City Council

THE CITY OF CHANDLER CITY COUNCIL WILL MEET FOR A REGULAR SCHEDULED MEETING TUESDAY, APRIL 11, 2017 IN THE CITY HALL OF CHANDLER, TEXAS AT 6:00 PM AGENDA A. CALL TO ORDER B. PLEDGE TO THE FLAG C. INVOCATION D. ROLL CALL AND ANNOUNCE IF A QUORUM IS PRESENT E. AGENDA CHANGES F. VISITORS/CITIZENS FORUM: At this time, any person (Limited to the first five to sign up, each will be allowed 3 minutes) with business before the Council not scheduled on the agenda may speak to the Council. No formal action may be taken on these items. G. EXECUTIVE SESSION: Council will go into Executive Session Pursuant to Texas Government Code section 551.071 (contemplated or pending litigation), the Council will discuss the following:  Water Well No. 7 H. REGULAR SESSION: Subjects to be discussed or upon which any formal action may be taken are as follows: 1. Consider and act on actions, if any, from the Executive Session. 2. Public Hearing on Z-17-01 amending the zoning from “R-1” single family residential to “B-1” Retail on an approx. 0.859-acre tract identified as Tract 185, Abstract 799 of the S. Weiss Survey generally located at 305 Hwy 31 East, Chandler, TX. 3. Consider and act on Ordinance O-041117-A amending the zoning from “R-1” single family residential to “B-1” Retail on an approx. 0-859-acre tract identified as Tract 185, Abstract 799 of the S. Weiss Survey generally located at 305 Hwy 31 East, Chandler, TX. 4. Public Hearing to consider amending 3-way Interlocal Agreement adopted by Chandler City Council on January 10, 2017 and Chandler Economic Development on January 5, 2017 authorizing funds from EDC to the City of Chandler to off-set Bond payments for Sawmill Road not to exceed $100,000 over a period of five years. The amendment would be authorizing $200,000 over a period of not to exceed eight years. 5. Consider and act on Resolution R-041117-A amending the 3-way Interlocal Agreement authorizing funds from EDC to the City of Chandler to off-set Bond payments for Sawmill Road not to exceed $200,000 over a period not to exceed eight years. 6. Public Hearing to consider amending the Economic Development Corporation budget adding $25,000 to create a Business Improvement Grant. 7. Consider and act on creating the “Chandler Area Economic Development Corporation Business Improvement Grant Program” and amending the EDC budget adding a line item for Business Improvement Grant in the amount of 25,000.  8. Consider and act on agreement with Isler Demolitions to demolish the old water tower located at 4th Street and Cherry Street. 9. Consider and act on Ordinance 041117-B denying the proposed change in rates of Oncor electric delivery company LLC. 10. Consider and act on Financial Advisor to provide advice and professional recommendations to the City of Chandler for capital financing and provide assistance with possible loan, grant or disadvantaged funding through the Texas Water Development Board (“TWDB”). 11. Consider and act on Bond Counsel to provide assistance with respect to possible loan and/or loan forgiveness funding through the Texas Water Development Board (the “TWDB”) and to provide objective legal opinion with respect to the validity of any evidences of indebtedness (the “Obligations”) issued by the City of Chandler, Texas for financing. 12. Consider and act on Engineering Services to provide for planning, design and construction management phase services associated with the planning, design and construction management of a project or projects that may be funded through the TWDB. 13. Consider and act on awarding the Sawmill Road Extension project in the amount of the base bid $827,602.85 to Capco Construction and the use of ETTL in the testing of soils, reinforcing steel, flexbase, concrete and asphalt along with some limited roadway inspections for an estimated fee of $15,000. 14. Consent Agenda: All matters listed under “Consent Agenda” are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. a) Minutes as written for Regular Council Meeting of March 14, 2017 b) March Financial Report c) March Police Report d) March Library Statistics e) March Museum Statistics f) Budget Watch g) Racial Profiling Report I. Adjournment In compliance with the Americans with Disabilities Act, the City of Chandler will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Shirley Parmer, City Secretary at (903) 849-6853. CERTIFICATION I certify that a copy of the April 11, 2017, agenda of items to be considered by the Chandler City Council was posted on the City Hall bulletin board on April 7, 2017. _________________________ Shirley Parmer, City Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ______ day of ____________, 20___. ______________________________ Title ______________________________ Mayor  CITY OF CHANDLER Staff Report PROJECT: Z-17-01 Nixal: Zoning, Final Plat and Site Plan DATE: PZ: 4-2-16 CC: 4-11-17 REQUEST: The property owner is requesting approval to rezone a .859 portion of the lot (Tract One) and final plat the entire 1.3-acre lot to B-1 from R-1. APPLICANT: Hootie Nix, Nixal Llc PROPERTY OWNER: same PROPERTY Property is a 1.3-acre tract north of Hwy 31, west of Hardee and east of DESCRIPTION: Loving identified as Tract 185, Abstract 799 of the S. Weiss Survey generally located at 305 Hwy 31 East. ZONING: Existing zoning: R-1 Single Family Proposed zoning: B-1 Retail 1 SIZE: Total acreage 1.3 acres OVERVIEW: The owner is requesting the rear .859-acre, Tract One, of the property be rezoned from the existing R-1 residential to B-1 retail. The front of the property, Tract 2 and 3, with the existing building is already zoned B-1. Therefore, only the rear tract is being requested for rezoning. The proposed development is for a dance studio and retail spaces. However, the requested zoning allows other uses as defined in the Zoning Ordinance and all permitted uses should be considered. Eighteen letters were mailed to property owners within 200 feet of the subject property. Applicant has tabled the Final Plat and site plan due to coordination issues with Oncor. These will be considered by the Planning and Zoning Commission in May. Signage will be addressed during the site plan approval process. RECOMMENDED Consider and act on Ordinance O-041117 A approving a Zoning Change of ACTION: an .859-acre tract from R-1 to B-1. Planning and Zoning Commission is recommending approval as presented. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Ordinance O-041117 with Exhibit A Draft Site Plan for Nixal, LLC 2  ORDINANCE NO. O-041117-A AN ORDINANCE OF THE CITY OF CHANDLER, TEXAS AMENDING THE CITY ZONING ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Chandler, as an incorporated municipality in the State of Texas, has been given the authority by Chapter 211 of the Local Government Code to establish zoning and amend zoning in accordance with Chapter 211; and WHEREAS, the City Council of the City of Chandler has heretofore adopted zoning ordinances for the City of Chandler, Texas, which regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape and area as may be best suited to carry out these regulations; and WHEREAS, all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication, and procedural requirements for zoning of property have been complied with; and WHEREAS, a public hearing was held by the Planning and Zoning Commission on April 4, 2017 and by the City Council of the City of Chandler on April 11, 2017 and a recommendation has been received from the Planning and Zoning Commission with respect to the amendments described herein; and WHEREAS, the City Council of the City of Chandler does hereby deem it advisable and in the public interest to amend the Zoning Ordinances of the City of Chandler, Texas, so that henceforth and hereafter the Zoning Ordinance is amended; THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Texas as follows: Section 1 The property described in Exhibit A, as Tract One, is hereby declared to be zoned B-1 from R-1. Section 2 The City Zoning Map shall be updated to properly demonstrate the property rezoned in Section 1. Section 3 This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Chandler, and this ordinance shall not operate to repeal or affect the Code of Ordinances of the City of Chandler or any other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such Code of Ordinances or any other ordinances are hereby repealed. Section 4 It is hereby declared to be the intention of the Chandler City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court or competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5 Any person, firm, association of persons, corporation, or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00 per offense. Each day that a violation occurs shall be deemed a separate offense. Section 6 This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the laws of the State of Texas. Passed and approved by the Chandler City Council on the 11th day of April, 2017 and effective upon passage. __________________________ __________________________ Mayor Libby Fulgham Shirley Parmer, City Secretary CITY OF CHANDLER Staff Report PROJECT: Amending the 3-way Interlocal Project Agreement. DATE: City Council: 4/11/2017 REQUEST: Consider and act on Resolution R-041117-A amending the 3-way Interlocal Agreement authorizing funds from EDC to the City of Chandler to off-set Bond payments for Sawmill Road not to exceed $200,000 (previously $100,000) over a period not to exceed eight (previously five) years. STAFF REVIEW: The EDC Board voted to approve the above-mentioned changes to the Project Agreement on March 28th. RECOMMENDED Consider and act on Resolution R-041117-A amending the 3-way ACTION: Interlocal Agreement authorizing funds from EDC to the City of Chandler to off-set Bond payments for Sawmill Road not to exceed $200,000 over a period not to exceed eight years. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Resolution # R-041117-A Amended Project Agreement 1  RESOLUTION NO. R-041117-A A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED PROJECT AGREEMENT BETWEEN THE CITY OF CHANDLER, CHANDLER AREA ECONOMIC DEVELOPMENT CORPORATION AND THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, CHANDLER, TEXAS; APPROVING THE EXPENDITURE OF FUNDS BY THE CORPORATION IN CONNECTION THEREWITH; AND CONTAINING OTHER PROVISIONS RELATED THERETO WHEREAS, the City Council of the City (the "City Council") has determined to undertake a project to pay the costs to acquire, construct, install and equip street, water and sewer and drainage improvements for the Sawmill Road project (the "Project"); WHEREAS, the Project is being undertaken for the benefit of the residents of the City and include expenditures required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises; WHEREAS, there has been presented to this City Council an Amended Project Agreement between the City, the Chandler Area Economic Development Corporation (the "Corporation") and the Board of Directors (the "Board") of Reinvestment Zone No. One, Chandler, Texas (the "Zone"), pursuant to which the Corporation and the Board have agreed to pay a portion of certain costs of the Project by making payments to the City as prescribed in the Amended Project Agreement; WHEREAS, this City Council finds and determines that it is appropriate and in the best interest of the City to enter into the Amended Project Agreement in order to provide the Project for the City and its citizens; WHEREAS, the purposes for which the Amended Project Agreement are to be executed and delivered by the Corporation and the Board are within the purposes for which the Corporation and the Zone were created; WHEREAS, Texas Local Government Code, Section 501.073 requires that the City approve the programs and expenditures of the Corporation; WHEREAS, the original Project Agreement was approved January 10, 2017 and was based on projected Debt Service payments; WHEREAS, Actual Debt Service Payment schedule shows the need to increase the EDCs contribution amount to the Insufficiency and the term limit of the payments; WHEREAS, the EDC Board voted to approve the amendment to Section 3 (b) of the Project Agreement on March 28, 2017 and WHEREAS, this City Council finds and determines that it is necessary and appropriate to approve the execution and delivery of the Amended Project Agreement for the purposes provided herein, as a program of the Corporation, and to approve the expenditure of funds of the 1 Corporation to pay certain costs of the Project as set forth in the Amended Project Agreement; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANDLER, TEXAS: Section 1. The statements contained in the preamble of this Resolution are true and correct and are adopted as findings of fact and operative provisions hereof. Section 2. The Amended Project Agreement in substantially the form presented at this meeting is hereby approved and the Mayor is hereby authorized and directed to execute and deliver the Amended Project Agreement. Section 3. The execution and delivery by the Corporation of the Amended Project Agreement, the undertaking of the payment of certain costs of the Project by the Corporation and the Corporation's expenditure of funds to pay certain costs of the Project as set forth in the Amended Project Agreement are hereby approved as a program of the Corporation, pursuant to Texas Local Government Code, Section 501.073. PASSED AND APPROVED by City Council in Chandler, Texas, on this the 11th day of April, 2017. The City of Chandler, Texas ________________________________ Libby Fulgham, Mayor _____________________________________ Shirley Parmer, City Secretary 2  AMENDED PROJECT AGREEMENT THIS AMENDED PROJECT AGREEMENT ("Agreement"), effective as of the date of the last executed signature on the signature page hereof, is executed by and between the City of Chandler, Texas (the "City"), the Chandler Area Economic Development Corporation (the "EDC") and the Board of Directors (the "Board") of Reinvestment Zone No. One of Chandler, Texas. WITNESSETH WHEREAS, the EDC is a nonprofit corporation duly established and created by and on behalf of the City pursuant to The Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended, and now operating under the provisions of Title 12, Subtitle C1, Texas Local Government Code (the "Corporation Act"); WHEREAS, at an election held on August 9, 1997, in accordance with the provisions of the Corporation Act, the voters of the City approved and the City collects a one-half of one percent sales and use tax for the benefit of the EDC to be used exclusively for the purposes set forth in the Corporation Act; WHEREAS, pursuant to Ordinance No. 0-120815 adopted on December 8, 2015, the City created Reinvestment Zone No. One of Chandler, Texas (the "Zone"); WHEREAS, the City Council of the City (the "City Council") has determined to undertake projects to acquire, construct, install and equip street, water and sewer and drainage improvements for the Sawmill Road project within the Zone (together, the "Improvements"); WHEREAS, the Board of Directors of the EDC has determined that the Improvements are required or suitable to promote or develop new or expanded business enterprises within the City; WHEREAS, the Board of Directors of the Zone has determined that the Improvements will promote the development and redevelopment of property within the Zone, will enhance the value of taxable real property in the Zone and will be of general benefit to the City; WHEREAS, after due consideration of the available means to finance the costs of the Improvements, the benefit to the City, the EDC, the Zone and the citizens of the City of providing the Improvements, and the purposes for which the EDC and the Zone were created, the City, the EDC and the Board have determined that the City will issue its Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2017 (the "Certificates") secured by the City's ad valorem tax taxing authority with the understanding and agreement that the Zone and the EDC will each provide funds to timely make all principal and interest payments on the Certificates to the extent such funds are available; and 1  WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement with respect to the Improvements to set forth the duties and responsibilities of the respective parties for the implementation and funding of the Improvements. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN MADE, AND SUBJECT TO THE CONDITIONS HEREIN SET FORTH, THE CITY, THE EDC AND THE BOARD AGREE AS FOLLOWS: Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. (a) The terms used in this Agreement, unless the context shows clearly otherwise, shall have meanings set forth herein, including terms defined in the preambles hereto, which preambles are incorporated in and made a part hereof for all purposes. (b) The term "Available TIRZ Funds" shall mean, at the time an accounting is made in accordance in Section 3(a) herein, the amount of funds available in the TIRZ Fund less the Retained Amount. (c) The term "Debt Service Payment Date" means a date on which principal of and/or interest on the Certificates is due and payable. (d) The term "Insufficiency" means the difference between (i) the amount of principal of and interest on the Certificates due on any Debt Service Payment Date and (ii) the amount of Available TIRZ Funds at the time an accounting is made in accordance in Section 3(a) herein. (e) The term "Outstanding" means, as of the date of determination, all Certificates sold, issued and delivered by the City, except: (i) those Certificates canceled or delivered to the transfer agent or registrar for cancellation in connection with the exchange or transfer of such Certificates; (ii) those Certificates paid or deemed to be paid in accordance with the provisions of the ordinance authorizing their issuance; and (iii) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement obligations have been registered and delivered in lieu thereof. (f) The term "Retained Amount" shall mean, at the time an accounting is made in accordance in Section 3(a) herein, an amount equal to $1,000, which shall be retained in the TIRZ Fund to pay administrative and other expenses of the Zone other than costs of projects Section 2. FINANCING OF IMPROVEMENTS. The parties agree that the costs of the construction of the Improvements will be paid from the proceeds of the Certificates to be issued and sold by the City pursuant to an ordinance (the "Ordinance") and pursuant to Subchapter C of Chapter 271, Texas Local Government Code, as amended, in a principal amount not to exceed $1,600,000 and a maximum maturity not to exceed 21 years. The City, the EDC and the Board have entered into this Agreement to establish that the EDC and the Board agree to pay any of the amount of principal and interest on the Certificates due on any Debt Service Payment Date. Upon the sale of the 2 Certificates by the City, a schedule of principal and interest payments (each a "Debt Service Payment" and collectively, the "Debt Service Payments") and the due dates therefor (each a "Debt Service Payment Date" and collectively, the "Debt Service Payment Dates") shall be attached as Exhibit A hereto and incorporated herein. Section 3. OBLIGATIONS OF THE CITY AND EDC. (a) At least thirty business days prior to each Debt Service Payment Date for the Certificates, the City shall make an accounting of Available TIRZ Funds to determine whether the amount of such Available TIRZ Funds are sufficient to make the next following Debt Service Payment on the Debt Service Payment Date. If the City determines that the Available TIRZ Funds will be insufficient to timely make such Debt Service Payment in full, the City shall provide written notice (the "Notice") to the EDC of the Insufficiency. The Notice shall state: (i) the applicable Debt Service Payment Date to which the Notice relates; (ii) that Available TIRZ Funds are not sufficient amount to enable the City to pay the Debt Service Payment in full; (iii) the amount of the Insufficiency; (iv) that the EDC is responsible to pay to the City, no later than fifteen days prior to the applicable Debt Service Payment Date, the amount of the Insufficiency. Any defect or insufficiency in the timeliness or the content of any Notice shall not relieve the EDC of its obligations under this Section 3. (b) Upon receipt of the Notice, the EDC agrees to pay to the City the amount of the Insufficiency, provided that (i) the total amount to be paid by the EDC to the City pursuant to this agreement shall not exceed $200,000, and (ii) the obligation of the EDC to make payments to the City pursuant to this agreement shall terminate after the Debt Service Payment Date that first occurs after EIGHT years from the date of this agreement. (c) Upon receipt of the funds, the City shall apply the funds in accordance with the Ordinance and the Paying Agent/Registrar Agreement executed in connection with the Certificates. (d) The City, the EDC and the Board acknowledge that the City shall not be obligated to repay the EDC or the TIRZ Fund for any funds paid by the EDC and the TIRZ to the City pursuant to this Section 3. (e) Funds on deposit in the TIRZ Fund in excess of the amounts necessary to pay Debt Service Payments, calculated as of May 1, of each year for all Debt Service Payments coming due prior to the next May 1, may be used for any lawful purpose of the TIRZ. Section 4. CONSTRUCTION CONTRACTS; OWNERSHIP OF THE IMPROVEMENTS. (a) The City will construct the Improvements and the Improvements will be owned by the City. 3  (b) The City shall be solely responsible for maintenance and operating costs of the Improvements. Section 5. FINANCING OF THE IMPROVEMENTS, CONSTRUCTION AND COMPLETION. The City agrees that upon receipt of the proceeds of sale of the Certificates it will proceed with due diligence with the construction and completion of the Improvements. Section 6. NO RIGHT TO CONTROL REMEDIES. Notwithstanding anything contrary in this Agreement, it is expressly agreed and acknowledged that the EDC and the Board shall have no rights under the Ordinance to control or direct any proceedings or remedies described under such Ordinance. Section 7. REGULATORY BODIES. This Agreement shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 8. COUNTERPARTS. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Section 9. SEVERABILITY. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 10. TERM OF AGREEMENT. The term of this Agreement shall be for the period during which the Certificates (or any obligations issued to refund the Certificates) are Outstanding. (Execution Page Follows) 4  IN WITNESS WHEREOF, the City, EDC and Board, each acting under authority of their respective governing bodies have caused this Agreement to be duly executed and effective as of the date first set forth above. CITY OF CHANDLER By: _________________________ Mayor Date: ________________________ CHANDLER AREA ECONOMIC DEVELOPMENT CORPORATION By: _________________________ President Date: ________________________ REINVESTMENT ZONE NO. ONE OF CHANDLER, TEXAS By: _________________________ Chairman Date: ________________________  Bond Debt S ervice Chandler, City of (General Obligation Debt) Combination Tax and Limited S urplus Revenue C/Os, S eries 2017 Period Annual Debt Ending Principal Interest Debt S ervice S ervice 4/15/2018 $ - $ 53,083 $ 53,083 $ 53,083 10/15/2018 60,000 26,250 86,250 4/15/2019 - 25,650 25,650 111,900 10/15/2019 60,000 25,650 85,650 4/15/2020 - 25,050 25,050 110,700 10/15/2020 60,000 25,050 85,050 4/15/2021 - 24,450 24,450 109,500 10/15/2021 65,000 24,450 89,450 4/15/2022 - 23,475 23,475 112,925 10/15/2022 65,000 23,475 88,475 4/15/2023 - 22,500 22,500 110,975 10/15/2023 65,000 22,500 87,500 4/15/2024 - 21,525 21,525 109,025 10/15/2024 70,000 21,525 91,525 4/15/2025 - 20,475 20,475 112,000 10/15/2025 70,000 20,475 90,475 4/15/2026 - 19,425 19,425 109,900 10/15/2026 75,000 19,425 94,425 4/15/2027 - 18,300 18,300 112,725 10/15/2027 75,000 18,300 93,300 4/15/2028 - 16,800 16,800 110,100 10/15/2028 80,000 16,800 96,800 4/15/2029 - 15,200 15,200 112,000 10/15/2029 80,000 15,200 95,200 4/15/2030 - 13,600 13,600 108,800 10/15/2030 85,000 13,600 98,600 4/15/2031 - 11,900 11,900 110,500 10/15/2031 90,000 11,900 101,900 4/15/2032 - 10,100 10,100 112,000 10/15/2032 95,000 10,100 105,100 4/15/2033 - 8,200 8,200 113,300 10/15/2033 95,000 8,200 103,200 4/15/2034 - 6,300 6,300 109,500 10/15/2034 100,000 6,300 106,300 4/15/2035 - 4,300 4,300 110,600 10/15/2035 105,000 4,300 109,300 4/15/2036 - 2,200 2,200 111,500 10/15/2036 110,000 2,200 112,200 112,200 $ 1,505,000 $ 658,233 $ 2,163,233 $ 2,163,233 CITY OF CHANDLER Staff Report PROJECT: Business Improvement Grant DATE: City Council: 4/11/2017 REQUEST: Consider and act on the creation of the Business Improvement Grant Program and amend the EDC budget to add $25,000 to fund this program. STAFF REVIEW: Section 1. Sponsor Chandler Area Economic Development Corporation (CAEDC) Section 2. Purpose The purpose of this Program is to enhance the economic vitality of the City of Chandler by encouraging visually appealing physical improvements to existing businesses within the Chandler city limits. Section 3. Grant Type A. FAÇADE IMPROVEMENT: Improvements to storefronts, including, but not limited to, items such as painting, reconstruction and remodeling Up to 50% matching grant with maximum of $10,000 B. SIGN IMPROVEMENTS: Sign renovations on legal conforming signs and new signs when replacing an existing non-conforming sign. (Work on existing non-conforming signs not applicable.) Up to a 50% matching grant with a maximum of $5,000 C. PROPERTY IMPROVEMENT: Items such as landscaping, lighting, sidewalk, drainage, driveway, and parking lot improvements Up to 50% matching grant with maximum of $10,000 D. DEMOLITION IMPROVEMENT: Demolition of signs or structures Up to a 50% matching grant with maximum of $10,000 1 Section 4. Application & Approval A. Applications must be made on a form provided by CAEDC and may be obtained at the Chandler Area Economic Development office at 811 Hwy 31 E, Chandler, TX 75758 or on the CAEDC website at www. http://www.chandlertx.com. B. One (1) original and one (1) copy of an application must be submitted. C. Proof of ownership of the property will be required of Applicants. D. An Applicant operating in a leased facility must apply jointly with property owner. Copies of a lease agreement and proof of ownership will be required. E. All applications must contain a cost estimate (bid) from a minimum of two (2) qualified contractors or suppliers. F. CAEDC may request additional information or clarification from Applicant. G. Application should include photos of the existing condition to be improved and a rendition of improvements to be made. H. CAEDC may approve an application grant with provisions, conditions or other requirements as it may from time-to-time deem appropriate. I. Applications may include multiple grant type requests for the same business. J. Applicants will be notified in writing of CAEDC’s approval or disapproval of an application. If approved, a Grant Agreement will be presented to Applicant for signature, to then be presented to the City of Chandler EDC Board and City Council for approval. Section 5: Restrictions A. Labor provided by the Applicant or his/her employees may not be included in the cost estimate of the project and is not reimbursable through this Grant Program, as grants provided are reimbursement grants, for a cash match of 50% of funds expended by an Applicant, not to exceed the amounts set out in Section 3. B. Grant Funding will be limited to one (1) grant type to any one (1) Applicant or joint Applicant during a calendar year. However, multiple grant types may be applied for through one application. C. Business facilities also serving as a residence are not eligible nor are properties zoned residential. D. Applicants, businesses and/or properties which have outstanding financial obligations to CAEDC or the City of Chandler, such as liens, court fines, city utility bills, or delinquent property taxes are not eligible. E. Improvements must be made in accordance with project drawings, specifications, and information provided in the application and as approved by CAEDC. F. Applicant must obtain all applicable permits related to the improvement project. 2  G. Applicant may not knowingly employ an undocumented worker as defined by law. H. If landscaping is considered as part of the grant, an underground irrigation system shall be employed and landscaping shall be irrigated and maintained and warranted by the Applicant for a minimum of (1) year from the date of installation to be replaced by Applicant if the landscaping becomes deceased, damaged or dies. I. Improvements may not commence prior to having received written approval for a grant from CAEDC, execution of a Grant Agreement and approval of the City of Chandler City Council. J. Improvements must be completed within six (6) months of the approval of the Grant Agreement by the City of Chandler. K. Grants are subject to approval by the City of Chandler City Council. L. Applicant shall fully comply with all federal and Texas laws, including, but not limited to those involving civil rights, employment, drug-free workplace, the handicapped, and specifically agrees that it will not discriminate against any person on the basis of race, color, national origin, sex or by reason of being disabled. Section 6. Evaluation of Applications A. CAEDC reserves the sole discretion to approve or deny a grant application. The Applicant accepts that decisions relating to the award of grant funds involves subjective judgments on the part of CAEDC, including the aesthetics of the proposed project, the proposed project as an improvement to the property, the benefit to the City of Chandler, total funds to be expended by Applicant, productive life of improvements and the availability of funds budgeted by CAEDC. B. CAEDC reserves the right to utilize outside resources it deems necessary for assistance in its decision making process. C. CAEDC reserves the right to waive any requirement(s) herein contained, and/or add any requirements it deems appropriate in making its determination of approval or disapproval of a grant application. Section 7. Funding A. Applicant shall provide CAEDC with written notification of project completion by letter stating that all improvements have been completed in accordance with the application, approval and Grant Agreement, and that full payments have been made for all labor and materials with attached paid receipts for materials and labor, required permits, inspection reports and project photographs. B. Upon receipt of a notification of completion, an on-site inspection may be made by a representative or representatives of CAEDC. Such inspection shall not be considered in any way as a reflection 3  of CAEDC’s approval on the quality, safety, reliability of the improvements, such being the sole responsibility of Applicant. C. Following on-site inspection, CAEDC will review the findings and request additional information if needed and notify the Applicant of compliance or items of non-compliance. Failure to correct the items of non-compliance within thirty (30) days of notice thereof shall be cause for cancellation of the Grant Agreement. D. On finding by the CAEDC Board of Directors of completion of the project and approval, payment of the grant funds will be made. Section 8. General A. The CAEDC Board reserves unto itself the right to amend or end this Grant Program as it may from time-to-time find desirable. B. This Grant Program does not create any property, contract, or other legal rights in any person. C. CAEDC, its employees and its agents, do not attest to the quality, safety, or construction of a project eligible for, or receiving grant funding. RECOMMENDED Consider and act on the creation of the Business Improvement Grant ACTION: Program and amend the EDC budget to add $25,000 to fund this program. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Grant Checklist Grant Agreememt 4 CHANDLER AREA ECONOMIC DEVELOPMENT CORPORATION CHECKLIST FOR BUSINESS IMPROVEMENT GRANT 1. Review the Business Improvement Grant Program prior to the submission of a grant application. 2. Submit the original and one (1) copy of the completed application. 3. All parties having an ownership in the business or property must be parties to this application. 4. Applications must be submitted by both the lessee and the lessor for businesses operating in leased facilities. 5. Applications must contain a minimum of two (2) cost estimates from qualified contractors and/or suppliers. 6. Applications must include project plans, specifications and should include drawings and photographs. 7. Applications should include photos of existing conditions. 8. Application may be submitted to and additional information obtained from: Chandler Business Improvement Grant Program Chandler Area Economic Development Corporation P O Box 425 811 Hwy 31 E Chandler, TX 75758 (903)360-7779 or (903)849-6853 jmoffeit@chandlertx.com  BUSINESS IMPROVEMENT GRANT AGREEMENT THIS AGREEMENT is entered into by and between Chandler Area Economic Development Corporation (“CAEDC”), a Texas non-profit corporation and Type B Economic Development Corporation, whose address is P.O. Box 425, 811 Hwy 31 E, Chandler, TX 75758, and _________________________________________ (“APPLICANT” whether one or more), whose current address is __________________________________________________. I. RECITALS 1. CAEDC is an Economic Development Corporation, organized under the Texas Development Corporation Act of 1979, Article 5190.6, Sec. 4B of Vernon’s Texas Civil Statutes, now Section 501 et seq. of the Texas Local Government Code (the Act), and (Chandler). 2. CAEDC has adopted Business Improvement Grant Program (“GRANT PROGRAM”), as amended __________________________, 2017. 3. APPLICANT has submitted its Application dated _________________________ for a Business Improvement Grant (“APPLICATION”). 4. CAEDC has found that the improvements of APPLICANT’S property will encourage economic development in Chandler and will add to the tax rolls of Chandler and other local taxing entities and CAEDC has approved a grant to APPLICANT of a cash match of funds disbursed by APPLICANT not to exceed a grant of $_________________. NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The GRANT PROGRAM, APPLICATION and APPLICATION GRANT APPROVAL are incorporated herein by reference as if specifically set forth herein. 2. APPLICANT accepts such grant. 3. APPLICANT will secure completion of the improvements in compliance within its APPLICATION, the GRANT APPLICATION APPROVAL and the GRANT PROGRAM within six (6) months of the date hereof. 4. APPLICANT will obtain all permits required by the City of Chandler or other government authorities required for the improvement project.  5. CAEDC, by its representative, shall have the right to inspect during the construction of the improvements and following notice of completion to appraise compliance with the APPLICATION, the GRANT APPLICATION APPROVAL and the GRANT PROGRAM. II. FUNDING A. APPLICANT shall provide CAEDC with written notification of project completion by letter stating that all improvements have been completed in accordance with the APPLICATION and GRANT APPLICATION APPROVAL and GRANT PROGRAM, and that full payments have been made for all labor and materials with attached paid receipts for materials and labor, required permits, inspection reports, and project photographs. B. Upon receipt of a notification of completion, an on-site inspection may be made by a representative or representatives of CAEDC. Such inspection shall not be considered in any way as a reflection of CAEDC’s approval on the quality, safety, or reliability of the improvements, such being the sole responsibility of APPLICANT. C. Following on-site inspection, CAEDC will review the findings and request additional information if needed, and notify the APPLICANT of compliance or items on non- compliance. Failure to correct the items of non-compliance within thirty (30) days of notice thereof shall be cause for cancellation of the GRANT AGREEMENT. D. On finding by the CAEDC Board of Directors of completion of the project, as per the terms of the APPLICATION, the GRANT APPLICATION APPROVAL and the GRANT AGREEMENT, payment of the grant funds will be made. III. REPRESENTATIONS AND WARRANTIES APPLICANT represents and warrants to CAEDC that: 1. APPLICANT has requisite power and authority, corporate or otherwise, to conduct its business and to own its present assets, and to perform all of its obligations under this GRANT AGREEMENT and will maintain its corporate existence in the State of Texas. 2. The execution, delivery and performance by APPLICANT of the GRANT AGREEMENT has been duly authorized by all necessary action, corporate or otherwise, and does not and will not violate any provision of any existing law, rule, regulation, contract or lien by which APPLICANT or its property or asset is bound or affected. 3. No litigation or governmental proceeding is pending or, to the knowledge of APPLICANT or APPLICANT’S officers, threatened against or affecting APPLICANT which may result in any material adverse change in APPLICANT’S business properties or operation. 4. No consent, approval or authorization of or registration or declaration with any governmental authority is required in connection with the execution and delivery of this GRANT AGREEMENT or the performance contemplated hereby. 5. APPLICANT is aware of statutory limitations on this grant and the use of funds by law and acknowledges that the funds herein granted shall be utilized solely for purposes authorized under law and by the terms of this GRANT AGREEMENT. In the event that an audit determines that the financial incentives granted under this GRANT AGREEMENT were not used for proper purpose, APPLICANT agrees to reimburse CAEDC for the sums of money spent for purpose not authorized under law and by the terms of this GRANT AGREEMENT. In the event that an audit determines that the financial incentives granted under this GRANT AGREEMENT were not used for proper purposes, APPLICANT agrees to reimburse CAEDC for the sums of money spent for purposes not authorized by law or this GRANT AGREEMENT, with interest at the rate of 18% per annum from the date that the money was spent for purpose not authorized by law or this GRANT AGREEMENT. 6. APPLICANT does not and will not knowingly employ an undocumented worker, as defined by law. If, after receiving a public subsidy, APPLICANT is convicted of a violation, APPLICANT shall repay the amount of the public subsidy paid by CAEDC to APPLICANT with interest at the rate of 18% per annum, not later than the 120 days after the date that APPLICANT receives notification of such a violation. 7. APPLICANT shall fully comply with all federal and Texas laws including but not limited to those involving civil rights, employment, drug-free workplace, and the handicapped and specifically agrees that it will not discriminate against any person on the basis of race, color, nation origin, sex or by reason of being disabled. 8. APPLICANT will use its best effort to continue operations in Chandler, Henderson County, Texas. 9. APPLICANT shall pay all ad valorem taxes due and owing by it to the City of Chandler and all other taxing authorities having jurisdiction when due. APPLICANT shall also pay any and all water and sewer bills owing to the City of Chandler when due. In addition, APPLICANT will pay all employment, income, franchise and all other taxes due and owing by it to all local, state and federal government entities. 10. APPLICANT will properly render all capital improvements, personal property and equipment with the Henderson County Appraisal District, and will list the City of Chandler as the taxable situs of all its personal property located on the property. 11. If APPLICANT’S operations, past or present, cause the City of Chandler or CAEDC to be fined by any governmental entity, CAEDC will have no further obligations under this GRANT AGREEMENT and APPLICANT agrees to repay the City of CAEDC for such fines, penalties and expenses within 30 days. IV. REMEDIES 1. Upon default, the non-defaulting party shall have the right to seek any remedy available in law or equity including, termination of this GRANT AGREEMENT, recovery of Grant funds, attorney fees incurred and interest at the rate of 5%. 2. Any controversy between the parties to the GRANT AGREEMENT involving the performance construction or application of any of the terms, covenants, or conditions of this GRANT AGREEMENT shall be resolved first through good faith negotiations and discussions by the parties to the GRANT AGREEMENT including the assistance of professional mediation, if requested by any party. If such efforts are unsuccessful, on the written request of one party served on the other, the controversy shall first be submitted to arbitration, and such arbitration shall comply with and be governed by the provision of the Texas General Arbitration Act (Texas Civil Practice and Remedies Code Section 171.001 et seq.). Should any litigation be commenced between parties to this GRANT AGREEMENT, concerning this GRANT AGREEMENT or the rights and duties of each party under this GRANT AGREEMENT, the party prevailing un such litigation shall be entitled, in addition to any other relief granted, to recover its attorney’s fees and other expenses incurred in such litigation. V. GENERAL PROVISIONS 1. All representations, warranties, covenants and agreements, as well as rights and benefits for the parties to this GRANT AGREEMENT shall survive the payment of grant funds to APPLICANT. 2. This GRANT AGREEMENT may not be assigned by APPLICANT without the prior written consent of CAEDC. No such assignment shall relieve APPLICANT of any of its obligations under this GRANT AGREEMENT. 3. The GRANT AGREEMENT may not be amended, modified, altered or changed unless in writing, signed by both parties to this GRANT AGREEMENT. 4. APPLICANT will hold CAEDC, its employees and its agents harmless for any damages, both personal and property, which may result directly or indirectly from any incident associated with project both during and after construction, and that CAEDC, its employees, and its agents shall not be liable for any  debts incurred in association with the execution and completion of the subject project of this APPLICATION. 5. If the APPLICANT is convicted of a violation under 8 U.S.C. Section 1324a (f), the Grantee will reimburse the Grantor the total amount of any payment or incentive made to, or on behalf of, the Grantee within one hundred twenty (120) days after the conviction and CAEDC’s notification to the Grantee of the exercise of CAEDC’s reimbursement remedy. 6. CAEDC, its employees, and its agents, do not attest the quality, safety, or construction of a project eligible for, or receiving grant funding. 7. This GRANT AGREEMENT shall be binding upon an inure to the benefit of the parties and their respective heirs, administrators and assigns. 8. No failure or delay on the part of CAEDC in exercising any right, power, or exercise hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No notice to or demand on APPLICANT in any case shall entitle APPLICANT to any other or further notice or demand in similar or other circumstances. 9. All notices, consents, requests, demands, and other communication hereunder shall be in writing and shall be deemed to have been duly given to the party hereto if mailed by certified mail, prepaid, to the address shown above. 10. Time is of the essence of this agreement. 11. Neither party will be liable for delays or failure in its performance hereunder to the extent that such delay or failure is caused by acts of God, war, terrorism or threats of terrorism, natural disaster, strike, lockout, labor dispute, work stoppage, fire, third-party criminal act, quarantine restriction, act of government, or other events outside of the reasonable control of a party (a “Force Majeure Event”); provided that the delayed party took reasonable precaution to prevent the impact of the Force Majeure Event. 12. This GRANT AGREEMENT shall be deemed contracts made under the laws of the State of Texas and for all purpose shall be construed in accordance with the Laws of said State. Venue shall be in Henderson County, Texas. 13. The term APPLICANT as used herein and shall include any and all CO- APPLICANTS. 14. The providing of this GRANT AGREEMENT by CAEDC to APPLICANT by any means of delivery constitutes an offer by CAEDC to APPLICANT to  accept this GRANT AGREEMENT on the terms and conditions contained therein. If APPLICANT has not accepted the offer by ninety (90) days from the date executed by CAEDC, the offer will lapse and the offer and this GRANT AGREEMENT shall become null and void. Executed on the date shown opposite the signature of each party. APPLICANT: Signed_____________________________ Date____________ Printed Name_______________________________ Signed_____________________________ Date____________ Printed Name_______________________________ Chandler Area Economic Development Corporation By __________________________________ Date_______________________ Director CITY OF CHANDLER Staff Report PROJECT: Demolition of water tower. DATE: City Council: 4/11/2017 REQUEST: Consider and act on authorizing Iseler Demolition, Inc. to demolish the old water tower located at Fourth Street and Cherry Street. STAFF REVIEW: The old water tower located adjacent to the newer water tower has no benefit to the overall water system. It is in fact, a liability and a financial burden due to the fact that TCEQ requires the city to continue to maintain and inspect it even though it has no value to the overall water system. The city has had plans to remove the old water tower however, it was not contemplated as a project this year. The plans for the adjacent cell tower to be removed and a newer cell tower to be built even closer to the old water tower caused the project to get moved up. To facilitate the project and to make it more affordable this year American Tower has committed to fund $8,000 to the Water Tower demolition project. The attached quote from Iseler Demolition is for $16,700. The city’s cost will be $8,700 which will come from the Utility Fund for water projects. The intent is for Iseler to do our job in conjunction with a project in Henryetta, Oklahoma in late May to mid-June. They will need to block Fourth Street for one day and will take precautions to protect the adjacent houses. RECOMMENDED Consider and act on authorizing Iseler Demolition, Inc. to demolish the ACTION: old water tower located at Fourth Street and Cherry Street. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Iseler Demo Bid Liability Insurance 1 2 CITY OF CHANDLER Staff Report PROJECT: Rate change for Oncor electric. DATE: City Council: 4/11/2017 REQUEST: Consider and act on Ordinance O-041117-B denying the proposed change in rates of Oncor electric delivery company LLC. STAFF REVIEW: Oncor is the provider for electricity in the City of Chandler. A proposed change in rates was recently filed with Chandler by Oncor Electric Delivery Company LLC on March 17, 2017. The attached Ordinance denies this rate change. The ordinance also requests that Oncor Electric Delivery Company LLC shall continue to provide electric delivery service within this municipality in accordance with its rate schedules and service regulations in effect within this municipality on March 17, 2017. If passed, it will deny Oncor’s pending rate case and send it to the PUC for appeal and a final decision. Typically, the PUC holds hearings and all interested parties negotiate a settlement which becomes the new rate. The city must take action in 35 days or the rates go into effect. At that point residents of Chandler would be paying higher rates than other communities in Texas. RECOMMENDED Consider and act on Ordinance O-041117-B denying the proposed ACTION: change in rates of Oncor electric delivery company LLC. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Ordinance O-0411117-B 1  ORDINANCE NO. O-041117-B AN ORDINANCE DENYING THE PROPOSED CHANGE IN RATES OF ONCOR ELECTRIC DELIVERY COMPANY LLC, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND DECLARING AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF Chandler, TEXAS: SECTION 1. That the proposed change in rates filed with the Governing Body of this municipality by Oncor Electric Delivery Company LLC on March 17, 2017, are hereby denied and disapproved, and Oncor Electric Delivery Company LLC shall continue to provide electric delivery service within this municipality in accordance with its rate schedules and service regulations in effect within this municipality on March 17, 2017. SECTION 2. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public and as required by law, and public notice of the time, place and purpose of said meeting was given as required. SECTION 3. This Ordinance shall be effective on the date of the passage and approval hereof. PASSED AND APPROVED at a regular meeting of the City Council of Chandler, Texas, on this the 11th day of April, 2017. ________________________________ Mayor Chandler ATTEST: __________________________ City Secretary STATE OF TEXAS § COUNTY OF HENDERSON § CITY OF CHANDLER § Page 1 CITY OF CHANDLER Staff Report PROJECT: Agreements with Engineer, Bond Counsel, and Financial Advisor for Water Development Board application for funding of proposed improvements to Water Well #4. DATE: City Council: 4/11/2017 REQUEST: Consider and act on the following three separate agenda items: 1. Enter into an agreement with RBC Capital Markets to provide advice and professional recommendations to the City of Chandler for capital financing and provide assistance with possible loan, grant or disadvantaged funding through the Texas Water Development Board (“TWDB”). 2. Entering into an agreement with MPH for Bond Counsel assistance with respect to possible loan and/or loan forgiveness funding through the Texas Water Development Board (the “TWDB”) and to provide objective legal opinion with respect to the validity of any evidences of indebtedness (the “Obligations”) issued by the City of Chandler, Texas for financing. 3. Entering into an agreement with SPI engineers to provide Engineering Services for planning, design and construction management phase services associated Water Well #4 Improvements that may be funded through the TWDB. STAFF REVIEW: Application to the Texas Water Development Board requires that cities have approved agreements with a financial advisor, bond counsel and engineer in the case the application for loan funding is approved. In the case that the application is not approved and the project is not funded the agreements would become void. A request for qualifications was advertised associated with each of these services for the Water Well #4 Improvement Project. The firms being considered are the only firms that made a submittal. However, all the firms proposed are firms that Chandler has a good standing with and are being recommended. 1 RECOMMENDED Consider and act on the following three separate agenda items: ACTION: 1. Enter into an agreement with RBC Capital Markets to provide advice and professional recommendations to the City of Chandler for capital financing and provide assistance with possible loan, grant or disadvantaged funding through the Texas Water Development Board (“TWDB”). 2. Entering into an agreement with MPH for Bond Counsel assistance with respect to possible loan and/or loan forgiveness funding through the Texas Water Development Board (the “TWDB”) and to provide objective legal opinion with respect to the validity of any evidences of indebtedness (the “Obligations”) issued by the City of Chandler, Texas for financing. 3. Entering into an agreement with SPI engineers to provide Engineering Services for planning, design and construction management phase services associated Water Well #4 Improvements that may be funded through the TWDB. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: 1. RBC Financial Advisory Agreement 2. MPH Bond Counsel Services Contract 3. SPI Professional Engineering Services Agreement with Scope of Services 2 CITY OF CHANDLER Staff Report PROJECT: Bid Award for the Sawmill Road Extension Project. DATE: City Council: 4/11/2017 REQUEST: Consider and act on awarding the Sawmill Road Extension project in the amount of the base bid $827,602.85 to Capco Construction and the use of ETTL in the testing of soils, reinforcing steel, flexbase, concrete and asphalt along with some limited roadway inspections for an estimated fee of $15,000. STAFF REVIEW: On March 14, 2017, the bids were opened on the Sawmill Road Extension Project at City Hall. There were seven bidders with one bidder being disqualified due to an incomplete bid. The low bidder was Capps- Capco Construction of Tyler, Texas. This action will also approve the use of ETTL in the testing of soils, reinforcing steel, flexbase, concrete and asphalt along with some limited roadway inspections for an estimated fee of $15,000. RECOMMENDED Consider and act on awarding the Sawmill Road Extension project in ACTION: the amount of the base bid $827,602.85 to Capco Construction and the use of ETTL in the testing of soils, reinforcing steel, flexbase, concrete and asphalt along with some limited roadway inspections for an estimated fee of $15,000. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Bid Tabulation Letter Bid Tabulation ETTL Proposal 1  THE CITY OF CHANDLER CITY COUNCIL WILL MEET FOR A REGULAR SCHEDULED MEETING TUESDAY, MARCH 14, 2017 IN THE CITY HALL OF CHANDLER, TEXAS AT 6:00 PM AGENDA A. CALL TO ORDER B. PLEDGE TO THE FLAG C. INVOCATION D. ROLL CALL AND ANNOUNCE IF A QUORUM IS PRESENT Mayor - Libby Fulgham: Present Council Member - Kari Bersano: Present Council Member - Marshall Crawford Jr.: Present Council Member - Brandon Delaney: Present Council Member - Conley Cade: Present Council Member - Janeice Lunsford: Absent E. AGENDA CHANGES; Remove Executive Session from the agenda. F. VISITORS/CITIZENS FORUM: At this time, any person (Limited to the first five to sign up, each will be allowed 3 minutes) with business before the Council not scheduled on the agenda may speak to the Council. No formal action may be taken on these items. G. EXECUTIVE SESSION: Council will go into Executive Session Pursuant to Texas Government Code section 551.071 (contemplated or pending litigation), the Council will discuss the following:  Water Well No. 7 H. REGULAR SESSION: Subjects to be discussed or upon which any formal action may be taken are as follows: 1. Consider and act on actions, if any, from the Executive Session. No Action taken. 2. Consider and act on accepting the FY 2015-16 Annual Audit prepared by Gollob Morgan Peddy including the Basic Financial Statements and Required Supplementary and Other Information.   Motion was made to accept the FY 2015-16 Annual Audit prepared by Gollob Morgan Peddy including the Basic Financial Statements and Required Supplementary and Other Information. Council Member - Kari Bersano: Motion Council Member - Conley Cade: 2nd Mayor - Libby Fulgham: Approve Council Member - Kari Bersano: Approve Council Member - Marshall Crawford Jr.: Approve Council Member - Brandon Delaney: Approve Council Member - Conley Cade: Approve Council Member - Janeice Lunsford: Absent  Review and discuss the recent report issuing a bond rating to the City of Chandler by S&P Global Ratings.   Janeice Lunsford arrived at 6:21pm. John Taylor gave update on the recent report issuing a bond rating to the City of Chandler by S&P Global Ratings. Mayor - Libby Fulgham: Present Council Member - Kari Bersano: Present Council Member - Marshall Crawford Jr.: Present Council Member - Brandon Delaney: Present Council Member - Conley Cade: Present Council Member - Janeice Lunsford: Present 3. Consider and act on Ordinance O-031417-A authorizing the issuance and sale of City of Chandler, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2017; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject.   Motion was made to approve Ordinance O-031417-A authorizing the issuance and sale of City of Chandler, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2017; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject. Council Member - Janeice Lunsford: Motion Council Member - Marshall Crawford Jr.: 2nd Mayor - Libby Fulgham: Approve Council Member - Kari Bersano: Approve Council Member - Marshall Crawford Jr.: Approve Council Member - Brandon Delaney: Approve Council Member - Conley Cade: Approve Council Member - Janeice Lunsford: Approve 4. Consider and act on Ordinance O-031417-B amending Chapter 5 “Fire Prevention and Protection” Article 5.06 “Outdoor Burning”.   Motion was made to approve Ordinance O-031417-B amending Chapter 5 “Fire Prevention and Protection” Article 5.06 “Outdoor Burning” changing Item 4 to read Burning area must contain a buffer of a minimum of 5 feet containing no dead or combustible vegetation. Council Member - Janeice Lunsford: Motion Council Member - Kari Bersano: 2nd Mayor - Libby Fulgham: Approve Council Member - Kari Bersano: Approve Council Member - Marshall Crawford Jr.: Approve Council Member - Brandon Delaney: Approve Council Member - Conley Cade: Approve Council Member - Janeice Lunsford: Approve 5. Consider and act on Resolution R-031417 expressing opposition to Senate Bill 2 and House Bill 15 which in part caps the property tax rate from 8% to 4%.   Motion was made to approve Resolution R-031417 expressing opposition to Senate Bill 2 and House Bill 15 which in part caps the property tax rate from 8% to 4%. Council Member - Kari Bersano: Motion Council Member - Marshall Crawford Jr.: 2nd  Mayor - Libby Fulgham: Approve Council Member - Kari Bersano: Approve Council Member - Marshall Crawford Jr.: Approve Council Member - Brandon Delaney: Approve Council Member - Conley Cade: Approve Council Member - Janeice Lunsford: Approve 6. Consent Agenda: All matters listed under “Consent Agenda” are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. a) Minutes as written for Regular Council Meeting of February 14, 2017  b) Minutes as written for Special Council Meeting of February 28, 2017  c) February Financial Report    d) February Police Report  e) February Library Statistics  f) February Museum Statistics g) Budget Watch            Motion was made to approve the consent agenda as presented. Council Member - Conley Cade: Motion Council Member - Janeice Lunsford: 2nd Mayor - Libby Fulgham: Approve Council Member - Kari Bersano: Approve Council Member - Marshall Crawford Jr.: Approve Council Member - Brandon Delaney: Approve Council Member - Conley Cade: Approve Council Member - Janeice Lunsford: Approve I. Adjournment 07:03:24 PM (01:01:51) In compliance with the Americans with Disabilities Act, the City of Chandler will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Shirley Parmer, City Secretary at (903) 849-6853. CERTIFICATION I certify that a copy of the March 14, 2017, agenda of items to be considered by the Chandler City Council was posted on the City Hall bulletin board on March 9, 2017. _________________________ Shirley Parmer, City Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ______ day of ____________, 20___. ______________________________ Title ______________________________ Mayor General Fund Period Ending March 31, 2017 Beginning Bal. $799,141.06 Operating Acct. Register Attached Ending Bal. $682,142.22 Ad Valorem Tax deposit $12,287.69 City Sales Tax deposit $54,010.01 Trash Collection $31,671.80 Beginning Bal. $21,055.05 City of Chandler (1226) Ending Bal. $21,058.63 City of Chandler Economic Development Acct. (1118) Beginning Bal. $176,871.34 Ending Bal. $168,403.61 City of Chandler Economic Development Premium Money Market Beginning Bal. $121,796.03 Ending Bal. $121,832.23 (1225) (.250%) City of Chandler Police Dept. Leose Acct. (1114) Beginning Bal. $245.52 Ending Bal. $1,339.37 City of Chandler Municipal Court Technology Fund (1112) Beginning Bal. $6,790.13 Ending Bal. $2,771.45 City of Chandler Municipal Building Security Fund (1113) Beginning Bal. $11,534.86 Ending Bal. $11,817.03 City of Chandler Land Acct. Fund (1229) Beginning Bal. $51,615.47 Ending Bal. $60,425.32  City of Chandler CopSync/STW Fund(1232) Beginning Bal. $29,423.79 Ending Bal. $32,371.79 “This report is in full compliance with the investment strategies as established by the City of Chandler Investment Policy and the Public Funds Investment Act (Chapter 2256)”. ________________________________________ _________________ City Secretary Date Water Fund Period Ending March 31, 2017 Beginning Bal. $523,405.95 Operating Acct. Register Attached Ending Bal. $435,184.93 Water Invoices Billed Water Invoices Billed 3/31/17 (Bills printed:1,390 ) $72,954.62 City of Chandler Money Market Acct. 1160 Beginning Bal. $117,831.38 Ending Bal. $117,866.41 (.250%) City of Chandler Capital Reserve Acct. 1158 Beginning Bal. $120,335.09 Ending Bal. $120,370.86 (.250%) City of Chandler Water Dept. I&S ’95 Series 1134 Beginning Bal. $299,585.10 Ending Bal. $299,610.54 (.100%) City of Chandler Water Dept. Consolidated Acct. 1157 Premium Money Market Beginning Bal. $115,135.75 Ending Bal. $115,169.97 (.250%) City of Chandler I & S Series 2010 Beginning Bal. $47,169.94 Ending Bal. $68,742.69 (.150%) City of Chandler Water Well Drilling Fund Beginning Bal. $59,455.42 Ending Bal. $86,470.82 ____________________________________________________________________________________ City of Chandler Utility System Rev Bond Series 2014 Beginning Bal. $524,721.94 Ending Bal. $523,819.00 (.100%) ____________________________________________________________________________________ City of Chandler Water Meter Program Acct. 2003 Beginning Bal. $15,337.56 Ending Bal. $23,003.56 ____________________________________________________________________________________ “This report is in full compliance with the investment strategies as established by the City of Chandler Investment Policy and the Public Funds Investment Act (Chapter 2256)”. ____________________________________ ________________ City Secretary Date  2017 CHANDLER LIBRARY STATISTICS MONTH New Members Total Members Total Items Computer Use On-Line Hours Open Circulation E-books Total Circulation Jan 21 4333 40519 233 635 148 1425 198 1623 Feb 9 180 377 172 1098 225 1323 Mar 6 4344 45740 225 480 190 1270 255 1525 Apr May June Aug Sept Oct Nov Dec Feb Members and total items not calulated Mar total items includes E audio books not included in  2017 MUSEUM VISITOR CENTER STATISTICS Month Chandler Tyler Henderson Texas Out of State Non-USA TOTAL Volunteer Hours January 27 3 5 5 40 120 February 10 2 2 2 2 1 (India) 19 84 March 63 4 2 10 79 80 April May June July August September October November December