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09/05/2000-CC-Agenda Packet-RegularAGENDA CITY COUNCIL TUESDAY, SEPTEMBER 5, 2000 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes. August 21, 2000 August 28, 2000 - Workshop b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action on Resolution # 09-20.00 -Setting Date, Time and Place of Public Hearings on proposed Annexation. 5. Conduct First Public Hearing on Proposed Annexations on Properties Legally Described as Follows: ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 108, BEING 38.924 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 110, BEING 41.1099 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACTBEING 50.00 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 112, BEING 3.00 ACRES ABSTRACT 071A, -RUM LESON, TRACT 6, BEING 4.0129 ACRES (HAISLER), AND ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (HAISLER), AND ABSTRACT 664A, F. JAIME, TRACT 31, BEING 9.61 ACRES (HAISLER), AND ABSTRACT 666A, JOHNSON, TRACT 2, BEING 177.87 ACRES (HAISLER), AND ABSTRACT 249A, COKER, TRACT 1, BEING 37.4171 ACRES, AND ABSTRACT 562A, HUDSON, TRACT 5, BEING 5.280 ACRES, AND ABSTRACT 1271 S. WILLIAMS, TRACT 39 BEING 2.96 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 75, BEING 0.3129 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 711 BEING 1.47 ACRES ABSTRACT 12419 TIERWESTER, TRACT 669 BEING 7.583 ACRES, AND ABSTRACT 12411 TIERWESTER, TRACT 67A9 BEING 1.148 ACRES, AND ABSTRACT 12419 TIERWESTER, TRACT 65A9 BEING 40.2356 ACRES 6. Discuss Possible Ordinance Designating a Certain Area as the Sanger Tax Abatement Reinvestment Zone No.1, and Guidelines and Criteria for Tax Abatements to Qualified CommerciaWndustrial Projects, and a Tax Abatement Agreement Between the City of Sanger and Walmart Stores East Inc. 7. Consider and Possible Action on Interlocal Agreement for Ambulance Services for FY 2000-2001 with the City of Denton. 8. Consider and Possible Action regarding Legal Action against TXU for Delinquent Electric and Gas Franchise Fees. 9. Consider and Possible Action on the Closing of Elm Street from 3r`' Street to 5"' Street, and Bolivar Street from 2°d Street to 5' Street, 4' Street form Cherry Street to Elm Street, and 3ra Street from Cherry Street to Elm Street for the Sanger Sellabration on September 9, 2000. 10. Consider and Possible Action Regarding Solicitation of Bids for Electric Line on I-35 to Serve Walmart Distribution Center. 11. Consider and Possible Action on Resolution #09-21-00 -Authorizing Loan from GNB. 12. Any Other Such Matters. 13. Discuss Tax Rate; Take Record Vote; Schedule Public Hearing on Tax Rate. 14. Adjourn. ('�� ��r�,ft Rosalie Chavez, City Sec Lary 111 --"Date & Time Posted .aj .b This facility is wheelchair accessible andIi 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) 45 &7930 for further information. MINUTES: CITY COUNCIL MONDAY, AUGUST 21, 2000 PRESENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilman Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig Waggoner OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant Samantha Renz, Streets Supervisor John Henderson, Police Chief Curtis Amyx, Jerry Schertz, David Miller, Alice Madden, Jack Biggerstaff, Jack Richardson, Nel Armstrong, Debra Rucker, Shelley Ruland, William Rucker 1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, and Councilman Ervin led the Pledge of Allegiance. CONSENT AGENDA 2, a) Approve Minutes: August 7, 2000 August 10, 2000 August 14, 2000 b) Disbursements Councilman Garza had a question regarding uniforms and telephone expenses. Councilman Ervin moved to approve the Consent Agenda as presented. Councilman Garza seconded. Motion carried unanimously. 3. Citizen's Input. Nel Armstrong, representing the Beautification Board, indicated they would like to purchase flags to place every ten feet around the park on Holidays. Nel indicated this would come out of their budget, but they would ask that the City staff put them out on the holidays. Nel indicated they would also like to start a another project, a "crepe myrtle blitz", where they would work out a plan to purchase crepe myrtles to have the parks board plant in the City park. They would also encourage the businesses to plant crepe myrtles in their landscape areas and allow citizens to purchase them from the board. No objections from the Council. Mayor moved to item #5. Consider and Possible Action on Solicitation of Bids for the Foundation on the Old Presbyterian Church (Old Library Building) Nei Armstrong, representing the Historical Society, indicated they would like to get bids on putting a foundation under the Old Presbyterian Church. She indicated if they did not work to preserve some of the history of Sanger, it will become just another small town. She indicated if they could get a foundation and a roof, they could get volunteers to scrape and paint. Funds from the Hotel/Motel tax can only be used for tourist, and Historical Markers are considered tourist attractions. Discussion regarding the bid, and the specifications. Councilman Ervin moved to solicit bids on the foundation of the Old Presbyterian Church (old library building, corner of 7t'' & Elm Streets) , peer and beam, for whatever it takes to hold it up. Councilman Waggoner seconded. Motion carried unanimously. Moved back to Citizen's Input. 3. Jack Richardson, Rising Star jun., indicated he had made a comment at the last meeting regarding salaries, and wanted to apologize to those department heads. He indicated those superintendents are not being paid superintendent wages, they are more in line with the lineman wages. He suggested they might consider in the budget process looking at those wages. He again publicly apologized. Jack Biggerstaff indicated he thought they might be on the agenda for the school district, and asked when they might have those cost estimates. City Manager indicated he did not have those estimates from the City Engineer. Mayor indicated as soon as they had the costs they could have a special caned meeting. 5.(4) Conduct Public Hearing on Proposed Annexation of the Following Described Property: INDIAN SPRINGS EST., BLOCK A, LOT 5 BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY, ABSTRACT 29, TRACT 1131 BEING 9.472 ACRES, AND BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY, ABSTRACT 29, TRACT 114, BEING 5 ACRES. Public Hearing opened. No Discussion. Public Hearing closed. 6. Consider and Possible Action on Awarding Fuel Bid. Discussion regarding the bid received. Councilman Higgs moved to let Lynch's Food Mart have the fuel bid. Councilman McNeill seconded. Motion carried 4 to 1. Councilman Ervin voted no. 7. Consider and Possible Action on Ordinance #0842-00 -Annexing Properties Legally Described as: ABSTRACT 71A, BURLESON SURVEY, TRACT 7, BEING 22.11 ACRES. PROPERTY IS LOCATED ON COWLING ROAD (OLD US HWY 77). ABSTRACT 666A, JOHNSON SURVEY, TRACT 3 & 8, BEING 35.036 ACRES, Brief Discussion, Councilman McNeill moved to adopt Ordinance #08-12-00. Councilman Higgs seconded. Motion carried unanimously. Mayor read caption as follows: AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRTIORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LI IITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID noAe) PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. 8. Consider and Possible Action on Resolution #0847-00 - Setting Date and Time and Place for Public Hearings on Proposed Annexations. Discussion. Mayor read resolution: 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That such Public Hearings will beheld by the Governing Body of the City of Sanger, in the City Hall at 7:00 P.M. on September 4, 2000, and on September 18, 2000, for the purpose of considering annexation into the City limits of the following described property: ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 108, BEING 38.924 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 110, BEING 41.1099 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 111, BEING 50.00 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 112, BEING 3.00 ACRES ABSTRACT 071A, BURLESON, TRACT 6, BEING 4.0129 ACRES (HAISLER), AND ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HALSLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (HAISLER), AND ABSTRACT 664A, F. JAIME, TRACT 31, BEING 9.61 ACRES (HAISLER), AND ABSTRACT 666A, JOHNSON, TRACT 2, BEING 177.87 ACRES (HAISLER), AND ABSTRACT 249A, COKER, TRACT 1, BEING 37.4171 ACRES, AND ABSTRACT 562A, HUDSON, TRACT 5, BEING 5.280 ACRES, AND ABSTRACT 1271 S. WILLIAMS, TRACT 3, BEING 296 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 75, BEING 0.3129 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 71, BEING 1.47 ACRES ABSTRACT 1241, TIERWESTER, TRACT 66, BEING 7,583 ACRES, AND ABSTRACT 12419 TLERWESTER, TRACT 67A1 BEING 1.148 ACRES, AND ABSTRACT 12411 TIERWESTER, TRACT 65A, BEING 40.2356 ACRES Councilman Waggoner moved to approve ResolutionSetting Date and Time and Place for Public Hearings on Proposed Annexations with amendments as read. Councilman Garza seconded. Motion carried unanimously. 9. Consider and Possible Action Regarding Resolution #OS-18-00 -Approving the Fiscal Year 2001 Financial Plan of the Denco 9-14 District. r k_� City Manager indicated this is just a formality. Councilman Ervin moved to approve Resolution #081&00. Councilman Waggoner seconded. Motion carried unanimously. 10. Consider and Possible Action Regarding Resolution #08-19-00 - Appointing One Member to the Board of Managers of the Denco Area 944 District. Councilman Higgs moved to nominate Harlan Jefferson. Councilman McNeill seconded. Motion carried unanimously. 11. Any Other Such Matters. a) Discussion regarding Heritage West and the situation with Bolivar Water. b) Discussion regarding annexation of the new high school. c} Discussion regarding the sidewalk across from the Baptist Church and that it is dangerous. d) Discussed retirement community that has been discussing coming to Sanger. 12. Meeting Adjourned. MINUTES: CITY COUNCIL - WORKSHOP MONDAY, AUGUST 28, 2000 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Carroll McNeill, Councilman Craig Waggoner ABSENT: Councilman Joe Higgs OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant Samantha Renz, Electric Superintendent Jeff Morris, Water/Wastewater Superintendent Eddie Branham, Police Chief Curtis Amyx, Vehirle Mpehnnir Tommv Relrher. Ctreets Snnermor .Inhn Henderson. Librarian Vickie Elieson, Ken Cornell, Vince Villanueva, Mike Prater, Jason Boldin, Troy Underwood, Ronnie Grace, Christy Goode, Corey Chambers, Mark Griffith, Ranell Quam, Josh Green, Tami Taber, Candace Lambert 1. Mayor Called Meeting to Order 2. Budget Workshop. Lengthy Discussion regarding Proposed Salary Increases. Rescheduled workshop for Friday, September 1, 2000, to continue discussion on proposed salaries. 3. Adjourn. 813112000 4:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 VENDOR SET; 99 FUND 1 001 GENERAL FUND DEPARTMENTi 15 ADMINISTRATION VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99400580 CINTAS COPR. #492 149263477 001-15-5245 JANITORIAL SU MATS & MOP 000000 2.00 99-02140 RADIO SHACK I-32742 001-15-5210 OFFICE SUPPLI BATTERIES 000000 0198 9942140 RADIO SHACK Im32749 001-15-5210 OFFICE SUPPLI BATTERIES 000000 4,99 9942460 SOUTHWESTERN BELL MOBIL I-32752 001-15-5510 TELEPHONE SER MOBILE PHONES 000000 64,13 9942970 VIKING OFFICE PRODUCTS I-622611 001n15m5210 OFFICE SUPPLI HANGING FILE FOLDERS,BINDERS 000000 15*66 99-03040 WEST GROUP I-32693 001-15-5225 MAPS & SUBSCR TX VERN ST 000000 70,83 QMR440 DRUM RROTONAL NRTITCAT, TmIMA 001-15wgM WTCAL RRRVT PRR-RAP PRYSTCAL 000000 49AS DEPARTMENT 15 ADMINISTRATION TOTALS 216,34 0/31/2000 4103 PH REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 VENDOR SET: 99 FUND : 001 GENERAL FUND DEPARTMENT: 20 POLICE VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9940310 BCI MECHANICAL I-10396 001"20-5310 REPAIR & MAIN A/C REPAIR 000000 59.00 99-02140 RADIO SHACK 1"32695 001-20-5245 OTHER OPERATI REPAIR & PART FOR INTER CAMERA 000000 110.86 99-03010 WEBB AUTO PARTS Im12094 001620-5325 R & M. MOTOR V AIR & OIL FILTERS 000006 6.25 99-03240 LAW ENFORCEMENT SYSTEMS I-111113 001-20-5210 OFFICE SUPPLI TRAFFIC TICKETS 000000 211.80 9945420 SANGER AUTO PARTS I034510 001�20-5325 R & H MOTOR V DISC PAD SET 000000 45.13 9945560 VILLAGE FORD PILOT POI I414109 001-26-5325 R & M MOTOR V IDLER ARM 000000 82.56 99-05150 FISH N CHIRPS I-32144 001-20�5265 DRUG PREVENTI DOG FOOD 000000 55.14 DEPARTMENT 20 POLICE TOTAL: 516.54 040 03 PM VENDOR SETs !! FUND 1 001 GENERAL1 DO ;1 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9942950 VERNER CHEMICAL I-10290 001m22-5223 CHEMICAL HUPP 15 GAL CHERRY DEOD 000000 290,61 DEPARTMENT 22 ANIMAL CONTROL TOTALO 290.61 8/31/2000 03 PH VENDOR SETS 99 FUND , 001 GENERAL FUND DEPARTMENT, 24 FIRE DEPARTMENT VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99®00580 CINTAS COPR. #492 I-49263477 001-24-5310 R & M BUILDIN MATS & MOP 000000 6.90 99 01240 INLAND TRUCK PARTS CO, I 71112 001 24-5325 R & N MOTOR U AIR GOVRNOR 000000 15.24 9941250 INTERSTATE BATTERIES I�47002009 001-24-5325 R & N MOTOR V BATTERIES 000000 54.95 9942400 SMITH'S 1-54401 001-24-5325 R & M MOTOR V PLUG 000000 3,99 9942460 SOUTHWESTERN BELL MOBIL 1-32752 001-24-5520 CELLULAR PHON MOBILE PHONES 000000 104,55 9943010 WEBB AUTO PARTS I=12094 001-24-5325 R & M MOTOR V AIR & OIL FILTERS 000000 36.90 9941010 WRRR AUTO PARTS I-12094 00144-5325 R b M MOTOR V A R & OIL R LTBRS 000000 31,40 9943730 COLLIN CO, COMM. COLLEG I-1456 001-24�5235 DUES & REGIST INTRO FIRE 2-SLONE/PHILLIPS 000000 7030 99m05420 SANGER AUTO PARTS I-34672 001�24�5325 R & M MOTOR V FILTER 000000 29.90 99-05420 SANGER AUTO PARTS I=34741 001-24-5325 R & M MOTOR V REBUILD KIT 000000 l6,30 99-05550 JOAQUIN CHIMER 1-32635 001�24�5235 DUES & RSGIST CPR CLASSES 000000 124,00 9946600 EMP 1-146146 001-24-5375 MINOR EQUIPME 50 SAFETY GLOVES 060000 13530 9946600 EMP 1-146146 001-24-5375 MINOR EQUIPME 3 REGULATORS WI FLOW 000000 309.00 99-06600 EMP 1-146146 001-24®5375 MINOR RQUIPME 11 HAND CLRANDRR 000000 68,75 9946600 EMP I-146146 001�24�5375 MINOR EQUIPME 36 4" BANDAGES 000000 29.13 DEPARTMENT 24 FIRE DEPARTMENT TOTALS 1,036.01 q"l i 4 41#03 PH VENDOR .I FUND I a 01 GENERAL 1 I1 k F l 1 MUNICIPAL VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CRECK4 AMOUNT 99�02970 VIKING OFFICE PRODUCTS I-622611 001-26-5210 OFFICE SUPPLI 4 DRAWER FILE CABINET 000000 14939 99®02970 VIKING OFFICE PRODUCTS 1422611 001-26"5210 OFFICE SUPPLI DRY ERASE BOARD,EASEL 000000 25.45 99-06740 OFFICE MAX I-32729 001-26-5210 OFFICE SUPPLI 2 BLACK INK CART 4x a4'i4 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 223,42 0131/2000 03 PH REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 6 VENDOR SET: 99 FUND ; 001 GENERAL FUND DEPARTMENT; 28 ENFORCEMRNTIINSPECTION VEkdDOR MANE ITEM f G/L ACCOUNT NAME DESCRIPTION CRECS� AMOUNT 9940580 CINTAS COPR. 1492 1-49263477 001-28-5310 R & M BUILDIN HATS & HOP 000000 3.25 99-00650 CONTINENTAL RESEARCH CO I-107680 001-28-5245 99-07.460 SOUTRWESTERN SELL NO6IL I�32752 001-28-5520 DEPARTMENT 28 ENFORCEMENTIIPdSPECTTON TOTALS 209.6E 813112800 4103 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 VENDOR SETt 99 FUND 1 001 GENERAL FUND DEPARTMENT: 30 STREETS VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CRICK# AMOUNT 99-00580 CINTAS COPR, 1492 I-49263477 001-30-5310 R & N BUILDIN HATS & MOP 000000 3,25 99-00190 bENTON CO,BUILDERS SUPP I-31111 001-30-5245 OTHER OPIRATI STAKES,DUPLEI{,HAHMER 000800 101,20 9941300 JAGOE-PUBLIC CO, I-2070 001-30-5370 STR99T MAINTI 113.5 TONS HNAC 000000 21124,12 99-03010 WIBB AUTO PARTS I-12094 001-30-5325 R & N MOTOR V AIR & OIL FILTERS 000000 24,30 99-03010 WEBB AUTO PARTS I-12094 001-30-5325 R & H MOTOR V AIR & OIL FILTERS 000000 16,50 9943010 WEBB AUTO PARTS I-12094 001-30-5325 R & H MOTOR V AIR & OIL FILTERS 000000 4,00 9943010 WEBB AUTO PARTS I-12094 001-30�5325 R & M MOTOR V AIR & OIL FILTERS 000000 1330 QQ4194A RRnftvq� RTTTfR T-MAQ AA1ww�-aA- M�ww HARM APPAR NRW RNP RBTRTR AAAAAA 112AA 'Ei ACME BRICK COMPANY68 40 0 45 OTHER OPERATIREPLACE MAILBOX0 000000 179 ,r, DIPARTHIN'T 30 STREETS TOTAL, 3,229,61 8/31/2000 03 PN REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 8 VENDOR SET; 99 FUND ; 001 GENERAL FUND DEPARTMRNTi 32 PARKS VENDOR NAME ITEM t G/L ACCOUNT NAME DESCRIPTION CHECKS AMOUNT 99-01560 LOVELACE LANDSCAPE I-32620 001-32-5211 LANDSCAPE MAT GRASS SERD,FLOWERS 000000 138.62 99-02460 SOUTHWESTERN BELL MOBIL I�32752 001�32�5520 CBLLULAR PEON MOBILE DRONES 000000 53041 99-04660 DISCOUNT TROPHIES I-32747 001-32W5221 BEAUTIFICATIO YARD OF THE MONTH,MAKE A DIFF 000000 27,00 99.05420 SANGER AUTO PARTS 1-34510 001-32-5325 R A N MOTOR V AIR FILTER 000000 56.79 DEPARTMENT 32 PARKS TOTAL: 339,81 t ti00 4163 VENDOR FUND 1 001 GENERALM EPA i POOL s EWITI(RullyammVist lar3Clmi1W�111��7A� PAGE; 9 VENDOR NAME ITEM I G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9942400 SMITH'S I-54350 001-34-5210 OFFICE SUPPLI TAPE,VALVES 000000 12,75 DEPARTMENT 34 @OOL TOTALS 12.75 813112000 03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 VENDOR SET: 99 FUND 1 001 GENERAL FUND DEPARTMENTS 36 VEHICLE MAINTENANCE VENDOR NAME ITEM G1L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00580 CINTAS COPR. 1492 I-49263477 001-36®5265 CLEANING SUPP MATS & MOP 000000 9100 99-02280 SAFETY-KLEEN 1-3868003 001-36-5245 MECHANIC SHOP SERVICE MACHINE 000000 62.33 99^02400 SMITH'S Im54403 001a36-5245 MECHANIC SHOP PAINT STRAINERS 000000 1.49 99-05420 SANGER AUTO PARTS 1-34510 001-36-5375 MINOR EQUIPME FUEL CAN 000000 11.54 DEPARTMENT 36 VEHICLE MAINTENANCE TOTAL; 84.3E 8/31/2000 4103 PR VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 Library PAGE: 11 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CRRCR4 AMOUNT 9940450 BURRUS 1�32604 00142=5210 OFFICE SUPPLI ENVELOPRS,BATTERIES 000000 5052 I�32603 001-42-5222 99-02170 REINERT PAPBR 4 CHEMICA I-85530 001-42-5265 DEPARTMENT 42 Library TOTAL; 106<85 B13112000 03 PM VENDOR SET, 99 FUND 1 001 GENERAL FUND DEPARTMENT, 44 Community Center VENDOR NAME ITEM 4 G(L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02400 SMITH'S I-54350 00144m5375 MINOR SQUIPME VALVE 000000 7,99 DEPARTMENT 44 Community Center TOTAL; 1,99 5,334,01 8/31/2000 44003 PM REGULAR DEPARTMENT PAYMENT REGISTER VENDOR SET; 99 FUND ; 008 ENTERPRISE FUND DEPARTMENT; 15 Administration VENDOR NAME ITEM GiL ACCOUNT NAME DESCRIPTION 99-02140 RADIO SHACK Iw32742 008ro15-521@ OFFICE SUPPLI BATTERIES 99-02140 RADIO SHACK I-32749 008-15-5210 OFFICE SUPPLI BATTERIES 99-@2460 SOUTHWESTERN BELL MOBIL I-32752 0@8-15-5510 TELEPHONE SER MOBILE PROBES 9943040 WEST GROUP I-32693 000®15-5225 MAPS k SUBSCR TX VERN ST 99-06490 DENTON REGIONAL MEDICAL I-32750 008-15-5440 MEDICAL SERVI PRB-EMP PHYSICAL CRECK4 AMOUNT 000000 8499 000000 5000 000@00 64.14 008000 10,84 0000@0 49.75 DEPARTMENT 15 Administration TOTAL; 198.12 ti00 03 5, VENDOR SgTi 99 FUND ; 08 1 VENDOR NAME ITEM I G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00720 DATAMATIC.COM, LTD. I�34642 008-19-5315 R 6 M MACHINE MONTHLY MAINTENANCE 000000 191.78 44 i I I iii III DEPARTMENT 19 Data Pcoceseing TOTAL: 226.38 19 Yr r ` 1i {I`i ti it ` iA �i VENDOR NAME ITEM G/L ACCOUNT NAME DESCRIPTION CRECE# AMOUNT 9940580 CINTAS COPR, #492 I-49263411 008-36-5265 CLEANING SUPP MATS & MOP 000000 9900 DEPARTMENT 36 Vehicle Maintenance TOTAL: 90,32 8131/2000 4103 PM REGULAR DEPARTMENT P VENDOR SET: 99 FUND s 008 ENTERPRISE FUND DEPARTMENT, 50 Water VENDOR NAME ITEM G/L ACCOUNT NAME 99-00580 CINTAS COPR. #492 1-49263411 008®50-5310 99-00590 CITY OF DENTO!! I-32101 008a50a5371 99-02350 SCHLUTER ENG. & COMM. 1"16315 008-50-5250 99-02460 SOUTHWESTERN BELL MOBIL I-32752 008-50-5520 '4 L lfZw & ILDIN HATS MOP 000000 3o25 WATER TESTING BACTERIOLOGICAL TEST 000000 105.00 MINOR TOOLS RADIO & CHARGER,HOLSTER 000000 490.00 CELLULAR PHON MOBILE PHONES 060000 80.74 r 910 UPPER 6048 488§ 0 CONTRACTUAL S DEMAND 000000 94375,00 MAMA Uh1 7 / ! i - i irrA!.r -t I(f i r( IS!! rG PRODUCTS 0 0! t WATER METER METER`FOR r'1 i rr0 0(80 fr i 9942980 rA (1! 99�03640 PRO STITCH I-32696 006-50-5255 WBARING APPAR 10 SflIRTS W/ NAMES & LOGOS 000000 180.00 9941260 CARROLL SUPPLY I436464 008®50-5223 CHEMICAL SUPP 10 CL2 000000 521.46 DEPARTMENT 50 Water TOTAL: 22,940.46 .-..___... ________________._____.... _--____..__ 0/31/2000 03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGRO 17 VENDOR SETS 99 FUND S 008 ENTERPRISE FUND DEPARTMENTS 52 Waste Water Collection VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9940650 CONTINENTAL RESEARCH CO I-107680 008-52-5223 CHEMICAL SUPP ODOR GRAN FOR SEWER CLEAN UP 000000 495,00 99-00650 CONTINENTAL RESEARCH CO I-107600 000-52-5223 CHEMICAL SUPP FRT CHARGE 000000 64,47 99-01250 INTERSTATE BATTERIES I-47002009 008-52-5360 R & R TOOLS BATTERIES 000000 58,95 99-01290 J&K LIGHTING & SUPPLY 1-1997 008p52�5315 R & M LIFT ST LIFT STATION DEOD DEGREASER 000000 21061,00 9941570 LOWE'S COMPANIES, INC. I=32624 008�52�5420 CONTRACTUAL S BOLTS,POST,GATE,FENCE,HINGE 000000 171,94 99m02980 WATER PRODUCTS INC. I-297926 008-524070 SEWER MAIN & PIPE,BOOTS,VALVES,SADDLES 000000 1129730 ®0_ UTAAQV QUINR"IMumbi BUT() QARTCLkIMA" r_1AUAVAVAv AAsa-q,9. l5 ;ow�w P b R MnTnA v A MAT, RT.ARURR 000000 iR.i7 DEPARTMENT 52 Weate Water Collection TOTALS 4,172,48 VENDOR SET: 99 FUND 1 008 ENTERPRISE FUND DEPARTMENT: 54 Waste Water Treatment 'VENDOR NAME ITEM # 9940050 CONLEY SAND & GRAVEL I-32697 9940050 CONLEY SAND & GRAVEL I-32703 9940450 BURRUS 1�32499 99-01240 INLAND TRUCK PARTS CO, I-05523 9945420 SANGER AUTO PARTS I-34593 99-05510 IESI I-32698 yA In GIL ACCOUNT NAME DESCRIPTION CHECK4 AMOUNT 000-54-5420 CONTRACTUAL 8 CONCRETE FOR WALMART 000000 250,00 008"54-5420 CONTRACTUAL S 3 TIL FLEX BASE,SAND 000000 674,92 008-54-5210 OFFICE SUPPLI DISTILLED WATER 000000 10,36 000-54-5360 R & M OTHER HYD BRAKE BOOSTER 000000 120,74 008-54-5325 R & M MOTOR V AIR FILTER 000000 3.89 008-54-5420 CONTRACTUAL S ROLL OFF,HAUL SLUDGE 006000 469.91 DEPARTMENT 54 Waste Water Treatment TOTAL: 1,529.82 8/31/2000 403 PM VENDOR SET; 99 FUND ; 006 ENTERPRISE FUND DEPARTMENT; 58 Electric Department REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 19 VENDOR NAME ITEM t GIL ACCOUNT NAME DESCAIPPION CRECK# AMOUNT -------------------------------------------------------------------------------------- ------ -------------- 94-00580 CINTAS COPR. #492 I-49263477 008-58-5310 R & M BUILDIN MATS & MOP 000000 3.25 99 01250 INTERSTATE BATTERIES I-41002804 008-58-5325 R & M MOTOR V BATTERIES 880000 61,95 9941500 LAWSON PRODUCTS I-1463508 008-58-6020 IMPROVEMENTS 200 5 CIS 000000 72.00 9942400 SMITH'S I-54274 008-58-6020 IMPROVEMENTS SPRAY PAINT 800000 15,96 99-02460 SOUTHWESTERN BELL MOBIL I-32752 008-58-5520 CELLULAR TELS MOBILE PHONES 000000 157,90 99-02690 TSCHLINS I-1405870 008-58-6020 IMPROVEMENTS 18 15KV 208AMP BUSHING INSERTS 000000 360,90 9942690 TSCHLINS I-1405870 008-58-5365 TRANSFORMERS ROFFMAN RV PARK TRANSFORMERS 000000 19,490.00 99-02690 TSCHLINS I-1466329 088-58-6020 IMPROVEMENTS 20 4" AIRSEAL PADS 008080 10.3E 9942730 TEXAS METER & DEVICE I-22026 008-58-5255 WEARING APPAR 20 320AMP SINGLE PHASE METERS 000000 21361,41 99-03020 WESCO I-740345 008-58-6020 IMPROVEMENTS RESTOCK 3000' ALUMINUM WIRE 000000 21061,00 9943020 WESCO I14141219 008,-584020 IMPROVEMENTS 25 PHOTO CELL CONTROLS 000000 95,00 99=03020 WESCO I-141221 008-58-6020 IMPROVEMENTS 50 WEDGE CLAMPS 800086 92.50 9943020 WRSCO I.741221 008-58-6020 IMPROVEMENTS 75 CONNECTORS,BLACK TAPE 000000 71.70 49-05158 HORIZON FLBRT SERVICES I-166454 808-58-5325 R & M MOTOR V ISOLATOR,GENBRATOR 000800 1,215,19 49-05420 SANGRA AUTO PARTS I-34510 008-58-5325 R & M MOTOR V BATTERY BOX 000080 14.99 99-05420 SANGRR AUTO PARTS I-34510 808-58-5325 R & M MOTOR V BRASS WIRE ENDS 008000 9.92 9945420 SANGER AUTO PARTS I-34769 008-58-5325 R & M MOTOR V OIL FILTER 000000 12.00 99=05940 RTI I-188866 888-58-5325 R & N MOTOR V FOR F350 CREWCAB 000000 90.16 94-01120 H&H INDUSTRIES, INC 49 01120 H&H INDUSTRIES, INC 9947150 HOME DEPOT/GECF 99-01970 ELECTROMARR I-138618 008-58-6020 I-138618 008-58-6020 I-9011325 008-58-5325 I-93851 008-58-5260 MENTS I-9011325 008-58-5325 I-93851 008-58-5260 MENTS 30 FLORESCENCE 000880 R & MMOTOR V 5 ORGANIZER TRAYS FOR NEW TRUC 000000 SAFETY BQUIPM 50 DO NOT RECLOSE TAGS 000888 35910 , 132.50 39,61 DEPARTMENT 58 Electric Department TOTAL; 26,878,28 VENDOR SET 008 ENTERPRISE FUND TOTAL; REPORT GRAND TOTAL; 560364E ,. 62,310.91 J r; t " G/L ACCOUNT TOTALS A' ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG 1999 2000 001-15-5210 OFFICE SUPPLIES 29.63 150 80,23 801m15-5225 MAPS & SUBSCRIPTIONS 7033 450 85,42 001"15-5245 JANITORIAL SUPPLIES 2000 11000 201,73 001-15-5440 MEDICAL SERVICES 49175 11600 675,67 801n15-5510 TELEPHONE SERVICES 64.13 51560 182,93 001-20-5210 OFFICE SUPPLIES 217080 28000 11251451 001-20-5245 OTHER OPERATING SUPPLIES 110,06 31300 11846,15 001=20-5265 DRUG PREVENTION 55.14 91000 71751*45 001-20JS110 RRP_A_TR & NATNTRNANCR RLDG. Woo 500 32.70 001-20-5325 R & M MOTOR VEHICLE 134,54 12,100 7105838 001®22w5223 CHEMICAL SUPPLIES 290.61 21000 490,13 001-24-5235 DUES & REGISTRATION 194,00 61550 342.99 001-24-5310 R & M BUILDING 6490 12,000 41322.50 001-24�5325 R & M MOTOR VEHICLE 108.68 41000 413.14- Y 001-24-5375 MINOR EQUIPMENT 541688 15,000 12,874,01 001-24-5520 CELLULAR PHONE 104,55 21000 794,35 001-26-5210 OFFICE SUPPLIES 223,42 21000 1,11032 001-28-5245 OPERATING SUPPLIES 153,00 21400 11901,40 001428-5310 R & M BUILDING 3,25 500 121.13" Y 001-28-5520 CELLULAR TELEPHONE 53,41 650 115,44 001-30-5245 OTHER OPERATING SUPPLIES, 280,60 1,000 1,18 001-30-5255 WEARING APPAREL 112050 2,750 181,41- Y 001-30-5310 R & M BUILDING 3,25 11200 149,30 001-30-5325 R & M MOTOR VEHICLE 108,54 51000 582.50- Y 001"30-5370 STREET MAINTENANCE 2,724,12 45,000 91811,15 001-32-5211 LANDSCAPE MATERIAL 138,62 41500 31994,05 001-32-5221 BEAUTIFICATION BOARD 27900 2,200 67,06- Y 001-32-5260 SAFETY EQUIPMENT 62400 11000 785086 001432V5325 R & M MOTOR VEHICLE 58,B4 11000 11314,10- Y 801-32-5520 CELLULAR PHONES 53,41 800 212,52 001-34-5210 OFFICE SUPPLIES 12,15 200 111,91 001®36-5245 MECHANIC SHOP SUPPLIES 63.82 500 53.95- Y 001-36-5265 CLEANING, SUPPLIES 9.00 700 357,96 001-36-5375 MINOR EQUIPMENT 11,54 1,525 353,54 001-42-5210 OFFICE SUPPLIES 5,52 11400 228197 001-42-5222 BOARDS & COMMISSION 55,00 350 48,08 001-42-5265 CLEANING SUPPLIES 46,33 400 14938 001-44-5375 MINOR EQUIPMENT 1,99 388 202,23 008-15-5210 OFFICE SUPPLIES 13,99 750 9539 008-15-5225 MAPS & SUBSCRIPTIONS 70.84 450 379,16 008-15-5440 MEDICAL SERVICES 49,75 11600 583,18 008-15-5510 TELEPHONE SERVICES 64,14 51560 203,66 008-19-5210 OFFICE SUPPLIES 34.60 21000 293,77 008-19�5315 R & M MACHINES 191,18 01520 304.31- Y 008-36-5245 MECHANIC SHOP SUPPLIES 81,32 500 52,91- Y I 1t7 1 t 1 h ilZi t I� I * G/L ACCOUNT TOTALS ** LINE ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BURG BUDGET AVAILABLE BUDG 008-36-5265 CLEANING SUPPLIES 9100 700 357.95 008-50-5223 CHEMICAL SUPPLIES 521.46 48580 1,085,43 008-50-5250 MINOR TOOLS 490*00 21600 191.48 000-50-5255 NEARING APPAREL 180400 31800 88433 008-50-5310 R & M BUILDING 3.25 21000 886,06 008-50-5368 R & M OTHER 291.56 45,000 151178156- Y 008-50-5372 WATER METER & BOXES 2,207.20 8,800 3,430,81- Y 088-50-5377 WATER TESTING 105.00 4,080 31014,00 008-58-5385 WATER PURCHASE 91666$25 45,006 184.69 008-50-5420 CONTRACTUAL SERVICES 91375188 92,000 6,343.46 R(1R-5®-552A CRi,i,1)i,AR PgONR R0.74 960 213.39 008-52-5223 CHEMICAL SUPPLIES 559147 61000 427.22 008®52-5315 R & M LIFT STATION 2,061,00 20,000 12,032.63 008-52-5325 R & M MOTOR VEHICLE 18,12 1,080 1,46711B- Y 008-52-5360 R & M TOOLS 58,95 3,000 11467,01 008-52-5420 CONTRACTUAL SERVICES 17134 5,000 21094193 008-524070 SEWER MAIN & MANHOLES 11297,00 31000 669114 008-54-5210 OFFICE SUPPLIES 1036 250 181.68 008-54-5325 R & M MOTOR VEHICLE 3.89 11750 11139,92- Y 008-54-5360 R & M OTHER 120.74 500 282124 008-54-5420 CONTRACTUAL SERVICES 1,39433 4,060 568.34- Y 008-58-5255 WEARING APPAREL 21361,41 31800 21598.90- Y 008-58-5260 SAFETY EQUIPMENT 83,00 4,250 889090 808-58-5310 R & M BUILDING 3.25 12,000 761,82 008-58-5325 R & M MOTOR VEHICLE 1,511.08 10,000 1,513.16 008"58-5365 TRANSFORMERS 19,490,00 28,500 22,044126- Y 008-58-5520 CELLULAR TELEPHONE 157,90 21000 617124 008-58-6020 IMPROVEMENTS 31271,64 170,800 784898110 1999-2000 YEAR TOTALS 62,370141 C,lc`I�1111MY 001-15 ADMINISTRATION 216134 081L28 POLICE 516.54 801-22 ANIMAL CONTROL 290t6l 001-24 FIRE DEPARTMENT 11036,01 001-26 MUNICIPAL COURT 223.42 801-28 ENFORCEMENT/INSPECTION 209.66 001-30 STREETS 3,229.61 881-32 PARRS 339.87 i ft lfl ' 1� i M� IM 4M�M M 1M4 k� I�i 001-34 001-36 001-42 001-44 �4 MtM'i POOL UERICLE MAINTENANCE Library Community Center AMOUld'I 12,75 84,36 10fi,85 1,99 001 TOTAL GENERAL FUND 6,334,01 008-15 Administration 196,72 008�19 Data Processing 226,38 008-36 Vehicle Maintenance 90,32 g08-50 Water 22,940,46 008-52 Waste Water Collection 41172,48 AA MA WAatP WAtPr TrPAtInAnt 1.52Q.A2 008-58 Electric Department 26,878,28 008 TOTAL ENTERPRISE FUND 56,036,46 ** TOTAL ** Ill�liKl,I�li�� ** EE�D OF REPORT ** 62,370,47 August 315 2000 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary This is the first step of this annexation process. RESOLUTION N0.09-20-00 A RESOLUTION SETTING A DATE, TIME AND PLACE ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGEI AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That such Public Hearings will be held by the Governing Body of the City of Sanger, in the City Hall at 1:00 P.M. on September 18, 2000, and on October 2, 2000, for the purpose A considering annexation into the City limits of the following described property: Abstract 1024, R. Prather Survey, Tract 2 & 3, Part of a 19.45 Acre Tract, being 12.25 Acres. PASSED AND APPROVED, this 5th day of September, 2000. Mayor, Tommy Kincaid Attest: Rosalie Chavez, City Secretary August 31, 2000 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary This is the first public hearing for this annexation process, the second public hearing will be held on September 18, 2000, August 315 2000 To: Honorable Mayor and Members of the City Council Fr: Jack Smith, City Manager There are three things we must do to give a tax abatement. First, we must set up the criteria and guidelines for tax abatements. Second, we must declare a parcel of land as a reinvestment zone to qualify for tax abatement. Third, we must adopt a Resolution for the abatement of taxes to Walmart. The information is attached for your review. F ORDINANCE NO. "• 1�1 '':1 "• ill • ' • 1 • 1 ' ' • 1� OIL • ' 1 • i . 11N • 1 . i.- . . • .It• i- ievelopment. or redevelopmentof a certain contiguous geographicarea within its jurisdiction by the ,reation of a reinvestment zone for commercial&&strial tax abatement, as authorized by he Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended, 'froperty within a reinvestment•1' may be eligible for,inter•. :.III :11t, subject to the ;ovemmg body of 1 11 111 •A •.establishing •resolution guidelines ." 1:s 1. • .1 g• .1• :EI ' 1• into a written tax abatementagreement 1 the ommer of • • •• erty hat is located in the reinvestment zone; at XXX p.m. on the XNDCXXXXXXXX, 2000, such date being at least seven (7) days after the date of publication of the notice of such public hearing as required by the Texas Tax Code; appear a1 • speak toror • 1 We MUM Or 1 • • • • :• i tit �1 • i 1 - • • II • . .� • 1 proposed reinvestment zone, 'whether all or Part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement. BANGER, TEXAS: SECTION 1. ...I / • • � t . / 1 / 1 • � « 1 - � « <Ilt :. ' • . all :iii ' G / .+ tli :.11 . 1 �: 11 .1 shall read as follows: SECTION 44: TAX ABATEMENT REINVESTMENT ZONES DISTRICT TAX ABATEMENT REINVESTMENT ZONE NO. 1 44.1. Findings and Determinations ThatthefaVsand recitations contalnectin lile wMaLume MAW' • •11.1 i' • • 1i• .11• declared to be true and correct. 1" City, after conducting such hearings 1. having 1'. • such evidence ,11 • testimony, has made the following findings a1 • determinations based • 1 the testimony .0 • evidence presented • 1 . • • 1 ' / • • 1 1 ' • :. ! II . t •11 • ' • . :111 :11 ' a / .. tll a • i ' , • 1 . been properly called, held and conducted and that notices of such hearings have been publisl as required by law and delivered to all taxing units overlapping the territory inside the proposed reinvestment zone; and • 1. t'••U•, a• 1' GI :. tll:1 •1'•1. •'••11 •. •" •:• 1 11• which is attached1-:•.II. made a part hereof, and 1. /- :�:t•1 • 1' 1 :. tli �1 •1" • •1111' i•i t •. :111 :11 1 boundaries as described in Exhibit "A", will result in benefits to the City and the improvements sought are feasible and practical and would be a benefit to the land to be included in the reinvestment zone and to the City after the expiration of any tax abatement agreements; an • creation of a reinvestment zone asset forth in V.T.C. Tax Code, Section 312.202, as amended, •:• 1 that•11. •likelyof the designation •1 • contribute to the retention or •• . 1 • i of primary employment or • attract major • i :+ tU :1 in the zone that would be a benefit to the property and that would contribute to the economic development of the City4 44.2. Designation of Zone. :Vt • 1 11 1 • •u 1 • 1 - i - - • :: a 1 �. tl/ �1 • i - • • 11 11 " M 1 •I abatement encompassing the area described 1 Exhibit./:• hereto and such reinvestment •1' is hereby designated and shall hereafter be designated as Tax Abatement II III 1 ..t11 :11 Zone • City of Sanger, Texas. The designation of this zone expires 2 years after the effective date of this ordinance and may be renewed for periods not to exceed 2 years. 44.3. Eligibility for Tax Abatement. is - •, . • ... - 11 �1 • . • • - • r: :. / ' .. - 11 :O - 1 �. tll :iil •11 - ! 44.4. Effective Date. This article shall take effect on XXXXXXX, 2000. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Sanger, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Councu znai tine sections, liaidy�atu�, sentences, clauses and phrases of this ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Sanger is hereby directed to engross and enroll this ordinance by copying the caption and effective date in the minutes of the City Council and by Ming the ordinance in the ordinance records of the City. SECTION 5. This ordinance shaH take effect and be M* fidl force and effect m and after its passage, Mu zt IS So ordained. u_• �' � i 1 It CITY SECRETARY, ROSALIE CHAVEZ .APYxUVEll As '1'U r�uxNt Aivi� i�crAi.,ii Y DATE: EFFECTIVE: EXHIBIT A CITY OF SANGER GUIDELINES AND CRITERIA FOR TAX ABATEMENT TO QUALIFIED COMMERCIALANDUSTRIAL PROJECTS 1. GENERAL PURPOSE AND OBJECTIVES 1 - . / • - t 11 11 • :• . / - . • 11 • .. / . i ! t • . - - .. it all i .. . / - .1/ . • an ongoing 111 • t ' 11 ::1 / the quality of • citizens. 1 • these ' objectives are g:ii served by 1 enhancement of 1' tax base and expansion .1• diversification of /' local economy, the City of .11 ' • i a casembyIIIcasebasis, give consideration.to providing • . 1i al pursuant to / - Property R:• - • • 11 a i • Tax ' • . all ail Act, Code, Sections11 1 • • 1 1 • as from time • time amended, as a stimulation for economic growth and • diversification in Sanger. Consideration will be given to both new facilities and structures and for the expansion or modernization of existing facilities and structures. Priority consideration will be given to those projects that result m little or no additional cost to the City and/or projects that create greater than. 50 newjobs. Proposed • . - 11 e/ agreements • •considered 1accordance 1 1 - guidelines, .0 • • • :U outlined • :• Ii document. Nothing herein / . imply or - that i - City of Sanger under any obligation to provide tax abatement to any applicant. All applicants shall be consideeted on a case�bbasis. NONNI • •11• t ' •t• ':•- ••u-t1 .t• t. -uat •t- I.t a 312, the City of Sangermay grant tax a•. :'il ►/ • / the incremental of a particular property that improved pursuant to a specificdevelopment :il proposal, which meets 1 economic goals and objectives of the City, 1' abatementapply only • the incremental 1 in valuation,1' abatementillalso apply• tangiblet' •/. propertylocated 1 the reinvestment•i' after theexecution of anabatement agreement, including 1 :1 • 1 • supplies. i . : • • 1 1 ' _ a1 ' • • • . 1 • • • : V II .II • • • 111• .11 1 1 • i a1 .11 • a1 : • 1 • ' t t - :• . • • it a 1 • ' • . ail III « • 1 -113• / a i • tli 4t1M • / G. •Zw economic development purposes. Within the reinvestment • 1 - 1 " ill• - permitted • . all all • he increase1 value of real .1• tangible personal property, including inventory 1• supplies• certificated air carriers. Tax abatement will • - offered only within designated i :s tll :.! • I :. and • only to those industries identified in Section K Definitions, "Eligible Enterprises". ' . • • . • :• • • :« 11 • i • U • i • it ' 1 • ' 1 • : .:• • - • Any request for tax abatement must involve a development project, excluding land, with either (i) a minimum incremental increase in value of $2 million dollars or (ii) a minimum cost of $2 million dollars. The project must have high visibility, image impact or be of a significantly higher level of development quality than that which currently exists in the City. The project must generate a higher concentration of employment potential than would otherwise be achieved. Taxpayers desiring to enter into an abatement agreement with the City of Sanger must file an application for tax abatement with the City, provided„ however, that with respect to any abatement of one year or less in duration and one percent or less in abatement amount, no application is required. The application must address the factors listed below. It is understood the information provided will be, out of necessity, estimates only. The applicant should endeavor to provide the most accurate estimates possible based upon available information. The applicant may be requested by the City to describe the logicslmethodologies utilized to supply supporting documentation. 1' • 1 1 1' • Number of new jobs created in Sanger. Identify and describe the kind, number and location of all proposed improvements to the property, as well as the land area and cost, and discuss the development schedule of the proposed improvements. In addition, the City may request the square footage of the proposed project. Identify the infrastructure construction that will be required to serve the proposed project and the estimated cost of said construction. FISCAL IlVIPACT Amount of direct property and sales tax generated. Cost to the City of Sanger to provide municipal services to the proposed project. i' • tin• ;11111 � u• -� . u• -� •� Impact on the City of Sanger. Impact on local school districts. Impact on all other taxing entities with jurisdiction over the property subject to the proposed abatement agreement. The criteria outlined in this section will be used by the City staff to determine whether or not to recommend to the City Council that it is in the best interest of the City of Sanger and other affected taxing entities that tax abatement be offered to a particular applicant. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project on the community. III. DEFINITIONS "Eligible Enterprises" shall mean commercial or industrial property, facilities or enterprises tnai show high promise of creating new jobs and positive economic spill -over effects beneficial to the City. 1V. GUIDELINES After following and complying with all statutory and other requirements and after a determination is made that a tax abatement agreement should be entered into with the applicant, the value and term of the abatement will be determined by the following guidelines. 11 1 1: 1 • 1' 1 1. The project must be an eligible industry as defined in Section III. Definitions. 2. The investment must involve a project, excluding land, with eitherminimum incremental increase in value of $2 million or (ii) a minimum cost of $2 million. 3. The project must comply with all criteria defined in Section II above. 1 . The rate of tax abatement with respect to any tax abatement agreement shall not exceed 50% of the value of real property and shall not exceed 50% of the value of tangible personal property other than inventory and supplies (but including inventory and supplies of certificated air carriers) eligible for tax abatement under Chapter 312 of the Texas Tax Code. 2. To determine if the project meets the minimum eligibility requirement, the applicant will certify to the City the cost or value of the property for which the abatement is requested. 3. The tax abatement period shall not exceed ten (10) years. 4. Any tax abatement granted a project will become effective on January 1st of the year following the issuance of a Certificate of occupancy (CO) for the new facilities unless otherwise specified in the tax abatement agreement. The total acreage of the project shall be assessed at 100 percent market valuation upon execution of the abatement agreement, unless otherwise addressed in the tax abatement agreement. S. If a project is not completed as specified in the tax abatement agreement, the City has the right to cancel the abatement agreement and abated taxes shall become due to the City and other affected taxing units as provided by law. Any person, partnership, organization, corporation or other entity desiring that the City of Sanger consider providing tax abatement to encourage location of operations within the City shall be required to comply with the following Procedural guidelines. Nothing within these guidelines shallimply or suggest that the City of Sanger is under any obligation to provide tax abatement in any amount or value to any applicant. Preliminary Application Steps A. Applicant shall submit an "application for tax abatement." However, with respect to any abatement of one year or less in duration and one percent or less in abatement amount, no application is required. B. Applicant shall address all the factors required to be addressed in Section II above. C. City may request applicant to provide substantiation of the economic feasibility of the overall project to assist in determining the long-term benefit to the City. D. A complete legal description of the property shall be provided. E. Applicant shall complete all forms and information detailed in items A through D above and submit them to the City of Sanger, P. 0. Box 1729, Sanger, Texas 76266. Application Review Steps G. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information maybe requested as needed. H The application may be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. I. Copies of the complete application package and staff comments will be provided to the City Council. Consideration %J the Application J. The City Council will consider the application at meetings conducted pursuant to the Open Meetings Act and the Property Redevelopment and Tax Abatement Act. Additional information may be requested as needed. K The City Council may consider a resolution calling a public hearing to consider establishment of a reinvestment zone. L. The City Council may hold the public hearing and determine whether the creation of the reinvestment zone would contribute to the retention or expansion of primary employment or would attract major investment in the zone and would contribute to the economic development of the City. M. The City Council may consider adoption of an ordinance designating the area descn'bed in the legal description of the proposed project as a commercial/industrial reinvestment zone for tax abatement. N. The City Council may consider adoption of a resolution that approves the terms and conditions of an agreement between City and the application, and governs the provision of the tax abatement. At minimum, the agreement shallinclude the following: 1. General description of the project; 2. Amount of the tax abatement; 3. Duration of the abatement; 4. Type, number and location of planned improvements; 5. Any specific terms and conditions to be met by the applicants and 6. Any provisions required by law. O. The governing bodies of any other applicable taxing units may consider ratification of and participation in the tax abatement agreement between the City of Sanger and the applicant. P. Should the terms of the agreement not be satisfied, the tax abatement shall be subject to cancellation as provided in the tax abatement agreement, and all abated taxes shall be paid to the City of Sanger and all other taxing jurisdictions participating in the tax abatement agreement as provided by law. If a project granted a tax abatement ceases to operate or is no longer in conformance with this policy statement, the tax abatement agreement shall not remain in effect for the period of time during which the project is not operating or is not in conformance. The City of Sanger may negotiate with the recipient of a tax abatement to waive the recapture provisions or to terminate the agreement. The City of Sanger reserves the right to verify the applicant's creditworthiness prior to granting a tax abatement and to review the financial condition of the Proj grect during the term of the abatement. The City of Sanger also reserves the right for a representative to inspect the facilities of the applicant during the term of the abatement and to verify the information provided in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. VI. EFFECT OF SALE, ASSIGNMENT OF LEASE OF PROPERTY No tax abatement rights maybe sold, assigned, or leased unless otherwise specified in the tax abatement agreement. Any sale, assignment or lease of property which is not permitted in the tax abatement agreement results in a forfeiture of all tax abatement rights as to the property sold, assigned or leased, unless the City agrees to ratify the transfer. ORDINANCE NO. !' • I • I a " • Far 5111111, •' DATE. WHEREAS, the City Counal of the City of Sanger, Texas ("City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by the PrrmP.I RPAP. ltmmerrt and Tax Abatement Act. Texas Tax Code, Chapter 312, as amended; WHEREAS, the City has elected to become eligible to participate in tax abatement; )roperty within a reinvestment zone may be eligible for, inter alia, tax abatement, subject to the �overning body of • municipality establishing by e• i••• the guidelines •• criteria forsuch eligibility• • entering into a written tax abatementagreement en • the ovmer of • property fiat is located in the reinvestment zone; at ♦♦ • u on the )00CX)CKXXXXX,♦ 2000, such date being at least seven days 2• •.Z 101 publication of • noticeof . public hearing as required by •Code; =J!Pw won ••• • gill :•. •a • • •. • • • • • ••bam elate k say is • ••• c• reinvestment zone,•e• or part of •e territory described in this ordinance s•• • be ricluded m such proposed • :st ::• • • • • the conceptof • , au :.• t. NOW TI�REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIC CITY OF BANGER, TEXAS: SECTION 1. . • a • • • a«. • • • . • • � « . - � • « gin• c• • , uu -•i ' . _, •u �• • . a. SECTION 44: TAX ABATEMENT REINVESTMENT ZONES DISTRICT TAX ABATEMENT REINVESTMENT ZONE NO. 1 • • 1 •I 1 • .11 . : 111 1 • • • 1 Thatthefa«sand recitations contamedinjue . - . 11 . - ! 1 . 41 /fait declared • be true .11 • correct. The City, after conducting such hearings a1 • having heard • d evw4i• �I «- and testimony, has made the following 11•I/! 11 t• •: 1.•.1' based •1 the testimony .1• evidence presented • 1 , • • 1 " 1 • • 1 1 ' • " 611 1 • 1 • • . 11 :1 ' - 1 .� tll 11 • 1 ' • / . •::1 properly called, 1" • and conducted and that notices of such hearings have •::,1 published :• :• by law and delivered to all taxing units overlapping 1territory inside the -Dr000sed reinvestment zone, and • 1. 1 •• 11 •. :� • 1' - 1 .+•11 :ii •1' 1. F: •• 11 •. •:� •:• 1 11 • "X which is attached hereto and made a part hereof, and 1. 1" • •1 ! 1" :! 1 :+III1 :1 •1- ! • 1111- N. 1• •• :III �i 1 boundaries •. described / Exhibit1 benefits to theand the improvements sought are feasible and practical and would be a benefit to the land to be included in the remvestment zone and to the City after the expiration of any tax abatement agreements; ::fii :ii i • creation of a reinvestment• 1 forth 1 Code, Section 312.20 11 :• • .• nth. eonaby • • - • :. at . II • 1 • • 1 • 1 • 1 - :n1.1 • •,• •i • • u. uuu • u:1 • • « u. • 1 :.•u:1 • 1 zone that would be a benefit to the property and that would contribute to the development of 1 Vj TAR 314.11"I'l1 • •1 1• 1- 1- JU%WXV1:1• �. 111 :i1 •i • •1111- M /•i abatement :n encompassing 1 :✓. described / 1 • attached hereto .11• 1reinvestment •• 1 ' • - - • • :� /.11 . :• 1 • i . 1 •- • :. Lit . :• ' • . ::11 41 ' :1 1 :wfu :11 ! i - • City of Sanger, Texas. The designation of this zone expires 2 years after the effective date of this ordinance a1 • may • - renewed for periods not to exceed 2 years. 44.3 . Eligibility for Tax Abatement. 1 .4. . ... VII :a • . •. • :. 1 `.. all :11 '- 1 .�•11 :1 !1- • �o Qualified Commercial/Industrial Projects. 44.4. Effective Date. SECTION 2. This ordnance shall be cumulative of all provisions of ordmances and of the Code of the City of Sanger, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Sanger is hereby directed to engross and enroll this ordinance by copying the caption and effective date in the minutes of the City Council and by Ming the ordinance in the ordinance records of the City. t SECTION 5. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. CITY SECRETARY, ROSALIE CHAVEZ CITY ATTORNEY DATE: EFFECTIVE: r STATE OF TEXAS COUNTY OF UENTUN KNOW ALL MEN BY THESE PRESENTS: j : • • 1 " w i• • i •vjLvw ZJJL;&F*1 11111 :•I , • • • 1 •1 1J1 . :� • 1 Agreement, Gill en 1 ' City of Sanger,• - duly acting herein by .11 • through its Mayor,/ • Walmart StoresInc.• • • M • i 1 • togetheri its successors1 • assigns,• 1 - :1ereby enter into this Tax Abatement Agreement e:III III(this' J ::fll ei VVITNESSETH: VVI�REAS, the City Council of the City of Sanger, Texas (the "City Counal"), has adopted a resolution stating that the City elects to be eligible to participate in tax abatement; and Policy (the "Abatement Pohqc3 attached hereto as Exhibit A and made a part hereof for all purposes; arr�i. •. a 1si .!1 c n1 • • en :1 m • • 1' •/ un _• •to •. au-m `� •• �«••1 it c• n:• 1 10-two i ' •/ 1 •. • ♦+�♦ i/1 • 1- • • • 1-. 1• 1 ' :III .. ' 1 1 . ' • :1. 1 �• - • :-01 t11 . :• • . • • . 1 ' :1 1 :� •ii OU • / • i • 1 " . 1 • 1 ' i • •' • 11. 1 1 .1• �11.11 1 •1111 .11• in � 11.111 .11• =ployment base of 1 ' 1 • >= / 1 " • Cn 11 :m• i . « • �I • 1 ' • :ii 1 • 1 ''-•Caren 1 accordance1 said Abatement Policy,n Code;and 1 ' i - • 11 1 1 • 1 . 1 - • 1 - Im• :• • i - ' - 11 1 - • 1 - IIH �• ImproVeMenTS kneremarEtT• a1 1 :• EU He ' :ill 1 1 ' 11 • II • 1 1 i ' W� :all �1 • • i other ' 11 hereof C• • l i11 with encouraging development of the Zone in accordance vAth the included therein, the Code, and all other applicable laws; and ./:•1 :• • u u:�••• •/ •- •. • ♦�♦ Ili 11• di• 1- • • execute this Agreement on behalf of the City; and WHEREAS, a copy of this Agreement has been fiunished, in the manner prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located. NOW, 'THEREFORE, the City for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, and the Owner and Spectrum, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein below, as authorized by the Code, do hereby contract, covenant and agree as follows: 1. GENERAL PROVISIONS A. Owner is the owner of that certain parcel %J land described on Exhibit B attached hereto and made a part hereof for all purposes (the "Premises"). The Premises are located within the Zone, and the Premises are located within the City limits. B. The Premises are not in an improvement project financed by tax increment bonds. C. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. D. None of the property subject to abatement of taxes under this Agreement is owned or leased by (i) any member of the City Council, or (ii) any member of a zoning or planning board or commission of the City. 1 As a condition to the tax abatement provided herein, Owner, New Owner or an affiliate (defined below) shall make at a minimum a Two Million Dollar ($2,000,000) Capital Investment on and within the Premises on or before the third anniversary of the date this Agreement is executed and delivered by the City. The approximate location(s) of Improvements to be located on the Premises is reflected on Exhibit C attached hereto. For purposes of this Agreement: (1) the term "Improvement" shall mean any and all real property improvements to the Premises and shall include new or renovated buildings, structures and fixtures erected or affixed to land or existing real property; (2) the term "Capital Investment" means an investment in Improvements and/or tangible personal property (other than inventory and supplies). PROPERTY SUBJECT TO TAX ABATEMENT, RATE OF TAX ABATEMENT, TERM OF TAX ABATEMENT AND RELATED PROVISIONS located on the Premises, as follows: The Premises • • all Improvements• 1 • r :• thereon 1 . • : subject to abatement to the extent the market value thereof, as reflected on the tax rolls of Denton Apprai District (the "Tax"Roll ") in each such year, exceeds the value thereof, as reflected on the T Rolls, for the year in which this Agreement is executed. tangtDie •- ! . • •• • :• •1 t all 1. •- •:« • .i1patement as provided herein excludinginventoryand supplies, .1• • tangible Personal •roperty located • 1 the Premises before • "execution of this Agreement. :all :1 Be Me APT 382 ali :1 it • - 1 ' -JI :all ::1 • .i • 1 • , all :11 • - • • • . • / • - ::1 1' multiplied by / - portion of theof the Premises, Improvements 1 • ang• : personal property that • : to abatement,forth in paragraphs and of 1Article1 •1• .•. -uan •- •• 1" "• �J.0 :• i •- •• • .•, au an i. •un1s1 1 • 11 . 111• • ail ai • 1 : ' ' 11 1 ' ' Air . . 11 al - • t • • / • • i " ' " 11 • " ill • t all :1 1 • • • ' • 1 . • • • ' • : • • 1 / ' ' ail :` li . •' �� • • • 111• : • • . • :iAAA lll• t • i • 11 •WiI• U of • 1 • Ilegislation. 1 Agreement 11 :n not • • •construed • a that 1 • .1exemptions apply to the Premises, or personal property l• :• • 1 the Premises. apprai s or .. 11 alls of i Premises, or of 1 " Improvements thereon, or • 1 tangible personal property, 1• the tax abatementprovided • herein for J property shall be •• :• to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property. ' • • 1 � 1 - - (! • • i • 1 - • . all 1 • - • • i/ • - / ` !,1 :' 11 ai 1 - • • ON • :« • )therwise apply to such property. CERTIFICATION OF COSTS, CITY ACCESS TO PREMISES AND USE OF PREMISES AND IMTROVEMENTS A. On or before April 1st of each year, the Owner shall certify annually to the City whether the Owner has complied with each applicable term of this Agreement. Such certifications shall be in a form reasonably satisfactory to the City, and shall include, at a minimum, information supporting the conclusions of the Owner that each condition and requirement to abatement set forth in this Agreement has been met or is expected to be met. Failure to timely provide such certification shall be an Event of Default hereunder. B. At all times throughout the term of this Agreement, in addition to other rights under applicable laws, city codes and city ordinances, the City shall, upon giving reasonable notice to the Owner, have access to the Premises during normal business hours by City employees for the purpose of inspecting same to insure that the Improvements are constructed and the Premises used and maintained in accordance with the conditions of this Agreement; provided, however, that the City shall use reasonable efforts to not interfere with the normal business operations of the Owner on the Premises. C. The Premises and Improvements constructed thereon at all times shall be used in a manner (1) that is consistent with the City's comprehensive zoning ordnance applicable to the Premises, and (ii) during the period taxes are abated hereunder, is consistent with the general purpose of encouraging development or redevelopment within the Zone. V. FAILURE OF CONDITIONS AND BREACH A. If the Owner breaches any of the terms of this Agreement other than the conditions set forth in Article II hereof, then the Owner shall be in default of this Agreement (an "Event of Default"). If an Event of Default occurs, the City shall give the Owner written notice of such Event of Default and if the Owner has not cured such Event of Default within sixty (60) days of said written notice, this Agreement may be terminated or modified by the City; provided, however, that if such Event of Default is not reasonably susceptible of cure within such sixty (60) day period and the Owner has commenced and is pursuing the cure of same, the Owner may utilize an additional ninety (90) days. Time in addition to the foregoing one hundred fifty (150) days may be authorized by the City Council. If this Agreement is terminated for any reason other than the failure of the conditions set forth in Article II of this Agreement to be met, then the tax abatement granted under this Agreement shall terminate for the year in which the notice of the Event of Default is given and all subsequent years (which shall be the only remedy of the City), it being understood that the tax abatement with respect to any year prior to the year in which the Event of Default occurs and such notice is given shall not be forfeited or recaptured. B. In the event the Owner does not comply with the conditions set forth in Article IT this Agreement may be terminated or modified by the City by gg notice and opportunity to cure as set forth in Article V.A. above, provided that at least 60 days prior to terminating or modifying this Agreement as a result of the Owner failing to meet the conditions set forth in Article II, the City shall provide to the Owner written notice of the City's belief that such conditions have been failed' and shall during such 60-day period engage in good faith efforts to attempt to resolve any dispute with the Owner concerning whether such conditions have been failed. In the event that the conditions in Article II hereof are not met due to Force Majeure (defined below), the Owner shall have such additional time as is reasonably necessary after such occurrence abates or the effects thereof have dissipated to complete performance and, provided that the Owner is diligently and faithfully pursuing the completion of performance, in the event of such Occurrence, the Owner's faihue to meet the condition set forth in Article II hereof shall not be grounds for the City to terminate or modify this Agreement. The term "Force Majeure" means, without limitation, acts of God, or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action, other than the City's legislative zoning authority (unless caused by acts or omissions of the Owner), fire, explosions, floods and strikes. Variations or additions in the Improvements from the description provided in the application for the abatement (if any) or any preliminary site plan shall not constitute either a failure to comply with Article II or an Event of Default, provided the value of such Improvements is equal to or exceeds the relevant value set forth in Article H. If this Agreement is terminated as a result of the failure to comply with the conditions set forth in Article II, then all taxes which otherwise would have been paid to the City without the benefit of abatement under this Agreement will become due to the City within thirty (30) days of termination, including all interest at the rate provided for delinquent taxes in accordance with Section 33.01 of the Texas Tax Code, subject to any and all lawful offsets, settlements, deductions, or credits to which the Owner may be entitled. The taxes and interest due upon termination become delinquent and iacuur penalties as provided by law for delinquent ad valorem property taxes if not paid by February I of the year following termination of this Agreement. The recovery of such taxes shall be the sole remedy of the City in the event of a default hereunder by the Owner. VI. EFFECT OF SALE OR LEASE OF PROPERTY A. Any assignment of the tax abatement granted pursuant to this Agreement shall require City approval, which shall not be unreasonably withheld. B. In the case of any total or partial transfer or assignment of the Premises and/or the tax abatement provided under this Agreement, either the transferor or the transferee shall notify the City of such assignment. Any transfer of fee simple title to any portion of the Premises to a Person which is not a permitted transferee as set forth in Article VI.A above shall result in the termination for subsequent years of the tax abatement granted under this Agreement with respect to (a) any Improvement or tangible personal property located on the Premises transferred or sold, and (b) the portion of the Premises transferred or sold. Any Person who was an Owner but is no longer an Owner as a result of a valid transfer shall not have any liability under this Agreement. C. In the event the Premises are transferred to a future user, then (i) this Agreement shall automatically be transferred to such transferee, (ii) the tax abatement provided herein and all attendant rights, liabilities and obligations under this Agreement shall vest in such transferee as to the property transferred, (iii) Walmart Stores East Inc. shall be fully released from all obligations and liabilities arising under this Agreement, (iv) such transferee shall be treated as "Owner" under this Agreement, and (v) any activity by such transferee shall be considered the activity of "Owner" for purposes of determining whether the conditions of Article II hereof are met. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either parry designates in writing, by certified mail postage prepaid or by hand delivery: Walmart Stores East Inc. With a copy to: CITY; City Manager City of Sanger 201. Bolivar Sanger, Texas 76266 Any party may change its address by sending written notice to each party to this Agreement of its new address. In the event any section, subsection, paragraph, subparagraph sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. IX. ESTOPPEL CERTIFICATE lecessarily be limited to, statements that1 Agreement ::ill :/1 i YPA forceand • :11 SV WILMOIL %JR-a .1 the case, the remaining term of this Agreement, 1 ::11 :J I i " levels of tax abatement in " . V .11 • such • / " X. OWNER STANDING itigation questioning or challenping the validity . this Agreementor any of the11 • a 1 )rdhmces, resolutions,or Council M MI . is authori2ing same, and the Owner shallbe entitled :. ntervene in said litigation. r r I / ' '! :aII 41 1 . • " • i :• 11 t - 1 ' • / " • ::1 • 1 YI • 1 1 ! 11 • 11 • " 1 !1 :- 11 ai 1 . • - 1 - Y • • 1ivitivx Countv. and the Owner. Furtliennore, the parties hereto acJmowledge and agree that the doctrine of respondent superior shall not apply between the City and the Owner, nor between the City and any officer, director, member, agent, employee, contractor, subc�ntractor, licensees or invitees of the Owner, l' •ZI i 1 :V Y �i]�[I �T:�li�l �i► I �1►M Y • • :• • • • it `a :- 11 :!• i • • . • - • 11 1 . •- • • :• 1 1 - � ::• :«• • • 1 ��l :"11 :'.1 11. •" il••1•:• • 1• • 1' .11. 1 • 1 •' • i" • • •1 1 .il ecessary to this Agreement pursuant to the procedures set forth in Title I 11, Chapter 3 12, of the Code. . � ::• • • i • / • i - • . at a •t -a1 /• • /1 � :all :/ • • - •11 • • - • • - • • :. 1 • • • _ . i • 1 - � • • 4/I• 1 . 11 :• 1 a • • • • • - ... ail all • • • • • a I / - 1 - a • • �/ • • / - • 11 • - • / • alll 1 :+ • • • • - • , ail :11 • i • i - 1 • I 11 • • - III 1 • / - • 1 • / � : 3t • :. / . Il :• i 1 • p • • •i • • • . all �/ • i • 1 - EXECUTED this day of , 2000, by the City. EXECUTED this day of , 2000, uy Owner. ATTEST: Rosalie Chavez, City Secretary City Attorney Walmart Stores East Inc., a Texas corporation Tommy Kincaid, Mayor By: Name: Title: c.� c MAYOR'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON • ' I 1 - it • - 9 !�1 �• I 1 • • ' • 1 .11 • • 1 - • • i /I lay personally appeared Mayor of the City of Sanger, Texas, a municipal corporation, �•i• 1 • 11 • •- 1' •' •1 1• 1. 11 • M •�• • 1 • .�• /! iifft-went and . .•1•v&•ke• • I11 " so am II ' 1 - V • 1 • • 1 ! ' 11 II M • . • • • IMR-PELIKIrd 1 a•i I 1 • G• • • " • it / ' it • • • • • WHROWO • II M • I " • - 1 • .11 • 1. I- t' II- 1V• • H/Y •I •/ I'.11 -••�. �•.11• in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2000. Notary Public, State of Texas • IIIiI �I • 1 �• August 31, 2000 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary I: u This is the Interlocal Agreement from the City of Denton regarding Ambulance Service for FY 2000-2001. It reflects the previous agreement with them to increase to $10.00 per capita as noted in the proposed budget. O�0N E DE 212 WEST SYCAMORE STREET • DENTON, TEXAS 76201 August 24, 2000 940m349w8110 • FAX 940-349-8109 Mr. Tommy Kincaid, Mayor City of Sanger P.O. Box 1729 Sanger, Texas 76266 bear Mavor Kincaid: Enclosed is your city's Interlocal Agreement for Ambulance Service for FY 2000-2001. The attached agreement reflects an increase from $8.00 per capita to $10.00 per capita in accordance with a three-year fee plan implemented by the Denton City Council in fiscal year 1998-99. Your per capita charge is based on the estimated population as of January 1, 2000 provided by the North Central Texas Council of Governments (see attached). Please submit the enclosed contract to your Council for approval and signatures and return to us by September 15, 2000. Once we have your signed agreement, and have obtained the appropriate signatures, we will mail a copy of the executed document to you. We are pleased to announce the following improvements made in our emergency medical service over the past year: *4`h frontline ambulance added *Expanded level of patient care *Affiliation with Dr. John Ansohn and Baylor -Grapevine Medical Center for medical direction and control *Addition of Field Training Officers and implementation of a continuous quality improvement (CQI) program *Improved and expanded continuing education program for our paramedics We appreciate the opportunity to serve your community and encourage your input into ways we can further improve our service. We are available to meet with you or your city council to answer questions and receive comments. If you have questions or concerns, please call me at your convenience. Sinc , %Koss Chadwick Fire Chief (940)349-8101 "Dedicated to QualitJ Service" zumzu. cityofden fort. com SAOur DocurucutsTonvacts=\ambulance convact-sanger.doc INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and WHEREAS, the City of Sanger will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH This Agreement is made on the day of , 2000, between the City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger"). The parties agree as follows: 1. Definitions. F.m .r en .y Medical Services or R-M-S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: SAOur Documents\Contracts\00\ambulance contract-sanger.doc (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Sanger, Sanger agrees to pay to Denton the sum of $53,000 for fiscal year 2000-2001 based on a population of 5,300 multiplied by $10.00. The population figure used is contained in the latest edition of the North Central Texas Council of Governments estimate for January 1, 2000. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by or& nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Sanger waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 2000 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If either parry breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided - up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 To danger: Mayor City of Sanger P.O. Box 1729 Sanger, Texas 76266 Page 2 of 4 SAOur Documents\Conuacts\OO\ambuIwce conuact-sangendoc 10. Agreement Not for Benefit OIL Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the JLdlG Ul 1GXttJ. EXECUTED on the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2000. CITY OF DENTON, TEXAS BY: EULINE BROOK, MAYOR CITY OF SANGER BY: MAYOR Page 3 of 4 S:\Our MKumentsNContracts\00\ambulaoce contract-sangmdoc ATTEST: BY: SECRETARY Page 4 of 4 Loa C12 i`�..tr�l Tperac Council of Governments �r{.�� VYN ab4aa• •vim-�� Research and Information Services Summary of Regional Population Estimates The year 2000 total population for North Central Texas is 5,119,950; the region added a record breaking 160,750 new residents last year. What in the past has been astonishing is suddenly usual as the region has its fourth consecutive annual increase of over 100,000 persons. The remarkable growth seen in the last half of the decade has forced the average annual growth to over 100,000 new residents. This decade has brought over one million new faces to the region, with 70 percent of that growth occurring over the last five years. The four core counties, Collin, Dallas, Denton, and Tarrant, cap- tured 85 percent of all the regional growth, or 847,100 persons. Tarrant County saw the greatest population increase in the nineties, adding a total of 240,650 persons. With 63 percent of its growth occurring in the last five years of the decade, Collin County almost doubled its 1990 population, growing by 232,750 persons. Dallas County added 217,900, and Denton added 155,800 during this 10-year period. The five cities that experienced the greatest increase (30 per- cent of the growth regionally) last year were again led by Plano. Plano, the fastest growing city of the decade in the region, added 13,500 persons for a 2000 population of 231,650. Fort Worth added 11,300 persons in 1999 and ended the decade with a population of 516,150 residents. The city of Dallas, 1,083,500 persons, finished in the top five for the first time since 1997 with 8,400 new persons. Arlington and Frisco, complet- ing the list with January 1, 2000 population of 316,700 and 32,650 respectively, have both added 7,000 persons. Although their absolute growth did not compare to those men- tioned previously, three communities in the region had a single year growth rate of more than 50 percent. By adding significant numbers of single family as well as multi -family units Roanoke reached a population of 3,000. The city had the highest growth rate in the region for the past year (67 percent) with 1,200 new residents. Little Elm was next with a 61 percent growth rate, adding 1,350 persons for a total population of 3,550. Hudson Oaks, in Parker County, also had significant growth in 1999, adding 600 persons for a growth rate of 50 percent and a January 2000 population of 1,800. The 12 ex -urban or rural counties added over 30,000 persons to the region last year, led by Johnson County (125,250) with 7,200 new residents in 1999. Parker and Ellis Counties also made impressive gains, each adding over 5,000 persons. Growth in the nineties was easily tracked as it spread along the State Highway 121 Corridor from the Dallas/Fort Worth Intern- ational Airport north to McKinney. This really becomes evident as we look at the 10 cities with the highest percentage growth rates throughout the decade of the nineties. With the exception of Hudson Oaks, all of these cities fall within the aforementioned corridor or their growth can be directly attributed to its develop- ment. Frisco had the highest percentage growth rate this decade. The United States Bureau of the Census also recog- nized Frisco as the country's second fastest growing city. The 1990 vision of a small community with its 6,150 residents is just a blur, as the city is now five times larger with 32,650 residents. Flower Mound was next, and also found itself in the middle of the region's growth as it more than tripled its population this decade. It now boasts more than 50,000 residents. Southlake also tripled its population by adding 15,400 new residents during the decade, for a year 2000 total of 22,500 persons. Seven other es, Allen (43,300), Coppell (34,800), Corinth (11,050), Hudson Oaks (1,800), Little Elm (3,550), McKinney (50,200), and Murphy (3,150), more than doubled their 1990 populations. Regional Population Increase by Decade 1960-2000 1,000,000 Soo,000 600,000 ao09000 zo01000 0 1960.70 1970-80 1980.90 199u•uu Final Final Final Estimated Revised Estimated Percent Census Census Census Population Population Population,- Growth 411170 411180 411190 1/1195 111199 1/1100 19994000 Collin County 66,920 144,576 264,036 348,400 459,379 496,806 8.15 Allen' 11940 81314 19,315 26,900 38,800 43,300 ,-- 11,60 Celina 1,272 1,520 1,737 1,750 11900 11950 2,63 Fairview 463 893 1,554 21000 21900 31050 5,17 Farmersville 21311 21360 2,640 20650 2,800 2,850 1,79 Frisco' 1,845 3,499 6,138 13,850 25,550 32,650 -. 27,79 Lucas 540 11370 2,205 2,400 31050 3,500 14,75 McKinney 151193 16,256 21,283 281400 430650 50,200 :; 15,01 Murphy 261 13150 11547 11650 2,550 3,150 - 23,53 Parker' 367 19098 1,213 1,450 1,750 10900 8,57 Plano' 17,872 72,331 127,885 169,900 218,150 231,650 6,19 Princeton' 11105 3,408 20448 2,500 21900 2,900 0.00 Prosper 501 675 10018 10200 11650 1,850 < `- 12,12 Wylie 22675 31152 8,716 91650 12,250 13,250 8.16 Remainder of Collin County 17,785 20,109 30,019 33,100 390250 41,300 5,22 1.73 Split Cities" 2,790 81441 36,318 51,000 62,229 634306 Dallas County 11327,696 11556,419 11852,810 1,931,150 2,046,585 21070704 1.18 soy A 73 10 .200 12300--- 13250 7.72 usun A'd Balch Springs 10,464 13,746 17,406 18,300 18,750 18,750 0,00 Cedar Hill' 2,610 60849 191988 24,450 29,450 30,950 `' 5,09 Cockrell Hill 31515 3,262 31746 31800 3,800 3,800 - 0.00 6,75 Coppell 1,728 31826 16,881 24,050 32,600 34,800 Dallas' 8440401 904,078 1,007,618 1,034,400 1$075,100 1,083,500 0,78 Desoto 6,617 15,538 300544 33,950 36,800 37,900 's; 2,99 Duncanville' 14,105 27,781 35,008 35,300 36,250 36,450 0,55 0,37 Farmers Branch 270492 24,863 243250 24,500 193,200 26,800 204,000 26,900.-.' 205,300 0.64 Garland' 810437 257 1386857 1,033 180,635 4,564 41650 61350 60750 6.30 Glenn Heights Grand Prairie' 50,904 71,462 993606 104,350 113*950 117,150 .. 2,81 Highland Park 10,133 8,909 8,739 90050 9,500 91400 2,750 -1.05 0.00 Hutchins 1,715 979260 21837 109,943 21719 1559037 2,750 1660350 21750 183,650 185s200 0,84 Irving Lancaster 103522 140807 22,117 22,750 240300 25,050 ' 3,09 2,14 Mesquite 55,131 67,053 101,484 109,850 78,750 1199350 88,750 121 900 91050 ` 2.59 Richardson 48,405 20243 72,496 7,522 746840 23,260 32,350 41,150 44,000 `+' 6,93 Rowlett Sachse 777 11640 54346 61700 8,200 10,050 f 10,450 22,56 0,48 Seagoville 40390 7,304 1,404 8,969 21228 91500 2,300 10,400 2,650 2,800 '' 5,66 Sunnyvale University Park 995 23,498 22,254 22,259 23,000 24,150 24,250 0,41 Witmer 1,922 21367 21479 2,500 29650 2,650 . 61600 '- 0,00 2,33 Remainder of Dallas County 18,941 91181 11,854 6,197 (31,893) 63250 (52,100) 61450 (73,515) (80,946) 10,11 Split Cities" 7,641 Denton County 75,633 143;126 2739525 320,400 397,809 429,332 21250 7.92 2,27 Argyle 443 1,111 10575 11138 10950 11100 2,200 11200 - 1,300 .. 8.33 Aubrey Carrollton 731 13,855 948 400595 82,169 90,950 101,400 105s200 3,75 Copper Canyon NI 465 978 1,150 19250 9,150 1,300 11,050 4,00 20,77 Corinth 461 39,874 1,264 48,063 3,944 661270 4,900 69,800 75,100 799250 5,53 Denton Double Oak NI 836 1,664 1,800 23250 2,300 > 2,22 9,03 Flower Mound 1,685 41402 15,527 29,600 47,050 2,050 51,300 2,050 '_ 0,00 Hickory Creek 218 516 1,422 3,246 1,893 75027 2,000 10,350 12,100 12,750 ' 5,37 Highland Village 741 920 11234 1,300 11550 1,750 12.90 Justin Krum 454 917 1,542 12650 1,g00 2,000 -:` 5,26 Lake Dallas 10431 30177 3,656 4,150 53,350 51900 73,050 6,050 78,150 ,'. 2,54 6,98 Lewisville 91264 24,273 926 46,521 1,255 1,150 2,200 3,550 61.36 Little Elm Pilot Point 363 1,663 2,211 29538 21800 3,200 3,400 = : 6.25 Roanoke 817 910 1,616 11900 1 1,800 3.000 :' 66,67 0,00 Sanger' 1,603 2,754 3,514 4,100 1,350 5,300 19400 5,300 1,450 .;. 3,57 Shady Shores 543 NI 813 11,586 19045 22,113 23,150 25,750 26,650 3,50 The Colony Trophy Club NI NI 31922 4,400 6,200 6,650 ,; 7,26 4,95 Remainder of Denton County 12,826 19,870 28,072 31,800 38,400 (22,591) 40,300 (17,668) ;' •21,79 Split Cities" (11,855) (270583) (25,688) (24,300) Ellis County 46,638 59,743 85,167 91,700 107,792 112,702 154750 4656 1.61 Ennis' 11,046 12,110 13,869 14,450 20200 150500 21200 2,250 2,27 Ferris 2,180 1,309 2,228 1,306 21212 16699 19750 1,800 13800:-; 0,00 Italy Midlothian' 2,322 3,219 5,040 51800 71250 1,200 7,650 j?, 1,250:;.- 5,52 4.17 Oak Leaf NI 339 NI 1,067 984 29027 1,000 21550 30050 3,200, 4.92 Ovilla Palmer 601 1,187 1,659 10650 1,800 1,800 t 1, 51250 0,00 2.94 Red Oak 767 1,882 3,124 17,984 3,600 19,100 52100 20,700 21,200 ,' 2.42 Waxahachie' 130452 149431 140624 21,926 35,857 38,900 470850 51,050 6,69 11.92 Remainder of Ellis County 191 194 712 700 11342 1,502 Split Cities" Final Final Final Estimated Revised Estimated Percent Census Census Census Population Population Population:`"'' Growth 4/1/70 411/80 4/1190 1ll/95 111/99 111100 ` 1999.2000 Erath County 18,14l 22,560 27,991 29,050 31,850 32,700 . ; 2.67 Dublin 2,810 2,723 3,190 3,250 30400 31400. 0,00 Stephenville 9,277 11,881 13,502 132700 14,650 14,650 0,00 Remainder of Eralh County 60054 7,956 11,299 12,100 13,800 144650 6.16 Hood County 6,368 17,714 2%981 32,350 39,550 40,750 3.03 Granbury 21473 30332 41045 46250 6,600 6,850 3,79 Remainder of Hood County 31895 14,382 24,936 28,100 32,950 33,900 2,88 Hunt County 47,948 65,248 64,343 65,400 71,750 74,500 3483 Caddo Mills 935 1,060 10068 11100 11150 10150 0.00 Commerce 96534 8,136 6,825 71000 7,800 7,900 1,28 Greenville 220043 22,161 23,071 23,250 24,800 25,100 1,21 Quinlan 844 11002 1,360 1,450 1,550 1,550 0,00 Wolfe City 19433 1,594 19505 16550 1,600 10600 0,00 Remainder of Hunt County 13,159 21,295 30,514 31,050 34,850 37,200 6.74 Johnson County 45,769 67,649 973165 103,750 118,027 1253238 6.11 Alvarado 2,129 21701 2,918 3,000 3,250 3,300:- 1.54 Burleson 79713 11,734 16J13 17,950 20,400 21,150 3,68 Cleburne 16,015 19,218 22,205 22,700 24,350 259750 5,75 Grandview 935 1,205 1,245 1,250 1,300 1,350 3.85 Joshua' 924 1,470 31821 43300 5,450 51600 2,75 Keene 20440 3,013 31944 41450 41550 4,650 ';''; 2.20 Venus 414 518 977 11600 10800 1,950.: 8,33 Remainder of Johnson County 16,133 28,891 47,285 50,950 59,900 640550 ' 7,76 Split Cities" (934) (11101) (1,343) (21450) (2,973) (33062) 2,99 Kaufman County 32,392 39,015 52,220 56,750 66,129 70,327 6.35 Combine 249 698 11329 11450 11550 19550 .: 0,00 Crandall 774 831 11652 2,100 2,550 21600'; ;' 1,96 Forney 11745 21483 4,070 41450 5,200 51350 2,88 Kaufman' 41012 46658 5,251 51500 51850 6,0501, 3,42 Kemp 999 1,035 11184 1,200 11250 1,250 `'' 0,00 Mabank 1,239 11443 1,458 1,550 11750 19800 2.86 Terrell 14,182 13,225 12,490 12,650 13,200 13.600 ;'.'; 3,03 Remainder of Kaufman County 9,320 14,779 256494 28,300 353250 3%600 9.50 Split Cities" (128) (137) (708) (450) (471) (473) 0,42 Navarro County 31J50 35,323 39,926 40,300 4Q850 41,300 CIO Corsicana 19,972 21,712 22,911 234000 23,250 230350 `:', 0.43 Kerens 11446 1,582 11702 1,700 12550 11750 12,90 Remainder of Navarro County 9,732 126029 15,313 15,600 16,050 16,200, 0,93 Palo Pinto County 28,962 24,062 25,055 25,550 25,980 26,230 r: 0496 Mineral Wells' 18,411 140468 14,935 14,850 15,700 15,850 0.96 Remainder of Palo Pinto County 100586 9,631 10,602 10,750 11,450 11,550 0.87 Split Cities" (35) (37) (482) (50) (1j170) (1,170).'"". 0.00 Parker County 33,888 44,609 64,785 73,550 88,951 93,999 5.68 Alecto 620 11027 1,169 1,200 11500 1,600 6,67 Hudson Oaks NI 309 711 11150 11200 1,800 50,00 Reno 688 19174 2,322 21450 2,800 21850 ?' 1.79 Springlown 1,194 1,658 13740 16800 2,100 21200 4,76 Weatherford 113750 12,049 14,804 16,550 190450 209150 `" 3,60 Willow Park 230 1,113 2,328 3,050 3,550 3,600 1,41 Remainder of Parker County 18,617 26,349 40,026 46,100 55,950 59,400 i' 6.17 Split Cities" 789 930 1,685 11250 20401 2,399 -0.08 Rockwall County 7,046 14,528 25,604 31,050 39,246 42,035 7611 Heath 520 10459 2,108 2,750 3,600 41000 e ` `; 11.11 Rockwall 3,121 51939 10,486 12,200 150800 17,050 7.91 Royse City 1,535 1,566 2,206 2,650 31000 3,150 '' 5,00 7,66 Remainder of Rockwall County 1,605 4,567 7,525 8,700 10,450 11,250 6,585 - 2,95 Split Cities" 265 997 3,279 41750 6,396 Somervell County 21793 4,154 5,360 5,600 6,400 6,650 2,050 3.91 0.00 Glen Rose 1,554 2,075 1,949 10950 31650 2,050 41350 -: 41600 ` 5,75 Remainder of Somervell County 1,239 2,079 31411 Tarrant County 7150587 860,880 11170,103 11268,450 1,375,267 1,4109740 2,58 2,23 Arlington' 90,229 160,113 261J17 281,150 309*800 316,700 1,04 Azle 41493 5,822 81868 91300 45,900 9,650 48,850 9,750 >- 49,450 1.23 Bedford 10,049 81169 20,821 139579 43,762 19$64 20,250 21,600 21,750 , 0.69 Benbrook Final Final Final Estimated Revised Estimated Percent Census Census Census Population Population Population '-` Growth 4/1/70 4/1/80 411190 111/95 111199 111100 1999w2000 Tarrant County (continued) Blue Mound 1,283 21169 2,133 29400 21450 2,450'" 0,00 Colleyvilie 38342 6,700 12,724 16,200 19,200 19,800:' 3,13 Crowley 2,662 5,852 61974 71150 7,650 7,650 , 0,00 Dalwonhington Grdns 757 19100 1,758 21050 2,150 21200 >12,33 EdgecliH Village 1,143 2,695 2,715 21750 20750 2,750 0,00 Euless 19,316 24,002 38,149 39,900 44,250 45,550 :' 2.94 Everman 4,570 5,387 5,672 5,750 5,700 51700 0,00 Forest Hill 8,236 11,684 11,482 11,550 11,600 11,650 0,43 Fort Worth 393,455 385,164 447,619 473,600 504,850 516,150 2.24 Grapevine' 71049 111801 29,198 33,100 38,400 39,300 2.34 Haltom City 28,127 29,014 32,856 33,500 36,100 36,950 2,35 Haslet 276 262 795 10000 10150 11200 4,35 Hurst 27,215 31,420 330574 35,650 36,500 368900 1,10 Keller 11474 4,156 13,683 18,250 24,200 26,300 8,68 Kennedale 32076 2,594 41096 4,850 5,850 6,000 , 2.56 Lake Worth 41958 4,394 40591 41650 4,600 4,600 0.00 Mansfield' 31658 81102 15,615 19,850 25,550 28,300 ` 10,76 rd r)ir•klumrl Will* 16514 30,592 45.895 50,650 54,300 56,250 ;.' 3,59 Pant ego 1,779 20431 2,371 2,400 21400 2,450 2,08 Pelican Bay NI NI 11271 1,300 1,500 10550 : 3,33 Richland Hills 81865 71977 73978 86150 81750 81750 ` 0,00 River Oaks 80193 6,890 6,580 6,600 6,600 6,600 0,00 Saginaw 28382 50736 81551 91400 11,750 12,850 9.36 Sansom Park 4,771 3,921 36928 31900 3,950 3,950 ` 0,00 Southlake' 21031 2,808 7,082 13,350 20,750 22,500 8.43 Watauga 3,778 10,284 209009 21,100 22,000 22,100 0.45 Westworth Village 4,578 3,651 2,350 11850 1,900 11900 0.00 White Settlement 133449 13,508 15,472 15,400 15,550 15,650 .`' 0,64 Remainder of Tarrant County 241110 29,854 33,232 34,050 34,650 35,600 2,74 4.14 Split Cities" 1,600 6,397 179839 21,500 28,317 290490 Wise County 19,687 269575 34,679 36,850 430650 45,950 5.27 Boyd 695 889 19041 1,100 1,150 18150 0,00 Bridgeport 30614 31737 31581 3,600 31750 3,750 0,00 Decatur' 3,240 4,104 4,245 42400 4,800 14,900 2,08 Remainder of Wise County 12,138 17,845 25,812 27,750 33,950 36,150 11 6AB Nine County Urban Area 21351,569 21930,545 3,885,415 4,215,200 41699,185 4,851,883 3,25 (Collin, Dallas, Denton, Ellis Johnson, Kaufman, Parker, Rockwall, Tarrant NCTCOG Region (16 counties) 21508,442 3,119,806 491110750 41450,300 40959,215 5,11%9613 : ` 3,24 ' 1990 population totals have been officially changed by the Census Bureau "Split Cities -represent corporate boundaries that extend into another county. For technical questions, contact Angi Young, Research and Information Services, NCTCOG. To order copies of this and other COG publications, contact Alice Tate Regional Information Center NCTCOG Suite 200 P O Box 5888 Arlington Texas 76005-5888 (817) 640-3300. Populafiion Estimates Methodology: NCTCOG's population estimates are based on current housing inventories for each city in the NCTCOG region with a population of 1,000 or more. The figures are reviewed at the regional level for consistency with other indicators of regional population such as labor force esti- mates and vital statistics. Cities complete a building permit form that provides NCTCOG with information on building completions, demo- litions, annexations and other changes in housing stock that occurred throughout the prior year. The reported housing units by type (single family, multi -family, other) are added to the 1990 Census housing stock figures to devel- op estimates of current year housing stock. Persons per household figures and occupancy rates were adjusted slightly in order to account for national trends as well as regional and local rates observed from secondary data sources and surveys. These rates were used in conjunction with building permit data to produce city level population estimates. Final pop- ulation for January 1, 2000 also includes estimates of per- sons living in group quarters (nursing homes, dormitories, etc.). All figures are reviewed by each city prior to publica- tion. County level estimates are adjusted for cities that are in more than one county. Remainder of county totals are estimated based upon secondary resources and have been adjusted to reflect annexations. Revised population estimates require prior year adjust- ments through methodological changes to ensure consis- tency. The percent growth column provides a convenient cator of the annual growth for each city and county. r. Palo Pinto Erath •OUNin Map of the North Central Texas Region (All Cities over 1,000) Wise I Denton Pio Pe n1 • Collin • Auhrey • arum comm.rca • pmspet • Bridgeport • Decatur • Denton • Ncaklney • Prinaaren y Lllda E m anaq More • Farm«urns • • Frisco • F I CorMin• •tale OaKaa situ err •GrpemMe NSFIa• •Hickory Craai Allen• •Lucas Juain• Coppat Cam'an• •Nlylyand • •Caddo Nile Nil • Sold Clout" Oak • Viisv Colony • •Parker • Wyllo Flower Mound • L"Isvile Nano • Murphy Hoanoka• •Trophy Club L ty Springlimn • "still• Souft • • Carrolho" • SKn rEson Stones Royce Ci Rana0 Novato Grap"Ine• Copps •Atldisan •µo<Ywa• •Ouihlan • Pelican ary Ceyeyvila iarmera arancn Garland • • Ne^n "'^"" Rockwall Hunt Saylnrw INdaM .its,atsuits Euless • •University Pah •Neatn Laos VloIllw"Mound• • •No ok 01ord "IN •Highland Park • •aanaomlPuYSkhland HA& Sunnyvale • WaM µNor oaes7 f.varJl «kd • Dallas Mas airs • Fern" WeaIM"oW000a• •Park Whaa• �••'•i� :�'•:::g` L 4wl� 0Wraa Se"lemsnl F°nW nn •PanlayeSJch ♦leas •DahworrninglonGardens• • •DsnCrook FarrMA "MyronHEdgaCl"• •µarmedalaCrandall Vitaga • LancasErorman •ELw • aauhrun rker Tarrant •croadcy N'^';ynla•0u"a son • •aed ood Johnson D.YLallJoshua• NIAOInian•Kemp Granoury•Ah«adpVanw••Glenurna• 00 own Mesaa"""imi0i Somervell North Central Texas Council of Governments P. O. Box 5888 Arlington, I X 78005-5888 •Wvahachw •enma Ellis \ •nary Corsicana Navarro Kaufman Milbank a.r.n.• Bulk Rate U.S. POSTAGE PAID Arlington, Texas Permit 90 �1 DATE: August 245 2000 TO: Mayor and City Council FR(1M• RneP C`havP� ('itv RPeretary Subject: Legal Action Against TXU Jack and I both received a copy of this letter concerning pending litigation that the City of Denton has against TXU. I did fax a copy of this letter and the attached documents to Mr. Dillard. He indicated that the city could benefit from participating in the case. There are two fees that will be assessed to the city if we participate in the lawsuit. Mr. Dillard indicated it is worth the $2,000.00 to pursue. I am sending the attached information for council's consideration. RESOLUTION NO. A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF TEXAS IN THE CAUSE OF ACTION STYLED THE CITY OF DENTON, TEXAS VS. TEXAS UTILITIES COMPANY AND LONE STAR GAS COMPANY OR SUCH OTHER CAUSES OF ACTION AS THE "STEERING COMMITTEE OF CITIES PARTICIPATING IN THE TXU FRANCHISE LITIGATION" MAY DETERMINE SEEKING DELINQUENT FRANCHISE FEES FROM TXU, LONE STAR GAS AND OTHER ENTITIES ASSOCIATED WITH TXU; AUTHORIZING THE EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES; AND PROVIDING AN EFFECTIVE DATE. .'-- vvL1L'1t.1:1-1,J, ull lvl�lllal JV, GVVU 111G GV7 L1Jl11Gl I.UUlI dwalLLGl1 alalldl t1i11i1d�eS tU llle Cities of Wharton, Galveston and Pasadena of $3.4 million and on April 4, 2000 punitive damages of $30 million against Houston Lighting & Power Co. (HL&P) for underpaying franchise fees by excluding revenues from the gross receipts upon which such fees are derived; and WHEREAS, on December 12, 1999 an audit on behalf of the City of Denton estimated TXU Electric and Lone Star Gas owed delinquent franchise fees in excess of $1,000,000 based on findings that revenues similar to those at issue in the HL&P case were excluded from the calculation of gross receipts/revenues; and WHEREAS, the law firms of Strasburger & Price, L.L.P. and Bucek & Frank, L.L.P. have filed suit against TXU and Lone Star Gas on behalf of the City of Denton in the 393`d District Court in Denton County for delinquent franchise fees; and WHEREAS, a consolidated action by cities in the TXU service area seeking delinquent franchise fees will reduce duplication of effort and the attendant legal, expert and court cost; NOW THEREFORE BE IT RESOLVED BY THE CITY OF COUNCIL OF THE CITY OF TEXAS: SECTION 1. That the City of agrees to participate with other similarly situated Texas cities in the TU/LONE STAR GAS system and join the City of Denton in pursuing causes of action against Texas Utilities Company, Lone Star Gas Company and other entities associated with TXU to collect delinquent franchise fees. SECTION 2. That the City of agrees to contribute $.50 for each individual residing within its corporate limits based on the 1990 U.S. Census (except for such portion of its population that may not be residing within the TU/Lone Star Gas service area) or $2,000, whichever is more, to underwrite the cost of legal and expert witness fees and related costs to be expended on behalf of the cities in this matter, $.25 [or $1,000 if applicable] being due on or before October 31, 2000, and the other $.25 [or $1000], if assessed, being due and 609709.1 /SPO/29121 /0104/08182000 payable on the date the Steering Committee of Cities Participating in the TXU Franchise Litigation authorizes such assessment. SECTION 3. That (title) or his designee shall be the City's primary contact and liaison in this matter and such individual shall be eligible to serve on "Steering Committee of Cities Participating in the TXU Franchise Litigation" if he/she is elected by the cities participating in this litigation. Notices to the City should be addressed as follows: Name/Title City/Address Telephone Fax E-mail SECTION 4. That the liaison named above is authorized to take those steps reasonable and necessary to comply with the intent of this resolution. SECTION 5. That this resolution shall take effect immediately from and after its passage. PRESENTED AND PASSED on this the ayes and nays at a , Texas. ATTEST: CITY SECRETARY By: APPROVED AS TO FORM: CITY ATTORNEY By: day of , 2000, by a vote of meeting of the City Council of the City of Mayor *(Please forward a cop�your resolution to David J. LaBrec, Strasburger &Price, L.L.P., P.O. Box 50100, Dallas, Texas 75250 (Fax 972-651-4330) onto Mike Bucek, Bucek &Frank, L.L.P., Suite 200, 2250 State Hwy. 114 West, Grapevine, Texas 76051 (Fax 817-906-2043) on or before October 20, 2000.) 609709.1/SPO/29121/0104/08182000 Bucek & Frank, L.L.P. Attorneys at Law 2250 State Hwy. 114 West, Suite 200 Grapevine, Texas 76051 August 18, 2000 VIA REGULAR MAIL Mr. Ronald J. Neiman City Attorney of Sanger P.O. Box 578 Sanger, Texas 76266-0578 Phone: (817) 949-2161 Fax: (817)906-2043 Re: Legal action against TXLJ for delinquent electric and gas franchise fees. Dear Mr. Neiman: Strasburger &Price, L.L.P. and Bucek &Frank, L.L.P., in behalf of the City of Denton, have filed suit in the 393rd District Court in Denton County regarding the above referenced subject matter. The City of Denton has requested that we notify cities in Texas served by TXU of this pending litigation and provide such cities the opportunity to participate. A packet of information regarding this litigation is enclosed for your perusal. Should your city desire to participate in this case or would like to have additional information regarding this case, please contact me at 817-949-2161 or Strasburger & Price, L.L.P. attorneys David J. LeBrec at 214-651-4752 or Kurt Meaders at 214-651- 1701. Sincerely yours, A c Mike Bucek Enclosures ST SBUT�RGER RI C I L.L.P. ATTORNEYS AND COUNSELORS A .NfTIE1 r HCUAYq � COWTw" SUITE 4300 901 MAIN STREET GALL AS, TEXAS 76202-3794 (214) 661-4300 FAX (214) 061-4330 www.stresburpsr.00m r I I I I n I n"�rrn rV V1 VI V `1 Is 1 VI V V. TEXAS UTILITIES COMPANY, TXU CORP., d/b/a TXU ELECTRIC COMPANY f/k/a Texas Utilities Electric Company, d/b/a TXU ELECTRIC AND GAS and d/b/a TXU LONE STAR GAS, and LONE STAR GAS COMPANY, a division of Enserch, a wholly -owned subsidiary of Texas Utilities Company. Cause No. 2000-30109-393 IN THE DISTRICT COURT DENTON COUNTY, TEXAS 393RD JUDICIAL DISTRICT Filed June 7, 2000 610921.1/SPO/29121/0104lOd202000 AUSTIN HOUSTON SAN ANTONIO MEXICO CITY DAVID J. LABREC (214) 651-4752 lablecd@strasburger. com ST SBURGER CSS RICE, L.L.P. ATTORNEYS AND COUNSELORS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 4300 901 MAIN STREET DALLAS, TEXAS 75202-3794 (21 4) 651 -4300 FAX . (21 4) .651 -4330 www.strasburger.com August 18I 2000 nna���r� an�i ('itv Managers of Cities Served bV TXU AUSTIN HOUSTON SAN ANTONIO MEXICO CITY RE: Legal action against TXU for delinquent electric and gas franchise fees On March 30, 2000 a Houston jury awarded the cities of Pasadena, Galveston and Wharton actual damages of $4.2 million against Houston Lighting & Power Company (HL&P) for excluding revenues from calculations used to derive the franchise fees owed such cities for the rental and use of their public streets, easements and public properties. On April 4, 2000 the jury found that HL&P had acted with malice by intentionally underpaying these cities for decades and awarded each city $10,000,000, HL&P's attorney stated in an article entitled HL&P Hit Hard in Three Cities' Franchise -Free Suit of the April 101 2000 edition of the Texas Lawyer (Copy attached) that "What HL&P has done, its done for 43 years. It follows industry practice." On August 24, 1999, the City of Denton retained Diversified Utility Consultants, Inc. to perform a review of TAU- Electric's franchise calculations and TXU-Lone Star Gas's franchise calculations. DUCI's summary confirm their conclusions that the practice of the electric and gas industry is to miscalculate the franchise fees paid to cities. DUCT estimates that TXU-Electric owes the City of Denton delinquent fees of over $256,000 for the years 1987 - 1998.' TXU-Lone Star Gas owes the City delinquent fees of over $861,000 for the years 1982 - 1998. ' Although this figure is not a significant amount, it is when you consider that less than 300 of Denton's 28,000 electric customers are on the TXU system. The remaining customers purchase electricity from Denton Municipal Utilities or CoSery Electric. 609424.1/SPO/82299/0101l08182000 LID STRASBURGER 5 RICE, LAP. Mayor and City Managers of Cities Served by TXU August 18, 2000 Paqe 2 On June 7, 2000 Strasburger &Price, L.L.P. and Bucek &Frank, L.L.P. filed suit against TXU on behalf of the City of Denton in the 393rd District Court in Denton County, The Court issued a TRO restraining TXU from "removing, altering and/or destroying records relating to payments of franchise fees to municipalities in the State of Texas and the City of Denton from January 1982 to present. The City of Denton has asked us to seek out other cities in the TXU service area to join in this lawsuit while an Agreed Temporary Injunction is in place that protects records of all Texas cities which TXU serves. As we have done in the prior utility cases, your City can join this suit by passing an ordinance or resolution (similar to the one attached) by October 20, 2000 by which your City agrees to contribute $.25 by October 31, 2000 for each resident, based on the 1990 U.S. Census and another $.25 if later assessed by the "Steering Committee of Cities Participating in the TXU Franchise Litigation "toward underwriting the cost of a multiple party Plaintiffs' suit. The fee can be prorated if your city has electric and/or gas utilities provided by entities other than TXU, however, the minimum contribution is $1,000 per assessment. The size of the Steering Committee will be ultimately determined by the number of cities participating. If 29 or less cities participate in the litigation there will be a 3-member committee. If 30 or more cities participate there will be a 5-member committee. Denton has agreed to serve as Treasurer for the collection of the underwriting fees, and therefore Denton will have one representative on the Steering Committee and the other members will be elected by the participating cities. The overall strategy and trial will be directed by Strasburger &Price, L.L.P. with the Steering Committee serving as representatives of the cities regarding coordination of effort and flow of information, retention of experts, consideration of settlement offers and consultation with us as needed relating to media issues. We plan to hold at least two meetings before October 13, 2000 for cities interested in joining this lawsuit. At the meetings, DUCT and our attorneys will be available to address questions that the city officials may have 609424.1/SPO/82299/0101/08182000 rZ a A /`a �` STR#k5BUT�Rr GER N RICE, LLP Mayor and City Managers of Cities Served by I U August 18, 2000 Page 3 and provide available information obtained through the DUCT audit. In particular, we will discuss the types of revenue accounts that TXU has failed to include in gross receipts/revenues calculations. A reasonable determination of the amount of delinquent fees owed each city will not be possible until TXU produces aii of the requested records. Also in some franchises, certain revenue accounts are specifically removed from gross receipts/revenues so DUCT will have to review each city's franchise to determine the amount of delinquent franchise fees owed such city. Should you have any questions, please contact me at the address indicated above, by phone at 214-6514300 or by fax at 214-6514330 or contact Mike Bucek by letter at Bucek & Frank, L.L.P. at 2250 State Hwy. 114 West, Suite 200, Grapevine, Texas 76051, by phone at 817-949-2161 or by fax at 817-906-2043. If you would like copies of the petition and the orders entered in the Denton case, please contact us. Sincerely you id J. LaBrec DJL/hdb enclosures cc: Attorneys for the Cities 6o9aza.vsPoiszav9ioioiios�sa000 �� �� � �', �'' Tariff for Electric Service TXU Electric Company 2.0 Clbea and C:Ount10S Served Applicable: Entire Syetem Effective 031n: June 14, 1999 �e��sior T 2.1 C I QF ADb tt Celina Farmers 8rancin Ackerty Centerville Fate Addison Chandler Ferris 361600 Chtca F}orence Ailen Chiron Flower Mound Alma Ctarkavills Forest Hili Alvarado Cleburne Fomey Forsan A, Arw. . r•"*r%%q Hill Fat Worth Angus t.aAelnnile Frisco Anna CoiiinsviWe Frast Annena Colorado City Gainesville Annetta North CornarwXle Garland Annetta South Comriwrce Garrett Annona Como Gowuetown Appleby Cad Gholeon Ardtier Gty Cooper Glenn Heights ArqOe Coppep Godley Arlington Copperas Cove Gdlnda Athens Comm Goodie'" Aurora Corsicana Gonna n Austin Crandan Grarord Azle Crane Graham Balch Springs Crockett Grand Prairie Bangs Crmaroads Grandrtlte Sardwell Crowley Grandview Barn Cumby Granger Bartlett Cushing Grapeland Bedford Daltae Grapevine Bellevue Dalwathingtnn Gardens Gun Barrell City Boilmead Oawson Gunter 30113 Dean Haltom City Belton Oec:t ur Harker Heights aenbrook DeLeon Haslet Beverly Hot, Dentsen Heath Big Spring Donlon Hebron Blanket DeSoho Henrietta alcoming Grove Diboll Hewitt Blue Mmnd Dow City Hickory Creek Bonham Dorchester HIghU" Park Boyd Dublin Hillsboro Bredcenndge Duncanville Holland Bridgeport HolUd Brownaboro Eastiond Honey rsGreve Bro nwood ecur Kaws Brucavilior Eddy EdgecO Hubbatd Suc holt■ Edpewood Hudson buftlo Edam Hudson Oaks Burkburrrett EAcbra Huntington Burke Ei4kl Hurst Burleson ElidtaR Hutcmmd Caum E"OKo Hutto ddw.rao Moe Enchanted Oaks Iowa Park min Caeron Ennis Irving C3ntpbeti Euless Ibjy Caney City Eureka it�ca Canton Eustace Jack�boro Carom Everw4n Dewed Carroiltoon Fsh%lew (Col(in Co.) Cedar Hill Fairview (Wise Co.) m1996 tXU Electric Company Cities and CounGee Se�•�:: Tariff for electric Service TXU Electric Company 2.v Cities and Counties Served applicable: Enbre System ? Effactiva Cate: June 14. 1999 Revision: ' Jolty Josepnine Joshua Juatln Kaufman Keene Kellar Kemp Kennedale Karen Killeen KnclhvL*d Krum Lacy -Lakeview Ladonia Lake Bridgeport Lake Daltas Lesko Worth Village Lakeside Lakeside City Lamesa Lancaster Lataxo "Von Leona Lissy Lindalo Undsay Upan Utdo River Academy L ..nine Lurena Lovelady Lowry Crossing Lugo LuNin Mabank MalekoR Macon* Manafleld Marquez Marshall Creak Maypean McGregor Mmnney McLanden-Chisharn Melissa Monona Mosquito Midland Midkzthlan Mliano Mildred Milford Mlllaap Mineral Wets MOW* City Monanans Moody Mor an'a Pdnt ttea it Mount Calm Muenster Murchison Murphy Mustang Total Number or Gilles �t999 TXU HleceiC Company 370 Nacogdocnes Navarro Nevada New Chapel Nlil Newark Neyfandville Ndanville Noonday Northlaks North RScnland Nlits Q'Donnell Oak Valley task Leaf Qak Point Oak Grove glesby alestIne almor antwo aradise aft ayne Springs mmn Cap ocan Hill nelope lano issunt Valley of cist Oak Und maw luinlan kavenna ked oynor Rhamd RICO RJettland RKW .. Robinison Rockdale Rooccia Rosw Roum Rock ROVAeft Raxton R*y" City RUMaW%y Bay Sac}+ya Sadler Saginaw om Park Village Savoy Seagoville Shady Shores Sharman Snydor Southlake Southmayd Sprinptawn SL raui Stanton Stephenville Stnsettnan Sulphur Spriny7, e Sunnyvale Sunset 5vreetvratar Taylor Temple Teme11 Tne Colony Thomdaee Thomtonvllie Thrail Tires Tool Trinldad Trophy Club Tory Tyler University Park Valley View van Van Atstyne Vanua W rw Wat:upa Wes exhachie Weatherrvd Web Wells West Wsottm Weotcver bills Westworth WT�itsho " Wt11ts Settlement Wtchlta Falls W1CKett WINOW Parts Wino Point Wilmer Windom Wink wOft city Woodway Yoe Yants 7avalle Gtfea and Countlal Ser �••: . Bucek & Frank, L.L.P. Attorneys at Law 2250 State Hwy. 114 West, Suite 200 Grapevine, Texas 76051 Phone: (817) 949-2161 Fax: (817)906-2043 August 29, 2000 TO: CITY MANAGERS OF CITIES THAT ARE INTERESTED IN JOINING THE "STEERING COMMITTEE OF CITIES PARTICIPATING IN THE TXU FRANCHISE LITIGATION" FROM: Mike Bucek N On August 18, 2000 our firm in cooperation with Strasburger &Price, L.L.P. forwarded to approximately 150 cities in the TXU Service Area a packet of information regarding the formation of the above Steering Committee. We have received numerous calls regarding such letter and so we are proceeding with the next step in the formation of the Steering Committee. We have scheduled two meetings that Mayors, Councilmembers, City Managers, City Attorneys and City Staff may attend to ask questions regarding the issues in this case. Mr. Dan Lawton of Diversified Utility Consultants, Inc. (DUCI) will be available to respond to questions concerning the revenue accounts that were not included in gross receipts by TXU in determining Denton's franchise fees. Dan testified in the HL&P case and can share with us the similarities in the HL&P and Denton cases. David LaBrec with Strasburger and Price, L.L.P. and I will be present to respond to legal issues that city attorneys or city representatives may need answered. The meetings are scheduled as follows: September 20, 2000---1:00 p.m. to 3:00 p.m. September 29, 2000---10:00 a.m. North Central Texas Council of Governments Texas Municipal League 616 Six Flags Drive, Centerpoint Two 1821 Rutherford Lane Arlington, Texas Austin, Texas Each city that passes the appropriate resolution/ordinance to participate in this litigation by October 203 2000 will have its nominee's name for one of the Officers of the Steering Committee placed on the ballot for distribution to the cities. We hope to distribute such ballot to the cities for the casting of votes by the end of October. Upon the tabulation of votes, the City of Denton ceases its role of coordinating the litigation and becomes the Treasurer of the Steering Committee. The two or four nominees (depending on the number of cities participating) with the most votes cast become the remaining officers of the Steering Committee, The Officers of the Steering Committee will thereafter coordinate the litigation effort. Should you have any questions please give me a call or David LaBrec at 214-651-4752. August 31, 2000 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary The Chamber has requested to close streets as in previous years for the Sanger Sellabration. Attached is a map showing the area they are requesting to be closed. { ERNON CT � _D � � C7 p ARMEN CT m :ATON o 0 0 n z � 8< � f m'I z FREESE m � � `� � OAK z � COLONIA HEI HTS .6T T EI m � � � 5 ST EI cn z� "' THIRD ST. n r � c o c � RAILROAD AVE, --i 0 0 p �z m m m m Vo 0 F+ A O O 7 ? rn r�� s •� i 1� � � 10i" S EET r"S REE cDi � - 8TM REET � Q _ __ "D 6r" REET ° H • �" ST ET � ° a �,: m 4r" REET a z z RD T o REET .�._._..1. _�_,_..�_._._....._..�._._ MARION ROAD •,, W m O D Di z y H � x x METZ ROAD O r D m ao -�f O t� m r- O yi7 O 0 r 0 37 O D ^^z M/ Uri 00 v N .p T0: Jack Smith, City Manager FROM: Jeff Morris, Electric Superintendent DATE: August 31, 2000 SUBJECT: I-35 Line Construction and Reconductor Job I would like to seek the City Council's approval to go out for bids for the line construction and reconductor job on I-35. This will be paid for by the grant that the city is seeking for the Walmart project. August 315 2000 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary GNB needs this resolution, as with all of our loans. This is for the F350 truck in the Electric Department. RESOLUTION #09-21-00 A RESOLUTION OF THE CITY COUNCH. OF THE CTI'Y OF SANGER, DENTON COUNTY, TEXAS, AUTHORIZING THE FINANCING OF FUNDS; WHEREAS, Section 101.005 of the Local Government Code provides that the governing body of a city such as Sanger may borrow money based upon it's own credit; WHEREAS, Guaranty National Bank of Sanger, the City's Depository, has agreed to 51na"Pa 400 ��� nn• WHEREAS, terms of the Loan shall be as follows: Initial interest rate shall be 6.'7%. Interest rate shall vary, and shall not exceed Wall Street Journal Prime minus 2.8% NOW, BE IT TI3EREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: 1. Mayor Tommy Kincaid is hereby authorized to sign the documents necessary to execute this transaction; and 2. All funds borrowed from Guaranty National Bank shall be due and payable as provided by the terms of the Promissory Note. '• 1 "'1 1 • 1 1i' 1 i• 1• I � Ii1 Andy Garza, Councilman Joe Higgs, Councilman Glenn Ervin, Councilman ATTEST. Rosalie Chavez, City Secretary Tommy Kincaid, Mayor Craig Waggoner, Councilman Carroll McNeill, Councilman i Glenn Ervin Andy Garza .InP Hiaas Carroll McNeill From: Jack Smith Mr. Lanier- lines at �04 N. 10�' Street. Earlier in the year Mr. Lanier had a private plumber come- to -his house to clean the sewer line, each time it was on the City's side. As you know TML insurance cites the "Tort Act" which exempts cities from liability for sewer blockage. However, the City has since had to replace the line in front of Mr. Lanier's house, so I feel that there is an obligation to him for the expense- he has suffered. Mr. Lanier paid $ 65.OG each time the plumber came out for a total of $ 1950002 -1-