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03/04/2002-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAV, MARCH 4, 2002 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2, a) Approve Minutes: February 25, 2002 - workshop February 25, 2002 b) Disbursements 3. Citizen's Input. 4, Discussion an Presentation by Ben Snyder Regarding Completion of the I{ammie Patten Park Project. 5. Discussion form Citizens Concerning Holt Road. 6. Presentation and Action on TXU Gas Distribution Rate. 7. Consider and Possible Action on Resolution #03-03-02 -Setting Date, Time and Flace for Public Hearings on Proposed Annexations, 8. Consider and Possible Action on Amending the Contract with the Chamber and Dissolving the Tourism Board. 9. Consider and Possible Action on Ordinance 03-03-02 -Adopting and Enacting a New Code of Ordinances. 10. Consider and Possible Action on Appointments to the Parks Board. 11. Consider and Possible Action on Resolution #03-04-III -Regarding Solicitation of Bids on Property Legally Described as Abstract 12411) Tract 298, for Collection of Delinquent Taxes. 12. Consider and Possibly' A cti�i' =' Contract Between the City of Sanger and Governmental Service"agency f r, lministrat* n of the HOME Grant, 13. Adjourn. Rosa ie Chavez, City Seeredary Date & Time Posted This facility is wheelchair acces�`stblii��`c� 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 fiuther information, MU COUNCIL WORKSHOP FEBRUARY PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Joe Higgs, Councilman Craig Waggoner, Councilman Jimmy Evans, Councilman Glenn Ervin ®TREKS PRESENT: City Manager Jack Smith, Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater, Auditor Bill Spore 1. Mayor called meeting to order. 2. Auditor's Presentation Regarding Fiscal Year 2000/2001 Audit. Auditor Bill Spore indicated he wanted to go through the report, and if they have any questions later on they can call him or he can answer them tonight. Discussed the Combined Balance Sheet. Discussed the Balance Sheet. Discussed statement of Revenues compared to the prior year. Increase in Sales and Franchise taxes. Discussed Budget Comparison for the General Fund. Auditor indicated the General Fund was $20,000.00 to the good. The total on both funds was $"75,000 to the good at end of budget year. Discussed Budget Comparison for the Enterprise Fund. There was a large Increase in power purchase from Brazos. Walmart project is still in progress, and is not dep�°eciating yet. There was an increase in the operating income. Discussed that the net income $156,000 prior year was $34,000. Cash was adequately collateralized. Grants in the General Fund is considered Revenue. City received $1,102,393.00. Discussed the Administration Department and that it had Excess Budget of $1,145,000, Actual was $1,124,000, which was very close to budget. Plat fees exceeded budget, but other expenses were all very close to budget. Police Dept very close to budget, revenues were $3,000 over budget. Fire Dept budgeted to have a $148,000 deficit, and the actual deficit was $103,000; they were $44,000 under budget. Sanitation was under budget by $22,000. Street Department was very close to budget, expenses and revenues were both $20,000 under budget. Library was $69000 to the good. They received a TIF grant to buy computers, which was over $28,000, Parks Department was $45,000 under budget, some of the items from the 4B Fund were purchased related to Parks Improvements. Swimming Pool was $11,000 to the good. Community � Senior Centers were $6,000 to the good. 4A Board collected $156,000, and had budgeted $140,000. 4B Board expenses are $1100.00 under budget. Discussed schedule of changes in General Fund Fixed Assets. Discussed similar schedule for the Enterprise Fund. Discussed schedule in changes in General Fund Long Term Debt. Discussed Debt Service Requirements. Discussed schedule of changes in long term debt for the Enterprise Fund. Discussed schedule of Restricted Funds. Discussed restriction on the equity accounts. Discussed Schedule of Taxes Receivable. Discussed Management Letter, Auditor indicated the Electric Department Inventory is now running, they did a good job. Auditor Recommends monitoring it monthly and doing random checks. Auditor indicated the Budget was amended, and second time it was amended the changes were not updated in the computer. This should have been updated. Auditor indicated the tap fees were not all transferred each month like they should have been, believe they are transferred now. Auditor indicated the Tourism Board was given $70,000.00 they had several groups come to them and they funded the expenditures. He suggested in the future they accept the proposal, but don't fund it until project is completed. If the board continues they need to get a paid bill before funding. He indicated the Capital Fund Grant requires a Single Audit - there is one comment related to the grant, which is that the Grant Administrators funded approximately $2500 that was never spent. He believed it was a lack of communication from the Grant Administrators. The City will have to answer for the questioned cost. State may want amended reports or possibly want there money back. Discussed Proposed Budget Amendments, Auditor indicated this would not change the bottom line. Discussed Budget Amendments to the 4A and 4B Budgets. 3. 1Vleeting Adjourned. MINUTES: CITY COUNCIL FEBRUARY 25, 2002 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Joe Higgs, Councilman Craig Waggoner, Councilman Jimmy Evans, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater, Water/Wastewater Superintendent Eddie Branham, Vehicle Mechanic Tommy Ruland, Zane Latham, Bobby Blagg Belcher, Auditor Bill Spore, Shelley 1. Mayor called meeting to order. Councilman Waggoner led the Invocation, and Councilman Garza led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: February 4, 2002 February 4, 2002 - Workshop b) Disbursements Councilman Evans moved to approve the Consent Agenda as presented, Councilman Ervin seconded. Motion carried unanimously. 3. Citizen's input. None. 4. Consider and Possible Action to Issue Election Order for General Election to be held May 4, 2002. Councilman Ervin moved to Issue the Election Order for the General Election to be held on May 49 2002. Councilman Evans seconded. Motion carried unanimously. 5. Consider and Possible Action Regarding Budget Amendments to the FY 2000/2001 Budget as Presented by Bill Spore. Councilman Higgs moved to amend the budget per the recommendations o fthe auditor, Councilman Waggoner seconded, Motion carried unanimously. Amendments as follows: Original Library Budget REVENUES: Grant Revenues 0 28,613 28,613 EXPENDITURES: Capital Outlay 85750 359224 26,474 Travel 250 489 239 Training 105 21005 19900 Sanitation REVENUES: Solid Waste Coll. 3059000 321900 16,000 iESI Franchise Tax 0 189000 189000 EXPENDiTITRES: Collection Contract 2579220 2919220 349000 Electric REVENUES: Electric Billings 39022,000 3,5129000 4909000 EXPENDITURES: Power Purchased 116319000 29121,000 6. Consider and Possible Auction Regarding Approval of the Fiscal Year 2000/2001 Audit as Presented by Bill Spore. Councilman Waggoner moved to approve the FY 2000/2001 Audit, Councilman Garza seconded, Motion carried unanimously. 7. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2001/2002. Councilman Higgs moved to appoint Bill Spore as Auditor for FY 2001/2002, Councilman Ervin seconded. Motion carried unanimously. 8. Conduct Public Hearing to Consider a Zoning Request Change from AG (Agriculture) to I-2 (Industrial - 2) on Proper°ty Legally desct°ibed as Abstract 29, Tract 120, Being 2.00 Acres. The Property is located on Utility Road. Public Hearing ®pened. No Discussion. Public Hearing closed. 9. Consider and Possible Action Regarding a Zoning Request Change from AG (Agriculture) to I-2 (Industrial - 2) on Property Legally described as Abstract 29, Tract 120, Being 2.00 Acres. The Property is located on Utility Road. City Manager indicated this was on the south side of Utility Road, west of the railroad tracks. Councilman Evans moved to approve the request. Councilman Ervin asked if this was for Latham stairs. Mayor indicated this is for Louis Austin and he wants to build warehouses. Councilman Ervin seconded. Motion carried unanimously. 10. Conduct Public Hearing to Consider a Zoning Request 1,5 from AG (Agriculture) to I4 (Industrial -1) on Property Legally described as Abstract 29, Part of Tract 113, Being 4.00 Acres in the West Part of the Tract along Stemmons. The Property is located on Stemmons and Utility Road, Public Hearing Opened, Zane Latham, owner of property, indicated he was trying to put in a stair pa�•ts manufacturing/distribution facility. Council looked at map of property. Mr. Latham indicated they intended to put in a 35,000 square foot building. It will have a show room and offices. The facility will have about 45 employees, currently they have 35 employees in Denton. Public Hearing closed. 11. Consider and Possible Action Regarding a Zoning Request Change from AG (Agriculture) to I4(Industrial -1) on Property Legally described as Abstract 29, Part of Tract 113, Being 4.00 Acres in the West Part of the Tract along Stemmons. The Property is located on Stemmons and Utility Road. Councilman Ervin moved to approve the zoning change, Councilman Evans seconded. Motion carried unanimously 12. Consider and Possible Action on a Preliminary Plat for Eagle Park, Phase iI, Lots 1-7, Block A, Being 7.205 Acres in the Henry Tierwester Survey, Abstract 1241. Property is Located on F.M. 455 and Acker Street. City Manager indicated there is one correction that will be made on the plat, they will extend the R.O.W. along 455 an extra ten feet so that it will match up with what is on Heritage West. Mayor asked if this is all businesses along 455, he expressed concerns regarding parking. City Manager indicated the lots are as large as the Dollar General and Post Office lots. Discussion regarding the plat. Mark Hill indicated his recommendations will be more strict than TXDOI on the driveways. Councilman Higgs moved to approve it with the 10 foot addition to the R.O.W., Councilman Garza seconded. Motion carried unanimously. 13. Consider and Possible Action on Resolution #02-02-02 -Approving the Lease/Purchase for Computer Software for Municipal Court. City Manager indicated the funds for this will come from the Technology Fund. Councilman Ervin asked how much the total cost was and how many months is the lease. Samantha Renz advised the cost is �9,948A0, and the lease is for 34 months. Councilman Waggoner moved to aiiopt Resolution #02-02-02, Counci�inan Garza seconded. Motion carried unanimously. 24. Consider and Possible Action on Appointment of New Members to Parks Board Item Tabled. 15. Consider and Possible Action on Piroeiamation #02-01-02 -proclaiming March 2002 to be "Red Cross Month". Mayor read proclamation -proclaiming March 2002 as "Red Cross Month" in Sanger, Texas. Councilman Evans moved to approve Proclamation #02-01-02. Councilman Ervin seconded. Motion carried unanimously. 16. Consider and Possible Action on City/County Plat Approval Agreement. Mayor asked if the City Manager had talked to the County. City Manager indicated the City Engineer is working on the ETJ map, and with this document the City will meet with the County and present them the map. City Manager indicated he needs authorization to sign the agreement or the document needs to be changed so that the Mayor can sign it. Councilman Ervin asked about the building permits in the County. Staff indicated that process will not change. City Manager indicated currently in E.T.J. subdividers have to go before County and City, this changes it to where they have to come to the City only. Discussion regarding City 's responsibilities if this is approved. Discussed maintenance of roads in E.T.J.'s. Councilman Higgs moved to accept the agreement and allow the City Manager to sign it, Councilman Evans seconded. Motion carried unanimously. 17. Consider and Possible Action on Terminating the Contract with the Chamber of Commerce Regarding their Appointment as the Tourist Information Center. Item Tabled. 18. Consider and Possible Action on Ordinance #02-02-02 -Amending Water Rate Ordinance. City Manager indicated the City doesn't want to include Churches in `vith Residentail, this will eliminate the possibility. Councilman Garza moved to adopt Ordinance #02-02-02, Councilman Ervin seconded. Motion carried unanimously. 19. Consider and Possible Action on Sewer Line Bore of F,M. 455. Mark Aill, City Engineer, indicated the high school is in the process of installing their• sewer line, the portion that parallels the railroad is going to have to be oversized, his recommendation was that the bore under FM 455 be installed as part of this project. The reasoning was for future construction. The line along 455 will tie into a manhole adjacent to the existing R.O.W. along 455. This line was gong to serve Bridle Path, it will be serving a great portion of the North part of the City. Mayor asked if the City can recoup any of the cost from Roger Hebard. Mark Hiil indicated he didn't see any way. Mayor indicated if the State comes l20 foot fi•om the middle of the road, what will this do to this line. Mark Hill indicated the existing sewer line may have to be relocated, it is in the existing R.O.W. the 27" line should be fine in the future. Councilman Evans asked if they could just do one side and force them to go under the road to tie into it. Marls Hill indicated one side cannot be done without long it all, in the future it may be a problem if we don't do it now. Discussion regarding the R.O.W. and the easements. City Manager indicated Mr. Hebard was only going to pay the cost of an 8" bore, the cost for that was only $6500.00. The only thing extra we will be paying is that $6500.00. Discussion continued. Councilman Garza moved to approve the boar, Councilman Evans seconded, Motion carried unanimously. 20. Meeting Adjourned. —k�1-2002i2o42 Phi VENT ._ ,01T 99— BANK. VENDOR ITEM NO# A/P PAYME�lT REPORT VENDOR SEQUENCE DESCRIPTION BANK CHECK S7AT DUE DT DI'aC D7 '99—Ob270 AAA—DENTON FIRE &SAFETY INV 189G9 5DC VEHICLE BRACKETS GNB99 R 3/05/2002 GfL ACCOUNT AMOUNT 001 24-5325 110,00 5DC VEHICLE BRACKETS VENDOR TOTALS REG. CHECK 99-4�=Oi50 ABC FLAGS INV 7661 12 USg 7 TX, 5 BANGER FLAGS GNB'99 R 3105f2002 G/L ACCOUNT AMOUNT 01 32-5333 11157,50 12 US, 7 TXg 5 SANGER FLAGS VENDOR TOTALS REG, CHECK 99--�: J ABC RESOURCES INV 2002011 EMT—B COURSE G/L ACCOUNT 001 24-5375 VENDOR TOTALS GFdB�9 R .�/N5/LOOt AMOUNT _ 6,500.00 EMT—B COURSE REG, CHECK 99-09770 ARRAKIS PUBLISHING INV 12887 SERVICE UPGRADE SOFTWARE GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT 001 24-5375 395.00 SERVICE UPGRADE SOFTWARE VENDOR TOTALS REG, CHECK '99-02460 CINGULAR WIRELESS INV 31859 CELL PHONE BILLS G/L ACCOUNT 008 15-5510 001 15-5510 001 24-5520 008 5&-5520 GNB99 R 3/0.,/c004 AMOUN 7 i21,31 MOBILE PHONES 121,30 MOBILE PHONES 107451 MOBILE PHONES 30182 MOBILE PHONES GROSS BALANCE 110,00 00 fgf57,50 57.50 i,15t,5k9 1 g 157, 50 U9 500, 00 .� J95a�n� 395, 00 395, 00 395.00 1g�13.�1 1g 013, O1 PAYMENT DISCOUNT i 10.00CR 110.00CR 0, 00 i� 15t.50t�R 1gi57.50CR a 00 6,500,NOCR Gg500,00CR 395.00CR 395.00CR 0, 00 1g01�,01CR PAGEa I OU7STAPdDIPdG `' n 0.00 0.00 01-G0& Oc.4G PM VEF, _ , SET : 99- BANI,. VENDOR ITEM NOS DESCRIPTION OOB 58`55e0 O01 352 -5520 001 28-5520 001 3G-5510 O08 3G-5510 99-O97c0 CLEAR CREEK SAND AIP PAYMENT REPORT VENDOR SEQUENCE BANK CHECK STAT DUE DT DISC DT 1c0.21 MOBILE PHONES 85.43 MOBILE PHONES 19.5G 19.55 REG. CHECK ItdV 1Oc0 RED CLAY! P/S CR LOAN GNB99 R 3I05fO00L GIL ACCOUNT AMOUNT 001 30-5370 ll4.00 RED CLAY/ PIS CR LOAM VENDOR TOTALS REG. CHECK 99-0�730 GDLLIN COUNTY COLLEGE !NV C4075 INT, USE OF FORCE GIL ACCOUNT 001 20-5540 VENDOR TOTALS 99-OG850 COMMUNITY PHARtT1AGY INV 31538 E. ENGERIX/PEDI GIL ACCOUNT 001 54-5375 VENDOR TOTALS GNB99 R 3105/�OOi' AMOUNT 50.00 INT. USE OF FORCE REG. CHECK GNB99 R 3/05/c�i°�Oc AMOUPdT 75.39 c ENGERIX/PEDI REG. CHECK 99-08770 GOMPUUATA PRODUCTS INV G31370 FOLDERS/BINDERS/NAME PLATES GNB99 R 3105/G003 GIL ACCOUNT AMOUNT 001 30-50"45 53.47 FOLDERS/BINDERS/NAME PLATES 008 10-5010 E3.98 FOLDERS/BINDERS/NAME PLATES 001 10-5210 23.98 FOLDERS/BINDERS/NAME PLATES INV 640609 EPS PRINTER/XEROGRAPHIC PAPE GNB99 R 3/0512002 GIL ACCOUNT AMOUNT 001 c8-5E10 104.99 EPS PRINTER CGO GROSS BALANCE 1 p 013.01 1 p 013.01 114.00 114.00 i 14.00 114.00 50.00 50.00 75.39 75.39 75.39 75.39 70.43 70.43 PAYMENT DISCOUNT 1p013.01CR 114.00GR 114.00CR 0.00 50.00GR 0.00 75.39CR 75.39CR 0.00 70.43CR PflGE a OUTSTANDING O.00 0.00 J-01-2002 02:42 PM A/P PAYMENT REPORT PAGE: 3 VENT` "ET: 99- BANF',: VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 008 19-5205 3.99 XEROGRAPHIC PAPER VENDOR TOTALS REG. CHECK 179.41 179.41CR 0200 17141 0.00 99-09660 CONTINENTAL BATTERIES INV 52418 UI-L BATTERY GNB99 R 3/05/2002 25.95 25.95CR G/L ACCOUNT AMOUNT E5.95 001 30-5325 25.95 UI-L BATTERY VENDOR TOTALS REG, CHECK 25.93 E5.95CR 0.00 25.95 0.00 99-00720 DATAMATIC.COM, LTD. INV 039475 MONTHLY METER READING MAINTE GNB99 R 3/05/2002 210.96 E10.96CR G/L ACCOUNT AMOUNT 2i0.96 008 19-tj %J 210.96 MONTHLY 11EIER READING MAINTENC VENDOR TOTALS REG, CHECK 210.96 210.96CR 0.00 210.96 0200 99-08460 DELL COt1PUTERS INU 76719E29 c50MB IOMEGA ZIP BUILT IN DR GNB99 R 3/05/c002 116.67 116.67GR G/L ACCOUNT AMOUNT 1i6.67 001 28-5210 116.67 250MB IOMEGA ZIP BUILT IN DRIV VENDOR TOTALS REG, CHECK 116.67 I16.67CR 0.00 116.67 0.00 INU 3062428 1000 ACA CLAMP PETERS GNB99 R 3f05/200c 258.00 258.00CR G/L ACCOUNT AMOUNT 258.O�t� 008 58-5250 258.00 1000 ACA CLAMP METERS VENDOR TOTALS REG, CHECK 258.00 23100CCR 0.00 01-2002 0204E PM A/P PAYMENT REPORT VET;` SET, 99- BANI%a ' VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK SIAT DUE DT DISC IT 99-00790 DENTON CO BUILDERS SUPPLY INV 43080 RD BOXESIREMODEL BOXES/ANCHO GNB99 R 3/05/2002 GIL ACCOUNT AMOUNT 001 15-5310 10,95 RD BOXES/REMODEL BOXES/ANCHORS 008 15-5310 10.95 RD BOXES/REMODEL BOXES/ANCHORS INV 43287 NAILS/208 #2 (4) GNB99 R 3/05/2002 GIL ACCOUNT AMOUNT 008 58-6020 18.94 NAILS/208 #2 (4) VENDOR TOTALS REG. CHECK 99-08650 DIRECT ACTION UNIFORMS INV 2034221 UNIFORMS GIL ACCOUNT 001 20-5255 00i 20-5255 VENDOR TOTALS 99--04C50 DISCOUNT TROPHIES INV 318G5 4XG PLATES GIL ACCOUNT 001 32-5221 VENDOR TOTALS GPdB99 R 3/05/2002 AMOUNT 418.87 UNIFORMS/d PERKINS 124,48 UNIFORMS/,I FULLER REG. CHECK GNB39 R 3/05/2002 AMOUNT 18.00 4XG PLATES REG, CHECK 99-9780 ELPASO LIGHTHOUSE INV 13834 HIGHWAY ZIPPER SAFETY VEST GNB99 R 3/03/2002 GIL ACCOUNT AMOUNT 001 30-52GO 252.41 HIGHWAY ZIPPER SAFETY VEST VENDOR TOTALS REG. CHECK GROSS PAYMENT BALANCE DISCOUNT 21.90 c1.90CR 21, 90 1a. 94 18, 94CR 18, 94 40.84 40.84CR 40. a4 0.00 c 543,35 543.35 543, 35 1a.00 f8.00 252.41 252.41 252, 41 546. ,�St,R 543.35CR 0, 00 252.41GR 252.41CR 0,00 PAGE: 4 OUTSTANDING 0.00 0.00 0.00 3-01-2G02 02142 PM VENP". SET. 99- BANK i VENDOR ITEM NO# DESCRIPTION 99-G66GG EMP INV 261401 BULB ASPIRATOR G/L ACCOUNT 001 24-5375 VENDOR TOTALS 99-U576G FIREHOUSE MAGAZINE INV 3342077 DUES 2YRS G/L ACCOUNT 001 24-52'25 VENDOR TOTALS A/P PAYMEN► REF'URI VENDOR SECUENCE BANK CHECK STAT DUE DT DISC DT GNB99 R 3/U5/2GD2 AMOUNT 5.5U BULB ASPIRATOR REG. CHECK GNB99 AMOUNT 49.97 DUES 2YRS REG. CHECK R 3f4�5/2aG2 99YC GALL'S INC. INV 31793 FLASHLIGHT SWITCHES GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT 008 50-5325 24.97 FLASHLIGHT SWITCHES VENDOR TOTALS REG. CHECK 99-G938G GEORGE HUDGINS INV 31780 WINDOW CLEANING G/L ACCOUNT 001 13-5310 008 15-5310 001 42-5310 001 20--5310 001 40-5310 VENDOR TOTALS GNB99 R �/Z+5/�U�i AMOUPIT 28.12 WINDOW CLEANING 28.12 WINDOW CLEANING 56.25 WINDOW CLEANING 5G.25 WINDOW CLEANING 5G.2G WINDOW CLEANING REG. CHECK 49.97 49.97 49.97 49. 9`I L4.97 24.97 24.97 24.97 225. GCj PAYP�ENT DISCOUNT 5.5UCR 5.5UCR 49.97CR 49.97CR G. GG 24.97CR 24.97CR 225.USCR 225. GQ+CR U.GG F'AGE: 5 OUTSTANDING l�l 3-01-2002 02a42 PM A/P PAYMENT REPORI PASS; 6 VE' ,,, SET: 99- BANI%v VENDOR SEQUENCE VENDOR ITEM N04 DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-01170 HOLLINGSWORTH MFG CO.INC. INV 4113 SANDBLASTING BENCHES GNB99 R 3/05/2002 65.00 65,00CR G/L ACCOUNT AMOUNT 65.00 001s2-5311 65.00 SANDBLASTING BENCHES VENDOR TOTALS REG, CHECK 65.00 65.00jCR 0.00 65.00 0200 99�09040 J RANDY THOMPSON INV 31802 CROWFOOT WRENCH HOLDER/PRES. GNB99 R 3/05/2002 75.77 75.77CR G/L ACCOUNT AMOUNT 75.77 001 36-5360 75,77 CROWFOOT WRENCH HOLDER/PRES.SP VENDOR TOTALS REG, CHECK 75.77 75.77CR 0.00 75.7! 0200 99 30 JAMES WOOD AUTOPARK, INC. INV 158880 FUEL PUMP GNB99 R 3/05/2''002 363.77 363.77CR G/L ACCOUNT AMOUNT 363.77 001 30-5325 3G3.77 FUEL PUMP VENDOR TOTALS REG. CHECK 363.77 363,77CR 0.00 363.77 0.00 99-03230 3ESWOOD OIL CO. INV 31864 FUEL GNB99 R 3/05/200c 2,718.06 2,718.06CR G/L ACCOUNT AMOUNT 2,718.06 001 20- 5320 720. 50 001 24-5320 254.95 008 50 5320 615.89 001 30-5320 315.96 001 32-5320 315.96 008 58-5320 384,13 001 36-5320 34.04 008 36-5320 34.04 001 28-5320 42.59 VENDOR TOTALS REG, CHECK 21718.06 21718.06CR 0.00 2,718.06 0.00 -ai-case ac:4c PN VEND"- 'IET: 99- BANK a VENDOR ITEM NOR DESCRIPTION 99-a5a6a LIBRARY BINDING GO. INV 65032 BINDINGS G/L ACCOUNT aai 42-6a50 VENDOR TOTALS 99-a157a LOWE'S COMPANIESg INC. INV 183a5a84 SCREWS/LUMBER G/L ACCOUNT 001 32-5375 VENDOR TOTALS 9'9-�� ? MIDWEST TAPE INV 427549 VIDEO TAPES G/L ACCOUNT 001 42-6050 VENDOR TOTALS A/P PAYMENT REPORT VENDOR SEQUENCE BANK, CHECK STAT DUE DT DISC DT GNB99 R 3/a5/case AMOUNT 285.56 BINDINGS REG. CHECK G�dB�9 R draSlLaaL AMOUNT 18c.46 SCREWS/LUMBER REG. CHECK, GNB99 R 3ra5/caac AMOUtdT 106.98 VIDEO TAPES REG, CHECK 99-a654a MUNICiP'RL SERVICE BUREAU INV 31800 COLLECTION ON WARRANTS GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT aai 004645 917.15 COLLECTION ON 1ARRANTS VENDOR TOTALS REG. CHECK 99-a869a O'REILLY AUTO PARTS INV c96c84 RADIATOR G/L ACCOUNT 008 00-12108 VENDOR TOTALS GNB99 AMOUNT 166.99 RADIATOR REG, CHECK R d/aJrGaaL GROSS BALANCE c85.56 c85.56 c85.56 c85.56 18L. 46 18c. 46 1a6.9B 1a6.98 ia6.98 1 a6.98 917. f5 917.15 917.15 917.15 f66.99 166.99 166.99 166.99 PAYMENT DISCOUN`i c85.56GR c85.56CR a. as 106.46CR 18c. 46CR a. as 917.i5CR 917.15CR a. as 166.99CR 166.99CR a. as PAGES 7 OUTSTANDING 3-01-200c 02:42 Phi HIP PAYMENT REPORT VEI SET: 99— BANr,: VENDOR SEQUENCE VENDOR ITEM N04 DESCRIPTION BANK CHECK STAT DUE DT DISC DT 99-08570 P'iC ING iCdV i2139 80L36C SUPER POWER PLUS GN899 R 3/05/COAL G/L ACCOUNT AMOUNT 001 20-5325 i6.33 80L3GC SUPER POWER PLUS 001 24-5325 16.33 BOL36C SUPER POWER PLUS 001 28-5325 16,33 8OL36C SUPER POWER PLUS 001 30-5325 16.33 80L36C SUPER POWER PLUS 001 36-5325 8.17 8OL36C SUPER POWER PLUS 008 36-5325 8.16 BOL36C SUPER POWER PLUS 008 50-5325 16a33 80L36C SUPER POWER PLUS 00B 54-5325 16.33 BOL36C SUPER POWER PLUS 008 58-5325 16.32 8OL36C SUPER POWER PLUS VENDOR TOTALS REG, CHECK 99-02140 RADIO SHACK INV 31633 REFILL KIT G/L ACCOUNT 001 24-5210 VENDOR TOTALS 99-02200 ROADRUNidER TRAFFIC SUPPLY INV 23757 10FT X 2 3/8 POLES G/L ACCOUNT 001 30-5380 VENDOR TOTALS 99-09520 SA —SG GN899 R 3/05/2002 AMOUNT 19.99 REFILL KIT REG. CHECK GN899 R 3/05fc002 AMOUNT 397.75 IOFT X 2 3/8 POLES REG, CHECK: INV 19,�826 HARD HATS/CLS 2 VEST GN899 R 3/05/2002 Gr'L ACCOUNT APiOUtdT 008 50-5260 473a78 HARD HATSICLS 2 VEST VENDOR TOTALS REG. CHECK GROSS BALANCE 130a63 130. 63 1:,0.63 130.63 19.99 19.99 19.99 19.99 397.75 397a 75 397.75 397.75 473.78 473.78 473a 78 473.78 PAYMENT DISCOUNT 130.63CR iv;0a �;CR 0.00 19.99CR 19.99CR 0.00 397.75CR 397.75�.:R 473.78CR 473.78CR PAGE: 8 OUTSTANDING 0.00 ,rr 3�01-2002 02.4E PM VEND, _ aET: 99- BANK: VENDOR ITEM NO# 99-02450 50LONON A1P PAYMENT REPORT VENDOR GEtIUENCE DESCRIPTION BANK CHECK STAT DUE DT GROSS DISC DT BALANCE INU 00i139i6 100 KUA SINGLE PHASE F'ADMOUN GN899 R 3/05/2002 1,254.00 G/L ACCOUNT AMOUNT 11254.00 008 58-53G5 11254.00 100 KVA SINGLE PHASE PADMGUNT VENDOR TOTALS REG, CHECK 11254,00 1, 254.00 99-02820 TRACTOR SUPPLY CO. INV 31798 NYLON ROPE G/L ACCOUNT 001 A0 5375 VENDOR TOTALS GN899 R 3i05/2002 AMOUNT 107.31 NYLON ROPE REG, CHECK 99--0� � T ONY TULLOS INV 31918 2/27 & 2/28 COLLIN CO COLLEG GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT 001 20-5240 5a.00 2/27 & 2/28 COLLIN CO COLLEGE VENDOR TOTALS REG. CHECK i99-0i550 TXU GAS i INV 31869 GAS BILL OFFICES GNB99 R 3/05/2002 R 3f05/2002 ft 3/05/2002 i07.3i 107.31 107.31 107.31 50.00 5a. as 80.19 80. i9 3i0.61 310.61 PAVMEPdT DISCOUNT 1,c54.00Cft 1, 254, aacR moo ia7.JiCR 107.3iCR a. a0 50.00CR 50. k70CR a. as 80. i9CR 31a.61CR i3.54CR WAGE: 3 OUTSTANdING 3-01�2002 0c:4c PM VEP. ,; SET: 99- BANr,; VENDOR ITEM N04 A/P PAYMENT REPORT PAGE: 10 VEPJDOR SEt7UENCE DESCRIPTION BAND, CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT VENDOR TOTALS REG. CHECK 404.34 404.34CR kl. GG 404.34 0.00 99-0G330 UTILITY PLUS INV 35899340 TIS/BUSHINGS/ANGLE STOPS GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT 008 50 J360 458.67 T'S/BUSHINGS/ANGLE STOPS INV 3597687 BRASS NIPLES/BRONZE VALVE GNB99 R 3/05/2002 G/L ACCOUNT AMOUNT 008 50®53GO 35G.10 BRASS NIPLES/BRONZE VALVE VENDOR TOTALS REG. CHECK 99-00180 VERIZON �JIRELESS INV 3191E PAGERS G/L ACCOUNT 001 2'0-5525 008 58 5525 008 50-5525 001 28-5525 008 15-5510 001 15 5510 001 30-5525 001 32-5525 001 24-5525 VENDOR TOTALS AMOUNT ic5.39 PAGERS 118.39 PAGERS 7138 PAGERS 10.95 PAGERS 14.95 PAGERS 14.95 PAGERS 45.84 PAGERS 45.84 PAGERS 10.95 PAGERS REG. CHECK ft 3/05lc00c 458.G7 458.67CR 458. 67 35fi.10 ,�5u.10CR 35G.10 814.77 814.77CR 0.00 814.77 0.00 460.G4 460.64CR 4E0. G4 460.64 4E0.64CR 0.00 4E0.64 0.00 1`Y11`L AE: 02v42 PM A/P PAYMENT REPORT NAGE: 11 VENDOR SETe 99- ___�m______________�___esm__________.___e__a______r� R E P O R T T O T A L S FUND DISTRIBUTION FUND NO# FUND NAME AMOUNT 001 GENERAL FUND 151007.KCR 008 ENTERPRISE FUND 51353.16CR x TOTALS ww 201360.BSCR -- TYPE OF CHECK TOTALS ---- TOTAL CHECKS TO PRINT: 40 HAND CHECKS DRAFTS BEG -CHECKS NON -CHECKS ALL CHECKS ERRORS: 0 GROSS PAYMENT NUMBER BALANCE DISCOUNT 0.00 0.00 0.00 c0y360.as L0q�60.BBGR L0y360.88 0.00 0.00 0.00 0.00 0.00 �'0,360.BB L0gv60.BBCR L�y 3�0. �B 0. FUHI !=lARNINGS: 0 OUTSTANDING 0.00 0.00 March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #4 Ben Snyder requested to address the Council regarding the completion of Kammie Patten Park. March l , 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #5 Several citizens have expressed concerns regarding the maintenance of Holt Road. They have requested to address the Council regarding this. Holt Road is a private road and has not been deeded to the City. iXU Gas Distribution 1601 Bryan St, Ste 32-002 Dallas,TX 75201-3411 Tel: 214 812 4821 Fax:214 812 3221 shoulel@txu.com Stephen J. Houle Vice President March 1, 2002 TXU TO THE HONORABLE GOVERNING BODY OF THE CITY OF SANGER Attached for filing please find a Statement of Intent of TXU Gas Distribution to change the rates charged for natural gas service in Sanger. In addition to the Stag,Cv ..-.6Mt, transmitted with this letter as part of this filing is the Tariff for Gas S:.: F-vecutive Summary and Cost of Service Schedules. Voluminous workpapers relating to the Cost of Service Schedules are available upon request. TXU Gas Distribution appreciates having the opportunity to serve your community with the benefits of natural gas, and is striving to be the best in our industry as your natural gas provider. Sincerely, Attachments Receipt Acl�lowledged by: Title: r Date: ' Z-- c March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #6 TXU has asked to be placed on the agenda to discuss the gas distribution rate. There is more detailed information enclosed with your packet. March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City SecretarylAssistant Ciiy Manager Re: item #7 The resolution is attached. This is the first step in the annexation process. This will take in the remaining tract on Keaton Road, the City property on McReynolds Road, and the remainder of Ruth Marshall's property on F.M. 455, S ZOt�n RES%jutj ON 03-03-02 It , , ,i. i kNNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGE R, AN kUTHORIZING AND DHLECTING THE PUBLICATIONOF i OF t VEARINGS NOW TftEREFORE, BE iT RESOLVED BY THE CITY COITNCIL OF THE CITY OF SANGER, TEXAS: That such Public ftearings will be held by the Governing Body of the City of Sanger, in the City Hall at 7000 P.M. on March 18, 2002 and April 1, 2002 considering annexation into the City limits of the following described property: ABSTRACT 1241A, TRACT 77, BEING 9.87 ACRES (AMYX) URRENTLY IN THE CITY, (CITY) ABSTRACT 1241, TRACT 59, BEING 95.00 ACRES (RITTft MARSAALL) PASSED AND APPROVED this 4th day of March, 2002. Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #8 A copy of the proposed contract is attached. This is basically the same contract that the City had with the Chamber with the exception of the requirement for the Tourism Board. The auditor indicated the board was not necessary, and that basically having the board was creating a board for a board that already existed. fl002 7 THIS CONTRACT, this day made and entered into between the City of Sanger, Texas„ a Municipal Corporation, hereinafter called "City" and the Sanger Area Chamber of Commerce, a Texas nonprofit corporation, hereinafter called "Chamber" upon the following terms and conditions; WITNESSETH SECTION 1-The City does hereby agree to pay quarterly to the Chamber 100% of all Hotel Occupancy Tax Funds for the public purposes of: (a) establishing and maintaining a "Tourist Information Center" (b) providing general promotional and tourist advertising of the City and its vicinity; and (c) conducting a solicitation and operating program to attract conventions and visitors to the City. Said monies shall be paid by the City to the Chamber by November 10, February 10, May 10 and August 10 of each year. SECTION 2 - In approving and authorizing the execution of this contract, the City Council of the City of Sanger, Texas, does hereby find and determine that the provision by the Chamber of the services contemplated herein for the accomplishment of the public purposes hereinabove set forth, and the ministerial and administrative work related to the provision of such services and to the expenditure of the funds provided by the City for said purposes, are in the public interest and beneficial to the City and its inhabitants, and further more, that said funds can be better expended and said public purposes more effectively accomplished through the Chamber, acting through its Board of Directors with facilities, officers and employees skilled and experienced in said work and services, by means of this Contract. SECTION 3 - In connection with the funds to be paid by the City to the Chamber under the terms of this Contract, the following terms and conditions shall apply: (a) The use and expenditure of such funds shall be only as authorized by Section 351.101 of the Texas Tax Code and be subject to the allocation of revenue as provided for in Section 351.103 of the Texas Tax Code. (b) On or before July 1 of each fiscal year during the term of this Contract, the Chamber shall submit the required annual budget to the City Council for approval. (c) The Chamber shall maintain records that accurately identify the receipt and expenditure of all revenue received by the City, make available to the City's auditor all of its books and records relative to the funds paid to the Chamber by the City under this contract. (d) Said funds shall be deposited in a special account by the Chamber and shall be expended only for the purposes authorized by Section 351.101 of the Texas Tax Code, and shall be dispensed under the direction of the Tourism Board as provided herein. R!t �l. �. S Si. i � l3 { i�j \{ �i1x,` Z I 5-:..i .)!{ f.;:.?II t SECTION 4 The term of the Contract shall be from the date of its execution until terminated, as hereinafter provided. In this regard, it is specifically understood and agreed that either party may terminate this contract at any time with thirty (30) days written notice. SECTION 5 -The relationship of the Chamber under the terms of this Contract shall be that of an independent contractor of the City. Relative thereto, the City shall not be liable for any claims or demands for damages, monetary or otherwise, that may grow out of or arise from the Chambers actions in carrying out its duties under the terms of this Contract, and the Chamber does hereby agree and shall hold the City harmless from and indemnify it against all such claims and demands. SECTION 6 -The foregoing sets forth the entire Contract between the parties, which maybe modified only by written amendment executed by each of the parties hereto. APPROVED and ADOPTED this day of , 2002. Signed: Mayor City of Sanger President Sanger Area Chamber of Commerce U002� March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #9 A copy of the proposed Ordinance is attached. This is adopting the Code that has been recodified. We have one copy of the new code at City Hall if you wish to review it. We will receive complete new code books for the Council once this Ordinance is approved and returned to Franklin Legal. .� .. "b:` ORDINANCE NO. AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the Code of Ordinances of the City of Sanger, Texas, consisting of Chapters 1 through 14, each inclusive, and Appendices, is hereby adopted and enacted which shall supersede all other general and permanent ordinances of the Town passed on or before October 15, 2001. Section 2. All ordinances of a general and permanent nature enacted on or before October 15, 2001, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless a differing penalty is expressly provided for within the Code, every person convicted of a general violation of any provision of the Code or any rule, ordinance, or police regulation of the Town shall be punished by a fine not to exceed $2,000.00 for violations of all such rules, ordinances and police regulations that govern fire safety, zoning, or public health and sanitation, including dumping of refuse, and not exceeding $500.00 for all other violations. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town may pursue Aber remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the Town Council to make same a part of the Code shall be deemed to be incorporated into the Code, so that reference to the Code includes the additions and amendments. Page 1 of 1 3Tu� �� rt� ��I L Section 6. Ordinances adopted after October 15, 2001, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance and the Code adopted hereby shall become effective upon final passage of this ordinance. ADOPTED AND APPROVED BY THE TOWN COUNCIL OF THE CITY OF SANGER, TEXAS, ON THIS THE DAY OF , 2002. ATTEST: Town Secretary Mayor 0003� Page 2 of 2 March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 10 We are replacing Jim Kastel and Patti Sliger on the Parks Board. We are recommending Faith Sloan and we will have the second name at the meeting. John Jacobs has a recommendation; however, has not turned in the name yet. March 1, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 1 i Attached is the Resolution on this item. This is from our tax attorneys requesting to solicit bids for property that has delinquent taxes. The City `s portion of the delinquent taxes is $4,924. 81 a 0003� .. .. .. ,. � t .. .., ..... .... ... .mot; �.. I F.., ,... Whereas, Cause No. 99-0372-158, County of Denton vs. T.H. Jones, was filed in the District Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit: 1.866 Acres more or less out %J Abstract 1241 %J the Henry Tierwester Survey 298, Old DCAD Tract 48 on Sheet 2, in the City of Sanger, Denton County, Texas being that property more particularly described in Volume 208, Page 569 of the Deed Records, Denton County, Texas Whereas, the District Court of Denton County, Texas granted Judgment on August 17, 2000, in favor of the taxing jursidictions of Denton County as follows: County of Denton $ 2,811.80 City of Sanger $ 49924.81 Sanger Independent School District $ 129540.87 Denton County Education District $ 11492081 Total Due $ 21,770.29 Market Value $ 37,320.00 (According to Denton Central Appraisal District) Whereas, said parcel of land was offered for sale on February 5, 2002 by the Sheriff of Denton County at public auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; and Whereas, said parcel of land did not receive a sufficient bid as set by law and was struck off to the County of Denton, Trustee, in trust for itself, the City of Sanger, a mumcipal corporation and Sanger Independent School District pursuant to Section 34.01 (c) Property Tax Code, and Whereas, the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code. Wherefore, Be It Resolved that the City Council of the CITY OF BANGER does hereby authorize the Trustee to solicit from the public bids on the said parcel of land or to request that the Sheriff of Denton County sell this property pursuant to Section 34.05(c) Property Tax Code, and we do hereby consent to the sale of said parcel of land to the highest bidder even if the bid tendered is less that the market value of the land specified in the judgment of foreclosure or the total amount of the judgment against the property. We authorize the presiding officer of this body to execute any deed necessary to AI convey the parcel of land upon sale. This resolution is adopted on this the Mayor for THE CITY OF SANGER. day of PRESIDING OFFICER SECRETARY 2002 by the 0003� March 1, 2002 To: Honorable Mayor and City Council Fr: Rase Chavez, City Secretary/Assistant City Manager Re: Item # i 2 Attached is a copy of this agreement. GSA prepared the grant for the City and this will allow them to administrate the funds. This is the Rehabilitation and Reconstruction Grant that was received through the Texas Department of Housing and Community Affairs. 00436 AGREEMENT BETWEEN CITY OF SANGER, TEXAS AND GOVERNMENTAL SERVICE AGENCY, INC. (GSA) WHEREAS, the City of Sanger hereinafter referred to as the City, desires to engage the professional services of Governmental Service Agency, Inc., P. O.Box 450758, Garland, Texas, 75045-0578 hereinafter referred to as GSA, to provide management and administrative assistance in the administration of a Texas Home Investment Partnership (HOME) Program grant from the Texas Department of Housing and Community Affairs (TDHCA); and r WHEREAS, GSA agrees to provide such management and administrative assistance in the implementation of the City's 2001 HOME Reconstruction and Rehabilitation Program; and WHEREAS, this Agreement, entered into by and between the City, acting herein by the duly elected Mayor and GSA, acting herein by a duly appointed corporate officer; NOW THEREFORE, both parties agree as follows: I. SCOPE OF SERVICES GSA shall provide the following professional services under this agreement: A. Program Management 1. Prepare program guidelines. 2. During the course of the program, GSA will provide general advice with respect to the implementation of the HOME Program and regulatory requirements. 3. Furnish the City with necessary forms and procedures required for implementation of the program. Prepare application packets for prospective applicants to participate in the rehabilitation program. 4. Provide training for City personnel who will be directly involved in the program to assist them in handling any routine and daily tasks they may be required to perform. These services will be provided on an as - needed basis. Page 1 of 6 O � � .. . .... ... . , . .... .. l �1 '+rd $ 5. Review applications for completeness and eligibility and provide recommendations to the City for selection of applicants. Provide counseling, documentation and assistance to applicants to insure compliance with program requirements. 6. GSA will serve as liaison for the City during any monitoring visit by staff representatives from either TDHCA or the U. S. Department of Housing and Urban Development (HUD). GSA will provide a representative for any scheduled monitoring visit(s), provided the City gives sufficient notice of such visit(s). 7. GSA will assist the City in meeting all special condition requirements that may be stipulated in the contract between the City and TDHCA. 8. GSA will prepare and submit to TDHCA all required periodic progress and compliance reports. 9. GSA will provide technical assistance to the City in meeting citizen participation, Mf"E outreach, and fair housing/equal opportunity requirements as may be required for participation in the HOME Program. 10. GSA will assist the City in developing a recordkeeping or filing system consistent with the HOME Program guidelines. B. Financial Management 1. GSA will assist the City in establishing a grant accounting system including ledgers. 2. GSA will assist the City in submitting the direct deposit and authorized signatory forms to TDHCA. 3. GSA will assist the City in submitting fund drawdown requests as needed in order to ensure orderly, timely payments to all contracted parties. 4. GSA will not be obligated to provide the following services: (a) obtain appropriate surety bond; (b) be responsible for internal control; (c) provide day-to-day maintenance of records and files; (d) draft checks; (e) pay invoices, (f) enter transactions in books; or (g) reconcile bank statements. Page 2 of 6 I ;• C. Environmental Review GSA will assist the City in preparing an Individual Site Statutory Checklist form for each property assisted and in meeting other environmental clearance procedures as required by TDHCA. GSA will not, however, be required to conduct any needed Environmental Impact Statement should any environmentally related problems be found through the environmental assessment. D. Labor Standards 1. GSA will assist the City in complying with the labor standards requirements of the program by reviewing all contract documents, providing applicable notices to TDHCA, conducting preconstruction conferences, securing prevailing wage rates and reviewing the contractor's payroll reports if applicable. 2. GSA will furnish the local businesses and/or contractors) involved with the project, the necessary forms and documents necessary for their execution as may be required by TDHCA in order to fulfill their requirements in the program. E. Equal Opportunity/Affirmative Action GSA will assist the City in complying with requirements under the program in regards to Fair Housing and Equal Opportunity, Section 504 Accessibility; Historically Underutilized Business Outreach; Affirmative Marketing policies and procedures; Minority/Women Owned Business Enterprises (M/WBE), M/WBE reports, and documenting project beneficiaries by race, ethnicity and sex. F. Reconstruction Activities The primary purpose of this project is to provide financial assistance for the reconstruction (replacement) of homes; however, if homes are not available to expend all grant funds for reconstruction, then any remaining grant funds will be used to rehabilitate homes, as necessary. G. Inspections and Construction Management 1. GSA will assist the City in coordinating all inspections by a TDHCA approved inspector and will assist in the preparation of work write- ups and cost estimates of the needed improvements. 00039 Page 3 of 6 At . _ .. . , ,...._ . ._ ,. ].. 2. GSA will assist homeowners in obtaining bids and reviewing such bids for cost reasonableness. 3. GSA will evaluate the qualifications and eligibility of any contractor selected for work. GSA also will submit the Contractor Eligibility Verification Form to TDHCA. 4. GSA will conduct a preconstruction conference with the homeowners to discuss the proposed work schedule, procedures for payments and inspections and other construction matters, including lead -based paint counseling. 5. GSA will insure that all contracts, change orders, inspections, request for contractor payments, disbursement of funds and release of liens are issued and executed in accordance with program requirements. H. Close -Out and Audit Reports 1. GSA will prepare a final performance reports (Project Completion Reports and Contract Completion Report) along with other required close-out documents for submission to TDHCA for close-out of the program upon its completion. 2. GSA will provide the City's auditor with adequate information and AD audit guidelines for conducting an official audit report of the grant funds. 3. GSA will assist the auditor in order to rectify or explain any negative findings) that may have arisen during the audit. In the event any finding cannot be adequately resolved with the auditor, GSA will determine the basis for the finding, and if a satisfactory response to the finding can be made, include it in the audit report to mitigate its adverse effects. I. Miscellaneous If HOME Program assistance funds are recaptured during the prescribed affordability period, GSA will insure that the funds are made available to other qualified applicants or that the funds are returned to TDHCA. H. COMPENSATION The City agrees to compensate GSA with funds for services rendered under this agreement as follows, 1. General Program Management (Admstrative Services) 2. Rehabilitation/Reconstruction Soft Costs — 12% of each project as allowed by the HOME Program from grant funds. GSA soft costs include, but are not limited to, on -site construction management, home inspections, work write-ups specific to each project, environmentals, survey's, and other project -specific activities. 3. Fees for GSA shall be payable within 30 days after receipt of an invoice from GSA for services rendered. 4. From local funds or in -kind matching, the city will cover costs associated with demolition and removal of homes approved as projects, any required lead -based paint inspections or other environmental tests not covered by HOME funds*, required property surveys, waiver of utility and other inspection or building fees charged by the city, and other construction soft costs and construction hard costs necessary to satisfy matching funds requirements as agreed to in the grant application and contract with the HOME Program. *Where lead -based paint inspections/testing is conducted on a home, but the home is not rehabilitated, the city will be required to cover the costs of such inspection/test from local funds. The HOME program only reimburses soft costs from grant funds when a home is rehabilitated or reconstructed. III. GENERAL PROVISIONS A. The City agrees to provide adequate staff support, resources and general cooperation, including publishing notices and holding meetings, throughout the term of the program to ensure completion of the project. The City will also be responsible for retaining all grant files for a period on not less than three (3) years after the official closeout of the contract with HOME. B. All services provided by GSA under this agreement shall be provided during the course of the program, but in no event shall GSA be obligated to provide these services past the City's contract end date with TDHCA. Should the project contract be extended past that date, then GSA may be compensated an additional amount as may be mutually negotiated to by both parties. Page 5 of 6 C. During the term of this agreement, the City shall hold GSA or any of its employees harmless of and from any claims, demands, suites, actions, causes of action, liability and expenses, all of any kind or type whatsoever, including but not limited to, attorney's fees and expenses incurred in defense thereof, arising either directly or indirectly from any activity associated with the grant project except for program administration responsibilities for GSA as outlined in this agreement. GSA will remain responsible for any breach by GSA of this agreement and for any breach by GSA of any program administration responsibilities of GSA as set forth in this agreement. In no event shall GSA's liability exceed the total amount of compensation paid to GSA under the terms of this agreement. D. This agreement shall begin with inception of the HOME Program grant contract and remain in effect for the duration of said program unless otherwise terminated in accordance with the termination provisions contained in Exhibit A. This agreement shall automatically terminate upon closeout of the grant or end date of the City's contract with TDHCA, whichever comes first. E. Exhibit A - "Related Terms and Conditions'; attached hereto, is hereby incorporated by reference in this agreement. F. Exhibit B - "Compensation Payment Schedule for Administrative Services". attached hereto, is the payment schedule for Part H. Compensation, of this Agreement. G. In the event of any conflict of provisions between this agreement and the exhibits attached hereto, the provisions of this agreement shall be controlling. IV. ACCEPTANCE ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the authorized parties as signed below: CITY OF SANGER: Mayor Date GOVERNMENTAL SERVICE AGENCY, INC.: David K. Lewis, President 1�CzS�o� Date Page 6 of 6 ' f CONTACT FOR PROFESSIONAL SERVICES RELATED TERMS AND CONDITIONS 1. Termination of Contract for Cause -- If, through any cause, the C�psultant shall fail to fulfill in a timely and proper manner his/her obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least thirty days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this contract shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed therein. Not withstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of an breach of the contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. However, in no event shall GSA's liability exceed the total amount of compensation paid to GSA under the terms A this agreement. 2. Changes in Scope of Services -- The City may, from time to time, request changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this contract. 3. Personnel (a) The Consultant represents that he/she has, or will secure at his/her own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of, or have any contractual relationship with, the City. (b) All of the services required herein will be performed by the Consultant or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Page 1 of 5 (I A Q c� (c) Any work or services subcontracted herein shall be specified by written contract or agreement and shall be subject to all provisions of this contract. 4. Assignability -- The Consultant shall not assign or transfer any interest in this contract without the prior written notice to the City including but not limited to the assignment of the contract to a bank, trust company or other financial instutition for claims for money borrowed against such contract. Written notice of any such assignment or transfer shall be furnished promptly to the City. 5. Reports and Information -- The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 6. Records and Audits -- The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three (3) years after the expiration of this contract unless permission to destroy them is granted by the City. 7. Findings Confidential -- All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 8. Copyright -- No report, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant. 9. Compliance with Local LawsConsultant shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract. 10. Equal Employment Opportunity -- During the performance of this contract, the Consultant agrees as follows: (a) The Consultant will not discriminate against any employee or applicant for the employment because of race, creed, sex, color or national origin. Page 2 of 5 0 0 0 4 (b) The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. (c) The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the City's auditor and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Consultant's non-compliance with clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Consultant will include the provisions of the paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontractor purchase order as the City's Department of Housing and Community Development may direct as a means of enforcing such provisions including sanctions for not -compliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City's Department of Housing and Community Development, the Page 3 of 5 1 EXHIBIT A Consultant may request the United States to enter into such litigation to protect the interests of the United States. 11. Civil Rights Act of 1964 -- Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, creed, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 12. Section 109 of the Housing and Community Development Act of 1974 -- No person in the United States shall on the grounds of race, creed, color, sex or national origin be excluded form participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole of part with funds made available under this title. 13. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C. F. R. 235, and all applicable rules and order of the Department issued thereunder prior to the execution of the contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (c) The consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CO F. R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C . F. R. Page 4 of 5 Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (d) Compliance with the provisions of Section 3, the regulations set forth in 24 C. F. R. Part 135, and all applicable rules and orders of the Department issued herein prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractor, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C: F. R. Part 1359 14. Section 504 Handicapped (if $2,500 or Over) Affirmative Action for Handicapped Workers -- The Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. 15. Interest of Members of a City -- No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps to assure compliance. 16. Interest of Other Local Public Officials -- No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract, and the Consultant shall take appropriate steps to assure compliance. 17. Interest of Consultant and Employees -- The Consultant covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the program area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services herein. The Consultant further covenants that in the performance of this contract, no person having any such interest shall be employed. Page 5 of 5 /i I1i 1 V di COMPENSATION PAYMENT SCHEDULE FOR ADMINISTRATIVE 5ERV4CES management services t►. provided • corrmlete the• • •g • •y.n milestones per ► following percentages of • maxinitim professional services camol.mt, Of Contract Program set-up (initial drawdown) 20% Establishment of Recordkeeping System; Environmental, Affirmative Marketing; Applications Review and notifications 20% Work write-ups/Completion of BidslContract award process Contracts signed with City, homeowners, and contractors; Pre -construction conference 20% Construction completion 30% Filing Certification of Completion 10% TOTAL Administrative 10004 MILESTONE (soft costs) GSA's 12% soft costs will be drawn down with each hard -cost construction draw, based on the amount of work or item identified at each construction draw interval. Soft cost is 12% of each house construction cost. Soft cost will be drawn as needed to cover such items as construction oversight activities, inspections, environmentals, and surveys as needed. DoO� � 000.� o • • • DENTON COUNTY Hayes, Coffey & Berry, P.C. Present The 1st Annual F1KENUMT&K5 & LAW ftNF®RC E T Recognition Banquet We'd like to invite all Fire Department and Law Enforcement Agencies of Denton County to nominate one person from their department who has demonstrated outstanding service to their department and community within the past year. Media Sponsor: WBAP Radio DEADLINE: February 25, 2002 One firefighter and one law enforcement officer will be honored on the evening of Thursday, March 14, 2002 at 7 pm. Nominee. Department: City Nominated by: Reason for nomination/accomplishment: Use bark for oddilionol commen►s MON See OW We The 1°f Annual DENTON COUNTY FIREFIGHTERS &LAW ENFORCEMENT Recognition Banquet HE A Name• Address: City; State• Zip: Phone• fax: E-mail: Department: Total Tickets Requested: Location: Speedway Club/Texas Motor Speedway 35W at Hwy.114 All attendees are encouraged to wear uniforms. Date: Thursday, March 14, 2002 7 pm Please Fax or Mail Ticket Request by Mar<h 1, 2002 to: The Crouch Group • 300 N. Carroll Blvd., Suite A, Denton, TX 76201 phone:940.383.1990 fax:940.483.0520