000000 IMPROVEMENTS CHRISTMAS LIGHT ENDS 000000 JANITORIAL SU CLEANING SUPPLIES 000000 IMPROVEMENTS BALL PARK LIGHTS 000000 IMPROVEMENTS 3/8 GUY PREFORM/ATTACHMENT/ 000000 IMPROVEMENTS TAP CONNT/COVER/TRNSF/LRG GROU 000000 IMPROVEMENTS PHOTO CELL/GROUNDING LUGS 000000 CONTRACTUAL S 302 RAZZ ROAD AVE DUMPSTER CONTRACTUAL S UTILITY RD ROLL OFF MINOR TOOLS MINOR TOOLS 000000 000000 000000 OFFICE SUPPLI PAPER/LABEL TAPE/INK/BINDER/ C 000000 IMPROVEMENTS CURRENT MONITORING INSULATOR 000000 DEPARTMENT 58 Electric Department TOTAL: VENDOR SET 008 ENTERPRISE FUND TOTAL: 100.00 1,964.00 305,50 3,618.65 650.00 81.60 577.88 322.45 30.21 993.80 8,218.70 21,717,02 REPORT GRAND TOTAL: 48,893.24