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09/21/1998-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, SEPTEMBER 21, 1998 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes -September 89 1998 b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action to Appoint a Mayor Pro-Tem. 5. Consider and Possible Action on Sale of Bulk Water. 6. Consider and Possible Action on Resolution R12-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Industrial Development Corporation". 7. Consider and Possible Action on Resolution R13-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Texas Development Corporation". 8. Consider and Possible Action to Adopt Fiscal Year 1998/1999 Budget -Ordinance No.07-98. 9. Consider and Possible Action to Adopt Ordinance No.08-98 -Adopting Tax Rate. 10. Consider and Possible Action on Adoption of Ordinance No.09-98 Ammending Water Rates. 11. Consider and Possible Action on Adoption of Ordinance No.10-98 Ammending Sanitation Rates. 12. Consider and Possible Action to Adopt Resolution Noll-09-98 to Set Date and Time and Place for Public Hearings on Proposed Annexation. 13. Conduct Public Hearing to Consider a Final Replat of Property Legally Described as Lot 11R-1, and Lot 11R-2. Block A., Lakecrest Meadows, Phase 1. 14. Consider and Possible Action Regarding Final Replat of Property Legally Described as Lot 11R-1, and Lot 11R-2. Block A., Lakecrest Meadows, Phase 1. 15. Consider and Possible Action Regarding Final Approval and Payment for Cherokee Painting -Acker St. Tank Repainting. 16. Consider and Possible Action on Interlocal Cooperation Agreement -Library With Denton County 17. Consider and Possible Action on Interlocal Cooperation Agreement - Fire With Denton County, 18. Discuss Proposal from Duncan Disposal. 19. Any Other Such Matters. 20. Adjourn. R salie Chavez, City Sefretary f /7 ®OIL) Date and Time Posted `n� t 3�1 nn"9 `•. n This facitlity is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL SEPTEMBER 8, 1998 PRESENT: Mayor Tommy Kincaid, Councilman McNeill, Councilwoman Madden, Councilman James, Councilman Ervin, Councilman Jenkins OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Administrative Secretary Samantha Renz, Water/wastewater Superintendent Eddie Branham, Electric Superintendent Jeff Morris, Streets Superintendent Chuck Tucker, Chief of Police Benny Erwin, Woodrow Barton, John W. Coker, Shelley Ruland 1. Mayor Tommy Kincaid Called Meeting to Order and led Invocation, Councilman Jenkins led Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes -August 10, 1998 Workshop, August 17, 1998, August 20, 1998 Workshop, August 24, 1998, August 31, 1998. b) Disbursements Councilman Jenkins moved to approve consent agenda with exception of one change on the August 24 minutes, on page 19, they did not agree to bring Librarian and City Mechanic up to Department Head Salaries by giving them half this year and half next year, they discussed and agreed they would give them a salary increase. Seconded by Councilman Ervin. Motion Carried Unanimously. Councilman McNeill indicated he would like to see more detail on the disbursement descriptions. Council agreed more detail on disbursements would be helpful. 4. Conduct Public Hearing on Tax Increase; Tax Rate. Public Hearing opened Schedule and Announce M eeting to Adopt Woodrow Barton, 807 N. 7th St., indicated as he understood the budgeted revenues for the city had increased over $500,000 over the previous budget year. He indicated the City would end up with about $150,000 surplus. He indicated it looked to him the City would have more revenues than budgeted. Public Hearing Closed. Councilman James moved to schedule the Meeting to Adopt Tax Rate on Monday September 21, 1998 at 7:00. Seconded by Councilman McNeill. Motion Carried Unanimously. 5. Citizen's Input. Discussion on selling bulk water to Colorstar. Woodrow Barton indicated he had seen a truck delivering water to the company. Eddie Branum indicated he had installed a meter, and the company was buying approximately 10,000 gallons a day. The company was pumping in water, their tanks were dry and they needed water. Discussion on when Colorstar started buying water. Council Jenkins indicated he wanted the sale of bulk water on the next agenda as an item of discussion. Mayor Kincaid indicated they needed to put on the next agenda to elect aMayor-Pro Tem. 6. Mayor Tommy Kincaid Presented Plaque to Ex -Mayor John Coker on behalf of the City Council of the City of Sanger. 7. Consider and Possible Action on Interlocal Agreement For Ambulance Service Between the City of Denton and the City of Sanger. Councilman James addressed City Council on this Item. He indicated he did not understand what this agreement was for, and asked for some explanation. City Administrator, Jack Smith, indicated he had done some research, and if the city did not sign the agreement, the city would be without an ambulance service. Councilman Jenkins indicated it was his opinion it was not feasible for the City of Sanger to have an ambulance Service, and it would be beneficial to the city to have this agreement. Mayor Kincaid indicated a private ambulance would cost considerably more. City Administrator Jack Smith asked at what point would the Council say Sanger will be self sufficient, and be able to take care of their own. Council discussed ambulance agreement and now somewhere in time, increased population would result in it being necessary for the City of Sanger to have their own ambulance service. Councilman James indicated the City's fire fighting equipment should be used inside the city limits. He indicated Denton County needed Sanger to help fight fire's outside of the city limits, the same as the City of Sanger needed their ambulance service, and asked if that was taken into consideration. Jeff Morris indicated each time they are paged out, the City of Denton will pay $250 as of October 1, 1998, and he has asked for an increase. Jeff Morris indicated the County paid $385.00 on a County run, this is where they make money, this is guaranteed money. Discussion on growth in Denton County and eventually Denton County getting out of the agreement with Sanger. Discussion on Pilot Point's ambulance service. Discussion on volunteer ambulance service. Councilman McNeill indicated the staff recommended adopting option 2. Discussion. Councilman Jenkins moved to accept Interlocal Agreement For Ambulance Service Between the City of Denton and the City of Sanger -Option 2. Seconded by Councilman McNeill. Motion Carried Unanimously. 8. Consider and Possible Action on Resolution Approving The Fiscal Year 1999 Financial Plan of the Denco Area 9-1-1 District. Councilman James moved to approve Resolution R10-09-98 Approving The Fiscal Year 1999 Financial Plan of the Denco Area 9-1-1 District. Seconded by Councilman Ervin. Motion Carried Unanimously. 9. Appointments to 4A & 4B Boards. Mayor Kincaid read aloud votes by council members. Appointments to 4A Corporation: Frank Ballard Joe Skiles Mike James Carroll McNeill Garland Thornton Woodrow Barton had questions and concerns on 4B sales tax. Councilman Jenkins explained how this money could be spent. Council discussed flexibility of funds. City Administrator indicated 4B funds can be spent on anything as long as a public hearing is held. Appointments to 4B Corporation: Nel Armstrong Beverly Branch Beverly Howard Terry Jones Chuck Tucker Woodrow Barton Steve Hollingsworth Councilman James moved to accept appointments as presented. Seconded by Councilman Jenkins. Motion Carried Unanimously. Discussion on the appointments. Councilman Jenkins indicated they should encourage people to participate on these boards to get these corporations started. 10. Any Other Such Matters. a). Councilman Ervin indicated he would like to know what the ordinance says on high weeds. He indicated there were a lot of high weeds on John Porter's properties and other properties. Discussed contacting property owners to take care of the high weeds. b). Councilman Ervin also indicated there were tree limbs building up on the other side of the railroad tracks. Discussion on cleaning up the area. 11. Meeting Adjourned. 9-17®98 IIN33 AM A/P PAYMENT REPORT PAGE: 1 'ENDOR SETv 99- BANK; VENDOR SEQUENCE VENDOR ITEM N04 DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-00250 AMERICAN SAFETY UTILITI' INV 1143599 GATORADE GNB99 R 9/22/98 109,93 109493CR G/L ACCOUNT AMOUNT 109.93 008 58-5245 109.93 GATORADE VENDOR TOTALS REG. CHECK 109.93 109.93CR 0300 109.93 0, 00 99-00270 ANIMAL HOSPITAL INV 2253 EUTHANASIA GNB99 R 9/22/98 48.50 48,50CR G/L ACCOUNT AMOUNT 48,50 001 22-5248 48.50 EUTHANASIA VENDOR TOTALS REG. CHECK 48.50 48.5OCR 0,00 48.50 0.00 J�-00280 AT�T NIRELES5 INV 980917PA LONG DISTANCE - MOBILE GNB99 R 9/22/98 45.81 45.81CR G/L ACCOUNT AMOUNT 4181 001 15-5510 22.91 LONG DISTANCE ® MOBILE 008 15-5510 22.90 LONG DISTANCE - MOBILE VENDOR TOTALS REG, CHECK 45.81 45.81CR 0.00 45.81 0.00 INV 50063 5ERUICE CALL GNB99 R 9/22/98 40.00 40,00CR G/L ACCOUNT flMOUNT �+0.00 001 20-5311 4100 SERVICE CALL VENDOR TOTALS REG. CHECK, 40.00 40,00CR 0.00 40.00 0.00 W03100 BSN SPORTS INV 935913 TENNIS NET & POSTS GNB99 R 9/22/98 272.1G 272,16CR G/L ACCOUNT AMOUNT 272.16 001 32-5311 272,16 TENNIS NET & POSTS VENDOR TOTALS REG, CHECK 272.1G 272ul6CR 0.00 272,15 0.00 9-17-98 11:33 AN A/P PAYMENT REPORT 'ENDOR SET; 99® BANKS VENDOR SEQUENCE VENDOR ITEM NOD DESCRIPTION BANK CHECK STAT DUE DT DISC DT INU 7946 CLEANING SUPPLIES GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 001 40-5245 123.30 CLEANING SUPPLIES VENDOR TOTALS REG, CHECK 9940570 CHEMCO INV 160899 GIANT DEODORANT BLOCK GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 008 50-5223 181.40 GIANT DEODORANT BLOCK VENDOR TOTALS REG. CHECK �9-04590 CHIEF SUPPLY CORP. INV 10181934 BARRICADE TAPE G/L ACCOUNT AMOUNT 001 20-5245 VENDOR TOTALS INV 08572023 UNIFORMS G/I_ ACCOUNT AMOUNT 001 36®5265 008 36-5265 VENDOR TOTALS GNB99 R 9/22/98 75.71 BARRICADE TAPE REG. CHECK GNB99 27,30 UNIFORMS 27.30 UNIFORMS REG. CHECK 99®00590 CITY OF DENTON INV 9809170R BACTERIOLOGICAL TESTING GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 008 54-5270 105.00 BACTERIOLOGICAL TESTING VENDOR TOTALS REG. CHECK 123.30 123.30 123®30 123.30 181.40 40 75.71 75.7i 75.7i 75.71 54.60 54.60 i23.30CR 75.71CR r: F PAGE; 2 r r., 9-17-98 11:33 AM 'ENDOR SET: 99- BANK: VENDOR ITEM NOR 99-00600 CITY OF BANGER INV UNFPY909 UNIFORMS G/L ACCOUNT AMOUNT 008 00-2111 VENDOR TOTALS 99-03730 COLLIN CO. COMM. COLLEGE INV 6152 COLLIN CO. COMM, COLLEGE G/L ACCOUNT AMOUNT 001 20-5240 001 20®5240 VENDOR TOTALS 99-03320 COLONIAL LIFE INSURANCE INV COLPY909 HEALTH INSURANCE G/L ACCOUNT AMOUNT 001 00 2109 008 00-2109 INV LIFPY909 LIFE INSURANCE G/L ACCOUNT AMOUNT 001 00-2109 008 00-2109 INV LIFPY911 LIFE INSURANCE G/L ACCOUNT AMOUNT 008 00-2109 VENDOR TOTALS 99-00640 COMMERIC%AL SERVICES INV 51787 ICE MAKER G/L ACCOUNT AMOUNT 008 58-5310 VENDOR TOTALS A/P PAYMENT REPORT PAGEo 3 VENDOR SEDUENCE BA4K CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT GNB99 R 9/00/98 62.64 62.64CR 62,64 62.64 UNIFORMS REG. CHECK 62.64 G2.64CR 0.00 62.64 0. GG GNB99 R 9/22/98 100.00 i00.00CR 100.00 50.00 AMYX, POWELL 50.00 THORNE, LEHOTSKY REG. CHECK 100.00 100.00CR 0.00 100.00 0.00 GNB99 R 9/30/98 52.42 52.42CR 52.4"c 27.29 HEALTH INSURANCE 25.13 HEALTH INSURANCE GNB99 R 9/30/98 87.97 87.97CR 87.97 22.06 LIFE INSURANCE 65.91 LIFE INSURANCE GNB99 R 9/30/98 16.82 l6.82CR 16.82 16.82 LIFE INSURANCE REG, CHECK 157.2i 157421CR 0.00 157.21 0.00 GNB99 R 9/22/98 100.00 100.00CR 100.00 100.00 ICE MAKER REG. CHECK 100.00 100.00CR 0.00 100.00 0.00 s 9-17-98 11:33 AM ENDOR SET: 99- BANKS VENDOR ITEM N04 99600050 CONLEY SAND &GRAVEL INV 9809170U FLEX/BASE G/L ACCOUNT AMOUNT 008 W5360 VENDOR TOTALS 99-00650 CONT%MENTAL RESEARCH CORP INV 14854 ALGAE EXTRA G/L ACCOUNT AMOUNT 001 34-5223 VENDOR TOTALS �9-00740 DCAD INV 2328 AkinimanuiRom VENDOR SEDUENCE BANK CHECK STAT DUE DT DISC DT GN899 475.82 FLEX/BASE REG. CHECK GN899 519,50 ALGAE EXTRA REG, CHECK R 9/22/98 4TH OTR. ALLOCATION GN899 R 9/22/98 G/L ACCOUNT AMOUNT 001 60-5420 11120,13 4TH QTR. ALLOCATION VENDOR TOTALS REG, CHECK 99-00930 ENDERBY GAS COMPANY INV 103003 PROPANE G/L ACCOUNT AMOUNT 001 36-5320 008 36®5320 VENDOR TOTALS 99-01020 G&G TRACTOR CO. INV 25350 MUFFLER, FUEL CAP 011899 R 9/22/98 G/L ACCOUNT AMOUNT 001 30-5325 221.88 MUFFLER, FUEL GAP VENDOR TOTALS REG. CHECK �M) NCE DISCOUNT 475.82 475.82CR 475.82 475.82 475.82CR 0.00 475.82 0.00 519,50 519.50CR 0,00 519.50 0,00 1,120.13 1,120.13CR 1, i20. l3 1,120.13 1,120.13CR 0.00 1,120.13 0,00 31.50 3%.50CR 31.50 3i.50 31.50GR 0.00 31.50 0.00 t �4 221.88 221.88CR 0.00 221.88 0.00 9-17-98 11:33 AM 'ENDpR SET: 99- �ANK: VENDOR ITEM NOS r"_ ' � ! INU 52443113 DIRECTIONAL 5TRd8E G/L ACCOUNT AMOUNT A®1 2d-5325 VENDOR TOTALS 99-D119D GOODYEAR NHOLESALE TIRE INU G9E397 TIRES G/L ACCOUNT AMOUNT dal 28-5325 VENDOR TOTALS VENDOR SE@UENCE DANK CHECK STAT DUE DT DISC DT GND99 R 9/22/98 55.48 DIRECTIONAL STRODE REG. CHECK GNB99 174,72 TIRES REG. CHOCK R 9/22/98 l9-G4570 HA5TING5 INU 98d917PE DOdKS � AUDIO TAPE GND99 R 9/22/98 G/L ACCOUNT AMOUNT G01 42-6G5G 323,d2 DOdK5 � AUDId TAPE VENDOR TOTALS REG. CHECK �' � 4 INU 4G59 DACKUP AND PRINTING PRODLEMS GND99 R 9/22/98 G!L ACCOUNT RMOUNT �di 25-5335 9d.RD BACKUP AND PRINTING PRODLEMS VENDOR TOTRLS REG. CHECK 99-G122R INCODE INU 9771 SUPPORT G/L ACCd1_►NT AMOUNT DGi 15-542G DG8 15-542G VENDOR TOTAi_S R 9/22/98 55.48 S5.48 174.72 174, 72 174.72 174.72 323. G2 323. d2 323.D2 323.d2 ■ � 75.80 75.R0 r r t� 174.72CR 323.A2CR j, f� t FAR �:T rt d, Gd r�, r 000��0 9-17-98 11:33 AN ENDOR SET: 99- BANK: VENDOR ITEM NO# nufflOmmili UENDOR SEQUENCE BANK CHECK STAT DUE DT DISC DT INU AUG. GA50LINE GNB99 G/L ACCOUNT AMOUNT 001 20-5320 764.74 001 24®5320 291.64 0@8 50-5320 328.33 008 52-5320 62.59 001 30-5320 183.63 008 58-5320 214.46 001 32-5320 183.62 VENDOR TOTALS REG, CHECK 99-01480 LAURA'S LOCKSMITH INV 40113 CHANGE COMBINATION @ F.D. G/L ACCOUNT AMOUNT 001 24-5310 VENDOR TOTALS 99-0i810 MARK MURDOCK INV 26149 PULLER, INSTALLER, WRENCH G/L ACCOUNT AMOUNT 001 36-5375 008 36-5375 VENDOR TOTALS GNB99 R 9/22/98 60.50 CHANGE COMBINATION @ F.D. REG. CHECK GNB99 R 9/22/98 49.48 PULLER, INSTALLER, WRENCH 49.47 PULLER, INSTALLER, WRENCH REG. CHECK 99-01880 NEIMflN &BARNE5 INV 9809170V NEIMAN & BAR GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 001 26-5425 500.00 MUNICIPAL COURT 001 15®5425 112.50 LEGAL RESEARCH 008 15-5425 112.50 NEIMAN & BARNES VENDOR TOTALS REG. CHECK r_+ r rN 0 9 2,029.01 2, 029.01 w 98.95CR PAGE: 6 [4�i7 P ., 9-17-98 11:33 AN A/P PAYMENT REPORT PAGE: 7 'ENDOR SET: 99— AANKo 99-04580 ORIGIN INV 43871 BOOK G/L ACCOUNT 001 42-6050 ,�. GNB99 R AMOUNT 74.28 BOOK 99-00130 PACIFIC CARE INV INSPY909 HEALTH INSURANCE GNB99 R G/L ACCOUNT AMOUNT 001 00-2109 250.50 HEALTH INSURANCE 001 15-5150 68.97 HEALTH INSURANCE 001 20-5150 965.51 HEALTH INSURANCE 001 26-5150 137.93 HEALTH INSURANCE 001 32-5150 689.65 HEALTH INSURANCE 001 36-5150 68.97 HEALTH INSURANCE 001 42-5150 275.86 HEALTH INSURANCE 008 00-2109 426.18 HEALTH INSURANCE 008 15-5150 206.89 HEALTH INSURANCE 008 19-5150 275.86 HEALTH INSURANCE 008 36-5150 68.96 HEALTH INSURANCE 008 50-5150 413.79 HEALTH INSURANCE 008 54-5150 137.93 HEALTH INSURANCE 008 58-5150 827.58 HEALTH INSURANCE INV INSPY911 HEALTH INSURANCE 6NB99 R G/L ACCOUNT AMOUNT 008 00-2109 117.12 HEALTH INSURANCE 008 19-5150 137.93 HEALTH INSURANCE INV INSPYCOR HEALTH INSURANCE GNB99 R G/LACCOUNT AMOUNT 001 32-5150 137m93 HEALTH INSURANCE 008 50-5150 137.93 HEALTH INSURANCE VENDOR TOTALS REG. CHECK 99-03910 PURVIS BEARING SERVICE INV 9809170T BELTS GNB99 R G/L ACCOUNT AMOUNT 001 32-5311 35.62 BELTS 9/30/98 M�. ILA 74.28 74.28 4, 814.58 4.58 5, 345.49 5,345.49 35.62 35.62 r 5,345.49CR 0.00 35.62CR 9-17-98 11c33 AM ENDOR SET# 99— SANK; VENDOR ITEM NOR �i 99-02140 RADIO SHACK INV 980917PC BATTERY G/L ACCOUNT AMOUNT 001 40-5245 INV 980917PD PHONE FOR SR. CENTER G/L ACCOUNT AMOUNT 001 W5245 INV 980917PF MOUSE G/L ACCOUNT AMOUNT 001 15-5245 008 15-5245 VENDOR TOTALS 99-02220 ROSEN PREVIE4� PROGRAM INV 37104508 BOOKS G/L ACCOUNT AMOUNT 001 424050 VENDOR TOTALS 99-02250 S&S RUTOMOTIVE INV 139GO CURVED RAD, HOSE G/L ACCOUNT AMOUNT 001 24-5325 INV 14115 FUEL FILTER G/L ACCOUNT AMOUNT 001 24-5325 VENDOR TOTALS A/P PAYMENT REPORT FAGS: 8 VENDOR SEPUENCE BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT REG. CHECK 35,62 35,62CR 0.00 35.62 0,00 GNB99 R 9/22/98 9,99 9.99CR 9, 99 9,99 BATTERY GNB99 R 9/22/98 39.99 39.99CR 39.99 39.99 PHONE FOR SR, CENTER GNB99 R 9/22/98 19499 19,99CR 19, 99 i0.00 MOUSE 9,99 MOUSE REG, CHECK 69,97 69,97CR 0000 69,97 0,00 GNB99 R 9l22/98 117.77 117.77CR 11.7.77 117377 BOOKS REG, CHECK 117,77 117,77CR 0000 117.77 0.00 GNB99 R 9/22/98 14.76 i4.76CR 14.76 14.76 CURVED RAD. HOSE GNB99 R 9/22/98 11.,62 11,62CR 11,62 11.62 FUEL FILTER REG. CHECK 26,38 26,38CR 0400 26,38 0,00 9�17®98 11033 AM A/P PAYMENT REPORT PAGE: 9 ENDOR SET: 99— AANKa VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99®02260 S&S TELEMETRY INV 1317 MODEM, ADAPTER, LABOR GNB99 R 9/22/98 309,98 309,98CR G/L ACCOUNT AMOUNT 309,98 008 50-5360 309.98 MODEM, ADAPTER, LABOR VENDOR TOTALS REG, CHECK 309,98 301 98CR 0.00 309.98 0.00 99-02300 SANGER COURIER INV 9903 AD 8/20 — 8/27 GNB99 R 9/22/98 25,00 25o00CR G/L ACCOUNT AMOUNT 2100 008 58-5450 25.00 AD 8/20 — 8/27 VENDOR TOTALS REG, CHECK 25400 25.00CR 0400 25000 0.00 3912310 SANGER DRUG STORE INV 98091709 FILM DEVELOPMENT GNB99 R 9/22/98 5,31 5e31CR G/L ACCOUNT AMOUNT 5.31 001 20�5245 5,31 FILM DEVELOPMENT VENDOR TOTALS REG, CHECK 5.31 5o3lCR 0000 5, 31 0400 99-02330 SANGER OFFICE SUPPLY INV 00199 ENVELOPES GNB99 R 9/22/98 1.04 1.04CR G/L ACCOUNT AMOUNT 1,04 001 15-5245 0.52 ENVELOPES 008 15-5245 0,52 ENVELOPES VENDOR TOTALS REG, CHECK 10 44 ,'�04CR 0200 99®02230 SARGENT—SONELL, INC, INV 5790810 RED ENAMEL PAINT GNB99 R 9/22/98 19185 199.85CR G/L ACCOUNT AMOUNT 19185 001 24-5360 199.85 RED ENAMEL PAINT VENDOR TOTALS REG. CHECK 199,85 199.85CR 0400 9.99.85 0.00 9-17-98 11:33 AM ,ENDOR SET: 99— BANKn VENDOR ITEM NO# 99-02400 SMITH'S INV 051242 SILICONE G/L ACCOUNT AMOUNT 008 54-5329 INV 051353 051353 G/L ACCOUNT AMOUNT 008 584020 INV 051356 051356,051247 G/L ACCOUNT AMOUNT 001 30-5360 INV 051359 SNAPS G/L ACCOUNT AMOUNT 001 32-5360 VENDOR TOTALS r 1� A/P PAYMENT REPORT VENDOR SE@UENCE BANK CHECK STAT DUE DT DISC DT GtdB99 R 9/22I98 2.99 SILICONE GNB99 R 9/22/98 1.29 SMITH'S GNB99 R 9/22/98 14.53 051356,051247 GNB99 R 9/22/98 11.16 SNAPS REG, CHECK INV 00078437 00078437,00078438 GNB99 R 9/22/98 G/L ACCOUNT AMO�JNT 008 58-5365 59580.00 00078437,00078438 VENDOR TOTALS REG. CHECK 99-02480 SPRINT INV 9809170W LONG DISTANCE G/L ACCOUNT 001 15-5510 008 15-5510 008 50-5510 INV 9809170Y SPRINT G/L ACCOUNT 001 15-5510 001 24 5510 001 20--5510 008 15-5510 008 50-5510 001 36-5510 GNB99 R 9/22/98 AMOUNT 7.43 LONG DISTANCE 7.43 LONG DISTANCE 15.78 LONG DISTANCE GNB99 R 9/22/98 AMOUNT 147.31 LONG DISTANCE 2.25 LONG DISTANCE G1.72 LONG DISTANCE 147.29 LONG DISTANCE 112.30 LONG DISTANCE 1.07 LONG DISTANCE 14.53 14.53 29.97 29.97 30.64 30n f�4 1.29CR 14.53CR 11.i6CR 29.97CR 0.00 s� r 30.64CR 9®17-98 11:33 AN ENDOR SET: 99— BANK: VENDOR ITEM NOO DESCRIPTION 008 36®5510 008 58-5510 VENDOR TOTALS lNiffluldslam VENDOR SEQUENCE BANK CHECK STAT DUE DT DISC DT 1.07 LONG DISTANCE 2.06 LONG DISTANCE REG. CHECK 99-02490 SPRINT — CENTEL INV 9809170Z TELEPHONE SERVICE GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 001 15-5510 236.30 PHONES 001 66-5510 21 56 PHONES 0101 245510 790l0 PHONES 001 W5510 3Go90 PHONES 001 42-5510 106.96 PHONES 001 40-5510 37.38 PHONES 001 34-5510 34,60 PHONES 008 15-5510 236.30 PHONES 008 50-5510 17.31 PHONES 008 36-5510 78.16 PHONES 008 54-5510 67.19 PHONES VENDOR TOTALS REG, CHECK INV 69996 69996,70090 GNB99 R 9/22/98 G/I_ ACCOUNT AMOUNT 008 584020 5,522.40 69996170090 VENDOR TOTALS REG, CHECK 99-02730 TEXAS METER &DEVICE INV 12693 RUBBER GLOVES, FRT. G/L ACCOUNT AMOUNT 008 58-5260 INV 12700 METERS G/L ACCOUNT AMOUNT 008 58-6020 VENDOR TOTALS GNB99 R 9/22/98 110.G8 RUBBER GLOVES, FRT. GNB99 R 9/22198 314.00 METERS REG. CHECK 5, 522.40 5,522.40 5, 522.40 5, 522.40 314.00 314.00 505.71CR 0.00 5,522.40CR 0.00 PAGE: 11 0.00 r r. 917�98 11.33 AM A/P PAYMENT REPORT PAGE: 12 'ENDOR SET: 99� BANKe 99-00100 TMRS INV RETPY909 TMRS G/L ACCOUNT 001 W2105 001 15-5140 001 20®5140 001 26 5140 001 32-5140 001 36®5140 001 42-5140 008 W2105 008 15-5140 008 19-5140 008 36-5140 008 W5140 008 54®5140 008 58-5140 INV RETPY911 TMRS G/L ACCOUNT 008 W2105 008 19-5140 99-03280 U.S. METRO INV 909 VENDOR SE?UENCE BANK CHECK STAT DUE DT DISC DT GNB99 AMOUNT 801.02 TMRS 32.79 TMRS 344.13 TMRS 27.35 TMRS 164.62 TMRS 22.66 TMRS 6& 48 TMRS 762.84 TMRS 117,31 TMRS 85.64 TMRS 22.66 TMRS 160.63 TMRS 38.92 TMRS 195.80 TMRS GNB99 AMOUNT G/L ACCOUNT AMOUNT 001 00-2105 001 32-5140 008 W2105 008 W5140 008 W5140 VENDOR TOTALS OCTOBER METRO SERVICE G/I_ ACCOUNT AMOUNT 001 15-5510 008 15-5510 h 141.25 TMRS 114.98 TMRS GNB99 0.40 TMRS 0.33 TMRS 2.01 TMRS 1.18 TMRS 0.46 TMRS R 9/30/98 0 GNB99 R 9/22/98 43.00 OCTOBER METRO SERVICE 43.00 OCTOBER METRO SERVICE REG. CHECK 256.23 256.23 4.38 4.38 3, 097.46 3, 097.46 86.00 86.00 2,836.85CR 4.38CR 3,097.46CR 0.00 OUTSTANDING r t� 9-17-98 IIN33 AN A/P PAYMENT REPORT PAGE: 13 'ENDOR SET, 99— BANKS VENDOR ITEM NOD 99-02950 UFRNER CHEMICAL INU 9518 FIRE ANT KILLER G/L ACCOUNT AMOUNT 001 32-5223 REG. CHEGIi 99®02970 VIKING OFF%CE PRODUCTS INU 73292 PACKET COVERS, GREEN BAR GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 001 10-5210 13.37 PACKET COVERS, GREEN BAR 009 W5210 13.37 PACKET COVERS, GREEN BAR 009 19®5210 374.53 PACKET COVERS, GREEN BAR INV 840310 RIBBONS— CALCULATOR,LABEL MACH GNB99 R 9/22/98 G/L ACCOUNT AMOUNT 001 10®5210 80,70 RIBBONS-- CALCULATOR,LABEL MACH 008 W5210 B0.70 RIBBONS CALCULATOR,LABEL MACH VENDOR TOTALS REG, CHECK 99-°03010 I�EBB AUTO PARTS INU 10015 FILTERS G/L ACCOUNT AMOUNT 008 58-5245 008 W5245 008 54-5245 001 22-5245 001 30-5245 001 24-5245 001 20®5245 i9�diJ�i1�`is1�„"� 99-03020 HESCO GNB99 R 95 AIR FILTER 16.95 FILTERS 95 FILTERS 95 FILTERS 16.95 FILTERS 1fi.95 FILTERS 94 FILTERS REG. CHECK INU 597283 NISC. SUPPLIES GNB99 R 9/22/98 G/I_ ACCOUNT AMOUNT 008 58—fi020 100.00 MISC. SUPPLIES GROSS BALANCE 401.27 401.27 0 1fi1.40 161.4 5fi2. fi7 5fi2.67 149.00CR 0.00 401.27CR 1fi1, 40CR 5fi2.b7CR 0, 00 i18. fi4CR OUTSTANDING 0.00 li8.fi4CR 0.00 0.00 9-17�98 11033 AM A/P PAYMENT REPORT PAGE: 1% ENDOR SET: 99- BANK: VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION DANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT VENDOR TOTALS REG. CHECK 100400 100,OOCR @moo loom@@ 0.00 9-17-98 110 AM HIP PAYMENT REPORT VENDOR SETn 99— ®_--v__ R F P 0 R T T O T A L S FUND DIDTRIBUTION Fl1ND NO# FUNd fdAME AMOUNT 001 GENERAL FUND ii,191®2ECR 008 ENTERPRISE FUND 19,631.49CR # TOTALS # 30,822.75CR TYPE OF CHECK TOTALS ____ GROSS PAYMENT OUTSTANDING NUMBER BALANCE DISCOUNT HAND CHECKS 0.00 0.00 0,00 0.00 0.00 DRAFTS 0.00 0.00 0800 0.00 0.00 REG—CHECKS 30,822.75 30,822.75CR 0.00 30, 822, 75 0, 00 NON®CHECKS 0600 0.00 0200 0.00 0.00 RLL CHECKS 30,822.75 30,822.75CR 0.00 30,822.75 0.00 TOTAL CHECKS TO PRINT: 51 ERRORS: 0 WARNINGS: 0 APPLICATION FOR AUTHORIZATION AND APPROVAL OF A BEHALF OF THE CITY OF SANGER, TEXAS We, the undersigned natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Sanger, Texas hereby request in writing that the City of Sanger, Texas authorize and approve the creation of a nonprofit industrial development corporation to act on behalf of the City of Sanger, Texas pursuant to the "Development Corporation Act of 1979", with such nonprofit industrial development corporation to be known as "Sanger Industrial Development Corporation." The Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corporation are attached hereto and made a part hereof for all purposes. SIGNED this the day of , 1998. RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT ECONOMIC DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF SANGER, TEXAS. WHEREAS, an application in writing requesting the authorization and approval of the creation of a nonprofit economic development corporation to act on behalf of the City of Sanger, Texas under the provisions of the "Development Corporation Act of 1979" has been filed with the governing body of the City of Sanger, Texas ( being its City Council) by at least three natural persons, each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Sanger, Texas, and WHEREAS, the City of Sanger, Texas is a duly incorporated city under the general laws of the State of Texas. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That, the governing body of the City of Sanger, Texas has found and determined, and hereby finds and determines, that said application is in proper form and that it has been signed by at least three (3) natural persons, each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Sanger, Texas. Section 2. That, the governing body of the City of Sanger, Texas has found and determined, and hereby finds and determines, that it is advisable that a nonprofit economic development corporation be authorized and created, with such nonprofit economic development corporation to be known as the " Sanger Industrial Development Corporation". Section 3. That, the governing body of the City of Sanger, Texas hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit economic development corporation ( copies of which were attached to the above described application and copies of which are attached to this resolution and made a part hereof for all purposes) and hereby grants authority for the incorporation of the nonprofit economic development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appointed, as the initial directors by the governing body of the City of Sanger, Texas. Terms of directors shall be perpetual. Section 4. That, the public purposes of the City of Sanger, Texas which the nonprofit economic development corporation may further on behalf of the City of Sanger, Texas are the promotion and development of commercial, industrial, and manufacturing enterprises, to promote and encourage employment and the public welfare. Section 5. That, the nonprofit economic development corporation is hereby authorized to agree with any person, firm, corporation or other entity to issue bonds, in accordance with and subject to the provisions of the Development Corporation Act of 1979 for the purpose of promotion and development of any commercial, industrial or manufacturing enterprise, and all such agreements are hereby approved. ADOPTED AND APPROVED this day of 11998. Mayor, City of Sanger, Texas ATTEST: City Secretary, City of Sanger, Texas ARTICLES OF INCORPORATION OF THE WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Sanger, Texas, which is a general law city, acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the " Development Corporation Act of 1979" , with the approval of the governing body of the City of Sanger, Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: Article 1 The name of the corporation is the BANGER INDUSTRIAL DEVELOPMENT CORPORATION. Article 2 The Corporation is a nonprofit corporation specifically governed by Section 4A of the Development Corporation Act of 1979 Texas Revised Civil Statutes Annotated Art. 5190.6. Article 3 The period of duration of the Corporation is perpetual. Article 4 The Corporation shall be governed by Section 4A of the Development Corporation Act of 19 79, Article 5190.6, Texas Revised Civil Statutes. The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City of Sanger, Texas, and the specific is organized and may issue bonds on behalf of purposes for which the Corporation the City of Sanger, Texas, for the promotion r)j:i and development of commercial, industrial, and manufacturing enterprises, to promote and encourage employment and the public welfare, pursuant to the Development Corporation Act of 1979. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the City of Sanger, Texas, as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or obligations, or the lending of credit, or a grant of public money or thing of value, of or by the City of Sanger, Texas, or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of faith and credit of any of them. Article 5 The Corporation has no members and is a nonstock corporation. Article 6 These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been included in the Articles of Incorporation in the first instance. Any such amendment shall be effected in either of the following manners: (1) the members of the board of directors of the Corporation shall file with the governing body of the City of Sanger, Texas a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the board of directors of the Corporation may amend the Articles of Incorporation by adopting such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (2) the governing body of the City of Sanger, Texas may, at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, program, or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act of 1979, and subject to any limitation provided by the constitution and laws of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adopting, the dissolution at a meeting of the governing body of the City of Sanger, Texas and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Development Corporation Act of 1979. Article 7 The street address of the initial registered office of the Corporation is 201 Bolivar Street, Sanger, Texas, 76266, and the name of its initial registered agent at such address is Jack L. Smith. Article 8 The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City of Sanger, Texas. The number of directors constituting the initial board of directors is five (5). The names and street addresses of the persons who are to serve as the initial directors are as follows: Directors and Addresses: Frank Ballard 12542 Rector Rd Sanger, Texas 76266 Joe Skiles 400 Bolivar, Suite 301 Sanger, Texas 76266 Mike James 1002 Bolivar Sanger, Texas 76266 Carroll McNeill 701 Denton Sanger, Texas 76266 Garland Thornton 525 Mimosa Drive Denton, Texas 76201 Subsequent to the initial directors and subsequent to the date of the Amendment of this Article 8, the number of directors managing the affairs of the Corporation shall be five (5) and serve at the pleasure of the City Council of the City of Sanger, Texas. Directors are removable by the governing body of the City of Sanger, Texas for cause or at will. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors . Any vacancy occurring on the board of directors through death, resignation, or otherwise, shall be filled by appointment by the governing body of the City of Sanger, Texas, Article 9 The name and address of each incorporator is: 1. Tommy Kincaid 603 Houston Sanger, Texas 76266 2. Jerry Jenkins 2507 Chippewa Sanger, Texas 76266 3. Alice Madden 112 Kathran Drive Sanger, Texas 76266 4. Mike R. James 1002 Bolivar Street Sanger, Texas 76266 5. Glenn Ervin 208 N. 1 Oth Street Sanger, Texas 76266 6. Carroll McNeill 701 Denton Street Sanger, Texas 76266 Article 10 The City of Sanger, Texas has specifically authorized the corporation by Resolution to act on its behalf to further the public purpose or purposes stated in the Resolution and these Articles of Incorporation and the City of Sanger, Texas has by said Resolution approved these Articles of Incorporation. A copy of said Resolution is attached to these Articles of Incorporation and made a part hereof for all purposes. Article 11 No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City of Sanger, Texas. No part of the Corporations activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Article 12 If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Sanger, Texas after satisfaction or provision for satisfaction of debts and claims IN WITNESS THEREOF, we have set our hands, this day of INCORPORATORS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, a notary public, on this day personally appeared known to me to be the persons whose names are subscribed to the foregoing and, being by me duly sworn, severally declared that the statements therein contained are true and correct. Given under my hand and seal of office this day of ,1998. Notary Public, State of Texas My Commission Expires: BYLAWS OF SANGER INDUSTRIAL DEVELOPMENT CORPORATION A NON-PROFIT CORPORATION SANGER9 TEXAS SECTION I OFFICES 1.01 Registered Office and Registered Aaent The corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent, whose office is identical with such registered office, as required by the Texas Development Corporation Act of 1979. The Board of Directors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation. The corporation and the registered office of the corporation are located at 201 Bolivar Street, Sanger, Texas 76266. The registered agent of the corporation at such office shall be the City Administrator of the City of Sanger. 1.02 Principal Office The principal office of the corporation in the State of Texas shall be located in the City of Sanger, County of Denton, and it may be, but need not be, identical with the registered office of the corporation. SECTION H PURPOSES 2.01 Purposes The corporation is incorporated for the purposes set forth in its Articles of Incorporation, the same to be accomplished on behalf of the Sanger Industrial Development Corporation, Texas (the "Corporation") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Article 5190.6. Vernon Ann. Civ. St., as amended (the "Act"), and other applicable laws, and organized under Section 4A of the Act. The purpose of the Sanger Industrial Development Corporation is to promote, assist, and enhance economic development in accordance with the Texas Development Corporation Act of 1979. Any project, as defined by such Act, which shall be undertaken by the corporation, may include in such costs, the maintenance and operating costs of such project. SECTION III 3401 Members The corporation shall have no members or issue any stock. SECTION IV 4.01 Board of Directors The business and affairs of the corporation and all corporate powers shall be exercised by or under authority of the Board of Directors ( the "Board"), appointed by the governing body of the Sanger Industrial Development Corporation, and subject to applicable limitations imposed by the Texas Development Corporation Act of 1979, the Articles of Incorporation, and these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or special power and authority to the officers and employees of the corporation to transact the general business of any special business of the corporation, and may give powers of attorney to agents of the corporation to transact any special business requiring such authorization. 4.02 Number and Qualifications The authorized number of Directors of this Board shall be five (5). The City Council shall appoint the Directors of the corporation. 4.03 Tenure The term of office for the Directors shall be at the pleasure of the City Council. Directors shall be removable at any time by a majority vote of a quorum present of the City Council of the City of Sanger, Texas. 4.04 Vacancies Any vacancy occurring shall be tilled by appointment by the vote of a majority of a quorum present of the City Council of the City of Sanger, Texas. 4.05 Meetings Regular meetings of the Board shall be held on the fourth Monday in each month at 7000 P0M. in the Council Chambers of the City of Sanger, Texas. All meetings of the Board shall provide notice thereof as provided and set forth in Chapter 551 , Texas Government Code, " Texas Open Meetings Act'. Any member of the Board may request that an item be placed on the agenda by delivering the same in writing to the Secretary of the Board no later than three (3) days ( 72 hours) prior to the date of the Board meeting. The President of the Board shall set special meeting dates and times. The annual meeting of the Board of Directors shall beheld in October of each year at a place and time to be determined by the Board. Notice of any meeting shall be given to the public in accordance with the requirements of the Texas Open Meetings Act. The notice shall contain information regarding the particular time, date, and location of the meeting and the agenda to be considered. All meetings shall be conducted in accordance with the Texas Open Meetings Act, 4.06 Quorum For the purposes of convening a meeting, a simple majority of the appointed Directors then serving on the Board shall constitute a quorum. For purposes of transacting the business of the corporation at any meeting, a simply majority of the appointed Directors shall constitute a quorum. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. 4.07 Compensation The duly appointed members of the Board shall serve without compensation, but shall be reimbursed for actual or commensurate cost of travel, lodging and incidental expenses while on official business of the Board in accordance with State law. 4 OS Voting• Action of the Board of Directors Directors must be present in order to vote at any meeting, unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law. The act of a majority of the Directors present at any meeting for which a quorum is present shall be the act of the Board of Directors. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote. Any conflict of interest shall be determined according to the standards of Chapter 171, Texas Local Government Code or as amended. In the event Chapter 171 of the Local Government Code shall apply, the Director shall disclose the relationship as required by Section 171.004 of the Local Government Code and shall abstain from voting. 4.09 Board's Relationship with City Council In accordance with State law, the City Council shall require that the Sanger Industrial Development Corporation be responsible to it for the proper discharge of Its duties assigned in this article. All policies and actions for program administration shall be submitted for Council approval, and the Board shall administer said programs accordingly. SECTION V OFFICERS 5.01 Officers of the Corporation The elected officers of the corporation shall be a President, Vice President, Secretary and Treasurer. The Board may resolve to elect one or more Assistant Secretaries or one or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his/her respective assistant. Any two (2) or more offices may be held by the same person, except the office of President. 5.02 Selection of Officers The initial Officers shall be elected by the Board and shall serve until the Board elects to select new officers. Vacancies in any office which occur by reason of death, resignation, disqualification, removal, or otherwise, may be filled by the Board of Directors. 5.03 President The President shall be the presiding officer of the Board with the following authority: 1. Shall preside over all meetings of the Board. 2. Shall have the right to vote on all matters coming before the Board. 3. Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required, subject to provisions of the Texas Open Meeting Act. 4. Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. 000033 5. Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent Of the corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board of Directors. 5.04 Vice President In the absence of the President or in the event of his/her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have an power of and be subject to all the same restrictions as upon the President. The Vice President shall also perform other duties as from time to time may be assign to him/her by the President. 5.05 Secretary The Secretary shall keep, or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. file a copy of said minutes with the City and the same to The Secretary shall also be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the corporation, and shall keep a register of the mailing address and street address,- if different, of each Director. 5.06 Treasurer The Treasurer shall be bonded for file faithful discharge of his/her duties in the amount of $ 20,000.00. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation. The Treasurer shall receive and give receipt for money due and payable to the corporation from any source whatsoever, and shall deposit all such moneys in the name of the corporation in such bank, trust corporation, and/or other depositories as shall be specified in accord with Section VI of these Bylaws. The Treasurer shall, in general, perform all the duties incident to that office and such other duties as from time to time may be assigned to him/her by the President of the Board. 5.07 Assistant Secretaries and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers, if any, shall„ in general, perform such duties as may be assigned to them by the Secretary or the Treasurer, or by the President or the Board of Directors. 5.08 Contracts for Services The corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. This shall include the right to contract for promotional purposes as may be defined by the Development Corporation Act of 1979, subject to any limitations contained in the Act. SECTION VI The corporation shall contract with the City for financial and accounting services. The corporation's financing and accounting records shall be maintained according to the following guidelines: 6.01 Fiscal Year The fiscal year of the corporation shall begin on October 1 and end September 30 of the following year. 6.02 Budget A budget for the forthcoming fiscal year shall be submitted to and approved by the Board of Directors and the City Council of the City of Sanger. The Board of Directors shall submit the budget in accordance with the annual budget preparation schedule as set forth by the City Administrator. The budget shall be submitted to the City Administrator for inclusion of it in the annual budget presentation to the City Council . The budget proposed for adoption shall include the projected operating expenses and such other budgetary information as shall be useful to or appropriate for the Board of Directors and the City Council of the City of Sanger. 6.03 Contracts As provided in Section V above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution, authorize any other officer or officers or any other agent or agents to enter into contract or execute and deliver any instrument in the name and on behalf of the corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. �OOQ�� 6.04 Checks and Drafts All checks, drafts, or orders for payment of money, notes, or other evidences of indebtedness issued in the name of the corporation shall be signed or bear the facsimile of any two of the directors of the corporation. 6.05 Deposits All funds of the Sanger Industrial Development Corporation shall be deposited on a regular basis to the credit of the corporation in a depository which shall be selected following procedures and requirements for selecting a depository as set Forth in Chapter 105 of the Local Government Code or the depository of the City of Sanger, may be utilized. 6.06 Gifts The Sanger Industrial Development Corporation may accept on behalf of the corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the corporation. 6.07 Purchasing All purchasing and contracts executed by the corporation shall be made in accordance with the requirements of the Texas Constitution and Statutes of the State of Texas. 6.08 Investments Temporary and idle funds which are not needed for immediate obligations of the corporation may be invested in accordance with the following investment policy. Investment Policy for the Sanger Industrial Development Corporation Whereas, the Public Funds Investment Act of 1995 requires each municipality to adopt rules and guidelines for the investment of public funds; and Whereas, such rules and guidelines should specify the type, length and strategy for each fund as well as the authority for officers and employees responsible for the investment of such funds. 6.08 - 1.0 Scope This investment policy applies to all financial assets of the Sanger Industrial Development Corporation. These funds are accounted for in the City of Sanger's Comprehensive Annual Financial Audit. 6.08 -2.0 Statement of Cash Management Philosophy: The Sanger Industrial Development Corporation shall maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the Corporations bank accounts, the payment of obligations so as to comply with state law and in accord with vendor invoices and the prudent investment of idle funds in accordance with this policy. 6.08 -3.0 Obiective: The primary objectives, in priority order, of the Sanger Industrial Development Corporation's investment activities shall be: 3.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the Sanger Industrial Development Corporation shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 3.2 Liquidity: The Sanger Industrial Development Corporation's investment portfolio will remain sufficiently liquid to enable the Sanger Industrial Development Corporation to meet all operating requirements which might be reasonably anticipated. 3.3 Return on investments: The Sanger Industrial Development Corporation's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the Sanger Industrial Development Corporation's investment risk constraints and the cash now characteristics of the portfolio. 6.08 4.0 Delegation of Authority: Management responsibility for the investment program is hereby delegated to the investment officer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the term of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls. 6.08 -5.0 Authorized Investments: Sanger Industrial Development Corporation funds may be invested in the following securities: 1. Collateralized or fully insured money market accounts. 2. Collateralized or fully insured certificates of deposit. 3. U.S. Treasury bills, notes or bonds. 4. Direct obligations of the State of Texas or its agencies and instrumentality's. 6.08 - 6.0 Uualifyin� Institutions: Investments may be made through or with the following institutions: l . Federally insured banks located in the State of Texas. 2. Primary government security dealers reporting to the Market Reports Division of the Federal Reserve Bank of New York. 6.08 -7.0 Collateralization: The Sanger Industrial Development Corporation will accept as collateral for its money market accounts, certificates of deposit and other evidence of deposit the following securities: 1. F.D.I.C. coverage. 2. U.S. Treasury bills. 3. State of Texas bonds. 4. Other obligations of the United States, its agencies or instrumentality's. 5. Bonds issued by other Texas government entities ( Corporation, county, school or special districts) with a remaining maturity of twenty years or less. Securities pledged as collateral must be retained in a third party bank in the State A Texas and the Corporation shall be provided with the original safekeeping receipt on each pledged security. The Corporation, financial institution and the safekeeping bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The Corporation's investment officer must approve release of collateral in writing prior to its removal from the safekeeping account. The financial institution with which the Corporation invests and/or maintains other deposits shall provide monthly, or as requested by the Corporation, a listing of the collateral pledged to the Corporation, marked to current market prices. The listing shall include total pledged securities itemized by: 1. Name, type and description of security. 2. Safekeeping receipt number. 3. Par value. 4. Current market value. 5. Maturity date. 5. Moody's or Standard and Poors rating ( both if available) 6.08 -8.0 General Government Practices All investment transactions shall be documented by the investment officer. The investment officer may make investments orally but shall follow promptly with a written confirmation to the financial institution or dealer with a copy of such confirmation retained in the Corporation's files. 6.08 -9.0 Investment Policy: It is the policy of the Sanger Industrial Development Corporation to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 6.09 Bonds: Any bonds issued by the corporation shall be in accordance with the statute governing this corporation but, in any event, no bonds shall be issued without approval of the Sanger City Council after review and comment by the City's bond counsel and financial advisor. SECTION VII s i ; 7.01 Books and Records The corporation shall keep correct and complete books and records of all actions A the corporation, including books and records of account and the minutes of meetings of the Board of Directors and of any committee having any authority of the Board and to the city council. All books and records of the corporation may be inspected by Directors of the corporation or his/her agent or attorney at any reasonable time; and, any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas open Records Act and Open Meetings Act shall apply to disclosure of public information. The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm employed by the City Council for the Corporation's audit. 7.02 Monthly Reports The corporation shall Provide monthly summaries of anticipated projects, proposed dispersal of funds, and funds that are dispersed. SECTION VM SEAL 8.01 -Seal The Board of Directors may obtain a corporate seal which shall bear the words "Corporate Seal of the Sanger Industrial Development Corporation" . The Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name, but these Bylaws shall not be construed to require the use of the corporate seal. 9.01 Authorization The corporation shall carry out its program subject to its Articles of Incorporation and these Bylaws, and such resolutions as the Board may from time to time authorize. The program of the Sanger Industrial Development Corporation shall be to assist, stimulate, and enhance economic development in Sanger, Texas, subject to applicable State and Federal law, these Bylaws, and the Articles of Incorporation. SECTION X These Bylaws maybe amended or repealed and new Bylaws may be adopted by an affirmative two-thirds (2/3) majority vote of the number of authorized Directors then serving on the Board, at any regular or any special meeting of the Directors held for such specific purpose, and the notice requirements stated herein above regarding regular or special meetings shall apply. A majority of the Directors of the Corporation present at an annual meeting of the Board may, amend or repeal and institute new Bylaws, provided that at least ten (10) days prior to the annual meeting, written notice setting forth the proposed action shall have been given the Directors, and public notice regarding such action given according to the requirements of the Texas Open Meetings Act and Open Records Act. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. 000050 SECTION M DISSOLUTION 11.01 Dissolution The corporation shall be dissolved according to the provisions contained in the appropriate sections of the Texas Development Corporation Act of 1979, as amended. SECTION XII INDEMNITY 12.01 Indemnity The Board Of Directors shall authorize the corporation to pay or reimburse any current or former Director or Officer of the corporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he/she is made a party by reason of holding such position as Director or Officer; provided, however, that such Director or Officer shall not receive such indemnification if he/she be finally adjudicated in such instance to be liable for misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of or preparation for threatened or proposed litigation. The Board of Directors may, in proper causes, extend the indemnification to cover the good faith settlement of any such action, suit, or proceedings, whether formally instituted or not. Furthermore, the corporation agrees to indemnify and hold harmless and defend the Sanger Industrial Development Corporation, its officers, agents, and its employees, from and against all claims and suits or damages, injuries to persons (including death), property damages (including loss or use), and expenses (including court costs and attorney fees), arising out of or resulting from the corporation's work and from any liability arising out of or in connection with the Sanger Industrial Development Corporation or its officers, agents, or employees entry upon said property, common, constitutional, or statutory law, or based on whole or in part upon the negligent or intentional acts or omissions of the corporation, its officers, agents, employees, subcontractors, licensees, invitees, or trespassers or based in whole or in part upon the negligent acts or omissions of the Sanger Industrial Development Corporation, its officers, agents, employees, licensees, or invitees. The corporation agrees to waive any and all claims it may have against the Sanger Industrial Development Corporation corrected with, resulting from, or arising out of claims and suits covered by this indemnification provision and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstances against the Sanger Industrial Development Corporation, its officers, agents, and employees. SECTION Xw NIISCELLAINMMUS 13.01 Relation to Articles of Incorporation These Bylaws are subject to and governed by the Articles of Incorporation. 13.02 Effective Date These Bylaws shall be effective upon the adoption by the Board of Directors of the Sanger Industrial Development Corporation and the approval of the City Council of the City of Sanger, Texas. Q�O�� APPLICATION FOR AUTHORIZATION AND APPROVAL OF A NONPROFIT ECONOMIC DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF SANGER, TEXAS We, the undersigned natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Sanger, Texas hereby request in writing that the City of Sanger, Texas authorize and approve the creation of a nonprofit economic development corporation to act on behalf of the City of Sanger, Texas pursuant to the "Development Corporation Act of 1979", with such nonprofit industrial development corporation to be known as "Sanger Texas Development Corporation." The Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit economic development corporation are attached hereto and made a part hereof for all purposes. SIGNED this the day of , 1998. RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT ECONOMIC DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF SANGER, TEXAS. WHEREAS, an application in writing requesting the authorization and approval of the creation of a nonprofit economic development corporation to act on behalf of the City of Sanger, Texas under the provisions of the "Development Corporation Act of 1979" has been filed with the governing body of the City of Sanger, Texas ( being its City Council) by at least three natural persons, each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Sanger, Texas, and WHEREAS, the City of Sanger, Texas is a duly incorporated city under the general laws of the State of Texas. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That, the governing body of the City of Sanger, Texas has found and determined, and hereby finds and determines, that said application is in proper form and that it has been signed by at least three (3) natural persons, each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Sanger, Texas. Section 2. That, the governing body of the City of Sanger, Texas has found and determined, and hereby finds and determines, that it is advisable that a nonprofit economic development corporation be authorized and created, with such nonprofit economic development corporation to be known as the " Sanger Texas Development Corporation". Section 3. That, the governing body of the City of Sanger, Texas hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit economic development corporation ( copies of which were attached to the above described application and copies of which are attached to this resolution and made a part hereof for all purposes) and hereby grants authority for the incorporation of the nonprofit economic development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appointed, as the initial directors by the governing body of the City of Sanger, Texas. Terms of directors shall be two (2) years. Section 4. That, the public purposes of the City of Sanger, Texas which the nonprofit economic development corporation may further on behalf of the City of Sanger, Texas are the promotion and development of commercial, industrial, and manufacturing enterprises, to promote and encourage employment and the public welfare. Section 5. That, the nonprofit economic development corporation is hereby authorized to agree with any person, firm, corporation or other entity to issue bonds, in accordance with and subject to the provisions of the Development Corporation Act of 1979 for the purpose of promotion and development of any commercial, industrial or manufacturing enterprise, and all such agreements are hereby approved. ADOPTED AND APPROVED this day of 11998. Mayor, City of Sanger, Texas ATTEST: CITY SECRETARY, City of Sanger, Texas ARTICLES OF INCORPORATION WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Sanger, Texas, which is a general law city, acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the " Development Corporation Act of 1979" , with the approval of the governing body of the City of Sanger, Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: Article 1 The name of the corporation is the BANGER TEXAS DEVELOPMENT CORPORATION, Article 2 The Corporation is a nonprofit corporation specifically governed by Section 4B of the Development Corporation Act of 1979 Texas Revised Civil Statutes Annotated Art. 5190.6. Article 3 The period of duration of the Corporation is perpetual. Article 4 The Corporation shall be governed by Section 4B of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes. The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City of Sanger, Texas, and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the City of Sanger, Texas, for the promotion and development of commercial, Texas, and manufacturing enterprises, to promote and encourage employment and the public welfare, pursuant to the Development Corporation Act of 1979. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the City of Sanger, Texas, as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or obligations, or the lending of credit, or a grant of public money or thing of value, of or by the City of Sanger, Texas, or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of faith and credit of any of them. Article 5 The Corporation has no members and is a nonstock corporation. Article 6 These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been included in the Articles of Incorporation in the first instance. Any such amendment shall be effected in either of the following manners: (1) the members of the board of directors of the Corporation shall file with the governing body of the City of Sanger, Texas a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the board of directors of the Corporation may amend the Articles of Incorporation by adopting such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (2) the governing body of the City of Sanger, Texas may, at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, program, or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act of 197% and subject to any limitation provided by the constitution and laws of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adopting, the dissolution at a meeting of the governing body of the City of Sanger, Texas and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Development Corporation Act of 1979. Article 7 The street address of the initial registered office of the Corporation is 201 Bolivar Street, Sanger, Texas, 76266, and the name of its initial registered agent at such address is Jack L. Smith. Article 8 The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City of Sanger, Texas. The number of directors constituting the initial board of directors is seven (&). The names and street addresses of the persons who are to serve as the initial directors are as follows: Directors and Addresses: Nel Armstrong 216 Diane Dr. Sanger, Texas 76266 Beverly Branch 204 11 th Street Sanger, Texas 76266 Beverly Howard 604 S. 5th Street Sanger, Texas 76266 Terry Jones 700 N. 2nd Street Sanger, Texas 76266 Chuck Tucker 204 Kathryn Sanger, Texas 76266 Woodrow Barton 807 N. 7th Street Sanger, Texas 76266 Steve Hollingsworth 108 Colonial Heights Sanger, Texas 76266 Subsequent to the initial directors and subsequent to the date of the Amendment of this Article 8, the number of directors managing the affairs of the Corporation shall be seven (7) and serve at the pleasure of the City Council of the City of Sanger, Texas. Directors are removable by the governing body of the City of Sanger, Texas for cause or at will. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors . Any vacancy occurring on the board of directors through death, resignation, or otherwise, shall be filled by body of the City of Sanger, Texas. appointment by the governing Article 9 The name and address of each incorporator is: 1. Tommy Kincaid 603 Houston Sanger, Texas 76266 2. Jerry Jenkins 2507 Chippewa Sanger, Texas 76266 3. Alice Madden 112 Kathran Drive Sanger, Texas 76266 4. Mike R. James 1002 Bolivar Street Sanger, Texas 76266 5. Glenn Ervin 208 N. lOth Street Sanger, Texas 76266 6. Carroll McNeill 701 Denton Street Sanger, Texas 76266 Article 10 The City of Sanger, Texas has specifically authorized the corporation by Resolution to act on its behalf to further the public purpose or purposes stated in the Resolution and these Articles of Incorporation and the City of Sanger, Texas has by said Resolution approved these Articles of Incorporation. A copy of said Resolution is attached to these Articles of Incorporation and made a part hereof for all purposes. No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City of Sanger, Texas. No part of the Corporations activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Article 12 If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Sanger, Texas after satisfaction or provision for satisfaction of debts and claims IN WITNESS THEREOF, we have set our hands, this day of ,1998a INCORPORATORS tti� 11 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, a notary public, on this day personally appeared known to me to be the persons whose names are subscribed to the foregoing and, being by me duly sworn, severally declared that the statements therein contained are true and correct. Given under my hand and seal of office this day of 11998. Notary Public, State of Texas My Commission Expires: BYLAWS OF SANDER TEXAS DEVELOPMENT CORPORATION A NON-PROFIT CORPORATION SECTION I OFFICES The corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent, whose office is identical with such registered office, as required by the Texas Development Corporation Act of 1979. The Board of Directors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation. The corporation and the registered office of the corporation are located at 201 Bolivar Street, Sanger, Texas 76266. The registered agent of the corporation at such office shall be the City Administrator of the City of Sanger. 1.02 Principal Office The principal office of the corporation in the State of Texas shall be located in the City of Sanger, County of Denton, and it may be, but need not be, identical with the registered office of the corporation. °00005 SECTION II PURPOSES 2.01 Purposes The corporation is incorporated for the purposes set forth in its Articles of Incorporation, the same to be accomplished on behalf of the Sanger Texas Development Corporation, Texas (the "Corporation") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Article 5190.6. Vernons Ann. Civ. St., as amended (the "Act"), and other applicable laws, and organized under Section 4B of the Act. The purpose of the Sanger Texas Development Corporation is to promote, assist, and enhance economic development in accordance with the Texas Development Corporation Act of 1979. Any project, as defined by such Act, which shall be undertaken by the corporation, may include in such costs, the maintenance and operating costs of such project. 3.01 Members The corporation shall have no members or issue any stock. 111 SECTION IV BOARD OF DIRECTORS 4.01 Board of Directors The business and affairs of the corporation and all corporate powers shall be exercised by or under authority of the Board of Directors ( the "Board"), appointed by the governing body of the Sanger Texas Development Corporation, and subject to applicable limitations imposed by the Texas Development 6 Corporation Act of 1979, the Articles of Incorporation, and these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or special power and authority to the officers and employees of the corporation to transact the general business of any special business of the corporation, and may give powers of attorney to agents of the corporation to transact any special business requiring such authorization. 4.02 Number and Qualifications The authorized number of Directors of this Board shall be seven (7). The City Council shall appoint the Directors of the corporation. At least three of these directors shall be persons who are not employees, officers, or members of the governing body of the City of Sanger. Each director must be a resident of Sanger, Texas, 4.03 Tenure The term of office for the Directors shall be two (2) years, with the right to be reappointed. The City Council shall appoint the Directors of the corporation. Directors shall be removable at any time by a majority vote of a quorum present of the City Council of the City of Sanger, Texas. 4.04 Vacancies Any vacancy occurring shall be filled by appointment by the vote of a majority of a quorum present of the City Council of the City of Sanger, Texas. J 4.05 Meetings Regular meetings of the Board shall be held on the first Thursday in each month at 7:00 P.M. in the Council Chambers of the City of Sanger, Texas. All meetings of the Board shall provide notice thereof as provided and set forth in Chapter 551 , Texas Government Code, " Texas Open Meetings Act Any member of the Board may request that an item be placed on the agenda by delivering the same in writing to the Secretary of the Board no later than three (3) days ( 72 hours) prior to the date of the Board meeting. The President of the Board shall set special meeting dates and times. The annual meeting of the Board of Directors shall beheld in October of each year at a place and time to be determined by the Board. Notice of any meeting shall be given to the public in accordance with the requirements of the Texas Open Meetings Act. The notice shall contain information regarding the particular time, date, and location of the meeting and the agenda to be considered. All meetings shall be conducted in accordance with the Texas Open Meetings Act. 4.06 Quorum For the purposes of convening a meeting, a simple majority of the appointed Directors then serving on the Board shall constitute a quorum. For purposes of transacting the business of the corporation at any meeting, a simply majority of the appointed Directors shall constitute a quorum. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. 4.07 Comuensation The duly appointed members of the Board shall serve without compensation, but shall be reimbursed for actual or commensurate cost of travel, lodging and incidental expenses while on official business of the Board in accordance with State law. 4 08 Voting; Action of the Board of Directors Directors must be present in order to vote at any meeting, unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law. The act of a majority of the Directors present at any meeting for which a quorum is present shall be the act of the Board of Directors. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote. Any conflict of interest shall be determined according to the standards of Chapter 171, Texas Local Government Code or as amended. In the event Chapter 171 of the Local Government Code shall apply, the Director shall disclose the relationship as required by Section 171.004 of the Local Government Code and shall abstain from voting. 4.09 Board's Relationship with City Council In accordance with State law, the City Council shall require that the Sanger Texas Development Corporation be responsible to it for the proper discharge of its duties assigned in this article. All policies and actions for program administration shall be submitted for Council approval, and the Board shall administer said programs accordingly. SECTION V OFFICERS 5.01 Officers of the Corporation The elected officers of the corporation shall be a President, Vice President, Secretary and Treasurer. The Board may resolve to elect one or more Assistant Secretaries or one or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his/her respective assistant. Any two (2) or more offices may be held by the same person, except the office of President. 5.02 Selection of Officers The initial President and Vice President shall be elected by the Board and shall serve a term of one (1) year. On the expiration of the term of office of the original President and Vice President, the Board shall select from among its members, individuals to hold such office. The term of office of the President and Vice President shall always be for a period of one (1) year from date of selection by the Board, provided, however, that the President and Vice President continue to serve until the election of their successors. The Secretary and Treasurer shall be selected by the members of the Board and shall hold office for a period of one (1) year from the date of selection, provided, however, that the Secretary shall continue to serve until the election of his/her successor. Vacancies in any office which occur by reason of death, resignation, disqualification, removal, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term of that office in the same manner as other officers are elected to the Board. 5.03 President The President shall be the presiding officer of the Board with the following authority: 00 1. Shall preside over all meetings of the Board. 2. Shall have the right to vote on all matters coming before the Board. 3. Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required, subject to provisions of the Texas Open Meeting Act, 4. Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. 5. Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent Of the corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board of Directors. 5.04 Vice President In the absence of the President or in the event of his/her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have an power of and be subject to all the same restrictions as upon the President. The Vice President shall also perform other duties as from time to time may be assign to him/her by the President. 5.05 Secretary The Secretary shall keep, or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City and the same to be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the corporation, and shall keep a register of the mailing address and street address,- if different, of each Director. 5.06 Treasurer The Treasurer shall be bonded for the faithful discharge of his/her duties in the amount of $ 20,000.00. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation. The Treasurer shall receive and give receipt for money due and payable to the corporation from any source whatsoever, and shall deposit all such moneys in the name of the corporation in such bank, trust corporation, and/or other depositories as shall be specified in accord with Section VI of these Bylaws. The Treasurer shall, in general, perform all the duties incident to that office and such other duties as from time to time may be assigned to him/her by the President of the Board. 5.07 Assistant Secretaries and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers, if any, shall„ in general, perform such duties as may be assigned to them by the Secretary or the Treasurer, or by the President or the Board of Directors. 5.08 Contracts for Services The corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. This shall include the right to contract for promotional purposes as may be defined by the Development Corporation Act of 1979, subject to any limitations contained in the Act. SECTION VI FINANCIAL ADMINISTRATION The corporation shall contract with the City for financial and accounting services. The corporation's financing and accounting records shall be maintained according to the following guidelines: 6.01 Fiscal Year The fiscal year of the corporation shall begin on October 1 and end September 30 of the following year. A budget for the forthcoming fiscal year shall be submitted to and approved by the Board of Directors and the City Council of the City of Sanger. The Board of Directors shall submit the budget in accordance with the annual budget preparation schedule as set forth by the City Administrator. The budget shall be submitted to the City Administrator for inclusion of it in the annual budget presentation to the City Council . The budget proposed for adoption shall include the projected operating expenses and such other budgetary information as shall be useful to or appropriate for the Board of Directors and the City Council of the City of Sanger. 6.03 Contracts As provided in Section V above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution, authorize any other officer or officers or any other agent or agents to enter into contract or execute and deliver any instrument in the name and on behalf of the corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. 6.04 Checks and Drafts All checks, drafts, or orders for payment of money, notes, or other evidences of indebtedness issued in the name of the corporation shall be signed or bear the facsimile of any two of the directors of the corporation. 6.05 Deposits All funds of the Sanger Texas Development Corporation shall be deposited on a regular basis to the credit of the corporation in a depository which shall be selected following procedures and requirements for selecting a depository as set forth in Chapter 105 of the Local Government Code or the depository of the City If Sanger, may be utilized. 6.06 Gifts The Sanger Texas Development Corporation may accept on behalf of the corporation any contribution, gift, bequest, or device for the general purpose or For any special purposes of the corporation. 6.07 Purchasing All purchasing and contracts executed by the corporation shall be made in accordance with the requirements of the Texas Constitution and Statutes of the State of Texas. 6.08 Investments Temporary and idle funds which are not needed for immediate obligations of the corporation may be invested in accordance with the following investment policy. Investment Policy for the Sanger Texas Development Corporation Whereas, the Public Funds Investment Act of 1995 requires each municipality to adopt rules and guidelines for the investment of public funds; and Whereas, such rules and guidelines should specify the type, length and strategy for each fund as well as the authority for officers and employees responsible for the investment of such funds. 6.08 - 1.0 Scope This investment policy applies to all financial assets of the Sanger Texas Development Corporation. These funds are accounted for in the City of Sanger's Comprehensive Annual Financial Audit. 6.08 -2.0 Statement of Cash ManaEement Philosophy: The Sanger Texas Development Corporation shall maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the Corporations bank accounts, the payment of obligations so as to comply with state law and in accord with vendor invoices and the prudent investment of idle funds in accordance with this policy. 6.08 -3.0 Obiectiye: The primary objectives, in priority order, of the Sanger Texas Development Corporation's investment activities shall be: 3.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the Sanger Texas Development Corporation shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 3.2 Liquidity: The Sanger Texas Development Corporation's investment portfolio will remain sufficiently liquid to enable the Sanger Texas Development Corporation to meet all operating requirements which might be reasonably anticipated. 3.3 Return on investments: The Sanger Texas Development Corporation's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the Sanger Texas Development Corporation's investment risk constraints and the cash flow characteristics of the portfolio. 6.08 -4.0 Delegation of Authority: Management responsibility for the investment program is hereby delegated to the investment officer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the term of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls. 6.08 -5.0 Authorized Investments: Sanger Texas Development Corporation funds may be invested in the following securities: l . Collateralized or fully insured money market accounts. 2. Collateralized or fully insured certificates of deposit. 3. U.S. Treasury bills, notes or bonds. 4. Direct obligations of the State of Texas or its agencies and instrumentality's. 6.08 - 6.0 Qualifying Institutions: Investments may be made through or with the following institutions: l . Federally insured banks located in the State of Texas. 2. Primary government security dealers reporting to the Market Reports Division of the Federal Reserve Bank of New York. Collateralization: �I The Sanger Texas Development Corporation will accept as collateral for its money market accounts, certificates of deposit and other evidence of deposit the following securities. 1. F.D.I.C. coverage. 2. U.S. Treasury bills. 3. State of Texas bonds. 4. Other obligations of the United States, its agencies or instrumentality's. 5. Bonds issued by other Texas government entities ( Corporation, county, school or special districts) with a remaining maturity of twenty years or less. Securities pledged as collateral must be retained in a third party bank in the State of Texas and the Corporation shall be provided with the original safekeeping receipt on each pledged security. The Corporation, financial institution and the safekeeping bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The Corporation's investment officer must approve release of collateral in writing prior to its removal from the safekeeping account. The financial institution with which the Corporation invests and/or maintains other deposits shall provide monthly, or as requested by the Corporation, a listing of the collateral pledged to the Corporation, marked to current market prices. The listing shall include total pledged securities itemized by: l . Name, type and description of security. 2. Safekeeping receipt number. 3. Par value. 4. Current market value. 5. Maturity date. 6. Moody's or Standard and Poors rating ( both if available) All investment transactions shall be documented by the investment officer. The investment officer may make investments orally but shall follow promptly with a written confirmation to the financial institution or dealer with a copy of such confirmation retained in the Corporation's files. 6.08 -9.0 Investment Policy: It is the policy of the Sanger Texas Development Corporation to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 6.09 Bonds: Any bonds issued by the corporation shall be in accordance with the statute governing this corporation but, in any event, no bonds shall be issued without approval of the Sanger City Council after review and comment by the City's bond counsel and financial advisor. �•�Tl 9 A LLVIk W/ i l 7.01 Books and Records The corporation shall keep correct and complete books and records of all actions of the corporation, including books and records of account and the minutes of meetings of the Board of Directors and of any committee having any authority of the Board and to the city council. All books and records of the corporation may be inspected by Directors of the corporation or his/her agent or attorney at any reasonable time; and, any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas open Records Act and Open Meetings Act shall apply to disclosure of public information. The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm employed by the City Council for the Corporation's audit. 7.02 Monthly Reuorts The corporation shall Provide monthly summaries of anticipated projects, proposed dispersal of funds, and funds that are dispersed. SECTION VIU 8.01 -Seal The Board of Directors may obtain a corporate seal which sha11 bear the words "Corporate Seal of the Sanger Texas Development Corporation" . The Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name, but these Bylaws shall not be construed to require the use of the corporate seal. 'it�1 SECTION IN PROGRAM 9.01 Authorization The corporation shall carry out its program subject to its Articles of Incorporation and these Bylaws, and such resolutions as the Board may from time to time authorize. The program of the Sanger Texas Development Corporation shall be to assist, stimulate, and enhance economic development in Sanger, Texas, subject to applicable State and Federal law, these Bylaws, and the Articles of Incorporation. SECTION X These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative two-thirds (2/3) majority vote of the number of authorized Directors then serving on the Board, at any regular or any special meeting of the Directors held for such specific purpose, and the notice requirements stated herein above regarding regular or special meetings shall apply. A majority of the Directors of the Corporation present at an annual meeting of the Board may, amend or repeal and institute new Bylaws, provided that at least ten (10) days prior to the annual meeting, written notice setting forth the proposed action shall have been given the Directors, and public notice regarding such action given according to the requirements of the Texas Open Meetings Act and Open Records Act. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. 000Q�� SECTION Al DISSOLUTION 11.01 Dissolution The corporation shall be dissolved according to the provisions contained in the appropriate sections of the Texas Development Corporation Act of 1979, as amended. '111!' SECTION XII INDEMNITY 12.01 Indemnity The Board Of Directors shall authorize the corporation to pay or reimburse any current or former Director or Officer of the corporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he/she is made a party by reason of holding such position as Director or Officer; provided, however, that such Director or Officer shall not receive such indemnification if he/she be finally adjudicated in such instance to be liable for misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of or preparation for threatened or proposed litigation. The Board of Directors may, in proper causes, extend the indemnification to cover the good faith settlement of any such action, suit, or proceedings, whether formally instituted or not. Furthermore, the corporation agrees to inde�mnifY and hold harmless and defend the Sanger Texas Development Corporation, its officers, agents, and its employees, from and against all claims and suits or damages, injuries to persons (including death), property damages (including loss or use), and expenses (including court costs and attorney fees), arising out of or resulting from the corporation's work and from any liability arising out of or in connection with the Sanger Texas Development Corporation or its officers, agents, or employees entry upon said property, common, constitutional, or statutory law, or based on whole or in part upon the negligent or intentional acts or omissions of the corporation, its officers, agents, employees, subcontractors, licensees, invitees, or trespassers or based in whole or in part upon the negligent acts or omissions of the Sanger Texas Development Corporation, its officers, agents, employees, licensees, or invitees. The corporation agrees to waive any and all claims it may have against the Sanger Texas Development Corporation corrected with, resulting from, or arising out of claims and suits covered by this indemnification provision and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstances against the Sanger Texas Development Corporation, its officers, agents, and employees. QOQQ�� SECTION Xw MISCELLANEOUS 1.3 01 Relation to Articles of Incorporation These Bylaws are subject to and governed by the Articles of Incorporation. 13.02 Effective Date These Bylaws shall be effective upon the adoption by the Board of Directors of the Sanger Texas Development Corporation and the approval of the City Council of the City of Sanger, Texas. CITY OF SANGER, TEXAS ORDINANCE NO. #07-98 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF SANGER, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Sanger, Texas, for the fiscal year 1998-1999 has been published in accordance with law; and, WHEREAS, it is necessary, at this time, that said budget be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, AS FOLLOWS. SECTION 1: That the budget presented by the City Council and reviewed during the public hearing is hereby approved and adopted for the fiscal year 19984999. General Fund $1,717,588 Enterprise Fund $3,433fiW SECTION 2: That the City Administrator is authorized to invest any funds not needed for current use, whether operating funds or bond funds, in United States Treasury bills, savings accounts or certificates of deposit. Accrued interest from such investment may be deposited in the General Fund, all of which investments shall be in accordance with law. SECTION 3: That the City Administrator be and is hereby authorized to make infra and inter department fund transfers during the fiscal year as becomes necessary in order to avoid expenditure of a particular account. SECTION 4: This ordinance shall take effect and shall be in full force and effect from after its passage. PASSED, APPROVED AND ADOPTED, this the 21st day of September A.D., 1998. ATTEST: Rosalie Chavez City Secretary Tommy Kincaid Mayor, City of Sanger �oVUC�+r( CITY OF SANGER, TEXAS ORDINANCE NO, #08-98 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 199% AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1998 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE, PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE, BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas that: We, the City Council of the City of Sanger, do hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 1998 as follows: $. for the purpose of maintenance and operation $. for the payment of principal and interest on bonds total tax rate The tax collector is hereby authorized to collect the taxes of the City of Sanger employing the above tax rate. The above ordinance and order was unanimously passed by the City Council of Sanger on this 21st day of September, 1998, and was executed in duplicate. PASSED AND APPROVED AND ADOPTED, this 21st day of September A.D., 1998. Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY OF SANGER, TEXAS ORDINANCE NO. 09-98 AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 23.000 FEE SCHEDULE FOR WATER SERVICE RATES IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER UTILITY RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas that: SECTION I THE SCHEDULE OF FEES FOR CONSUMPTION OF WATER UTILITY FOR BOTH COMMERCIAL AND RESIDENTIAL CUSTOMERS SHALL BE: $14.25 Minimum per unit served for 0-1,000 gallons $1.95 per thousand gallons $2.15 per thousand gallons $2.55 per thousand gallons $3.35 per thousand gallons effective October 1, 1998 1,001 - 5,000 - 15,000 - 30,000 + SECTION II 4,999 gallons 14,999 gallons 29,999 gallons gallons All ordinances or parts of ordinances in conflict hereof are, to the extent of such conflict, repealed. SECTION III It is declared to be the intention of the CCouncil that the sections, paragraphs, ity sentences, clauses, and phrases of this Ordinance are severable and, should any of the same be declared null or void by any court of competent jurisdiction, such action shall not affect the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. SECTION IV Failure to comply with any section or provision of this Ordinance that is prohibited or is declared to be unlawful or a misdemeanor, or whenever in this Ordinance, the commission A an act is required or the omission thereof is prohibited, the violation of such provision shall be punishable by a fine not to exceed One Thousand Dollars ($,1000.00); provided however, that no penalty shall be greater or less than the penalty provided under the laws of the State of Texas. Each day any violation of this Ordinance shall continue shall constitute a separate offense. PASSED, APPROVED, AND ADOPTED, this the 21st day of September A.D., 1998, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary Q�Q��'� CITY OF SANGER, TEXAS ORDINANCE NO, 10-98 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 18.102 SOLID WASTE COLLECTION FEES - RESIDENTIAL SERVICES IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF SOLID WASTE COLLECTION RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas that: SECTION I Solid Waste Collection Fees shall be: (a) Residential Customers Two pick-ups per week $9.86 per month effective October 1, 1998 SECTION II All ordinances or parts of ordinances in conflict hereof are, to the extent of such conflict, repealed. SECTION III It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, should any %J the same be declared null or void by any court of competent jurisdiction, such action shall not affect the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. SECTION IV Failure to comply with any section or provision of this Ordinance that is prohibited or is declared to be unlawful or a misdemeanor, or whenever in this Ordinance, the commission of an act is required or the omission thereof is prohibited, the violation of such provision shall be punishable by a fine not to exceed One Thousand Dollars ($,1000.00); provided however, that no penalty shall be greater or less than the penalty provided under the laws of the State of Texas. Each day any violation of this Ordinance shall continue shall constitute a separate offense. PASSED, APPROVED, AND ADOPTED, this the 21st day of September A.D., 1998, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary 00000� Resolution No. 1-7-7 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 be held by the Governing Body of the Ciry of Sanger, in the City Hall at 7*00 P.M. on October 5, 1998, and on October 19, 1998 for the purpose of considering annexation into the City limits of the following described property: BEING ALL THAT TRACT OR PARCEL OF LAND IN THE REUBEN BEBEE SURVEY, ABSTRACT 29, DENTON COUNTY, TEXAS CONSISTING OF 90.078 ACRES. SUBJECT TRACT BEING LOCATED ON INTERSTATE 35-STEMMONS SERVICE ROAD NORTH. - SAID PROPERTY TO BE ZONED MOBILE HOME PARK ZONING. PASSED AND APPROVED, this 21st day of September, 1998. Mayor, Tommy Kincaid Attest: Rosalie Chavez, City Secretary ***m MEMO **** September 17, 1998 TO: Honorable Mayor and City Council FR: Rosalie Chavez, City Secretary RE: Agenda Item #14 and #15 Staff wil have comments from Planning and Zoning by Monday night's meeting. th . LEGAL NOTICE F,, e Sanger City Council will conduct a pub- p, hearing, at 201 Bolivar St. at 7:00 p,m, on 'Tuesday, September-1 So 1998 on the ro osed p p budget.for Fiscal Year 1998-1999. ., c Rosalie,Chavez { \ Clity'sedretary LEGAL NOTICE The Sanger_ ,City Council will conduct A*pub- l' hQarirl`g at 201 Bolivar St. st at . p m' on Mo „ , ,September 20 1998 .to consider a �i f=final'. ... , f _,... ,.., lat d6 Lot 11 R-1, and 11 R- ,Block .• A, Lakecre Meadows, Phase I. ' Rosalie Chavez V City Secretary ti. * "yln ,•' }.i{. tic• 1 ro' LEGAL NOTICE Is 1 1ro 'lidiThe Sanger Planningand Zoning Commis ' is will C ;�. U conduct a public,hearing, at 201 Bolivar S::'et'7:00 p.m. on Thursday, September 17,1998 to consider a i Final Replat on Lot 11 R-1, and 11 R-2, ',Block A, 1 ..Lakecrest Meadows, Phase 1. i , y8u[jh Rosalie` haver .e'er ao - City Secreta �, ' S3/� PROPERTY OWNER LETTERS TO: MORRELL, BILLY R. RT 29 BOX 1921 LAKECREST DR BANGER, TX 76266 HUBBARD, KEVIN A 3004 BROKEN BOW ST. DENTON, TX 76201 SNIDER, STEWART C. 2905 W FM 2449 PONDER, TX 76259 FORD, MARK D. 1901 LAKEVIEW CIR LEWISVILLE, TX 75057 WALDROP, TROY D. 437 SOUTHFORK DR STE 200 LEWISVILLE, TX 75057 BURNIESS R. ffiGGS RR 2 BOX 2520 SANGER, TX 76266 LAKECREST MEADOWS P.O. BOX 3428 ALBUQUERQUE, NM 87190 �caring, at 201Bolivar St. on the followingdates: i 7M m i s i 7M jTA7&4MP (111 1 ll,if I it 1 0 4 1 11 1 9 1,7 M C7,1 E RC:sr nOM P&Z 09/17/98 CC 09/21/98 REPEAT REQUEST Property is located off FM 455, and is legally described as Lot 11R-1, and Lot 11R-2, Block A, Lakecrest Meadows, Phase I. If you disapprove this Replat Request, please be in attendance at the meeting. Please check one: Comments: Please%Vint Your Name I approve of the Replat I disapprove of the Replat 9 P&Z 09/ 17/98 CC 09/21/98 REPLAT REQUEST Property is located off FM 455, and is legally described as Lot 11R-1, and Lot 11R-2, Block A, Lakecrest Meadows, Phase I. ff you disapprove this Replat Request, please be in attendance at the meeting. Please check one: i Comments: s I approve of the Replat i I disapprove of the Replat HUNTER ASSOCIATES TEXAS, LTD. ■ ENGINEERS/PLANNERS/SURVEYORS f/ E140 WAWUT NIU, LANE • ONE GLEN IAKES •SURE 900 • DAIIAS, TEXAS 75271.4.750.2tYJ699t7t •FAX 214IE9M9793 t ( 110E CLAYTON LANE • SUITE 410E •AUSTIN, TEXAS 78723a1037 • $t V4"071E • FAX SIV4542433 August 19, 1998 Ms. Rosalie Chavez City of Sanger PO Box 578 Sanger, Texas 76266=0578 RE: Final Replat Lot 11R4 and 11R-2, Block A Lakecrest Meadows, Phase 1 Denton County, Texas Dear Ms. Chavez: As requested, we have reviewed the Final Replat of the above referenced project prepared by Kern Surveying, Inc., dated August 10, 1998. Our comments are as follows: i. All fees should be paid in accordance with various City Ordinances and/or policies. 2. This area appears to be within the City of Sanger ETJ. 3. Replats require a public hearing. 4. A separate Certificate of Approval should be included for the signature ofthe City of Sanger Planning & Zoning Commission Chairman, 5. There is a discrepancy between the Dedication (430.7311 and the drawing (403.73') for the distance of the east property line. This concludes our review of the data submitted on the above referenced project. Should you have any questions, or require additional information, please feel free to contact us. Sincerely, e; &a HUNTER ASS;�OCIATE�S�TEXAS, LTD. ._..l Mark D. Hill P.E. Vice President cc: W. Michael J. Kern, R.P.L.S. C:�tlBwprU�k�tltl•t 1rl,cvw.wpd 1 t i IS 00•SO'37' W) 403 73' 253.93' / d Y ay N A � O b L� A Z os e N � b ANC a sBs i.AhA f s N'yVN0 rr �i � Q =0 � J Q � o: S�09ec SO' 0' SO' 100' PHASE 2 335.70 IJ. �tV-M7.00 e 1.1sf Aen. - s er4r2>r �- .� .�. nav-..e.�e 0 7 0 1.Se8 Acre ' S eT11'2 E /!. e[wu/.00 f 1.SfS Aen� I • 0, • .- C IA CALLtD 5.00 AM Tr. ■ ■ Y U O J m S 1.41f AerM 44'49" E 98.26 ' ra � rt i �.aa. 1 � 1 � )� % 1�� ,crl� / � \ �` ' '� � i ( ( f 1 � �N g; � 1.23. �.. 1 h' w i � 1 o � G � Y 4 i 31.44 V S i 1.37f Au+s � . � it it 1 C . ;1 1 ; 1 J 11 W � � , 1N '11� .!1 1 1t�. tii � 1 1 it �' 1 � �1 ;' � J 1 1� 1 1 I �� I 1 r 1 g �I �'n.l S� i a^, � � 1- 1 W 1 11 Y 'h �� rA � $ 1( r 1,.17.071 s 1 r ._. Ar , eel N. OtMNM.ri W 3 N 1.4f4 Acaw t x r4r E 3fe.1s a, 1.4f] A.r« s rr4r—� � y�� 10 1.253 Aena ►�. uiv-Nari 11 3.216 Acns E 3S1.N � � s er+rzr E 311.34 1 II 1 IiS 1.724 AaN ' � Y� M M C1111V11 V� /. W W Ye1R >M' t/ll M M i I= .�ii I I eanlaw eema v f+e nlssea IIJr. �lpM.�nr � I 1 !�! !! 1.7u �«.. I i �i � I 1.71J ir.r i � _� � �. .wl,� ffalnla orr. � � � ---lrus— — -----� Li.--------Irve.-•-- M. 4 S S N 8T41'29' W 7�2.90 Q 0 0 .� � ,� e ll4440 o dgnd•G DEDICATION ' • / MCC so 1010448 U4113 11BI Asa a STATE OF TEXAS > �••� .. 1 eb 1 a Al/o8G Ali SL99L08tl-9L I enN/DOG COUNTY of DENTON rdEY1f 4tl 9e63 ra oao Uo WHEREAS, LAKECREST MEADOW L. P:, • New Mexico Limited Partnership, to the owner of all that certain tract of land situated In the R, 09522 Survey Abstract Number 29 in the County of U8313 Denton, Texas and being a part of the called 79,766 acre tract described In the dead filed A1Nl100/930X1H1A1N= NNa01NOA under Clerk's File Number 96-001806e of the Real Property Records of Denton County, Taxes) tu` PAoaey col Pat$ the subject tract being more particularly deaecibod as follower BEGINNING for the Southwest corner of the tract being described herein, at the Southwest corner of the sold 79,76E acre tract and the Southeast corner of a called 5.00 acre tract described in the dead to Robert McOuiston recorded in Volume 17e6, Page e76 of the maid Real Property Records on the North right-of•way of /,M. e55; THENCE North 01 Degree 3e Minutes e5 Second* Boot with the West line of the 79.766 acre, tract • distance of 1#500*16 feet to a 1/2 inch iron rod ■at for the Northwest corner of the heroin described tract) THENCE South 67 Degrees LI Minutes 39 Second* Eat across the 79.768 acre tract a distance of 335.70 feet to a 1/2 inch iron rod set for the beginning of a curve having a radius of 60000 feet; THENCE Southeasterly with the arc of the said curve having an arc length of 111.70 feat Ichord bearing South 67 Degress,e{ Minutes 49 Seconds Eat a distance of 96.26 feet) to a 1/2 inch Iron rod set; _ THENCE South 67 Degrees N Minutes 69 Seconds East across the 79.768 acre tract a distance of 295.16 feet to a 1/2 inch iron rod not on the East line thereof and the West line of a tract of land described in the deed to Burnes* Higge.recorded in Volume 6820 Page e0 of the PAMPA P0048 b. Lr. Dead Records of Denton County, Texas; AUANSSS yUOOS F. 4U^ 10 THENCE South 00 Degrees SS Minutes 37 Seconds Nest with the West line of the Higgs tract and the Eat line of the 79,766 acre tract a distance of 14501.17 feet to a rock at a fence corner post at the Southeast corner thereof in the North right -of -ray of P.M. 4551 THENCE North 67 Degrees el Minutes 29 Seconds Nest with the South line of the 79,768 acre tract and• the North right-of-way of F.M. 455 a distance of 7e2,90 feat to the PLACS OF 890INNING and •enclosing 25,3SS scrod of land. •� fi O In NOW, THEREFORE, KNOW ALL MEN BY THESE PRESBHTSI THAT, KEVIN MURPHY, President, Altura Real Estate Co. Inc., as General Partner for Lakocrest Meador Limited Partnership, a New Mexico Limited Partnership, does hereby adopt this plat designating the herein described 'property as LAKECREST MEADOW, PHASE I in Denton County, Texas and do hereby dedicate to the public use forever the street rights -of -ray and public easement shorn hormone � I • I KEVIN AoRpHys President lKturqkoal Estate Co., Inc, 1 UMPIC ,�� ccW) �1� '14 I a5.355 AC4:6 pla, . cm°,o r VN 5 �� A w mmamm UK mP maw no Paso ON mom ass sr ea Offlomee fNocw STATE OF maw MEXICO uJ" ram a cow tee, Tl. IImONOOG WOIOe BE►ORE ME, the undersigned Notary•' Public In and for the State of New Mexico on this day wit mum la! tAwrwr personally appeared KEVIN MURPHY, President, Altura Real Estate CO., Inc., known to me to be PeoPoln maim the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he/she executed the same for the purpose and consideration therein oxprsesed, and in the W capacity therein stated) elriel ,010% • GIVEN UNDER MY HAND AND SEALL, 0/ OF►ICE THIS DAY OF J14e PC ZA 1996. (aY a/w11uPj I �o/L A w . Hoary Public in of Now Mexico D �/ 111ItON1; ' «esln•Ies OF PLANNING a1R .r`'"�It Tt Yq70% OFFKMLOEAL ? ow CENTERLINE CURVE CURVr 0 RAG. ARC liNOM Cf10R0. el NN' IM' Mfr M OeM'fr t MfY a vlrolr ewe n1,w w onrls r qM1' M MI a 1eerlr oa r in" w oss 1t a me I Of A •� 'fhla mtp'e•i: r0ntl:n•„f::r;ivll• 101 in.: u::u of t'AO Dwulon GJnerul Aupral.:,1 U1s;n " menu asoumcs ,lu r0ap�ua�tbi;y tar Ina nnisr,i mar uocul wY othwr than Ina rase PAN""oolerAR muldad awe Au mew «,Mot Paoorl •v m Rw l ralwol W eel{YW a•j,IrM hMMYw lM Iw+rw. do hoop Pwery e,m 1 111PwM ex1 Ilm MM N wW W wr+M1 Iwaq d as W ""Pow IwMwA eM eM ewe w,11w WAVA ems" mewl 1111W wen 111ma e1 ~ om ItsA w www 69weem e/ rml ewe }w w1 ere M M1e died�MarP ~ �» M m owA w 11 W WANWA (1116A04 A PA se�"gG 11 me ar.aw a art aolE � A_�f`y e. UIKECREST MEADOWr PHASE I BEINC 1♦ LOTS ON_23.3Sb ACRES IN OOO.�Vt� HUNT1=K ASS IT S I tAAZOO L ENGINEERS/PLANNERS/SURVEYORS 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231.43500 (214) 369-9171, (214) 690795 Pax 6842 Main Strout, Suite I05, Frisco, Texas 75034, (972) 712-6400, (972) 712,4880 Fax s �r To: Rosalie Chavez City of Sanger From: Mark D. Hill, P.E. Hunter Associates Texas, Ltd. Subject: Repainting of Acker Street Elevated Tank Pay Application ##3 FINAL Date: September 16, 1998 Attached is Cherokee Painting and Sandblasting, Inc.'s construction Estimate No. 3 and I:INAL for the period ending September 2, 1999. I have reviewed this estimate for completeness and accuracy and recommend payment in the amount of $ 12,771.00. The original Affidavit of Bills Paid and Surety Release are being mailed to your office directly from the Contractor. Please note that a 23 month warranty inspection by a certified inspector should be scheduled for August or September, 2000, Please place this final payment and acceptance on the next City council meeting for approval. If you have any questions, please contact me. attachment C:1flSanger\Water\L,9703 SE-ACKER-TANK-1�'AIN'I�Letters\payapp3. mem. wpd • VA ZFeAUtpillso' • Painting Ift Sandblasting, 946 1JacksonShow Jacksonville,,-. -• - of REQUESTAYMENT • �, , • l August 13, 1999 through SepWmbff.. Item N Unit Description Quantity 1. L.S. Hydroblast surfaces and paint 1 exterior of elevated tank, bowl, riser, legs, braoea & other items $ 29,700.00 100'�, S 29,700.p0 o The undersigned CONTRACTOR cerestifiles that (1) all previous progrum payments, received frorn OWNU ow" 11 • i/ :, / 1' / 1 :• W77i AL 1 1' 1 ••:. TOTAL coN'IRACT AS SiD............ • .............................. . . ........................................$ a9, 700. 00 .............•.,,..,,•,•..,•,.. •• $ 29,790.00 LESS 5% RETAIN,AGE....................•,•.....•...,.,...,.,.,..•,,..,,........,.,.,.•.....,.,...,.,......•..., $ 000.00 TOTAL TO BE PAID TO DAIE...........................•...•.•..,.......•......•...•...•.......,..,..,..,..., $ 29,700,00 LESS PREVIOUS PAYMENTS., to of so tabs be be sees &&&too# 06 to 061A teat boo@ $ 16,929,00 LkLANCEDUE THISESTIMATE...••.••...•.......Note .................................... too ..........Post,$ 12,771.00 ��Y�iVAI CRIMINAL DISTRICT ATTORNEY Carrraen Rivera -Worley, Assistant District Attorney Robert Schell, Assistant District Attorney Civil Division 1450 East McKinney September 14, 1998 Hon. John W. Coker III City of Sanger P.O. Box 578 Sanger, TX 76266 Re: Interlocal Cooperation Agreement -Library (940) 565-8660 (800) 346-3189 Metro (940) 320=4802 Fax (940) 565=8592 Enclosed are two originals of your City's Interlocal Cooperation Agreement for Library Services with Denton County for the 1998-1999 fiscal year. Please obtain the appropriate signatures on the enclosed agreements and then return both originals to our office within 60 days, so that they may be placed on the Commissioners Court agenda for approval. After execution by Denton County, an original will be returned to you for your files. Should you have any questions, please don't hesitate to contact me. Sincerely, � r12 Lori Bowers Paralegal /lb Encls. y �I STATE OF TEXAS, ) )ss. COUNTY OF DENTON. ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OF SANGER, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Municipality, and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries, NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows: SANGER LIBRARY 1998-99 1 The term of this agreement shall be for the period from October 1, 1998 through September 30, 1999. II. For the purposes and consideration herein stated and contemplatedI Municipality shall provide library services for the residents of County without regard to race, religion, color, age, Usability and/or national origin. Upon proper proof by individuals) of residence in Denton County, Texas, such individuals) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. Municipality shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. County designates the County Judge to act on behalf of County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated and shall devote sufficient time and BANGER LIBRARY 1998-99 attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. IV. Municipality shall designate to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations o£ Municipality as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County. Municipality shall provide to County a copy of the annual report submitted to the Texas State Library and shall respond to County's annual questionnaire as documentation of expenditures and provision of service. V. The Municipality shall be solely responsible for all techniques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions SANQER LIBRARY 1998-99 4) 0 Q of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.011(b). VII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub -contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. VIII. The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub -contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. X. Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of Municipality. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-565-8687 The address of Municipality is: City of Sanger P. 0. Box 578 Sanger, Texas 76266 Attention:Nel Armstrong Telephone:940-458-7930 XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall pay Municipality fees in the amount of $1.20 per capita, totaling SIX THOUSAND THREE HUNDRED FIFTY-THREE DOLLARS ($6,353.00), based upon North Central Texas Council of Governments population BANGER LIBRARY 1998-99 5 ® ®� ? � �_ figures provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments Co Municipality commencing October 1, 1998. In addition, the County agrees to pay Mupality an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching upthe following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match Municipality's additional funding in an amount not to exceed $10,000.00. Payment by County to Municipality shall be made in accordance with the noxmal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. XN. This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not BANGER LIBRARY 1998-99 e QQQy � ,� constitute a waiver of any claim that may otherwise arise out of this agreement. XV. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Municipality and County. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. BANGER LIBRARY 1998-99 7 Executed in duplicate originals in Denton County, the authorized representatives. COUNTY Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: By Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney MUNICIPALITY me.. Title: Resolution # Dated: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Texas by APPROVED AS TO CONTENT: Director, Library Services BANGER LIBRARY 1998.99 0 BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY Carmen Rivera -Worley, Assistant District Attorney (940) 565-8660 Robert Schell, Assistant District Attorney (800) 346=3189 Civil Division Metro (972) 3204802 P.O. Box 2850 Fax (940) 565=8592 Denton, Texas 76201 September 15, 1998 Honorable Nel Armstrong City of Sanger 201 Boliver Street Sanger, TX 76266 Re: Interlocal Cooperation Agreement -Fire Dear Mayor Armstrong: Enclosed please find the fiscal year 1998-99 Interlocal Agreement for Fire Protection Services between Denton County and the City of Sanger. Please obtain the appropriate signatures on the enclosed agreements and then return both to our office within 60 days so that they may be placed on the Commissioners Court Agenda. An original will be returned to you for your files. Thank you for your assistance in questions, please feel free to give me a call. /lb Encls. Le matter and if you have Sincerely, f Lori Bowers, Paralegal any THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this day of, 1998, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COIINTY" and the CITY OF SANGER ", a municipal corporation located in Denton COIINTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of C OIINTY government and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the SANGER FIRE CONTRACT 1998-99 � � � � - s � 1 Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto, NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree as follows: The effective date of this agreement shall be the 1st day of October, 1998. The term of this agreement shall be for the period of October 1, 19986 to and through September 30, 1999. II. Services to be rendered hereunder by CITY are fire protection services normally rendered within the CITY Fire Department as hereinafter defined, to citizens of COUNTY, to wit: A. Availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the CITY Fire Department; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction. of such Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced elsewhere herein and the per -call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. B. The CITY Fire Department shall respond to requests for fire protection services made within COUNTY as set out in Exhibit BANGER FIRE CONTRACT 1998-99 ® ®A 1. � �� 2 "A" attached hereto designated reference. area 23 and incorporated by C. The COUNTY agrees that in the event a fire in the CITY's unincorporated designated area which the CITY considers to be of incendiary nature and upon request by the CITY, the COUNTY Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the CITY shall not be responsible for investigations of suspected incendiary fires in rural area, but shall cooperate with the COUNTY Fire Marshal in immediately relating all pertinent information possible to the investigator(s). E. It is .further agreed that the COUNTY Fire Marshal may assist in the conduct of appropriate investigations of a fire which the CITY considers to be of incendiary nature in the CITY Is incorporated designated area upon request by the CITY. F. It is further agreed that the CITY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton COUNTY Fire Marshal, 110 West Hickory, Denton, Texas 76201. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated designated area. G. It is further agreed that Denton COUNTY Fire Marshal shall provide the forms upon request from the CITY. 0001:�. a BANGER FIRE CONTRACT 1998-99 3 H. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COIINTY and CITY. The COUNTY Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement and provide supervision of COIINTY'S employees, agents, contractors, sub -contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement CITY and shall provide immediate and direct supervision of the employees, agents, contractors, sub -contractors and/or laborers, BANGER FIRE CONTRACT 1998-99 4 if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of CITY and COUNTY. V. For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) upon execution of this agreement and the sum of ONE HUNDRED THIRTY-SEVEN AND 50/100 ($137.50) DOLLARS per fire call in the designated unincorporated areas of Denton COIINTY, Texas. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. CITY understands and agrees that payment by COIINTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of COIINTY, and in conformance wIth applicable state law. COUNTY agrees to provide to CITY an STX 800 Mhz radio for the use of CITY in carrying out the terms of this contract. This radio will remain the property of the COUNTY and will be returned on termination of this agreement. COUNTY will bear the risk of Loss or destruction and make necessary repairs so long as CITY uses the property in a reasonable manner for the purposes of this contact. COUNTY reserves the right to reclaim the property at any time for any reason. It is agreed by COUNTY and CITY that the radio was provided for in previous contracts between COUNTY and CITY. No agreement has been made for an additional radio. BANGER FIRE CONTRACT 1998-99 5 VI. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents while with in its COUNTY limits. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of these laws to the agreement. Insofar as legally possible COUNTY and CITY agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. VIII. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. IX. This agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rats for all services performed to termination date, together with reimbursable expenses then due and as BANGER FIRE CONTRACT 1998-99 8 authorized by this agreement In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. X. The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XI. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. BANGER FIRE CONTRACT 1998-99 7 t XII. This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. The undersigned officer and/or agents of the parties hereto are the property authorized officials and have the necessary authorIty to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XV. Acceptance of this contract constitutes approval of the service area set out in exhibit "A" attached hereto. BANGER FIRE CONTRACT 1998-99 EXECUTED in duplicate originals, 19980 COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 Jeff Moseley Denton COUNTY Judge Acting on behalf of and by the authority of DENTON COUNTY Commissioners Court of Denton COUNTY, Texas, ATTEST: BY: Tim Hodges Denton COUNTY Clerk APPROVED AS TO FORM: Assistant District Attorney APPROVED AS TO CONTENT: Denton COUNTY Fire Marshal this the day of CITY CITY OF BANGER 201 BOLIVAR STREET SANGER, TEXAS 76266 By — Title Acting on behalf of and by the authority of the THE CITY OF SANGER ATTEST: BY: Secretary APPROVED AS TO CONTENT: Fire Chief SANGER FIRE CONTRACT 1998-99 7 rr , c "Saba r — WE Ad42 p .0 VIA Iwo I�, 7 t I to t a 1;6 ease Add 00 ad No '60 On or Ad ads fit 40, 11 Ad. its of AV A; cote ' t'did r •, fir. ::.,ts 0 Moroi Ad • ` ,. fr�.� YEA+•EVE �, '�. 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A' ;"•'i.:: ,v .!7,r•+, Y t�'• •: 5' r. •r'.Y,r ��• !;1 tyt1!± '�: P:1 "Is it a me 09 K'Joe J•NO 0 .µ_ l• Aft_ •1 Y � A 144 �. t Vim ..a: AN ANN t: .1• •:..ta. • iAd 64 u.'�: add 3 •ago; YYV�rr �.p NJ,' i s f !Li6.�i -;A1 �� i'• l 1 'he 46 INTO Ad didadA, 9*4 so At to at as 461 s • Ad 0 •� (7 ei , "� • •, ( N it • do 00_ s';' M 1: N Add — r .O p !� OrNO Is 0 It IN W 0001.F) 0 O O G r1- . •T1 •"t rD C!1 Memorandum C9 To: Tommy Kincaid Glenn Ervin Mike James Jerry Jenkins Alice Madden Carroll McNeill Rose Chavez From: Jack Smith Date: September 16, 1998 Subject: Land Leased from Santa Fe Railroad On March 11, 1997, Larry Keesler wrote to the Regional Land Manager of the Santa Fe Railroad inquiring as to the cost of buying the property we are currently using or a long term lease. (Copy attached) On December 11, 1997, the Area Property Manager, Ms. Rebecca Foster, wrote the City advising of the new lease prices. (Copy attached) On May 13, 1998, 1 spoke with a Mr. Bryan Marsh, a representative of Catellus Management, requesting a purchase price for the land. Today Mr. Marsh called me and advised the following. 1) Of the two pieces of property that the City is currently using,. one is .57 acres and on the west side of the tracks and one is 5.06 acres and on the east side of the tracks. 2) The asking price for these properties are; $ 10,000.00 for the .57 acres and $ 40,000.00 for the omrs acres. 3) The City may continue to lease these properties at the stated lease price per Ms. Fosters' letter, however, if they sell then the City will be faced with negotiating with a new owner. 4) The City may buy either or both of the properties. 000�, �30 City of NOW Mazch 11, 1997 Mr. M. F. Angelo Regional Land Manager Santa Fe Pacific Realty 5429 LBJ Freeway, Suite 600 Dallas, TX 76240-2609 Deaz Mr. Angelo: The City of Sanger is interested in t}te purchase or a long-term lease of the property that the City is presently leasing from you. Would you please respond by letting us know what you would consider to be a reasonable cost of the property or a reasonable long-term lease. Sincerely, Larry W. Keesler City Administrator LWK/cak 0004 3.�. sos HOLIVAR STREET BANGERS TEXAS 76266 s=7.45s-7930 P.O. BOX 578 e17•4sa-4180 FAX December 11, 1997 City of Sanger 201 Bolivar Street P. O. Box 578 Sanger, Texas 76266 Dear Lessee: RE: The Burlington Northern and Santa Fe Railway Company, successor by merger with The Atchison, Topeka and Santa Fe Railway Company, Contract No. 185091 at Sanger , Denton County, Texas ; Rental Anniversary Date: January 1, 1998 Our present agreement, as specified above, provides that said base rental shall be subject to revision to a fair market basis.We are presently reviewing rentals on our system and have found it necessary to establish the minimum amoral rental for the leased properly at $1,200.00 per year. Said base rental will also be subject to rental review at three (3) year intervals. To make a gradual transition to the new rate, we will adjust the rent in two steps. Effective January 1, 1998 it will be $900.00 per year and effective January 1, 1999 it will be $1,200.00 per year, payable annually in advance. You will receive a statement shortly before each date. The next bill you receive for rental will reflect the first increase of $900.00. Effective January 1, 2000, subsequent bills will reflect fluctuation that has occurred in the U.S. Labor Department's Consumer Price Index (CP1) during the most recent twelve (12) month period for which index figures have been released preceding the month in which rental is due. Your continued occupancy of the premises beyond the date rental is due will confirm that you elect to continue on the site under the revised rental program We suggest you file this notice with your copy of the above agreement and appreciate your cooperation in the matter. ff there are any questions, please contact me at (972) 719-6134. Catellus Management Corporation is acting as agent for Burlington Northern Santa Fe Corporation. r Rebecca Area Property RF/;t mrr 1, y CATELLUS MANAGEMENT CORPORATION 4545 Fu��es D�ivr, SUITE 100 I2viNc, TExns 75038 (972) 719-011l FAX (972) 719-G117