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02/03/2003-CC-Agenda Packet-Regular
AGENDA CITY COUNCIL MONDAY, FEBRUARY 39 2003 7*00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: January 20, 2003 b) Disbursements 3. Citizen's Input. 4. Issue Election Order for the May 3, 2003 Election. 5. Consider and Possible Action on Presentation From Polly Dwyer Regarding the Downtown Area Ordinance Review. 6. Conduct Public Hearing Regarding a Zoning Change Request from B2 (Business 2) to SFSE (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Property is Located at 2004 Stemmons Rd., Sanger, Texas. 7. Consider and Possible Action a Zoning Change Request from B2 (Business 2) to SFSE (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Property is Located at 2004 Stemmons Rd., Sanger, Texas. 8. Consider and Possible Action on Resolution #0�: 04-03 -Setting Date, Time &Place for Public Hearings on Imposing a Moratorium on Multi -Family Projects. 9. Consider and Possible Action on Ordinance #02-06-03 -Amending the Plat and Construction Plan Review Fees. 10. Consider an Possible Action on Ordinance #02-07-03 -Amending the Ordinance on Installation of Underground Electrical Service. 11. Consider and Possible Action on Ordinance #02-08-03 -Amending the Sanitation Rate Ordinance. 12. Consider and Possible Action on Awarding Vehicle Bids. 13. Consider and Possible Action on Lease/Purchase Agreement and Resolution Authorizing Signature, onJet-Sprayer Truck for The Water/Wastewater Depart,�n�nt. Via. 14. Consider and Possible Action on Amending the Lease/Purchase Agreement for Computer Equipment with Diversified Lenders, Inc. 15. Consider and Possible Action on Budget Amendments. 16. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the conclusion of the executive session. Rosalie Chavez, City Secretary Date & Time Posted 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. MINUTES: CITY COUNCIL JANUARY 20, 2003 PRESENT: Mayor Tommy Kincaid, Councilman Mike James, Councilman Joe Higgs, Councilman Jimmy Evans, Councilman Andy Garza ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Police Chief Curtis Amyx, Court Clerk Christy Punches, City Engineer Mark Owens, James Elliot, Allen Bussell, Shelley Ruland, Don & Judy Jost, Dr. Turabi, Crystal Brown, Sharon & Jeff Miller, Ralph Amyx 1. 3. Mayor Called meeting to order, led the Invocation, followed by the Pledge of Allegiance a) Approve Minutes: b) Disbursements CONSENT AGENDA January 6, 2003 Councilman Evans moved to approve the Consent Agenda, Councilman Higgs seconded, Motion carried unanimously. Citizen's Input. None. 4. Conduct Public Hearing Regarding a Zoning Request Change from SF3 (Single Family 3) to PD (Planned Development) on Property Legally Described as Abstract 1241 in the Henry Tierwester Survey, Tract 87 & 88. Public Hearing opened. Allen Bussell, Greg Edwards Engineering, representing the developers. The property is 10 acres, and part of a Planned Development. It is a mixed -use with assisted living and offices. The professional offices are not to exceed 10,000 square feet. The floor to area ratio shall not exceed .3 to 1 total area. On the south side where the assisted living is, there will be a restaurant and hotel, the B-3 uses have been restricted to be 800 feet off of Keaton Rd. The assisted living will not exceed two stories. There will be large buffer trees with two smaller trees for each one. Minimum 20% of land will be landscaped. Maximum of 4 signs along Keaton Rd. Architecture of buildings should match the homes to the North. Have smaller front building lines, put parking in back to move further away from the houses. This is still a conceptual site plan, and will change. They will try to reduce light pollution as much as possible. The project is proposed to be phased, Phase I will be the doctor's office, hotel, restaurant and one of the assisted living buildings. Councilman James asked if there was a projected date s to when phase H would start. Mr. Bussell indicated there was not, it could be 6 months, or five years. Ralph Amyx expressed concerns regarding the drainage and the pond. Drainage discussed. Allen indicated there will be a retention pond with an agitator to keep the water moving. Public Hearing closed. 5. Consider and Possible Action Regarding a Zoning Request Change from SF3 (Single Family 3) to PD (Planned Development) on Property Legally Described as Abstract 1241 in the Henry Tierwester Survey, Tract 87 & 88. Ralph Amyx indicated he received the wrong letter. Staff indicated they did receive the correct notice; however, the form on the second page was incorrect on some of them. Mayor asked about the road not going all the way through to Keaton. Mr. Bussell indicated they changed it because the property owners wanted it this way at the community meeting. City Secretary indicated they were concerned about the kids and the traffic. Mayor indicated he understood the concerns, but felt that there would be a time in the future when they would want that road to go all the way through. He felt the road should go all the way to Keaton. Mayor felt it would relieve traffic, and felt the road should go through. James Elliot indicated he felt the traffic would increase. The delivery trucks will use the back end of that facility. Ralph Amyx indicated that Councilman James had attended the meetings, and knew how the community felt. Councilman James indicated he attended the meetings because he wanted to hear the discussion and he knew he would have to make a decision. He has heard a lot of valid concerns, and some of them he agrees with. His concern, originally was the height of the buildings, he felt the developer has done everything to work with the community. He supports the development. The location may not be ideal for the citizens in that area, but it is a good location. He felt the street should go all the way through to Keaton. He felt it was a good development, and he supported it. Councilman Higgs indicated if he lived in Snider Addition he would want an extra way to get out to the Highway. Councilman Garza felt that when the residents moved there, the zoning was single family. He cannot go against the residents. Councilman Higgs indicated he had checked with the County Appraisal District and this will not decrease the property values. Discussion regarding the residents in the area. Discussion regarding the street and the traffic. Councilman James indicated with the current zoning it could be developed as Single Family and add 45 homes which would bring about 90 more cars onto that road. Mayor felt if the project is built as presented he wanted the street to be 31 feet with a fifty foot R.O.W., and wanted the remaining area to be dedicated for future use, he felt eventually the street would go all the way through. Discussion. City Engineer indicated it should at least be considered a Collector Street which is 36' width. Discussed street width. Councilman Higgs moved to accept the plan with a street all the way through it at 36 feet, with a 50 foot R.O.W. with no parking on the street and still have sidewalks. Councilman Evans seconded. Motion carried 3 to 1, Councilman Garza voted no. 6. Consider and Possible Action on the Sanger Municipal Court Becoming a Court of Record. Councilman Evans moved not to make it a court of record. Councilman Garza seconded, Motion carried unanimously. 7. Conduct Second Public Hearing on Proposed Annexations of the Following Properties: MEADOWLANDS ADDITION, LOTS 1 TIIRU 14 (JENNIFER CIRCLE), AND ABSTRACT 29, TRACT 74, BEING 8.751 ACRES, AND ABSTRACT 12419 TRACT 441 BEING 2.50 ACRES, AND ABSTRACT 12419 PART OF TRACT 479 BEING 18.03 ACRES, AND ABSTRACT 299 TRACT 61, BEING 24.31 ACRES, AND ABSTRACT 29, TRACT 60, BEING 25.22 ACRES. Public Hearing opened. No Discussion. Public Hearing closed. 8. Consider and Possible Action on Presentation by City Engineer on Phase II of the Street Reconstruction Project. City Engineer Mark Owens, addressed the Council on this project. He indicated it has basically been approved. The first phase is almost complete. Mark showed a map of the project and expressed he wanted to bid it out at unit cost, not to exceed what is remaining from the Bond Funds. Discussion. Councilman James indicated the project looked good, and expressed concerns about the asphalt up against the culverts, felt they would lose the asphalt. He asked if they were going to correct it on phase H. City Engineer indicated they kept the first phase small so that they could iron out concerns. Discussed fixing the problem on the South side of Willow Street. Councilman Garza moved to bid out phase II, Councilman Higgs seconded, Motion carried unanimously. 9. Consider and Possible Action on Ordinance #01-02-03 -Amending the City of Sanger Zoning Map. (Utility Park, Lots 1, 2 & 3) Action taken with Item #11. 10. Consider and Possible Action on Ordinance #01-03-03 - Amending the City of Sanger Zoning Map. (Plum & 10' Streets) Action taken with Item #11. 11. Consider and Possible Action on Ordinance #O1-04-03 -Amending the City of Sanger Zoning Map. (GNB Bank) Councilman James moved to approve Ordinances O1-02-03, O1-03-03 and O1-04-03 as presented, Councilman Evans seconded. Motion carried unanimously. Captions as follows: ORDINANCE #O1-02-03 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM AG (AGRICULTURE) TO I4 (INDUSTRIAL -1) SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. ORDINANCE #O1-03-03 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM I-1(INDUSTRIAL -1) TO MF-2 (MULTI -FAMILY - 2) SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. ORDINANCE #O1-04-03 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM I4 (INDUSTRIAL 1) TO B4 (BUSINESS - 1) SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT, 12. Consider and Possible Action on Resolution 001-03-03 -Setting Date, Time &Place for Public Hearings on Proposed Annexations. Councilman Evans moved to approve Resolution #01-03-03, Councilman Higgs seconded, Motion carried unanimously. Caption as Follows: RESOLUTION NO.01-03-03 A RESOLUTION SETTING A DATE, TIME AND PLACE ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGER, AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS 13. Consider and Possible Action on Issuing Waivers on the Lot Size, Home Size, and Exterior Facade Requirements for the Grant Funded Homes City Secretary indicated the City had applied for a HOME grant and got funded, the homes are not the required size as in our ordinance, they will have driveways, and possibly car ports. Discussion. Councilman Garza moved to approve the waiver on homes being funded by the grant program. Councilman Evans seconded. Motion carried unanimously. 14. Meeting Adjourned. E:%�.�j'�i.l;;i'i..1�'T � � �:'.��! I`•aLi�3 !..i��.•'.�;i..,3•i,;t�;.i .�.G71'�1 Of VENDOR TOT a ALL REG: CHECK 99-0ruS O BAKER € T AYLOR WL ACCOUNT ji!��i 4l'tl„i� VENDOR TOTALS 53--�0?3� RILL �aTTER FORK, IBC, INV 18789131 DOOR HANDLE G/L ACCOUNT �;.-,n M 58-5325 VENDOR TOTALS %—01"�450 BURRI S INV 3892`0 CAT FOOD LITER G/L ACCOUNT OG 1 22-ll 848 INV 58921 CLEANINU SUPPLIES G/L ACCOUNT VrG1 44-5cF'T1 VENDOR TOTALS i�l1B;�J R LI�r4%LK+i'J #?riOUi T —t ?4 17 3DAYS Rtu. CHECK OUFAT 159 DOOR HANDLE REG, CHECK Af�0U1�T 5@1r 51 CAI FOOD LITER GHD199 R O/04/8t?171? A%OI NT 4n88 CLEANING SUPPLIES REG. CHECK C. i7l:::t'.I:C); t ; 1:t:,al..1Fl:1 i�: x:; �G4�=4CR F:04, 34CR �59CR I�r, En 1 50 51CR 4. 8CCR 55.3?CR th, !4� 1-30-8003 04:07 PM VENDOR SET; 99- BANK p VENDOR ITEM NOB DESCRIPTION 9M2460 C114GULAR WIRELESS INV 3B4,=a CINGULEAR WIRELESS G!L ACCOUNT 008 i5-55i0 001 24-5520 008 58 SSG 7101 325520 E001 2A.'5 P� L 001 36-55r'10 008 3&- 5520 VENDOR TOTALS 99-00580 CINTAS GOPR, #492 INV 492P*2403 SHOP TOWELS G!L r4CLUMUNT 001 36 5 65 1,08 vib -56:65 VENDOR TOTALS A!P PAYMENT REPORT VENDOR SEQUENCE BA lK CHECK STAT DUE D T DISC DT AMOUNT 72A MOBILE PHONES 72 45 MOBILE PHONES 170,6c MOBILE PHONES c7, 8i 140BILE PHONES 643.89 MOBILE PHONES 38e41 MOBILE PHONES 58,41 2109 REG, CHECK AMOUNT 1 i, 95 SHOP TOWELS ii.95 'SWOP TOWELS REG, CHECK 99-00=9'0 CITY OF DENTON INV 38958 BACTERIOLOGICAL TESTING GNB9S R 02110412I003 G/L ACCOUNT AMOUNT 008 5M377 105,00 BACTERIOLOGICAL TESTING VENDOR TOTALS REG. CHECK 99-053J;0 COMI BLIAL ?OUT INV �r269ui94 PRESSURE SMJITCH GIL ACCOUNT 008 58-5280 VENDOR TOTALS GNB99 R O!��4!E'E�03 AriOUNT 244,00 PRESSURE STITCH 8a 50 PRESSURE SWITCH GROSS BflLANCE 866.8�' ai c3,90 575.50 >n REG, CHECK 6°7R, 50 PAYMENT DISCOUNT �u�a c�CR 865, 6'6CR CfrO0 6'3:';IOGR 8� e, 90GR 0, 00 i 05, 010C:R i05, Ot�GR PF;GE A S OUTSTANDIfiT3 O.OG 1P3O-2iiO3 O4:07 PM A/P PAYMENT REPORT VENDOR CET: 99— BAN1K s VENDOR SEQUENCE VENID0R ITEM NOR DESCRIPTION BANK CHECK SAT DUE Di DISC DT 99-08770 COMPUDATA PRODUCTS INV 3$903 EPS PRINTER C62 PHOTO GNB99 R ;O/04/E�103 G/L ACCsOUN1T AMOUNT >08 19-6010 99499 EPS PRINTER C62 PHOTO VENDOR TOTALS REG, CHECK ariaOWO CONLEY SAND GRAVEL IHV 3c4®7 12 TOWS FLEX ! BASE GNB99 R :S/O4/P003 G/L ACCOUNT AMOUNT 008 50-5360 11173,52 1e TOMS FLEX / BASE INV 3231 CONCRETE GNB99 R 2/O4/2O0 G/L ACCOUNT AMOUNT 001 30-537O 125,00 CONCRETE VENDOR TOTALS REG, CHECK, 99-09660 COS?TINENTAL BATTERIEC INV 6G323 BATTERY G/L ACCOUNT 001 jO0 51025 VENDOR TOTALS 99-00650 CONTINENTAL RESEARCH CORP INV 165955 ODOR GRAINS G}}/Lyy ACCOUNT VENDOR TOTALS t9i'jB9 �} AN1uUN1T .26a 9"0, BATTERY REG. CHECK, R E104/E.0O=t GNdB99 R F'/O41c003 ANIOUNIT E50a%0 ODOR GRAIN! REG. CHECK, GROSS PAYN1Mi 10TA1dDIN O P,ALANCE DIISCOUNT 99.99 '99a99CR 99, 99 99a 99 99, 99CR t0a 00 99a 99 0, 00 Iq 1rGa 5L I91rL, �ECR 1 17c, 50; 1ci, Ot0 1F:5a CnOCR 1 c a tO0 1�S97a5S 1,c97a5GCR s�ta�s0 1, S97a 5' 0a 3u c6a 95 Es�a 95CR c'6a 95 0.00 ;S5%.t, 00 P50a OOCR S5t0, Die S'SEta 00 S:50a OOC:R ��, rho S';,Oa i�ii t0, saint 1p,:,0—�.003 04Q1 PM VENDOR SET: 99-^ Bpi 'K: VENDOR ITEM NOS DESCRIPTION 99- 08880 COOLEW S COPIES INV 4578e 500 DOOR HANGERS C!L ACCOUNT 008 VENDOR TOTALS 9W8460j DELI COMPUTERS INV 21552316 DIMENSION '2350 G/L ACCOUNT 008 19-6010 INV G'174Jc315 DIMENSION ir3510 OIL ACCOUNT VENDOR TOTALS A!G PAYMENT REPORT VENDOR SBJUENCE BANK CHECK, STAT DUE DT DISC DI CNB99 R Rl04l�:003 Ai COUNT 104, 50 500 DOOR HANGERS REG, CHECK Ai 1OUNT AfriOUN I I,S v00 DIMENSION 2)350 REG, CHECK, 99-00790 DENTON CO BUILDERS SUPPLY INV 10001180 CHAIN, HOOKS,LINK,S CNB99 R E!s!�4lSC:03 C!L 8CC4:;IJ,',T AMOUNT 001 3'0-5C:50 34.66 CHAIN, HOOKS, LINKS INV 100.0129 NUS • WASHERS GONG 9 R 210412003 C!L ACCOUNT RMOUNI 001 20-3310 137 NUTS C WASHERS VENDOR TOTALS, REG. CHECK 99-20860 DENTON TROPHY HOUSE INV 4250 10 PLAQUES GNB99 R 2l04/2003 >a!L ACCOUNT AMOUNT 001 ;'4-5260 J,60,00 10 PLAQUES VENDOR TOTALS REG, CHECK CROSS BALANCE 104, 50 104, 5t3 104,50 104: 50 1, ,38, 00 569. l0 F'AYi L,I DISCOUNT 104. OCR 1.03ie00CR �:, a69.00CR 34, 66CR 3,57CR 160: 00CR GA�3E: 4 OI�T�TAVIM1110 1-3�-2GA3 O4s 7 PN A/P PAYMENT REPORT VENDOR SETS 99— BANK , VENDOR SEQUENCE VENDOR ITEM NO4 DESCRIPTION BANK CHECK STAi DUE DT DISC DT 99-03990 DENTON YAFAIUh INV 13070 2 VACUUM CL EANERS GNB' 99 R 2/O4/ G�L�3 G/L ACCOUNT AMOUNT 001 15-5310 17100 O VACUUM CLEANERS 008 13-5310 17100 F' VACUUM CLEANERS 00i 4U-5310 350a 00 S VACUUM CLEANERS VENDOR TOTALS REG, CHECK N3 081€F,I? FIRESTONE TIRE. INV 38810 F TIRES GNB99 R F'O4/�-.'�903 G/L ACCOUNT AMOUNT 001 32-5325 1_c8.'150 S TIRES VENDOR TOTALS REG, CHECK 99—??25B INTERSTATE BATTERIES '=(lV 5°GDlc57 rE BATTERIES GNB99 R O1E34/c'% G/L ACCOUNT AMOUNT 1?01 30-535 2ffl; 9O _ BATTERIES VENDOR TOTALS RE.G, CHECK 99-C49'34t9 j RANDY THUi�PSON INV 1985e BEARING PACKER, SILENCER BAN 0099 R ;m/G4/e0O3 G/L ACCOUNT AMOUNT OO1 3&5375 27.91 BEARING PACKER, iLENCER BAND 0@8 3G-5375 57.97 BEARING PACKER, SILENCER BAND INV 38809 COMPUTER SCANNER GNB99 R c/O4/�:;'C�O3 G/L ACCOUNT AMOUNT 001 36�5375 11349<55 COMPUTER SCANNER 008 3C-5375 1,349,54 COMPUTER SCANNER GROSS BALANCE 7OO.1G cO9. �tr'f ck', `4✓f 55.94 55.94 '', c, 699. l C i99.6�t� VENDOR TOTALS AEG. CHECK F:,754.94 PAGE: 5 PFiY�iLN1 UiTSTHNDIft DISCOUNT 1d�8, O�3CR iRB. OGCR tl, O�� , iLAX EO". 9GCR 9, r,99. k OCR F=, 754.94CR w�. CEO 1_3,0_.00031 049907 Phi VENDOR SET; 99- DANK: VENDOR ITEM NOR DESCRIPTION 99-1Ci370 JOANIE SACKETT Ri,R INV 3899E' ASSAULT EXAM G/L ACCOUNT O ii 0-5375 VENDOR TOTALS '�9`1?�94�:0 KEPa 4�IL�C4N INV 3614234' REPAIR HEATER G/L ACCOUNT 001 44-5310 VENDOR TOTALS 99_x9050 KENNETH D HARTLESS INV 38913 JAN COURT G/L ACCOUNT 001 26-5420 VENDOR TOTALS A/P PAYMENT REPORT VENDOR SEQUENCE P'ANK CHECK ;TAT DUE DT DISC DT GNI�99 R 3:I04/c:003 AMOj NT 35i& 00 ASSAUL T E:xAM REG. CHECK GND'�9 R �'l041�:n03 A iOUN T 147300 REPAIR HEATER REG4 CHECK GiIH99 R C'!04l�n003 At'1OUNT 600,1307 .'Ala COURT REG. CHECK 99-09210 KWTK KAR INV 1i074566 INSPECTION & WIPER BLADES GNA99 R E/2?4/2003 G/L ACCOUNT AMOUNT 003 585 0,v48 INSPECTIDN & WIPER BLADES TINY 1074773 5 INSPECTIONS G/L ACCOUNT AMOUNT GNB99 R iO4?' 001 001 0-53« 5 001 JOF 5325 006 39, 5 31 50 50 5 5 a I NSPECT I ONS INSPECTIONS INSPECTIONS vii0? Z 5325 39a W 5 INSPECTIONS 001 36-5342*5 @08 OIF3325 f9.15 f'9.73 5 5 INSPECTIONS INSPECTIONS VENDOR TOTALS REGs CHECK PAGES 6 GROSS FHTNENT OUT::TAe U1Nb I?ALANCE DISCOUNT 350,00 350z00 0400 f 470 0�'+ f 47. �'iOCR 1?t7. 00 147,00 f47OOCR 1?t7o00 v�.00 600.00 00 57, 46 57s 46 6:54A 9E+ C�5't. 93 600, kiOCR 6010, OOCR O, Civi n, vt0 57.43CR �r 19 50cR r �5493CR 00 00 0.Oi0 }-30�3�G03 04:01 Phi H/P PAYMENT REPORT VENDOR SET4 99— BAfidK,o VENDOR SEQUENCE VENDOR ITEM N04 DESCRIPTION BANK CHEOIK, uTAT DUE DT GROIS DISC DT BALANCE 99-01500 LAWSON PRODUCTS INY 388100 BU: BS, BA T T ERY CLEANER, T APE, M GNH99 R S/v34rc013 163, 04 G/L ACCOUNT A14OUNT 163, 04 00+1 20—jg �' 23x29 BULBS, BATTERY TERY Cl EHNER, T APE ,1411S 0�01 �'4-'53 5 c3: 29 BULBS, BH T TERM CLEANER, TAPE., fiii5 001 30-5355 C3,c9 BCJLBS,BATTERY CLEANER, TAPE,KIIS 008 50-33E5 23x29 BULBS,BATTERY CLEANER,1HPE,Ir1IS 008 54-53E5 0;3.e9 BULDS, BATTERY CLEANER,TAPE,NIS 008 58-53E'5 33F C. i B(,1L8S, BAT I ER`r' CLEANER, TAPE, MIS 001 36P4 532i 11,65 BULBS, BATTERY CLEANER, )APE, €flip 008 36-5k I I1 t i. BULD:IJ, RA'1 TE1tY CLEANER, ! HPt, K� I a VENDOR TOTALS REG, CHECK, 163, 014 99-10880 LOOKOLiT BOOYS INV 5169 7 BOOKS C/L ACCOUNT 001 42: 6050+ VENDOR TOTALS 99—a:1157�G l_O'NE� S COi�F'AfdIES, IP?i:`, GNB99 At10UNT 157,65 7 BOOKS RE+G, CHECK I(dV 38950' DUCT 9 IiEHT TAPE, Ifi~lSLiLFiTION GNB99 R k`t04r c0O3 varL A! COi!��T AKtOl1NT 008 50-5360 90, 3 DUCT & HEAT TAPE,INSULATION VENDOR TOTALS REG, CHECK '99—=G485'0 11ICR0 fi<'�HRKETiftlG ASSO�:, R �—'1O4Ic0�O3 tG/L ACCOUNT ANOUI'dT 0Oi 42_ 6=150 6185 BOOKS VENDOR TOTALS REG. CHECK 163, 04 157.65 ?57.6�i 157, 65 1�'rao5 f�s L,3 15'1x t'cJ .1�Us C3 69, 85 69,85 PAYi4ENT DISCOUNT 163,�04CR It,3. C�4f_:R vt: tn0 157.65CR 157, 65i�R kip Okt 90, �'3CR '30x E`3CR 69o85CR 6'�, 85CR Ox tG0 F'HIGEs 7 Qu1STANOINu k, Oil 1..31clt 2003 0 4r AQ47 Pik VENDOR? SET: 99- BANK = VENDOR ITEM NOR DESCRIPTION 99A7210 NOT OROLA MY 05192211 REPAIR PAGER G{I_ AC%OUNT VENDOR TOTALS AIP PAYMENT REPORT VENDOR S4QUENCE BAE,K CHECK STA T DUE DT DISK DT GNB99 R '/k4ic:00�:� AiIOIUNT 00 REPAIR PAGER R G. CHECK 36. ua0 99��t1800 NU T R AG?:��JCY, INC. 1. V 38998 NUTAR'� BONDPUNCHE5 t NB9'j R 'el4(c'nZ 4/L ACCOUNT ANOUN i 001 216-5235 71.00 NOTARY BOND PUNCHES VENDOR TOTALS REG, CHEE•r, � A51A N T F E'NA INV 38391 8003 DUES AC COLIN T 001 24w5235 VENDOR TOTALS 99-01860 NATIONAL GEOGRAPHIC INV 38914 BOOKS G/L ACCOUNT 001 4I0 650 VENDOR TOTALS 99-0014t; NATIONS RENT MY 103 10 SAS! BLADES G/L ACCOUNT VENDOR TOTALS Gf9B99 AE OL iNT _C,00 003 DUES REG, CHECK R SiO4JC003 Ai10L�i'dT 46. E'CBOOYtS REG. CHECK AMOUNT 59,98 10 SAO BLADES REE33. CHECK 71.04� 71. C0 R5.3m,C� PAGE 8 GROSS F147ITiENT �OLITSTANDING DALANCE DISCOUNT 36.00 36.OnCR 36.00CR 46. SO 46. E:0 71.Oi!CR 71. Ct�CF; c5.00rCR 46.cOCR 46.8CtCR 59.98C•R 59,98 59.98CR 59.98 0.00 ta,, 00 1-30 0 003 04;07 PM A/P PAYMENT REPORT VENDOR SFT: 99— BANK: VENDOR SEQUENCE VENDOR ITEM NO4 DESCRIPTION BANK CHECK STAT DUE DT DISC DT 99-01830 NOHEX COMMUNICATIONS INV 8770 PROGRAM AL4TO ATTENDENT GNB99 R 2/04/5003 G/L ACCOUNT AMOUN I 001 15~5310 37.50 PROGRAM AUTO AITENDENT 0 1 ,JS Qfu,50 PROGRAM AUTO AITENDENT VENDOR TOTALS REG, CHECK 99: 08690 O'REILLY AUTO FARTS INN 3544597 MUFFLER GNB99 R r'/04/cw003 G/L ACCOUNT AMOUNT 008 W75205 51.99 MUFFLER INN 38808 DISC PADS,AIR FILTERS GNB99 R 8/04/801WA> G/L ACCOUN i t IMOUd I 601 24—a3 5 39.81 D1 A'Atf5;1iIR FALTERS 0108 W5325 1 225. 97 DISC PADS,AiR FILTERS VENDOR TOTALS R'TG C_HE9CK 99—KIOO OUR DESIGN'S INC. INV 1058669 FIRE DEFT AWARDS G/L ACCOUNT 001 24-5220 t%01 c:�-w,cSJ VENDOR TOTALS 99-2150H THE PFNWORTHY COMPANY INV 38824 12 BOOKS G/L ACCOUNT 001 4C6050 VENDOR TOTALS Gi'd£199 R E/E�4/cOT�3 AMOUNT 17,95 FIRE DEFT AWARDS IGZ80 FIRE DEPT A6'ARDS REG. CHECK AMOUR! T 185.38 12 BOOV;S IREG, CHECK GROSS BALANCE 75. iaFO� 75. _ 0, 51.'39 51.99 165.78 ? 65.78 18F+. 75 i 80: I 185s38 �'AYMEtfT DISGOUf T 75.00CR 75.OF3CR 51.99C.R 165.78GR F:17.77i R ?. 00 180.75C�'t 1�:,;0.75CR 0.00 185.38CR 185.38 1=+5.38GR 185: 38 0. �'li�i s='FACE: OUTaTi4p1DI(,40 1-30-2003 04:07 PM VENDOR SET: IT'3_ DAM VENDOR I T E14 NOW S`a—m_�5v70 F'i{ IN, DESCRiF'TION INV 177214 ' CASES SLICK; G/L ACCOUNT 008 5k9 53, ,0 VENDOR TOTALS INV :8418 POSTAGE G!L ACCOUNT t?rt�t4 t i-9 r U+ir+B 19-5c'c`�0 001 26 54r2rS0 008 10-55`S:0 001 IN -52L20 VENDOR TOTALS INV 389951 SULLIVAN CENTER BOX GiL ACCOUNT VENDOR TuIALS AiP PAYMENT REPORT VENDOR SEQUENCE BAPdK CHECK. STAI DUI DT DISC DT �a1d899 R G104IS003 Ar�OUN T 23188 S CASE'S SLICK REG, CHECK GND99 'DUN I 35.71 POSTAGE 35171 POSTAGE 7 z. p -i� , -i P �.�MTrf o n GE ��. 71.42 POSTAGE 71z42 POSTAGE 71:42 POSTAGE 35.71 POSTAGE. �< t 3 I-iDSTAK 71.48 POSTAGE REG. CHECK R c°; 04f8'003 A�3+AUNT 48400 SULLIVAN CEi'TER BOX REG< CHECK CROSS BALRNCE 239.88 R39,88 500. cr'j 5,00 48<00 99-01 QUILL INV 8239 89 BINDER, FOLDERS, PENS, BOXES GNB"99 R 4®IZ4IC0!0 ; 348. 01 GIL ACCOUNT AMOUNT 341 01 008 15, 5210 FJBZ ulh l c n§ 3 OLD> R , ri , 80XE � a8.3-:3 BINDER, FOLDERS, PENIS, DUXH 0trt8 i �-5'1�0 G133 AINDER,FOLDERS, r'E`1S,BOXSS i00+1 104-521 Ot G8. 33 BINDER, FOLDERS, PENS, BOXES 001 2MER111 1.76 LBINDER, I.OLDERS, PENS, BOXES PAYIr;Lill 1 DS COUNT 3'9.88CR E39.88CR kj, i01�'1 lei {�llT STAi`,D`1NG 0, 0tr, 48.0C CR 8.00i;R }fl.+0+ir 1?i, 00 348, OiCR 1-3V 04 C>> 1�1 P1 VENDOR SET, 99— BANK VENDOR ITEM NH DESCRIFIi� H pe 21 5 1 VENDOR TOTALS 99-02140 RADIO SNACK I I IV 38972 P0W,ER 'tiTF'IP GIL ACCOUNT 0i0'1 20—a311 VENDOR TOTALS 99-054.A0 (�W �' RAPNGER RICK I NV 3p3915 SUB C R I T I GrL ACCOUNT A1P PAYMENT REPORT VEWOR SEQUENCET�A1 K CHECK STAT DUE DT MSC DT 3 , 45 EIP0!DER, FOLDER'', PENS, BOXES REG: CHECK. GiNP99 R �a'r04iO0C�3 Ai OUMT 49a9° POP;ER STRIPREM. ? NECK OUN 01 4 -5217,000 SUBSCRIPTION VENDOR TOTALS REG. CHECK 99-08030 RELIABLE OFFICE SUIPPLIEO IPJjI U?7 � 9OXE) CALEPNDAR,BINDERS, DISKS 6M 9'9 R 21104r�OO.; G/L ACCOUNT AMOUNT 001 30�5210 122,99 BOXES, CALENDAR, BINDERS, DISKS VENDOR TOTALS REG. CHECK ;9-i22 0 ROADRUNNER TRAFFIC SUPPLY INV 45E'S8 4 SIGNS GNB99 R 21l04r621003 Gr!_ ACCOUNT An IPNT 01 3 53D0?1 79489 4 SIGNS VENDOR T Ks I ALS REG. CHEC!; RAGE; 11 GRASS PAYPILM OUTSTANDIPNG E�ALANCE DISCOUNT 34Da C�1 3 4S, ak'_C:R O, OO 41 17. G� 17m R���CR 17, �1tCt ION to 79, �a 79, sacR 79, DS 79= 9DCR t9, OC7 1-30-2&13 04W0017 PH A/P PAYMENT REPORT PAGE l VENDOR SET0 99— DANK: VENDOR SEQUENCE VENE10R ITEM NOR DESCRIPTIOtt ANKCHECK STAT DUE D1 GROSS PAYMENT 01 IT G` T A MIDIN RISC DT BALANCE DISCOUNT 9 i0l4d2"S'J' SH111GER CHAMBER OF COMMERC INV Ai:4 1 EMBERSHIP Gi�t'�S.^t R 2,'Q) 1R�G3 C65, Giza L65. G��CFi C,L ACC:GUP!T AMOUNT :'QJ W,C7 8 58`.SC, 5 2b 0 ItIF I13;ERBHIi-' VENDOR TOTALS REG, !.HECK C65,y1t/ 565,GskCR �% kO EaCa 00 !iiUl 02050 SCHL!UTER ENG, k, COM114 INY 16515 EHATTERYCARRY CASEpHOUSING UENBg9 R C'/04/2003 20, 00 204a00CR G/L ACCOUNT AMOUNT 21O=t, OG 0011 :ll0-15310 204; 00 BAITERYp CARRY CASEp HOUGlN INN 16527 � RADIOS I' � ;; 6 i43 1C RAD OS andB' R �,. ' 4/6_ _a G/L ACCOUNT AMOUNT 011! crr— plti : ?'0Of 011) Div RADIOS VEt.!'�tUR TOTALS f ALS REG. CHECK imp a 04a GO , '@l t E?11 ;, cp 04a 01mg 119 =85 C SMART APPLE MEDIA V 058544 5 D_tf' Et R 04/ 1112a75 11' 75R G/L ACCOUNT A`r'EOUNT 11Ga75 01 4 6x041C1 ,I 75 5 BOOKS VE}TUOR TOTALS REG, CHECK 11Ca75 i1ca75CR �l,vi7 1142. 75 cis k+O j.}, — INV WEN 15 Srlt`1G's_E F'' A'fSE BRACKETS Gi°aD9'G R 2 04iS03'l 3WL50 3iL�l 510CR G/L ACC{ UNTI AMOUNT 3 10 s 5141, 01118 A-ulmrl'C�+ -6 a 5C+ 15 SINGLE HASE BRACKETS INY 141625k S SROR T!_lGHTS i;HB99 R C'104/2003 i, 811160 1 p 61946CCR G/L ACCOUNT AMOUNT 13 8194 60 G1CD E...GGFv_t it819,6Ce 8 S10ORTLIMi'3 INV 1602404 40 ADAPTERS Gha091 R x If' 04f2:GC+3 W? 40 16a40CR G/L ACCOlUiNT A ;0UN 1R'a A "is 58-AIGOC:G 18, 40 410 ADAPTERS E"3, .-'JG 301 2.GG AMP SURD tff- Er ..A,Fs C:NB99 f: :/k _ u 1, C 0 1, 0(7ba 00, G/L ACCOUNT AlilliU tT l p 056a 00 OO8 58 6 1t 3 1, P ;E yl. 3W �00 AMP URD METER BASES 1-301-2S :� +3 f?,4xvjri! Fi A/P PAYMENT REPORT FACE13 VENDOR' 1'E 1 i ��- ERAIqK VENDOR SEQUENCE VENDOR ITEM NN DESCRIPTION DANK CHECK STAT DUE DT GROSS MSC DT BALANIi.E �>�k�'.i'iD TOTALS YiL�v'+ i�Eua CHECK =f q4; 50 ';'�--'<i6g71� i E?:AS 1iE 1 ER & SEWER CO IIaU l�:'�_'1ut �:,r'ARP SFlOuIER,SNOi�EL,SEITERS 6318'39 R �,?1�41C:�i�� i,>.S!�,� O/L ACCU!}z i HIMOUNT II164.10,011 918 M :N I;1E4a 10 SHARP 64HOIOTER,"HI "HOVEL, SET iER.b I.NV 16:cc13 GLUE, METER R; KIT M,0Q`j R C'/04/2003 405a69 G/L ACCOUNT AMOUNT 1105, E9 Ggii%i! S F-� UE=C 403; bq GL! EI ME I ER K I i INN 16 '48 10 3r14 ANGLE YALVE GF7 R 2/G4/cC7'I�3 161051191 iE/L ACCOUNT AMOUNT ii=6.10 0�08 518--"&06; 1:6,1i11 1d) Jf4 AN 111W 1NV 122361 2 8Y2 SADDLES iGNB9'D R E/ ,4/C't31?3 1l :4>3 G/ i gCCOU'1 PI'iOUNI i 173, 3, 481 0*06 vjj 5360 1714,3 c U2 'bI DDLES INN IECM5 SUN [:IMAMF':STEkL CC.11_IF'1_INGS CaNB91j R 416;A I IL ACCOUNT AP=ii311i° T 416=. bit OC18 50,_5'bO 416404 REDS CLAiINIP, STEEL COUPLINIUi VENDOR TOTALS REGa i NCC:F; c, 3c5. u1 �y 3ea,�3a wi '?9-0286.0 TUT TI_E HUTING u AIR IYdV 147:G REF'A1.R HEAiI..R ia? L A>,t,OlJfl� I Nil cc; fjo�" 'IVEN1D !UR T 0 i ALS Oy 46 1, DEP1 Or HEALTH-046,01 INIV .;8E,64 ACO MANUAL i / i_ ACCOUNT o it ;',j�5 '48 VENDOR TOTALS nilUlJi1I° 4S,50 REPAIR HEATER REi ip CHECK 1a�1800 i{ tn'?ft�41%���' 1Ti;l:'LihaT 3?aC8 11'.O MANUAL REG. CHECK AAYC ILN I D I SC0uN T c,-+ 1�i4: Ji7� R !%f, x%ItZ) 1;164a C:,��CR 166a10CR 173.48CR 4a6!a 04CR OUTS i HAI Ij:ila y ;i?!.. 5.7 }'Ir VENDOR 'GET: SS_ BANK VENDOR ITEM N04 IiUvWl'V I JI.il'i �0"�iL.7ltfi la��iir Tr;IiMiTi' INN 270210 �'ADMINISTRAT11YE FEE blf ACCOUNT 008 507` 4Dvi INV MAN VsOLUit1E iGEi A1lO U/+ ACCOUNT 008 50 5A, G f+bu,G— 4c VtNil[Jtt suTALu PAYMENT REPORT VENDOR EQUENW? K CHECK; STA T tills D T toIS;G DT t'I fOUNT 1,041a00 lDMIINIS RATIVE H- Gl'yM R 21/k41tt�t� ACr10U IT ci4Gfaa!1!0 V }LUME 7 500CIO DE SAND RE , CHECK ;':i .;;iS:9;�i� VERI'1ER CHEIiiICAi r— -, rr I V 11 W ROUND UP, CHERRY' DEO GNBrn G1L ACCOUNT AIM10uNT I NV 11711 i CASE DE—TCf:R GNSSS R *2 W412Ol I G11— ACCOUNT Ai' DUNT Ga`+4 i C.(1SE DFICER G�1 L a:=,;a Sa 't 1 C A ISE DE—IICFR ik31-53L0 ?,a 54 1 CA E i}L—IkR 008 ii—Z)iE Gx 514 1 CASE Ci£—ICER [ Liu 5i -5SE5 va -j4 1 CASE DF I CER OM aE M cJ 27 _ CASE DFiCER VENDOR TOTALS RM CHECK q'ar_i'}C,311clfh y VIDcu itr 4: T !. iI'4�? INN S; TIS24 VIDEOS rG/L ACCOUNT El VENDOR TOTALS G1dNSi9 Ai 10t11I i HMO S VIDEOS REG, CHECK GROyS BALANCE ig�4lal�r� 1�541aCu Sj SSua ViG 11, S 7a 00 tlGa ^ts =9a R4 F'AYl cPdT SCOLIN I 1z 541: �b%�CR i1,S?7,i�GCR v p a 01 }�UTSTA�7tiI�J�; 1 u'..�,, 04 �c w3 o'v'( 1-'fi1 VENDOR SET: 09-- BANK VENDOR ITEir1 ,lOi1 M614RIPTIUH `�9-4�c9?��+ '�I3�iitl0 OFFICE P'R01�iT3�T`S ? ' PAY11011T R'EFORT DOR SEiIT!11ENCE BAtTN, CHU.'K. ';TAT AiJE D T DISC AT Ii3,� �;r1L� 1�7 L NitL �'ACiilfi�E T;�P`E Gi�IES'� R �I�7L/:��k�d G i'L ACCHUNT A10IJ"T 008 5&5210 C1 10, 101 LABEL MACfflIIF iF�>_,L 009 58— 421N 1, 43 10 LABEL MA a'MLIF TAPE C/L AjCCO Ni ;'rllL1C�1 001 1J,-5�'EO �.?a C':O iAILIk1t� LABELS3010 MAILING LABELS I:'APT[,%OIt i�is�LS I1}iU i��?14 OIL, AIR,FLiEL FILTER;; C/L ACCOUNT 0')1 210-EEma 001 30 53 ,C :2=m E4`2?u 0,0p 5325 � .� au�-,�u_��a 001 uC_Cymar ?7x ,fj, 5522 ii'�U 1S�r�' OIL � AIR FILTER= G,'L ACCOi�;°11 OL11 F:C+®5'c:Ek 001 008 vEs ivEO . _ Ik�� 1SL„ OIL FILTERS O;`L ACCOL itk'T 4 01 i`�� 4 — 01 ,'.jln --Z5 08 c -4 C.-D r;i IIFJT RLu. �_:�iECN E,,1u �:�IL, AIR, FUELF'I?_TER°S E.a10 UIL,AIR;FtE1. FILiEiR-114 16 OiL,AIR,FUEL FILTERS s . Ifl OIL, AIR, FUEL FILTERS u.16 OIL, €T1R:FUEL FILTERS lu OIL, AIR,FUEL FILTERS �.07 OII.,AIR, FUEL FILTERS 3.P�7 OIL, AIR,FUEL FILI S �31iOL PT T F,E? OIL_ & AIR FILTERS c. ? 0 1 L & A 1 R FILTERS 2.F7 OIL F>>. AIR F.iTERS yi OIL & AIR NU ML s-�1R FILERS a,2? _ E.27 OIL 1 F?L€EryRS 1414 111L & rA��IR AIR FiLIE Q 1,14 s.11L AIR FILTERS P;"sI ##%itiT 4= 7E 0 1 L FILTER;; 4; 76 OIL FILTERS „!G �11L F1L1LR15 a it 01_ 1711TEP-, ;.7E OIL FILTERS 4. tm, OIL FILTERS CRO ,a N? �E t 3�1a'r k? is it ilI 1a I SC1 i,TT T 1i?Ii>,?�RCR 4?, itECR F 0 Oi?TSTHNVINE it ilI 1a I SC1 i,TT T 1i?Ii>,?�RCR 4?, itECR F 0 Oi?TSTHNVINE coal VE11lli0R VEIN 1014 EDHCRIP3I=ON GALS VENDOR TOTALS ki13 0 2 14EGClD ? c• C if i:011AI ECT Ru IIfL AfC{MUNT VENDOR TOTALS FAN PAYMBIT ME VENDOR SEQUENCE DiriC. DT S cm39 OIL. LIL ER0 NECK P COUNT Lire:a+' ®nEJ lLi1;1C!FYi TIsR• Rcs CHECK PFi� L; 16 AL NCE DISCOUNT Ei' }A 1tit Ji 44x02T ; CIO 4tm s't1 .LJO - Ji.a Alt l 'i7 A/P { `I;Y IIE4'I i R I'Uit i I''AGE c ! VENDOR SET; 9q. FUINID DiEf jJBIIi ION FUND N04 FUND NAME AMOUNT 1?(k3 I 'aYWi`+ R ! EI%i'D 9j. a;;i1:R ENTERPRISE FUND TOTALS :.a. .',s3ati.w� CR 71YPE OF CHECK TOTCiLS GROSS PAYMENT 01TSTANE)1r,G jai i=sDE R ? LA SCE %°Ji C)L II T 0,s 0 0 iF0 D L/�IL =1�a iPi'I re iJs �l 0l ?yl, .i 1 k a 1 1;j [�1; 0, REi:i"WFIFEl. KS 34, G%10, i �ONH HEi KS 0 C10 iris ill01 00 �a ZawF�,�iIALL CHECKS b FJ�Qcis HI l ?4�6 r4a.)7 ol010 ERRw9Ra: 011 ,i 3 9. iwi ORDER OF ELECTION FOR MUNICIPALITIES An election is hereby ordered to be held on -_ Mnz 3, 2003 for the purpose of: (date) Electing three (3) Councilmembers arly voting by personal appearance will be conducted each weekday at City Hall, 201 Bolivar St., Sanger, TX 76266 (location) Recommended but not required between the hours of _ g : oo a.m. and 5 ; oo p. m. beginning on April 16 . 2002 (date) and ending on April 29, 2003 (date) Applications for ballot by mail shall be mailed to: Rnaal l P �'.}lATlP7 (Name of Early Voting Clerk) P.O. Box 1729 (Address) 9an�er, TX 76266 (City) (Zip Code) Applications for ballot by mail must be received no later than the close of business on April 25, 2003 (date) Issued this the 3rd day of February 19 2003 101 C?. Signature of Mayor January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #5 Polly Dwyer will again address the Council regarding the update on the progress of the Downtown Area Committee's review of the Downtown and Historical District Ordinances. January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Zoning Change Attached is the information on this item, the Planning and Zoning Commission unanimously recommended approval of this request with the stipulation that they request a change on the surrounding properties that they own. If this change is approved, we will start the process for these properties. Date: '��3't' Name: �f/��C/I �. � .� uc•�� �`� 2e�� Address: 2N'ct� S�, �S{�<�rrlcvs� �l� � "7G� z�� Phone: �JS�"_%%}' I am requesting the property located at, ;�C'0 �/ ,S�P/1?/I'I©/�s" ,and legally described as �S - to be considered for a zoning change from �, to �. t The purpose or this zoning request is as follow: �YrbUn i ,� Hers �IGtr� �� Gp �ar�� �s .�/��/ . THE METES AND BOUNDS (LEGAL DESCRIl'TION� OF THE PROPERTY IS ATTACHED �� I-3o-o3 signature , Date received ��J? �-�. Fee $ a 5 p °�% PD. Rec'd by: a LEGAL NOTICE The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thursday, January 30, 2003 to Consider a Zoning Change Request from B2 (Business 2) to SF5E (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Property is Located at 2004 Stemmons Rd., Sanger, Texas. Rosalie Chavez City Secretary LEGAL NOTICE The City of Sanger's City Council witl conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, February 3, 2003 to Consider a Zoning Change Request from B2 (Business 2) to SF5E (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Property is Located at 2004 Stemmons Rd., Sanger, Texas. Rosalie Chavez City Secretary Run 1 time City of January 149 2003 TO: Property Owners FJZ: Rosalie Chavez, City Secretary RE: Zoning Request Change The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in ithe Council Chambers on Thursday, January 30, 2003 to Consider a Zoning Change Request from B2 (Business 2) to SF5E (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Property is Located at 2004 Stemmons Rd., Sanger, Texas, The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, February 3, 2003 to Consider a Zoning Change Request from B2 (Business 2) to §SF$E (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23. Pr -perty is Located at 2004 Stemmons Rd.; Sanger, Texas. y Attached is a form for you to sign stating whether or not you approve of this xequest. If for any reason you do not approve, or have any questions regarding this request please plan to attend this public hearing. RCar Enclosure F� soi BOLIYAR STREET BANGER, TERAS �6i66 940.458-7930 P.O. SOX i7�9 940-458-4180 FAX P&Z-01/30/03 CC 02/03/03 ZONING REQUEST To Consider a Zoning Change Request from B2 (Business 2) to SFSE (Single Family 5E) on Property Legally Described as Abstract 71, Tract 23, If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: I approve of the Request I disapprove of the Request Comments: 1 'l SIGNATURE DATE Please Print Your Name J �. List of Property Owners - Gheen Isaacs, John C III Ranch LTD. HC 2, Box 44 Canadian, TX 79014-9516 Milton Gheen 2004 S, Stemmons Sanger, TX 76266 Akers, F E P.O. Box 413 Sanger, TX 76266 KM Residential 119 Ridgecrest Cir Denton, TX 76205-5401 r i _ N ARMS dhomm TEEMED MEMO JE 7�� •A� �Ni�nr L s`° EMS �Zo� O Lu TEEco Qj f'�Z9�bi o b- o S N N ,M 0 N N N co MEW I j J N f' Ul�•��SAO �e la'I Z8� oc �� c4'z rr+ IRS zARAM dbE 14 old, p •o --- �, O , m • I m 'Ell 12 try S z f m cn ARE ro � Cis I � L _ f I 4, t , ^ippppp January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #8 This is the same Resolution on the proposed moratorium for Multi -Family proj ects that was passed previously; however, the Thursday Evening public hearing was not posted 72 hours in advance; therefore, we will need to start the process again. RESOLUTION N0.02-04-03 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON A PROPOSED MORATORIUM ON MULTI-FAMHIY PROJECTS WITHIN THE CITY OF SANGER, AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. BE IT RESOLVED BY THE CITY COUNCII., OF THE CITY OF SANGER, TEXAS: Section 1. That such Public Hearings toconsider amoratorium onmulti-family prof ects, will be held by the Planning and Zoning Commission of the City of Sanger, in the City Hall at 7:00 P.M. on February 13, 2003 and by the City Council of the City of Sanger, in the City Hall at 7:00 P.M. on February 17, 2003, at which time the City Council shall make final determination on the imposition of a moratorium. Section 2. That such notice shall be published in the City of Sanger's Official Newspaper on February 6, 2003. Section 3. That a temporary moratorium will take effect beginning on the fifth business day after such notice is published, during which time the City of Sanger may stop accepting permits, authorizations, and approvals necessary for the subdivision on, site planning of, or construction on real property in regards to multi -family projects. Section 4. That the ordinance adopting the moratorium will be given two readings the first to be read at a City Council meeting to be held on February 17, 2003, and the second to be read at a Special Called Meeting to be held February 24, 2003. PASSED AND APPROVED, this 3" day of February, 2003, Mayor, Tommy Kincaid Attest: Rosalie Chavez, City Secretary Approved as to form: City Attorney January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #9 Attached is the proposed ordinance on this item, it has been sent to the attorney for approval, we should have the approval prior to Monday's meeting. The only changes in the ordinance are (1) clarification on the residential that the $500 plus $15.00 per acre fee is for plats with lots of one acre or more, and (2) we are proposing a change in the way the construction plan review fee is figured. The way it is outlined currently is that it will be one half of one percent of the infrastructure cost. This cost is difficult for the City to calculate, and it has been left to the developer to figure this cost. This change will have a base cost with an additional per lot cost as follows: 1- 10 lots $100.00 plus $10.00 per lot 11+lots $400.00 plus $10.00 per lot This is only on residential plats, the commercial will not change. ORDINANCE #0246-03 THAT CHAPTER 10, SECTION 79 OF THE CODE OF ORDINANCES, OF THE CITY OF SANGER, TEXAS, REGULATING THE FILING FEES AND CHARGES FOR PLATS AND CONSTRUCTION PLAN REVIEW, IS HEREBY AMENDED PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 10, Section 7 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: " SECTION 7: FILING FEES AND CHARGES SECTION 7.01 -The schedule of fees and charges shall be paid to the city when any plat is tendered for approval. Each of the fees and charges shall be paid in advance. SECTION 7.02 -The City Manager or the Building Inspector or those duly designated, shall calculate the basic fees and charges for Plat review in accordance with the following schedule: A. Residential Tract Preliminary Plats - $400.00 plus $6.00/lot < 10 $500.00 plus $10.00/lot > 10 $500.00 plus $15.00/acre for plats with lot sizes of one acre or more B. Residential Tract Final Plats - $400.00 plus $6.00/lot <10 $500.00 plus $10.00/lot >10 $500.00 plus $15.00/acre for plats with lot sizes of one acre or more C. Short Form Plats - $400.00 plus $3.00 each lot. D. Mobile Home Park Preliminary Plats - $500.00 plus $6.00 each lot. E. Mobile Home Park Final Plats - $500.00 plus $6.00 each lot F. Construction Plan Review Fees for Residential Plats shall be as follows: 1-10 lots $100.00 plus $10.00 per lot 11+ lots $400.00 plus $10.00 per lot j �' C!F Commercial Tract Preliminary and Final Plat - Less than 1 to 4.99 Acre Tract 5.000 to 24.999 Acre Tract 25.000 to 99.999 Acre Tract 100.00 Acre Tract and Over $500.00 + $15 per acre $600.00 ea. Plat + $15 per acre $950.00 ea. Plat $950.00 ea. Plat + $5.00 per acre. Construction all Review Fees for Commercial Plats shall be $800.00 plus $100.00 for each lot after the first lot." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 3rd day of February, 2003 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY J January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 10 Attached is the proposed ordinance on this item, it has been sent to the attorney for approval, we should have the approval prior to Monday's meeting. The first line of our current ordinance reads: "When underground service is requested by a customer or developer, whether it be....." We are proposing to change this line to read: "When underground service is required by the City, whether it be....." We have been requiring all new subdivisions to have underground electric service. CITY OF SANGER, TEXAS ORDINANCE NO.02-07-03 THAT CHAPTER 139 ARTICLE 13.1300, INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SHALL BE AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE TT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas Section 1. That Chapter 13, Article 13.1300 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: G°ARTICLE 13.1300 INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE When underground service is required by the City, whether it be for primary or secondary service, the difference in estimated cost of overhead and underground service will be paid by the customer or developer in advance of construction. The difference in actual cost shall also be paid by the customer or developer upon completion of the job before service is connected. The construction is to be according to the specifications required by the city. The customer or developer shall be responsible for furnishing and installing and the expenses related thereto, of conduit for the installation of all on -site underground development feeder, lateral and service lines utilized to provide electric utility service to the subdivision. The specifications for the conduit shall be approved by the electrical department prior to installation." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Sectionhereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 3rd day of February, 2003 by the City Council of the City of Sanger, Denton County, Texas, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 11 Attached is the proposed ordinance on this item, it has been sent to the attorney for approval, we should have the approval prior to Monday's meeting. IESI has requested a rate increase of 5% as allowed for in our current contract. This is the first increase they have imposed since the contract was accepted. The explanation of this increase is attached. CITY OF SANGER, TEXAS ORDINANCE N0.02-08-03 THAT APPENDIX ARTICLE 4.02 ,SOLID WASTE COLLECTION FEES, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SHALL BE AMENDED TO INCORPORATE A RATE INCREASE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas Section 1. That appendix article 4.02 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "Sec. 4.200 Solid Waste Collection Fees: (a) Residential Customers Two pick ups per week $9.30 per month (b) Commercial Customers One pick-up per week $79.65 per month (maximum one-96 gal container) $2.00 shall be added to the above costs of service to each account to cover city administrative fees and tree limb pickup. (c) Container Services (1) Three 3Z,vd. containers. (i) One pick-up per week Two pick ups per week Extra Pick-up $41.91/month $72.02/month $19.36/ each $2.00 shall be added to the above costs of service to each account to cover city administrative fees. (2) Four (4�vd. containers. (i) One pick-up per week Two pick-ups per week $52.381month $90.12/month Extra Pick up $23.02/each $2.00 shall be added to the above costs of service to each account to cover city administrative fees. containers. (i) One pick-up per week $72.02/month (ii) Two pick-ups per week $144.05/month (iii) Extra Pick up $25.44each (iv) $2.00 shall be added to the above costs of service to each account to cover city administrative fees. (4) Eight (81yd. containers. (i) One pick-up per week Two pick ups per week Extra Pick up $90.35/month $163.67/month $44.71 each $2.00 shall be added to the above costs of service to each account to cover city administrative fees. (5) Thirty (30�yd. containers. (i) Commercial user. (A) Rent $74.13/month (B) Delivery $all .65/month (C) Pick -Up $379.75 each (D) $2.00 shall be added to the above costs of service to each account to cover city administrative fees. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall r• � P t' -' �_ 1, � a not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 3rd day of February, 2003 by the City Council of the City of Sanger, Denton County, Texas, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY January 22, 2003 Mr. Jack my Manager City of Sanger 201 Bolivar Street Sanger, Texas Dear Mr. Smith: As outlined in the Solid Waste Collection and Disposal Agreement between the City of Sanger and IESI, we are respectfully submitting the revised contract pricing, reflecting a 5% increase, in the existing rate schedule. The -proposed increase would be effective March 1, 2003. The increase has been calculated based on the below factors: 1) Operatnz? Cost Adjustments - A 10% increase in fuel costs. - A 35% increase in insurance costs (group and vehicle). 2) taandfill Cost Adjustment - A 15% in the cost of landfill gate rates. 3) Consumer Price Index (CPI-U) Increase NOV 2002 CPI 173.6 NOV 2001 CPI 171.5 Increase 2.1% +2% as per contract 2.0% Total 4.1 % Should you have any questions regarding this request, please feel to contact me at any time. Respectfully submitted, Norm Bulaich Municipal Marketing Manager �o (Vortn Beach strc-Et en- zzz-zzzi Haltom City, T©cas 76111 FAX 8D-222-03s4 Printed on Recycled Paper January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 12 Attached are the bid sheets on all bids received, Bids Summarized below: (low bids underlined) Tractor Bid for Street/Parks Department John Deer $67,657.21 Landmark $61,486.00 plus $4,500.00 w/jo, sty ick total $6,5986.00 3/4 ton pick up for Streets/Parks: Brown Motor $15,998.00 Village Group $16,348.00 Classic Chevrolet 15 113.00 El Dorado $19,593.00 Village Ford $16,872.00 James Wood $20,136.27 Jim McNatt $221005.23 Chevrolet $16,250.00 Glenn Polk $16425.00 James Wood $19,100.00 Friendly Chevrolet $15,184.00 El Dorado $19,593.00 1 Ton 4x4 Cab & Chassis for Electric Department: Glenn Polk $26,245.59 Payton Wright Ford $28,916.50 Randall Knoll Ford $25,460675 Metro Ford $26,039.75 Lawrence Hall Chev. $267126.39 Southwest Ford $25,902.75 Park Cities Ford $26,260.00 Village Auto Group $25,588.00 Village Ford $26,226.00 1 Ton 4x4 Dual Cab &Chassis for Fire Dept.: Southwest Ford $35,134.00 Village Ford $35,566.00 Park Cities $36,030.00 Glenn Polk $34,975.75 Payton Wright $34,567.75 Randall Nole 34 422.75 Metro Ford $35,047.75 Village Auto Group $34,648.00 Rescue Body Peirce $45,100.00 Village Auto Group $40,345.00 F.E.I. $57,628.12 A6 -Meier 40 115.00 We will have staff recommendations at the meeting. C ity of Saner 201 Bolivar Sanger, TX 76266 Date of Bid Opening: 01/30/03 Time: 2:00 P. M. Re: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: �ID AMOUNT: B1D RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: Authorized Signature Date %J Bid Opening: Time: -- 2:00 P.M. Re: 13/< BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: 'ID AMOUNT: B1D RECEIVED: COMPANY: BID AMOUNT: !. BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: r City of Sanger 201 Bolivar Sanger, TX 76266 01 /30/03 Authorized Signature (Da#e %J Bid Opening: Time: 12:00 P.M. Gity of Sanger 201 Bolivar Sanger, TX 76266 01 /30/03 Re: ? o� h Vl BLD RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: 'D AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: �' IC�SSi (' �Vi'C / to. ? �lt c .01 Authorized Signature Date of Bid Time: Re: 2:00 P.M. B`{D RECEIVED: COMPANY: BID AMOUNT: "BID RECEIVED: COMPANY: RID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: 'BID RECEIVED: COMPANY: BID AMOUNT: Gity of Sanger 201 Bolivar Sanger, TX 76266 01 /30/03 ,11.0�5�; l l I �raclG Authorized Signature J �, Date of Bid Opening Time: �2:00 P.M. Re: BID RECEIVED: COMPANY: BID AMOUNT: i31D RECEIVED: COMPANY: ^ID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: 'BID RECEIVED: COMPANY: BID AMOUNT: C #y of Sanger 201 Bolivar San er, TX 7C266 01 /30/03 tYYie Authorized Signature Ci#y of Sanger 201 Bolivar Sanger, I A 76266 Date of Bid Opening: 01/30/03 Time: �2:00 P.M. Re: BID R-ECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: r�;D AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BFD RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: pel ��Gy� sr/G57 ��6�• Authorized Signature City of Sanger 201 Bolivar Sanger, TX 76266 Date of Bid Opening: I 01/30/03 Time: �2:00 P.M. Re: B`ID REC�E�IVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: RID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: �c > c�- Authorized Signature City of Sanger 201 Bolivar Sanaer, TX 76266 Date of Bid Opening: I 01/30/03 Time: 72:00 P.M. Re: BID RECEIVED: COMPANY: _ BID AMOUNT: 3`4, q BID RECEIVED: COMPANY: PID AMOUNT: BID RECEIVED: � ��� COMPANY: BID AMOUNT: iiv S B-ID RECEIVED: : COMPANY: BID AMOUNT: jq BID RECEIVED: 5 u ,. COMPANY: :BID AMOUNT: D1.1 Authorized Signature City of Sanger 201 Bolivar Sanger, TX 76266 Date of Bid Opening: 01/30/03 Time: �2:00 P.M. m BID RECEIVED: COMPANY: BID AMOUNT: B1D RECEIVED: COMPANY: ` D AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: B1D RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: ail( ri ek `-a'C--`'vim cry. Authorized Signature January 29, 2003 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 13 Attached is the proposed agreement. This is currently at the City Attorney s office, he has indicated that the only way he can approve this agreement is for the Council to first approve it. He indicated that on this particular agreement the approval calls for him to confirm that this expenditure has been duly authorized by the governing body. This is for a Jet Sprayer Truck for the Water/Wastewater Department. U EQUIPMENT LEASE -PURCHASE AGREEMENT LESSOR: FIRST CONTINHNTAL LEASING, a division of BancorpSouth Bank P. O. Box 15097 302 Second Avenue Hattiesburg, MS 39404-5097 Elaine D. Temple, President 601-544-3252 LESSEE: City of Sanger, Texas PO Box 1729 Sanger, TX 76266-1729 Contact: Phone: l .' C' J '� TERMS AND CONDITIONS OF AGREEMENT I. Agreement. (a) Lessee requests First Continental Leasing, a division of BancorpSouth Bank ("Lessor") to acquire the personal property (herein called "Equipment") described in the attached Delivery Order (s). Lessee agrees to lease with an option to purchase the Equipment from Lessor and Lessor agrees to lease the Equipment to Lessee upon receipt of a duly authorized written acceptance hereof, signed by an authorized officer of Lessor at its principal office, upon the terms and conditions of this Agreement (the "Agreement"). Lessee represents, covenants and warrants, and as requested by Lessor will deliver an opinion of counsel substantially in the form attached as Exhibit B, to the effect, (i) that it is a fully constituted political subdivision or agency of the State of Texas (the "State") and is authorized by the Constitution and laws of the State and its own internal or administrative procedure to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder, and (ii) that this Agreement has been duly authorized, executed and delivered by Lessee and constitutes a legal, valid and binding agreement enforceable in accordance with its terms. Lessee agrees that it will do or cause to be done all •things necessary to preserve and keep this Agreement in full force and effect. Lessee further represents, covenants and warrants that Lessee has complied with all bidding requirements where necessary and by due notification presented this Agreement for approval and adoption as a valid obligation on its part and that Lessee -has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal year. (b) Lessee acknowledges that Lessor has agreed to enter into this Agreement on the condition that the interest portions of the Payments as defined in Section 5 hereof shall be deductible from gross income pursuant to sections 103 and 265(b) of -the Internal Revenue Code of 1986 and the Regulations thereunder (the "Code") is available. Said exception is subject to certain conditions relating to Lessee's use of the Equipment and to Lessee's issuance of tax-exempt obligations. In that regard, Lessee represents, covenants and warrants that . (i) The Equipment will not be used, directly or indirectly, in a trade or business carried on by any person other than a governmental unit, except for such use as a member of the general public; (ii) No portion of the Payments as defined in Section 5 hereof: (A) will be secured, directly or indirectly, by property used or to be used in .a trade or business carried on by a person other than a governmental unit, except for such use as a member of the general public, or by payments in respect of such property; or (B) will be derived from payments, whether or not to Lessee, in respect of property or borrowed money used or to be used for a trade or business carried on by any person other than a governmental unit; 2 (iii) No portion of the gross proceeds of this Agreement will be used (directly or indirectly) to make or finance loans to persons other than governmental units; (iv) This Agreement and the Delivery Order (s) attached hereto have been designated as a qualified tax-exempt obligation for the purposes of section 265 (b) of the Code; and (v) Lessee reasonably anticipates that the amount of qualified tax-exempt obligations to be issued by Lessee (together with qualified tax-exempt obligations issued by an entity deriving its issuing authority from Lessee or by an entity subject to substantial control by Lessee) during the current calendar year shall not exceed $10,000,0004 (c) Lessee acknowledges and agrees that the Payments have been calculated by Lessor assuming that the interest portion of each Payment is exempt from federal income taxation. Lessee represents, covenants and warrants that it will do or refrain from doing all things necessary or appropriate to insure that the interest portions of the Payments are exempt from federal income taxation, including, but not limited to, executing and filing all information statements required by Section 149(e) of the Code and timely paying, to the extent of available funds, amounts required to be rebated to the United States pursuant to Section 148(o of the Code. (d) Lessee acknowledges that the representations, covenants and warranties set forth in sub- sections (b) and (c) of this Section 1 shall survive the expiration of this Agreement and that Lessor may pursue any applicable remedies for the breach of such representations, covenants and warranties at any time. 2. Equipment Delivery and Acceptance. At the request PT Lessor agrees to order the Equipment which Lessee has described in the Delivery Order (s) from the supplier of such Equipment but shall not be liable for specific performance of this order. Lessee shall accept such Equipment when and if delivered and placed in good repair and working order and hereby authorizes Lessor to add to this Agreement the serial number of each item of Equipment so delivered. Any delay in such delivery shall not affect the validity of this Agreement. Lessee shall have thirty (30) days from the date of delivery to accept such Equipment and deliver an executed Equipment Acceptance Notice in the form attached hereto as Exhibit D. Notice of any defects must be given to Lessor within thirty (30) days of delivery. In the event the Equipment is not accepted by Lessee within thirty (30) days from the date of delivery and such acceptance is unreasonably withheld by Lessee, Lessor, at Lessor's option, shall have the right to cancel this Agreement. 3. Warranties. Lessor hereby assigns to Lessee for and during the term of this Agreement all manufacturer warranties and guarantees express or implied, issued on or applicable to the Equipment, and Lessor authorizes Lessee to obtain at Lessee's expense the customary services furnished in connection with such warranties and guarantees. LESSOR IS NOT A MANUFACTURER OR SUPPLIER OF THE EQUIPMENT, AND MAKES NO WARRANTIES WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, INCLUDING 3 IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Lessor authorizes Lessee to enforce in its own name and warranty, representation or other claim enforceable against the manufacturer. Lessor assumes no responsibility for shipment, delivery, installation or maintenance, and all claims of Lessee with respect thereto, whether for delay, damage or otherwise, shall be made against supplier. Lessor, at its option, may provide in its purchase order that supplier agrees that any of such claims may be made by Lessee directly against suppliers. The obligation of Lessee to pay the Payments as defined in Section 5 hereof, shall not be abated, impaired or reduced by reason of any claims of Lessee with respect to Equipment condition, quality, workmanship, delivery, shipment, installation, defects or otherwise. 4. Agreement Term. This Agreement shall become effective upon the execution hereof by Lessor. The term of this Agreement shall commence on the date the Equipment is accepted pursuant to Section 2 hereof, and shall end at the expiration of the number of periods indicated in Schedule A of the Delivery Order (s) (hereinafter the "Agreement Term"). This Agreement shall be automatically renewed on a year-to-year basis except as provided for in Section 5 and Section 14 hereof. 5. Payments. (a) Lessee agrees to pay to Lessor or its assignee total Payments ("Payments") set forth in Section A of the Delivery Order (s), including the interest portions thereof, equal to the amount specified therein. Said Payments shall be -payable without notice or demand at the office of Lessor (or such other place as Lessor may from time to time designate in writing). Any notice, invoicing, purchase orders, quotations or other forms or procedures required by Lessee of Lessor as a condition precedent to payment shall be fully explained and provided to Lessor prior to execution of this Agreement. Except as specifically provided in subsection (c) of this Section 5, Payments shall be absolute and unconditional in all events and shall not be subject to any set-off, defense or counterclaim. (b) Lessee reasonably believes that funds can be obtained sufficient to make all Payments during this Agreement Term. It is Lessee's present intent to make Payments for the full Agreement Term if funds are legally available therefor, and in that regard Lessee represents that the use of the Equipment is essential to its proper efficient and economic operation. (c) In the event no funds or insufficient funds are appropriated for Payments and other sums due in any fiscal year under this Agreement, Lessee shall immediately notify Lessor or its assignee of such occurrence, and this Agreement shall create no further obligation of Lessee as to such fiscal year and shall be null and void, except as to funds which have been previously appropriated. In such event, this Agreement shall terminate without penalty to Lessee on the last Jay of the fiscal year for which funds were appropriated. Subsequent to such termination of this Agreement, Lessee shall have no continuing obligation to make Payments under this Agreement. In 4 the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor shall have all legal and equitable rights and remedies to take possession of the Equipment. 6. Location. The Equipment shall be delivered and thereafter based at the location specified in the Delivery Order (s) and shall not be removed therefrom without Lessor's prior written consent. 7. Use; Repairs. Lessee shall use the Equipment in a carefiil manner and shall comply with all laws, ordinances and regulations relating to, and shall pay all costs, claims, damages, fees and charges arising out of its possession, use or maintenance. Lessee, at its expense, shall keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 8. Alterations. Lessee shall not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be removed without damage to the -Equipment. 9. Loss and Damage. Lessee shall bear the entire risk of loss .or damage to all Equipment from any cause whatsoever, and no such loss or damage of the Equipment nor defect therein or unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Payments or any other obligation under this Agreement. In the event of damage to any item of Equipment, Lessee shall immediately place the same in good repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessee shall: (a) Replace the same at Lessee's expense with like equipment in good repair; or (b) Pay Lessor in _cash all of the following: (i) all amounts then owed by Lessee to Lessor under the applicable Delivery Order, and (ii) an amount equal to the Concluding Payment set forth in Schedule A to such Delivery Order. Upon Lessor's receipt of such payment, Lessee shall be entitled to whatever interest Lessor may have in said item, in its then condition and location, without warranty expressed or implied. 10. Insurance. Lessee shall, during the Agreement Term, purchase and maintain insurance, or with Lessor's prior written consent may self -insure, covering specifically all Equipment of every description under this Agreement against casualty occurrences, including the perils of FIRE, LIGHTNING, WINDSTORM, HAIL, EXPLOSION, AIRCRAFT, VEHICLES, SMOKE, RIOT, CIVIL COMMOTION, STRIKERS, LOCKED OUT WORKMEN OR THEFT, BURGLARY AND WATER DAMAGE, in an amount equal to the cost of replacement of all Equipment and with a company approved by Lessor and shall carry public liability and property damage insurance sufficient to protect Lessor from liability in all events. The proceeds under this insurance shall be payable to Lessee and to Lessor or its assignee as additional insured as their interest may appear under the terms and conditions of this Agreement. Such proceeds shall be available to Lessee for the satisfaction of Lessee's obligations under Section 9 hereof Upon acceptance of the Equipment and upon each insurance renewal date, Lessee shall deliver to Lessor or its assignee a duly authenticated certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment, Lessee shall promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 1.1. Liens and Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee shall -pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, .purchase, possession or use of the Equipment, excluding, however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes; in such event, Lessee shall pay Lessor the amount thereof upon demand. 12. Indemnity. To the extent permitted by the laws of the State, Lessee shall indemnify Lessor against and hold Lessor harmless from any and all claims, actions, proceedings, expenses, damages or liabilities, arising in connection with the Equipment, including, without limitation, its manufacture, selection, purchase, delivery, possession, use, operation or return and the recovery of claims under insurance policies thereon. 13. Assignment. (a) Without Lessor's prior consent, Lessee shall not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Equipment or any interest in this Agreement or said Equipment, or (ii) lease or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Without the consent of Lessee, Lessor may assign, in whole but not in part, its rights, title and interest in and to this Agreement, and all attachments hereto including Delivery Order(s), to an assignee/investor or such assignee's/investor's agents or trustees and grant or assign a security interest in this Agreement or the Equipment, and its assignee may reassign this Agreement in whole but not in art. Each such assignee shall have all of the rights of Lessor under this Agreement. Lessee shall recognize and acknowledge each such assignment and/or security interest. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assignees of the parties hereto. (b) This Agreement and any interest herein may be transferred only through a book entry system as prescribed by Section 149(a) of the Code, as the same may be amended from time to time. During the term of this Agreement, Lessee shall keep a complete and accurate record of all assignments and other transfers in form and substance necessary to comply with Section 149(a) of the Code. Upon assignment of Lessor's interest herein, Lessor will cause written notice of such assignment to be sent to Lessee and, upon receipt of such notice of assignment, Lessee shall: (i) acknowledge the same in writing to Lessor; and (ii) record the assignment in Lessee's "book entry system" as that term is defined in Section 149(a) of the Code. No further action will be required by Lessor or by Lessee to evidence the assignment. 14. Prepayment. At the written request of Lessee, delivered -thirty (30) days prior to a Date of Payment as shown on Schedule A to a Delivery Order, and if Lessee is not on such Date of Payment in default pursuant to any provision of this Agreement, Lessor shall convey all of Lessor's right, title and interest in and to the Equipment described in that Delivery Order to Lessee upon payment by Lessee of the applicable Concluding Payment and the Base Payment due on such Date of Payment. Upon satisfaction by Lessee of such purchase conditions, -Lessor shall deliver to Lessee a full release of any right, title or interest of Lessor in and to such Equipment. 15. Taxes on and Title to Equipment. In addition to other payments to be made pursuant to this Agreement, Lessee shall indemnify and hold Lessor harmless from and against, and shall pay Lessor, as additional payment, on demand, an amount equal to, all license, assessments, sales, use, real or personal property, gross receipts or other assessments, taxes, levies, imposts, duties and charges, if any, together with any penalties, fines or interest thereon imposed against or on Lessor, Lessee or the Equipment 'by any governmental authority upon or with respect to the Equipment or the purchase, ownership, possession, operation, return or sale of, or receipt of payments for, the Equipment, except any Federal or state income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Equipment or any interest therein. This Agreement is intended for security. For purposes of laws governing taxation and conditional sales, title to the Equipment shall be deemed to be transferred -hereby to Lessee, subject to immediate and automatic reversion to Lessor upon any default by Lessee or upon failure to appropriate sufficient funds in order to make payments required hereunder, unless Lessor otherwise elects in writing. �.- 16. Personal Property. The Equipment is, and shall at all times during this Agreement Term be and remain, personal property. 17. Security Interest. To secure all of its obligations hereunder Lessee grants to Lessor a first and prior security interest in any and all right and interest of Lessee in the Equipment, this Agreement and payments due under this Agreement, agrees that this Agreement may be filed as a financing statement evidencing such security interest, and agrees to execute and deliver all financing statements and other instruments necessary or appropriate interest. Lessee further agrees that the Uniform Commercial Code between the parties hereto and assignees of Lessor, to evidence such security of the State shall apply as 18. Events of Default. Lessee shall be in default under this Agreement upon the occurrence of any of the following events: (a) Nonpayment when due or within 6 days thereafter of any Payment of rent or other sum owing hereunder, (b) Breach of any other covenant or agreement in this Agreement and the continuance of such breach for a period of 10 consecutive days following Lessee's receipt of written notice thereof from Lessor; (c) If any representation or warranty made by Lessee or by any agent or representative of Lessee herein or in any document or certificate furnished Lessor in connection herewith or pursuant hereto proves to be incorrect at any time in any material respect; (d) If Lessee shall dissolve or become insolvent or bankrupt, commit any act of bankruptcy, make any assignment for the benefit of or enter into an arrangement or composition with creditors, suspend or terminate the transaction of its usual business or consent to the appointment of a trustee or receiver or if a trustee or receiver shall be appointed for Lessee or for a substantial part of its property, or if bankruptcy, -reorganization arrangements or similar proceedings shall be instituted by or against Lessee; (e) If any order, judgment or decree shall be entered against Lessee by a court of competent jurisdiction and such order, judgment or decree shall continue unpaid or unsatisfied for any period in excess of 60 consecutive days without a stay of execution, or if a writ or order of attachment, execution or other legal process shall be issued in connection with any action or proceeding against Lessee or its property whereby any of the Equipment or any substantial part of Lessee's property may be taken or restrained; (f) If Lessee shall default in the performance of any obligation or in payment of any sum due to Lessor under any other lease, contract, agreement, arrangement or understanding; (g) If any indebtedness of Lessee for borrowed money shall become due and payable by acceleration of the maturity date thereof; or (h) If Lessor, in the exercise of reasonable judgment, shall determine that Lessee is generally not paying its debts as such debts become due. In addition, Lessee shall give Lessor 5 days written notice prior to the filing of any voluntary petition of bankruptcy, written notice upon commencement of an involuntary bankruptcy proceeding, or written notice prior to taking any action with respect to all or any items of the Equipment in bankruptcy proceedings, and shall include in said written notice the venue of the anticipated proceedings and a copy of any relevant pleadings with respect thereto. Failure to give said written notice within the time as specified shall constitute an event of default hereunder and shall cause an immediate termination of this Agreement as to all items of Equipment. Said default and termination, however, shall not constitute an election of remedies, and Lessor shall retain its rights to such other remedies as may be set forth in this Agreement. 19. Remedies of Default. Upon the occurrence of any event of default and at any time thereafter, Lessor, acting alone and/or through its agents, may, without any further notice, exercise one or more of the following remedies as Lessor in its sole discretion shall elect: (a) Terminate this Agreement as to any or all items of Equipment; (b) Without notice, demand, liability or legal process, enter into any premises of or under control or jurisdiction of Lessee or any agent of Lessee where the leased Equipment may be, or is believed to be by Lessor, and repossess all or any item thereof, disconnecting and separating all or so much thereof as may be required to disconnect or separate same from any other property, Lessee hereby expressly waiving all further rights to possession of the Equipment and all claims for injuries suffered through or loss caused by such repossession; (c) Cause Lessee, at Lessee's expense, promptly to return -the Equipment to Lessor, at such place as Lessor may designate, in the condition set faith above; (d) Use, hold, sell, lease or otherwise dispose of the Equipment or any item thereof on the premises of Lessee or at any other location without affecting the obligations of Lessee as provided in this Agreement; (e) Sell or lease the Equipment or any part thereof, at public auction or by private sale or lease at such time or times and upon such terms as Lessor may determine, free and clear of any rights of Lessee, and, if notice thereof is required by law, any notice in writing of any such sale or lease by Lessor to Lessee not less than 10 days prior to the date thereof shall constitute reasonable notice thereof, (f) Proceed by appropriate action either at law or in equity to enforce performance by Lessee of the applicable covenants of this Agreement or to recover damages for the breach thereof; or (g) Exercise any and all rights accruing to Lessor under any applicable law upon a default by Lessee. In addition, Lessor shall be entitled to recover immediately as liquidated damages for the loss of a bargain and not as a penalty, a sum equal to the aggregate of the following: (i) A11 unpaid Payments or other sums which are due and payable up to the date the Equipment is returned to or repossessed by Lessor; and (ii) Any expense paid or incurred by Lessor in connection with the repossession, holding, repair and subsequent sale, lease or other disposition of the Equipment, including attorney's fees and legal expenses. None of the remedies of Lessor under this Agreement are intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available to Lessor at law or in equity. Lessee agrees to pay Lessor all attorneys' fees and all costs and expenses incurred by Lessor in connection with the enforcement of the terms of this Agreement or any right or remedy hereunder. Any repossession or subsequent sale or lease by the Lessor of any item of Equipment shall not bar any action for a deficiency as herein provided and the bringing of an action or the entry of a judgment against Lessee shall not bar Lessor's right to repossess any or all items of Equipment. Lessee waives any and all.rights to notice and to a judicial hearing with respect to the repossession of the Equipment by Lessor in the event of a default hereunder by Lessee. 20. Amendments and Addendums. This Agreement -may be amended or any of its terms modified only by written consent of Lessee and of Lessor or its assignee. In the event Lessee desires to buy other equipment, the parties may execute an addendum to this Agreement with respect to such other equipment by (i) executing a delivery order for such equipment; (ii) executing an acceptance certificate of the equipment; and (iii) obtaining new opinions and other supporting documentation as required or permitted by this Agreement. For purposes of construing subsequent transactions concerning other equipment as an integrated contract, the following shall be considered a single transaction or legal and binding agreement. (a) This Agreement, which provides basic terms and conditions; (b) An executed delivery order and acceptance certificate; and (c) Schedules, exhibits, and other attachments to such documents that pertain to the equipment described in the delivery order, and supporting documentation such as, e.g., opinions of counsel and insurance certificates. 21. Notices. All notices to be given under this Agreement shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 22. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provisions of this Agreement. 23. Governing Law. This Agreement shall be governed by the provisions hereof and by the laws of the State. 24. Delivery of Related Documents. Lessee will execute, or provide as required by Lessor, the following documents and information in form and substance satisfactory to Lessor: (a) Equipment Acceptance Notice; (b) Legal opinion of counsel as described in Section 1 above; (c) Statement of Lessee describing the essential functions and uses of the Equipment; (d) Documents evidencing title and delivery; (e) Maintenance Contract regarding Equipment; (f) Uniform Commercial Code Financing Statements; (g) Certificates of liability and casualty insurance naming Lessor and its assigns as additional insureds; (h) Invoicing instructions; and (i) Other documents as reasonably requested by Lessor. 25. Entire Agreement; Waiver. This Agreement, together with the Delivery Order (s) and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitute the entire agreement between the parties with respect to the Equipment. Any provisions of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 26. Eecial Stipulations. Any amendment to standard language will be set forth in Exhibit A attached hereto ("Special Stipulations"). LESSOR: First Continental Leasing, a division of BancorpSouth Bank P. O. Box 15097 302 Second Avenue Hattiesburg, MS 39402-5097 By: Title: Date: LESSEE: City of Sanger, Texas PO Box 1729 Sanger, TX 76266-1729 By: Title: Date: i� SPECIAL STIPULATIONS LESSOR: First Continental Leasing, a division of BancorpSouth Bank P. O. Box 15097 302 Second Avenue Hattiesburg, MS 39404-5097 By: Title: Date: LESSEE: City of Sanger, Texas PO Box 1729 Sanger, TX 762664729 By: Title: Date: EXHIBIT A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF AN AGREEMENT WITH FIRST CONTINENTAL LEASING, A DIVISION OF BANCORPSOUTH BANK, AND DESIGNATING THE AGREEMENT AS A QUALIFIED TAX-EXEMPT OBLIGATION WHEREAS, the (the "Governing Body") of the City of Sanger, Texas ("Lessee"), acting for and on behalf of Lessee hereby finds, determines and adjudicates as follows: 1. Lessee desires to enter into an Equipment Lease Purchase Agreement with the Exhibits attached thereto in substantially the same form as attached hereto as Exhibit "A" (the "Agreement") with First•Continental Leasing, a division of BancorpSouth Bank ("Lessor") for the purpose of presently leasing with an option to purchase the equipment as described therein for the total cost specified therein (collectively the "Equipment"). 2. It is in the best interest of the public purposes of Lessee that Lessee lease with an option to purchase the Equipment pursuant to and in accordance with the terms of the Agreement; and 3. It is necessary for Lessee to approve and authorize the Agreement. 4. Lessee desires to .designate the Agreement as a qualified tax-exempt obligation of Lessee for purposes of section 265(b)(3) of the Internal Revenue Code of 1986 (the "Code"). NOW, THEREFORE, BE IT RESOLVED by this Governing Body for and on behalf of Lessee as follows. Section 1. The Agreement and Exhibits attached thereto, in substantially the same form as attached hereto as Exhibit "A by and between Lessor and Lessee .are hereby approved, and (the "Authorized Officer") is hereby authorized and directed to execute said Agreement on -behalf of Lessee. Section 2. The Delivery Order is being issued in calendar year Section 3. Neither any portion of the gross proceeds of the Agreement nor the Equipment identified in the Agreement shall be used (directly or indirectly) in a trade or business carried on by any person other than a governmental unit, except for such use as a member of -the general public. Section 4. No portion of the rental payments identified in the Agreement: (a) is secured, directly or indirectly, by property used or to be used in a .trade or business carried on by a person other than a governmental unit, except for such use as a member of the general public, or by payments in respect of such property; or (b) is to be derived from payments (whether or not to Lessee) in respect of property or borrowed money used or to be used for a trade or business carried on by any person other than a governmental unit. Section 5. No portion of the gross proceeds of the Agreement are used (directly or indirectly) to make or finance loans to persons other than governmental units. Section 6. Lessee hereby designates the Agreement as a qualified tax-exempt obligation for purposes of Section 265(b) of the Code. Section 7. In calendar year ,Lessee has designated $ tax-exempt obligations (including the Agreement) as qualified tax-exempt obligations. Including the Agreement herein so designated, Lessee will not designate more than $10,000,000 of obligations issued during calendar year as qualified tax-exempt obligations . of Section 8. Lessee reasonably anticipates that the total amount of tax-exempt obligations (other than private activity bonds) to be issued by Lessee during calendar year will not exceed $10,000,000. Section 9. For purposes of this resolution, the amount of tax-exempt obligations stated as either issued or designated as qualified tax-exempt obligations includes tax-exempt obligations issued by all entities deriving their issuing authority from Lessee or by an entity subject to substantial control by Lessee as provided in Section 265(b)(3) of the Code. Section 10. The Authorized -Officer is -further authorized for and on behalf of the Governing Body and Lessee to do all things necessary in furtherance of the obligations of Lessee pursuant to the Agreement, including execution and delivery of all other documents necessary or appropriate to carry out the transact -ions contemplated thereby in accordance with the terms and provisions thereof. Following the reading of the foregoing resolution, that the foregoing resolution be adopted. adoption. The follows: moved seconded the motion for its put the question to a roll call vote and the result was as Voted: Voted: Voted: Voted: Voted: The motion having received the affirmative vote of all members present, the declared the motion carried and the resolution adopted, this the day of ATTEST: (Signature) (SEAL) January 29, 2003 To: Fr: Honorable Mayor and City Council Rose Chavez, City Secretary/Assistant City Manager Budget Amendments t �z��eevneri-�. The Lease/Purchase for the Computer Equipment and Software from INCODE, that the City purchased in 1997 needs to be amended. The original lease agreement did not include the modification in the payments we were making for the conversion from the old system. When we contacted the bank for the Final Pay-off in December, they advised that we owed the additional $7,369.56. Diversified Lending failed to modify the payments as indicated in the agreement; therefore, we now owe them this additional amount. As verified by the City Auditor, Bill Spore, we will need to amend the following line items as outlined below: 008-00-4990 from $450,496.00 to $446,811.00 008-15-6010 from $2,935.00 to $b,620.00 001-00-4990 from $450,496.00 to $446,811.00 001-15-6010 from $2,935.00 to $6,620.00 The contingency amount will be reduced from $15,154.00 to $7,370.00 in the General Fund. John Henderson is also requesting to move $5,000.00 from 001-34-5420 to 001-34-5324. This is for Calcium and Chlorine residuals. JAN. 2.2003 4003PM L.N.B. 50TH P O Box 6100, Lubbock, TX 79493 Voice M7924OOO Fax806-792-0976 DATE: January 2, 2003 COMPANY; City of Sanger FROM: Dona Hamilton RE: Lease Modification # OF PAGES: 3 REMARKS; N0.432 P.1 Please go ahead with the planned payment for January, 2Q03. This lease modification reflects amounts after January, 2003 payment. Please call me at BOS�t93-6�19 with any questions. You can fax the completed agreement tome at 806 792-0976 and then mail original Once Mr. Vance signs the modification, I will send you a copy back. JRN. 2.2003 4*003PM L.N.B. 50TH N0.432 P.2 MODIFICATION OF LEASE Modification to Lease # 97049 by and between -Diversified Lenders, Inc., (Lessor) and City of Sanger (Lessee) WHEREAS, heretofore %a!Ly.- ofi Sanger (hereinafter called "Lessee"�, made, executed and delivered to Diversified Lenders, Inc. (hereinafter called "Lessor"), one certain Lease dated December 8. 1997 and subsequently assigned to Lubbock National Bank. WHEREAS, it is mutually desirable, beneficial and agreeable to the parties hereto that the rental terms of said Lease be modified as hereinafter set out: NOW, THEREFORE, in consideration of the mutual benefits inuring to each other, it is understood and agreed, by and between the parties hereto, that the terms and conditions of Lessee's Lease, as above described, are hereby modified as follows: Extend the maturity date of the /ease to Duty 3, 2Qt13. /Vew payment amount will be $ 7,228.26 beginning February 3, 2003 continuing until matur/fy. It is further understood and agreed that all other terms, conditions and covenants of the aforesaid Lease, not otherwise modified hereby, shall be and remain the same, and that this Agreement, when executed by the parties hereto, shall be attached to and become a part of the original Lease, and shall have the same force and effect as tf the terms and conditions hereof were originally incorporated in the Lease, prior to its execution. IN WITNESS WI�EREOF, the undersigned parties as of the 3rd day of January, 2003 execute this Agreement. City of Sanger By: Title: Date: Lubbock National Bank By: Jerry Vance Title: Sr. Vice President Date: TAN, 2.2003 4003PM L.N.B. 50TH N0.432 P.3 1 I 11 1 !Up A iggII =1 .t•:, • 1 - - �{ a :I�a -- •1-• • :•. .a• tul. • a . 1 - 1 1 • • - 1 - - _ ,fit + . - t- payment on All other tmw and conditions of the lease will remmn m -full eff=t,perfonn all and obligad'ons flmt are associated with lem and agrew that other1 : { the cbmge t payment amount / ' Mement tem0t unchangedb Equipment and or Services added to the lease axe identified belowr • Conversion of current system to new system. In Witness Whereof the parties have oxecuted this addendum to lease#9't049 as of March 10,119984 Lessee City oi' Sanger 201 Bolivar Street, PO sana;'rx UTI :John Witness: �n By: Heifald Roberts 0 Pres 3 c ' Date: L. E N D E R S, I N C. �yY 4801 Frankford Avenue - Lubbock, Texas 79424 - (806) 7954782 1-80M8&3024 - Fax (806) 797-0601 March 65 1998 City of Sanger 210 Bolivar Street Sanger, TX 76266 ATT: Rose Chavez Dear Rose, Enclosed please find the addendum to Lease # 97049. Please have John Coker sign the addendum with you as the witness. Also send a check in the amount of $100.00 for documentation charges. Return the check and addendum in return mail to Diversified Lenders. We will pay Incode upon receiving the signed addendum and check. Thank you for your time. Please let me know if we can help you in any other leasing needs. President DR/ph f Addendum to Lease Agreement Whereas Diversified Lenders, Inc. (Lessor) is in the business to arrange and provide lease agreements for equipment to municipalities and has entered into a lease with the City of Sanger for such services. Whereas the City of Sanger (Lessee) wished to add additional equipment and or services to the lease known as lease #97049 dated December 8, 1997 anA executed by Lessee on December 30, 1997t11e Lessor and Lessee agree: 1. The payment on lease #97049 will be amended to $1,576:00 for the remaining 57 payments with the first payment due April 1, 1998 and monthly thereafter. 2. All other terms and conditions of the -lease will remain in full effect. 3. The Lessee will perform all duties and obligations that are associated with lease and agrees that other than the change -in payment amount the lease agreement remains unchanged. Equipment and or Services added to the lease are identified below: • Conversion of current system to new system. In Witness Whereof, the parties have executed this addendum to lease#97049 as of March 10, 1998. Lessee City of Sanger 201 Bolivar Street, PO Sae . TX John poker, Title• ayor Witness: Lessor Diversified Lenders, Inc. 6 4801 Frankford Ave. Lubbock, TX 79424 By: Donald Roberts Title: President Date: January 235 2003 To: Jack Smith, City Manager Fr: John Henderson, Streets/Parks Superintendent Cc: Rose Chavez, City Secretary/Asst. City Manager Re: Amending Budget I (John Henderson) would like to move $5,000.00 from 34-5420 to 34-5324. I need it for calcium and chlorine residuals. nt,�8� ���81 Managers Progress Report 02�O3�03 Water/Sewer: The bacteriological testing is being done on the new connections which should finish Phase 1. Streets: We are finishing up on Phase I. We should have the bid package for Phase II ready the first part of March. Parks: We are still working on our Park grant application. Our application is very strong but we will not know the outcome until July. The entrance walls at both ends of town have been completed with plants. Lights are yet to be added and the letters have been ordered and should be attached within the next two weeks. Contacis/New Businesses: I spoke with Paul Vineyard (owner of Babe's Restaurant). He feels that there is still a good chance of him coming to Sanger. Brooke Village: Greg Edwards Engineering is redrawing the layout to include a through street. We should hear what their next step will be in the next week. Lathum Staircase: The new sign has been erected. They should be opening by April or May. Ranger Creek Addition: (Joe Falls} Phase I plans have been submitted to the City. There are 34 lots on 10+ acres. The creek has been cleaned in preparation for the golf course. Sanger Trails: (Roger Hebard) came by and dropped off another phase of his subdivision. He also paid the money he owed on plan review fees. Since Ray Stephens wants $ 20,000 for the sewer easement and the Council has authorized $ 12,500, Hebard will pay the other $ 7,500.