Pampa City Commission February 28, :00 p.m.

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1 Regular Meeting of the: Pampa City Commission February 28, :00 p.m. City of Pampa 201 W. Kingsmill St. P.O. Box 2499 Pampa, Texas Phone: Fax:

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4 CITY OF PAMPA AGENDA INFORMATION SHEET PRESENTATION by GH2 Architects ITEM/PROJECT: ANIMAL SHELTER MEETING DATE: February 28, 2012 STAFF CONTACT: BACKGROUND/ADDITIONAL INFORMATION Shane Stokes GH2 Architects Estimate of Project Cost Form attached.

5 Date: February 16, 2012 GH2 Project # : Project: City of Pampa Animal Control Building (50 kennel runs) Estimate of Total Project Cost Preliminary Budget Estimate Item Description Unit Quantity Unit Cost Total Bond Costs A. SOFT COSTS 1. Legal, Permit Fees, etc. ALLOW. 1 $ - $ - Subtotal $ - B. SITE RECONNAISSANCE 2. geotechnical report ALLOW. 1 $ 4,500 $ 4, survey ALLOW. 1 $ 5,500 $ 5,500 Subtotal $ 10,000 C. CONSTRUCTION COSTS 4. demolition, sitework, landscape, irrigation, building, structure, MEP, fire protection construction cost SF 12,800 $ 170 $ 2,176, kennel runs, cat cottages, walk-in cooler LS 1 $ 212,000 $ 212, building signage (exterior and interior) LS 1 $ 10,000 $ 10,000 Subtotal $ 2,398,000 D. FF&E 9. furniture and appliances ALLOW. 1 $ 30,000 $ 30, audio/visual (televisions (4), DVD, sound system) ALLOW. 1 $ 10,000 $ 10, computers (10) and cabling ALLOW. 1 $ 18,000 $ 18, telephone (14) and cabling ALLOW. 1 $ 12,000 $ 12, security ALLOW. 1 $ - $ - Subtotal $ 70,000 TOTAL DIRECT COSTS $ 2,478,000 PROFESSIONAL FEES (architectural, civil, landscape, irrigation, structural, LS 1 $ 191,840 $ 191,840 and MEP/ FP) REIMBURSABLES ALLOW. 1 $ 25,000 $ 25,000 CONTINGENCY, design and construction 10% $ 247,800 TOTAL PROJECT COST $ 2,942,640 General Notes: * Estimate based on cost precedent using 2012 CostLink data and historical records. * Contact GH2 for cost escalation factors. This cost estimate of the Cost of Work represents the Architect's best judgment as a design professional familiar with the construction industry using techniques appropriate to the phase of the design documents and the Architect's scope of services. It is recognized that the Owner or the Architect has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions; accordingly, it is agreed that the Architect cannot and does not warrant or represent that the bids or the Cost of Work will not vary from this estimate or the Owner's budget.

6 CITY OF PAMPA AGENDA INFORMATION SHEET DISCUSSION ITEM ITEM/PROJECT: AQUATIC CENTER FEES MEETING DATE: February 28, 2012 STAFF CONTACT: Shane Stokes BACKGROUND/ADDITIONAL INFORMATION Fee Resolution attached

7 RESOLUTION NO. R A RESOLUTION OF THE CITY OF PAMPA, TEXAS REVISING THE GENERAL ADMISSION FEES AND SEASON PASS FEES FOR THE H2O AQUATIC CENTER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PAMPA, TEXAS: 1. That the general admission fee to the H2O Aquatic Center for persons age four (4) to seventeen (17) is hereby set at $6.00 per person, per visit, and persons eighteen (18) years and up be set at $7.00 per person, per visit. 2. That the fee for the Season Pass is hereby set at $ for individual and $ for a family (up to 5 members). INTRODUCED, READ, and ADOPTED on this the day of February, CITY OF PAMPA, TEXAS By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney

8 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 1 ITEM/PROJECT: CONSENT AGENDA MEETING DATE: February 28, 2012 DESCRIPTION: STAFF CONTACT: FINANCIAL IMPACT: SOURCE OF FUNDS: START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Consent Agenda All Consent Agenda items listed are consideredd to be routine in nature by the City Commission and will be enacted by one motion. There will bee no separate discussion on these items unless a Commissioner so request, in which event that item will be removed from the Consent Agenda and considered inn normal sequence on the agenda. Information concerning Consent Agenda items is available for public review. Karen Price Danny Winborne N/A N/ /A Upon Commission approval Approve Consent Agenda as presented. Minutes and Property Description sheet from Gray County attached.

9 CITY COMMISSION OF THE CITY OF PAMPA, TEXAS REGULAR MEETING TUESDAY, FEBRUARY 14, 2012 CALL TO ORDER: Mayor Brad Pingel at 4:00 p.m. PRESENT: Brad Pingel Mayor John Studebaker Commissioner Rebecca Holmes Commissioner Robert Dixon Commissioner Neil Fulton Commissioner ABSENT: None STAFF: Richard Morris City Manager Leland Waters City Attorney Karen Price City Secretary Kelly Rushing Chief of Police Kim Powell Fire Chief Robin Bailey Finance Director Gayla Pickens Asst. Finance Director Danny Winborne Asst. Public Works Director Kevin Webb IT Manager VISITORS: Lynn Hancock Briarwood Church NEWS MEDIA: Molliee Bryant Pampa News Mike Ehrle KGRO Radio INVOCATION: Lynn Hancock, Pastor, Briarwood Church PLEDGE OF ALLEGIANCE PUBLIC COMMENTS: NONE UPDATES: Senate Bill 100 Leland Waters DISCUSSION: 2011 Racial Profiling Report Chief Kelly Rushing Fire Services Year-end Report Chief Kim Powell AUTHORIZATIONS BY COMMISSION: Consider approving the minutes of the February 14, 2012 Regular City Commission meeting as presented. A motion was made by Commissioner Fulton and Seconded by Commissioner Studebaker to approve the minutes of the February 14, 2012 Regular City Commission meeting as presented, with each Commission Member voting AYE, the motion carried.

10 Consider adopting the City of Pampa s Fund Balance Policy. A motion was made by Commissioner Dixon and Seconded by Commissioner Holmes to adopt the City of Pampa s Fund Balance Policy, with each Commission Member voting AYE, the motion carried Consider approving a contract with Gray County Elections Administrator for the coordination, supervision and administering of all Elections held by the City of Pampa in A motion was made by Commissioner Studebaker and Seconded by Commissioner Fulton to approve a contract with Gray County Elections Administrator for the coordination, supervision and administering of all Elections held by the City of Pampa in 2012, with each Commission Member voting AYE, the motion carried Consider adopting Resolution No. R12-002, a Resolution of the City of Pampa suspending the March 13, 2012 effective date of Atmos Energy Corporations requested rate change. RESOLUTION NO. R RESOLUTION OF THE CITY OF PAMPA SUSPENDING THE MARCH 13, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., WEST TEXAS DIVISION ( ATMOS WEST TEXAS ) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ATMOS WEST TEXAS ( CITIES ) TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND CITIES LEGAL COUNSEL A motion was made by Commissioner Holmes and Seconded by Commissioner Studebaker to adopt Resolution No. R12-002, a Resolution of the City of Pampa suspending the March 13, 2012 effective date of Atmos Energy Corporations requested rate change, with each Commission Member voting AYE, the motion carried Consider declaring the attached list of City property as surplus and authorizing each department to sell, auction or destroy listed property. A motion was made by Commissioner Dixon and Seconded by Commissioner Fulton to declare the attached list of City Property as surplus and authorize each department to sell, auction or destroy the listed property, with each Commission Member voting AYE, the motion carried.

11 ADJOURNMENT There being no further business on the agenda, the meeting was adjourned at 4:50 p.m. by Mayor Brad Pingel. Karen L. Price, City Secretary Brad Pingel, Mayor

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14 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 2 ITEM/PROJECT: MEETING DATE: RESOLUTION AND LEASE PURCHASE AGREEMENT FOR GOLF CAR REPLACEMENT February 28, 2012 DESCRIPTION: STAFF CONTACT: FINANCIAL IMPACT: SOURCE OF FUNDS: START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Consider adopting Resolution No. R a Certificate of Incumbency Resolution for the lease- the existing fleet of 2008 golf cars and authorizing the purchase of 400 EZ-GO RXV 2012 golf cars to replace City Managerr or Assistant City Manager to execute Lease-Purchase Agreement with PNC Equipment Finance, LLC,, thereof. Shane Stokes $111, Operating Budget Spring 2012 Approve the lease purchase of 40 new 2012 E-ZGO- existing fleet of 2008 EZ-GO RXV Golf RXV-Electric Golf Cars. Lease-Purchase of 40 Electric Golf Cars is to replace Cars.

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16 C03 February 10, 2012 Lease Number City of Pampa Attn: David Techman 200 W. Foster Avenue Pampa, TX Dear Mr. Techman; Enclosed are the necessary documents needed to complete your lease transaction. Please review, sign and return the following: Lease Purchase Agreement - Please have the Authorized Signor execute the documents and provide their title. Opinion of Counsel - Please have your attorney sign and provide the name of the law firm, if applicable. Certificate of Acceptance At the point of delivery, fill out this form and return the original to us. We will be unable to disburse funds until we receive this signed form. Schedule of Payments Please sign and provide the title of the signor. Resolution-Certificate of Incumbency- List your Authorized Representative(s) and their title(s) in the body of the Resolution. Have the Authorized Representatives provide their names, title and signatures(s) on the lines which appear under the Authorized Representative Signature Section near the bottom of the Resolution. Finally, have the Secretary or appropriate Trustee attest to the information of the Authorized Representative(s) by signing and printing his/her name, title and date on the last signature line provided. The person who validates the signature should not sign the Lease Agreement. The Resolution must reflect the title(s) of the individual(s) who have authorization to sign the documents. Insurance Request Form Fill in your insurer s information and sign. Please contact your insurer, prior to delivery, to obtain a certificate of insurance. Please enclose the certificate with the signed documentation or have the insurer fax the certificate directly to me. IRS Form 8038-G Please sign, date and include the title of the signor Copy of Vendor Invoices Vendor should send invoices directly to PNC with Ship To and Bill To in Lessee s name. Sales Tax Exemption Certificate Please return a copy with the documents. Minutes of Governing Body (approving the purchase & finance of equipment) Please return a copy with the documents. Invoice for advance payment Please send your check in the amount of $30,640.40, made payable to PNC Equipment Finance, LLC. Please return the documents to PNC Equipment Finance, LLC, Attn: Christy Dole 995 Dalton Avenue, Cincinnati, OH in the postage paid envelope enclosed. PNC Equipment Finance, LLC, in its sole discretion, reserves the right to adjust the payment factors in the enclosed documentation to reflect any changes in market conditions up to the date of funding. Our goal is to ensure that you receive the lowest payment available. Therefore, it is important that the documents are completed and returned by March 10, If you have any questions please contact Christy Dole at Sincerely, Tracy Sparks Documentation Specialist

17 Lease-Purchase Agreement Dated as of February 10, 2012 Lease Number: E04 Lessor: PNC Equipment Finance, LLC 995 Dalton Avenue Cincinnati, OH Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID City of Pampa W. Foster Avenue Pampa, TX Equipment Description See attached Certificate of Acceptance for Equipment Description Rent Lease Term is for 55 months, with Rent payments due in Advance monthly; quarterly; semi- Payment annual; annually; each in the amounts set forth in the attached Schedule of Payments. Schedule Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the dates set forth herein, without notice or demand. TERMS AND CONDITIONS 1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the Equipment ) described in the attached Certificate of Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are Lessee s responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor. 3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. If Lessee s Rent payments are due in Advance, Lessee s first Rent payment is due on the date Lessee accepts the Equipment under the Lease. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to which Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Lessee will pay Lessor any required advance rent when Lessee signs this Lease. Lessee authorizes Lessor to change the Rent by not more than 15% due to changes in the Equipment configuration, which may occur prior to Lessor s acceptance of this Lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee s obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Rent. NON-APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other legal procedure or available funds by or with which payment can be made to Lessor, and the non-appropriation did not result from an act or omission by Lessee, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been appropriated and budgeted. At least thirty (30) days prior to the end of Lessee s fiscal year, Lessee s chief executive officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non-appropriation did not result from any act or failure to act by Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent. 4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER. 5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN AS-IS CONDITION. LESSEE AGREES THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and Lessee will contact the manufacturer for a description of Lessee s warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment. 6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessee shall have title to the Equipment immediately upon delivery and shall be deemed to be the owner of the Equipment as long as Lessee is not in default under this Lease. In 1 of 4

18 the event of a default, title to the Equipment shall revert to Lessor free and clear of any rights or interest Lessee may have in the Equipment. To secure all of Lessee s obligations to Lessor under this Lease Lessee hereby grants Lessor a security interest in (a) the Equipment to the extent of Lessee s interest in the Equipment, (b) anything attached, added, replaced and/or substituted to the Equipment at any time, (c) any money or property from the sale of the Equipment, and (d) any money from an insurance claim if the Equipment is lost or damaged. Lessee agrees that the security interest will not be affected if this Lease is changed in any way. 7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor s advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment s existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it eligible for any manufacturer s certification and/or standard full service maintenance contract. At Lessee s own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment. 8. TAXES. Lessee agrees to pay Lessor, when invoiced, all taxes (including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor s net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments. 9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, inducing legal expenses, incurred by Lessee or any other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment. To the extent permitted by law, Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term. 10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee s official name, serial numbers and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name plates or stickers Lessor provides Lessee. 11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipment is shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event. Then, at Lessor s option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer s certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee has satisfied their obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee s obligations under Section 14 of this Lease. 12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insured, until Lessee has met all their obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee s insurance coverage is adequate. The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation. Upon Lessor s request, Lessee agrees to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with evidence of proper insurance within 10 days of Lessor s request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is not obligated to) obtain insurance on Lessor s interest in the Equipment at Lessee s expense. Lessee will pay all insurance premiums and related charges. 13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under this Lease within 10 days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within 10 days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged beyond repair, (f) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor s affiliates). 14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the then current fiscal year, discounted at the higher of 3% or the lowest rate allowed by law (collectively, the Net Book Value ) and (c) require Lessee to immediately return the Equipment to Lessor. Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as may be allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) that Lessor only needs to give Lessee 10 days advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce Lessor s rights against Lessee, including attorney s fees, and (c) that Lessor will retain all of Lessor s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee s default. 15. LESSEE S OPTION AT END OF LEASE. Provided Lessee is not in default, upon expiration of the Lease Term, Lessee has the option to purchase all but not less than all of the Equipment for $1.00 (plus all sales and other applicable taxes). 16. RETURN OF EQUIPMENT. If (a) default occurs, or (b) a non-appropriation of funds occurs in accordance with Section 3, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer s recommendations or specifications, freight prepaid and insured, maintained in accordance with Section 7, and in Average Saleable Condition. Average Saleable Condition means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, without the need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective parts or accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor. 17. LESSEE S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which they are 2 of 4

19 located; (d) Lessee is authorized to enter into and carry out Lessee s obligations under this Lease, any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively, the Documents ); (e) the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of Lessee s governing body, and hold the offices indicated below their signature, each of which are genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee s authority and shall be used during the Lease Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary action to include in Lessee s annual budget any funds required to fulfill Lessee s obligations for each fiscal year during the Lease Term; (h) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (i) Lessee s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee s tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; (j) all payments due and to become due during Lessee s current fiscal year are within the fiscal budget of such year, and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment; (k) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow the interest portion of any Rent payment to become includible in Lessor s gross income for Federal income taxation purposes under the Internal Revenue Code of 1986, as amended, (the Code ); (l) Lessee shall maintain a complete and accurate record of all assignments of this Lease in the form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed there under from time to time; (m) Lessee shall comply with the information reporting requirements of Section 149(e) of the Code; such compliance shall include, but not be limited to, the execution of IRS Form 8038-G or 8038-GC; and (n) all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee s financial condition. 18. LESSEE S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure, (b) Lessee will provide to Lessor such financial information as may reasonably request from time to time, and (c) Lessee will take any action Lessor reasonably requests to protect Lessor s rights in the Equipment and to meet Lessee s obligations under this Lease. 19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any real estate. Upon Lessor s reasonable request and at Lessee s cost, Lessee will obtain from each person having an interest in the real estate where the Equipment is located a waiver of any rights they may have in the Equipment. 20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no such assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Lessee agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease. 21. COLLECTION EXPENSES, OVERDUE PAYMENT, TERMINATION. Lessee agrees that Lessor can, but does not have to, take on Lessee s behalf any action which Lessee fails to take as required by this Lease, and Lessor s expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge five percent (5%) of such overdue amount, limited, however, to the maximum amount allowed by law. Upon thirty (30) days prior written notice by Lessee to Lessor, and so long as there is no Event of Default then existing, Lessee shall have the option to purchase all, but not less than all, of the Equipment covered by the Lease on any Rent Payment due date by paying to Lessor all Rent Payments then due (including accrued interest, if any) plus the Termination Value amount set forth on the Payment Schedule to the applicable Lease for such date. Upon satisfaction by Lessee of such purchase conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain its title to such Equipment AS-IS, WHERE-IS, without representation or warranty by Lessor, express or implied, except for a representation that such Equipment is free and clear of any Liens created by Lessor. 22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the Equipment Cost ) or it may be leased. By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee s payments under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to the repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay any amounts in excess of the legal amount. 23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of this Lease shall remain in effect. THIS LEASE IS A FINANCE LEASE AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor s agent) to (a) obtain credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies. To the extent permitted by law, Lessor may charge Lessee a fee of $ to cover Lessor s documentation and investigation costs. 24. NOTICES. All of Lessee s written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lessor at Lessor s address stated in this Lease, or by facsimile transmission to Lessor s facsimile telephone number, with oral confirmation of receipt. All of Lessor s notices to Lessee may be sent first class mail, postage prepaid, to Lessee s address stated in this Lease. At any time after this Lease is signed, Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. 25. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections ) of the Uniform Commercial Code including but not limited to Lessee s rights to: (a) cancel or repudiate this Lease; (b) reject or revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in any Equipment in Lessee s possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor s damages, which requires Lessor to provide Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limit or modify any of Lessor s rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREACH OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE (1) YEAR AFTER THE EVENT, 3 of 4

20 WHICH CAUSED IT. Lessor will not be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. 26. SMALL ISSUER STATEMENT. Lessee hereby certifies to Lessor and its assigns that: a) the Lessee designates the Lease as a Qualified Tax-Exempt Obligation for the purposes of Section 265(b)(3) of the Code; b) Lessee will own and operate the Equipment in the performance of its public purposes; and the Equipment will not be subject to the use or control of any other entity; c) Lessee will not designate more than Ten Million Dollars ($10,000,000) of tax-exempt obligations during the current calendar year as Qualified Tax-Exempt Obligation, Lessee reasonably expects to issue no more than Ten Million Dollars ($10,000,000) of taxexempt obligations during the current calendar year; and d) For purposes of Paragraph 3 herein above, the amount of tax-exempt obligations stated as either issued or designated as Qualified Tax-Exempt Obligations includes tax-exempt obligations issued by all subordinate entities of Lessee, as provided in Section 265 (b) (3) (E) of the Code. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE. City of Pampa ( Lessee ) X Authorized Signature Print Name Title: Date 200 W. Foster Avenue Pampa, TX PNC Equipment Finance, LLC ( Lessor ) X Authorized Signature Print Name Title: 995 Dalton Ave. Cincinnati OH OPINION OF COUNSEL I have acted as counsel to the above-referenced Lessee (the Lessee ) with respect to this Lease-Purchase Agreement by and between the Lessee and Lessor (the Lease ), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have deemed relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or agency of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performance of the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of creditors rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of the Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open-meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that (s)he is an attorney duly authorized to practice law in the State of. The foregoing opinions are limited to the laws of such State and federal laws of the United States. Attorney of Lessee By: Print Name: Law firm: 4 of 4

21 CERTIFICATE OF ACCEPTANCE Lease Number: E23 Quantity Description Serial No EZ GO RXV Golf Cars` or see attached Equipment Schedule Lessee, through its authorized representative, hereby certifies to Lessor that: 1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease-Purchase Agreement ( Lease ); 2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order; 3. Lessee accepts the Equipment for all purposes under the Lease as of, 2012 (the Acceptance Date ), which is the date on which the Equipment was delivered and installed; 4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee s purposes; and 5. Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee s statements and promises set forth in the Lease are true and correct. Lessor is hereby authorized to insert serial numbers on the Lease. THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS DAY OF, City of Pampa ( Lessee ) X Authorized Signature Print Name Title: Date 200 W. Foster Avenue Pampa, TX 79066

22 SCHEDULE OF PAYMENTS Lease Number E28 Attached to and made a part of that certain Lease-Purchase Agreement dated as of February 10, 2012 by and between PNC Equipment Finance, LLC, as Lessor, and City of Pampa, as Lessee. Rent payments are payable as follows: Payment Number Date Payment Interest Principal Termination* 1 10/15/2012 $30, $ $30, $85, /15/2013 $30, $3, $26, $58, /15/2014 $30, $2, $28, $29, /15/2015 $30, $1, $29, $1.00 *As provided in Section 21 of the Lease-Purchase Agreement. City of Pampa ( Lessee ) X Authorized Signature Print Name Title: 200 W. Foster Avenue Pampa, TX PNC Equipment Finance, LLC ( Lessor ) By: Title 995 Dalton Ave. Cincinnati, OH 45203

23 RESOLUTION AND CERTIFICATE OF INCUMBENCY Lease Number E24 Lessee: City of Pampa Amount $111, WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State or Commonwealth ( the State ) is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, pursuant to applicable law, the governing body of the Lessee ( Governing Body ) is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease-Purchase Agreements or lease schedules ( Leases ) in the principal amount not exceeding the amount stated above for the purpose of acquiring the property ( Equipment ) to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee. WHEREAS, PNC Equipment Finance, LLC ( Lessor ) shall act as Lessor under said Leases. NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee: Section 1. Either one of the OR (each an Authorized Representative ) acting on behalf of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee. Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the Lessee as set forth therein. Section 4. The Lessee s obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. Section 5. As to each Lease, the Lessee reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than private activity bonds which are not qualified 501(c)(3) bonds ) during the fiscal year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. Section 6. This resolution shall take effect immediately upon its adoption and approval. SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES : AUTHORIZED LEASE SIGNORS ONLY Name Name Title Title Signature Signature ADOPTED AND APPROVED on this, 20. Section 7. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below. LESSEE: City of Pampa [SEAL] Signature of Secretary/Clerk of Lessee Print Name: Official Title: Date:

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25 I02 Please Retain for Future Reference I Dalton Avenue Cincinnati, Ohio Telephone (513) Page No. 1 INVOICE # Customer # INVOICE DATE 02/27/2012 DUE DATE 10/15/2012 Bill To: City of Pampa 200 W. Foster Avenue Pampa, TX Remit To: PNC Equipment Finance, LLC Attn: Lease Servicing/Set-Up Processing 995 Dalton Avenue Cincinnati, OH INVOICE Lease No Initial Charges: Annual Rent - 1 st Annual $30, Sales Tax Exempt PAY THIS AMOUNT $30,640.40

26 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 3 ITEM/PROJECT: MEETING DATE: ORDINANCE NO AMENDED DROUGHT CONTINGENCY PLAN February 28, 2012 DESCRIPTION: STAFF CONTACT: Consider adopting on its first and only reading as an emergency measure, Ordinance No. 1563, an Ordinance of the City off Pampa, Texas adopting an amended Drought Contingency Plan. Donny Hooperr FINANCIAL IMPACT: N/ /A SOURCE OF FUNDS: N/ /A START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: After adoptingg by Commission and publication in the Pampa News. Adopt Ordinance No Ordinance andd Drought Contingency Plan attached.

27 ORDINANCE NO AN ORDINANCE OF THE CITY OF PAMPA, TEXAS, PROVIDING THAT ORDINANCE NO ADDING DIVISION 3 OF ARTICLE II OF CHAPTER 20 TO THE CODE OF ORDINANCES ADOPTING A DROUGHT CONTINGENCY PLAN, AS AMENDED BY ORDINANCE NO. 1374, BE AMENDED TO ADOPT AN AMENDED CONTINGENCY PLAN; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Pampa, Texas, adopted Ordinance No on final reading on January 25, 2000, adopting a drought contingency plan for said City; and WHEREAS, the City of Pampa, Texas, adopted Ordinance No on an emergency basis on February 12, 2002; and WHEREAS, amendments to said plan have become necessary because of recent extreme drought conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PAMPA, TEXAS: Section 1. That Sec of the Code of Ordinances be amended as follows: The Exhibit A attached to and made a part of Ordinance 1374 and which is referred to therein is amended as set out in the Exhibit A attached to and made a part of this Ordinance. Section 2. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Section 4. This Ordinance shall become effective from and after the passage and publication as required by law.

28 Section 5. The fact that the adoption of an approved drought contingency plan must be completed within certain regulatory time frames in order to insure the health and safety of the citizens of Pampa, Texas, and the conservation of water during periods of drought requires the immediate preservation of the City s water resources and the health, and safety of the citizens of the City, constitutes an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure. The Commission therefore finds that any rule providing for an Ordinance to be read more than one time or at more than one meeting, be suspended; therefore, any such rule is hereby suspended; and this ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage and publication; and IT IS SO ORDAINED. PASSED AND ADOPTED on an emergency basis this the 28 th day of February, 2O12. CITY OF PAMPA By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney

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42 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 4 ITEM/PROJECT: MEETING DATE: ORDINANCE NO ORDERING GENERAL AND SPECIAL ELECTION February 28, 2012 DESCRIPTION: STAFF CONTACT: FINANCIAL IMPACT: Consider approving on first reading, Ordinance No. 1564, an Ordinance ordering and providing notice of a General and Special Election to be held on May 12, 2012 for the City of Pampa, Texas. Karen Price Leland Waterss N/A SOURCE OF FUNDS: N/ /A START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Election will be held on May 12, Approve Ordinance No on first reading. Ordinance attached

43 CITY OF PAMPA, TEXAS ORDINANCE NO AN ORDINANCE ORDERING AND PROVIDING NOTICE OF A GENERAL ELECTION FOR THE CITY OF PAMPA, TEXAS, TO BE HELD ON THE 12 TH DAY OF MAY, 2012, FOR THE PURPOSE OF ELECTING A COMMISSION MEMBER FOR WARD 2 AND FOR WARD 4, AND CALLING A SPECIAL ELECTION ON THE 12 TH DAY OF MAY, 2012 FOR VOTER CONSIDERATION OF AN AMENDMENT OF SPECIFIC SECTIONS OF THE HOME RULE CHARTER; DECLARING BALLOT LANGUAGE FOR SUCH PROPOSITION FOR AMENDMENT; PROVIDING FOR EARLY VOTING BY PERSONAL APPEARANCE; PROVIDING FOR THE ESTABLISHMENT OF POLLING PLACES; PROVIDING FOR A CONTRACT FOR ELECTION SERVICES WITH GRAY COUNTY; PROVIDING FOR CERTAIN JOINT ELECTION ARRANGMENTS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; PROPER NOTICE AND MEETING; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Pampa (Commission) seeks to proceed with the ordering of a general and a special election for Saturday, May 12, 2012, the next uniform election date, and appointing election officials required for the conduct of the election, and has deemed it advisable to call the election hereinafter ordered; and WHEREAS, the City s annual municipal election, at which Commissioners for Wards 2 and 4 shall be elected, is due to be held on the uniform election date occurring in May, 2012; and WHEREAS, the City of Pampa, Texas, ( City ) is a home rule municipality with a Charter that was approved by the voters in 1927 and which may be amended by majority vote of the qualified voters of the City; and WHEREAS, it has been more than two (2) years since the Charter was last amended; and WHEREAS, the Commission finds that the Charter should be amended in order to address certain changes in State law enacted by the State Legislature in Senate Bill 100, effective in 2011, and to further the ability of the City to provide for effective and efficient operation of the City; and WHEREAS, the Commission hereby finds and determines that it is in the public interest to call a special election ( Election ) to place a proposed amendment to the City Charter at the earliest practicable date to allow the voters to decide whether to authorize the amendment; and 1

44 WHEREAS, state law, in Section (d), Texas Local Government Code, provides that an amendment may not contain more than one subject; and WHEREAS, the one subject to be addressed in the proposed amendment is the extension of the terms of office of the Mayor and Commissioners from two years to four years in order to provide that elections will be held only in odd-numbered years in order to comply with the requirements of Senate Bill 100; and WHEREAS, the Texas Constitution, in Article XI, Section 11, contains specific rules that apply when a Texas city provides for terms of office for its governing body that exceed two years, being specifically a requirement that any vacancy on the governing body be filled by special election rather than appointment and that any member of the governing body who shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held; and WHEREAS, should the qualified voters of the City of Pampa approve the amendment of the Charter as proposed, it shall require and result in the modification of multiple sections of the Charter in order to accomplish the single purpose and subject of the amendment, all of which is more fully described herein; and WHEREAS, the Commission has determined that an election on May 12, 2012, the next uniform election date authorized by state law, would constitute an appropriate date for such an Election; and, WHEREAS, the Commission has heretofore found that a city general election shall be held on the 12 th day of May, 2012, wherein the electors of the City shall vote on the election of public officials and other matters (the City General Election ) and WHEREAS, the Commission has authority pursuant to Chapter 31, Texas Election Code, to enter into an election services contract with the Gray County Election Officer to obtain certain election services; and WHEREAS, the Commission has made provision to contract with Gray County to conduct the City General Election and the Special Election; and WHEREAS, the Commission hereby finds that it is in the public interest that the City General Election and this Special Election be conducted as one election; and WHEREAS, the Commission has the authority pursuant to Chapter 271, Texas Election Code and Chapter 31, Texas Election Code, to enter into joint election agreements with the other political subdivisions also holding a general election on the same date; and 2

45 WHEREAS, the Commission has authority pursuant to Chapter 271, Texas Election Code, to enter into joint election agreements with other political subdivisions holding elections on the same day in all or part of the same territory; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF PAMPA, TEXAS that: SECTION 1. All of the above premises are hereby found to be true and correct legislative and factual findings of the Commission and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. SECTION 2. There is hereby called a General Election to be participated in by the qualified voters of the City of Pampa, Texas, to be held on the second Saturday in May, being the 12th day of May, 2012, between the hours of 7:00 am and 7:00 pm (the Election ), for the purpose of electing a City Commissioner for Ward 2 and a City Commissioner for Ward 4. SECTION 3. There is hereby called a Special Election to be participated in by the qualified voters of the City of Pampa, Texas, to be held jointly on the second Saturday in May, being the 12th day of May, 2012, between the hours of 7:00 am and 7:00 pm (the Election ), and at the election, for the purpose of amending the Home Rule Charter of the City of Pampa, and the following proposition shall be added to the ballot and submitted: Proposition 1 ballot language shall read: Amend the Charter to change Commission terms of office from two years to four years, elected in odd-numbered years, for all Commission members except those for Wards 2 and 4 elected in 2012, who shall serve until 2015, by amending Sections 2, 3, 7, and 8 of Article VII as they relate to those issues and to changes required by law when terms of office are extended from two years to four years. For Against In the event that Proposition 1 is approved by the voters on May 12, 2012, Sections 2, 3, 7, and 8 of Article VII of the Pampa Charters shall thereafter read as follows: Sec. 2. Term of office. The mayor and each commissioner shall serve for a term of four (4) years, and until the successor of each mayor and commissioner is elected and qualified, unless sooner removed from office as herein provided. The term of office of the mayor and the commissioner elected from ward 1 and the commissioner elected from ward 3 shall expire in May of each odd-numbered year occurring four years after the date of their election, beginning in and the term of office of the commissioner elected from ward 2 and the commissioner elected from ward 3

46 4 shall expire in May of each odd-numbered year occurring four years after the date of their election beginning in The term of office of the commissioner from ward 2 elected in May, 2012 and the term of office of the commissioner from ward 4 elected in May, 2012, shall be for three years and shall expire in May, Sec. 3. Vacancies. (1) The office of a Commission member or the Mayor shall become vacant upon his/her death, resignation, forfeiture of, or removal from office by any manner authorized or required by law.. (2) Vacancies in the Commission, including the Mayor, shall be filled for the unexpired term by a special election at the next available uniform election date following creation of the vacancy by majority vote of the qualified voters in such municipality, and no vacancy or vacancies occurring on such governing body shall be filled by appointment. Sec. 7. Election day. The regular municipal election of the City of Pampa shall be held on the uniform election date occurring in or the nearest to the month of May in each odd-numbered year, commencing with the year Sec. 8. Elections; laws controlling. All elections provided in this charter or allowed by law and called the Commission, other than those described in Section 7 of this Article, shall be called Special Elections, and all such elections shall be conducted and results canvassed and announced by the authorities as prescribed in the General Election Laws of the State of Texas, and such General Election Laws shall control in all municipal elections, except as otherwise herein provided. SECTION 4. The official ballots for the Charter election shall be prepared in accordance with the Texas Election Code and the Local Government Code and all applicable laws so as to permit the electors to vote FOR or AGAINST" the proposition. SECTION 5. Candidates for Commission shall meet the qualifications as prescribed by law and by the Charter of the City of Pampa, Texas. SECTION 6. On Election Day, the polls shall be open from 7:00 AM to 7:00 PM. The polling places and voting precincts for the Election shall be: M. K. Brown Auditorium, 1000 N. Sumner, Pampa, Texas. SECTION 7. EARLY VOTING BY PERSONAL APPEARANCE will be conducted at City of Pampa, City Hall, located at 200 W. Kingsmill, Second Floor, Pampa, Texas, during the following times: Monday, April 30, 2012 thru Tuesday, May 8, 2011, 8:00 a.m. to 5:00 p.m. Pursuant to Texas Election Code, Section , Subsection (d), early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours: 4

47 between the hours of 7:00 am and 7:00 pm on Tuesday, May 1, 2012 and again on Wednesday, May 2, APPLICATIONS FOR BALLOT BY MAIL shall be mailed to: Karen Price City Secretary P.O. Box 2499 Pampa, TX Applications for ballot by mail must be received no later than 5:00 PM on May 4, SECTION 8. The Commission hereby appoints Karen Price as the Regular Early Voting Clerk, Charlene Gardner as the Deputy Early Voting Clerk and appoints Linda Lewis as the Joint Early Voting Clerk. SECTION 9. Karen Price, City Secretary, shall maintain an office open for election duties for at least three hours each day, during regular office hours, on regular business days beginning not later than the 50 th day before the date of the Election and ending not earlier than the 40 th day after the date of the Election. The City Secretary shall accept and maintain documents filed under Title 15 of the Election Code and maintain and receive any other documents as may be required by the Election Code. SECTION 10. Chapter 31 of the Texas Election Code authorizes county election officers to contract with the governing body of a political subdivision situated wholly or partly in the county served by the officer to perform certain election services. Pursuant to Chapter 31 of the Texas Election, the Commission is expressly providing the Election shall be conducted in accordance with the terms and conditions of the Joint Election Agreement and Election Service Contract which shall be approved by a separate act of Commission. Chapter 271 of the Texas Election Code provides that the authorities of two or more political subdivision that have ordered elections for the same day in all or part of the same territory, may enter into an agreement to hold the elections jointly in election precincts that can be served by common polling places, and the Commission is expressly authorizing this action, as set out and described in the Joint Election Agreement and Election Service Contract which shall be approved by a separate act of Commission. SECTION 11. Notice of the Election shall be published two times in the English and Spanish languages, in a newspaper published in the territory that is covered by the Election and is in the jurisdiction of the City. The notice shall include a substantial copy of the proposed amendment, shall include an estimate of the anticipated fiscal impact to the city if the amendment is approved at the election, and shall be published on the same day in each of two successive weeks, with the first publication occurring before the 14 th day before the election. Notice of the Election shall also be posted on the bulletin board on which the Commission posts notices of its meetings not later than the 21 st day before the Election. The contents of the Notice of Election shall comply with the requirements of the Election Code. The Notice of Election shall be delivered to the Gray County Clerk not later than the 60 th day before the Election. 5

48 SECTION 12. The recitals contained in the preamble hereof are hereby found to be true and correct, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Commission. SECTION 13. All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of such conflict. SECTION 14. Should any part, sentence or phrase of this Ordinance be determined to be unlawful, void or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. SECTION 15. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. SECTION 16. This Ordinance is effective immediately upon its passage and approval. INTRODUCED, PASSED AND APPROVED on its first reading this the 28th day of February, READ, APPROVED AND ADOPTED on its second and final reading this the day of February, CITY OF PAMPA ATTEST: By: Brad Pingel, Mayor Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney 6

49 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 5 ITEM/PROJECT: MEETING DATE: February 28, 2012 DESCRIPTION: STAFF CONTACT: FINANCIAL IMPACT: RESOLUTION NO. R BOND ELECTION Consider all matters incident and related to ordering and holding a Bond Election for the City of Pampa, Texas including the adoption of Resolution No. R pertainingg thereto. Richard Morris Shane Stokes N/A SOURCE OF FUNDS: N/ /A START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Bond Electionn will be held on May 12, Adopt Resolution No. R Resolution attached

50 RESOLUTION NO. R A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF PAMPA, TEXAS, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, the City Commission of the City of Pampa, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amount and for the purpose hereinafter identified; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PAMPA, TEXAS: SECTION 1: An election shall be held on the 12 th day of May, 2012, in the City of Pampa, Texas, which date is not less than seventy-one (71) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section , for the purpose of submitting the following measure: SHALL the City Commission of the City of Pampa, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $3,000,000 for permanent public improvements and public purposes, to wit: constructing and equipping the City of Pampa Animal Welfare Facility; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Commission at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? SECTION 2: The entire City shall constitute one election precinct for this election and the M. K. Brown Auditorium, 1000 N. Sumner, Pampa, Texas is hereby designated the polling place. The election officers and maximum number of clerks for said polling place shall be determined and appointed in accordance with the provisions of an election services contract (the Contract ) to be executed with the Gray County Elections Administrator. On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. SECTION 3: Early voting shall be conducted by the City Secretary at the City Hall, 200 W. Kingsmill Street, Pampa, in accordance with the provisions of V.T.C.A., Election Code. Early voting for this election shall begin Monday, April 30, 2012 and end Tuesday, May 8, 2012, and the hours designated for early voting by personal appearance at such main early voting place shall be from 8:00 a.m. to 5:00 p.m. on each day, except Saturdays, Sundays and official State holidays. Pursuant to the provisions of subsection (d) of Section of the Texas Election Code, early voting by personal appearance at the main early voting place shall be conducted for at least twelve (12) hours between the hours of 7:00 a.m. and 7:00 p.m. on Tuesday, May 1, 2012 and Wednesday, May 2, /

51 SECTION 4: For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Contract. The Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Gray County Elections Office, Gray County Courthouse, Pampa, Texas, and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at the Central Counting Station shall be appointed and designated in accordance with the provisions of the Contract. The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section of the Election Code. SECTION 5: A voting system or systems meeting the standards and requirements of the Texas Election Code, as amended, is hereby adopted and approved for early voting by personal appearance and by mail and for election day voting. Ballots shall be prepared in accordance with V.T.C.A., Election Code, and permit electors to vote FOR or AGAINST the aforesaid measure which shall appear on the ballot substantially as follows: THE ISSUANCE OF $3,000,000 GENERAL OBLIGATION BONDS FOR CONSTRUCTING AND EQUIPPING THE CITY OF PAMPA ANIMAL WELFARE FACILITY SECTION 6: All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and V.T.C.A., Government Code, Chapter 1251, and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 7: A substantial copy of this resolution, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than twenty-one (21) full days prior to the date on which said election is to be held. Notice of the election as required by the Texas Election Code and Chapter 1251 of the Texas Government Code shall also be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days and not less than fourteen (14) full days prior to the day of the election. SECTION 8: This Resolution shall incorporate the provisions of the Contract, and to the extent of any conflict between this Resolution and the Contract, the provisions of the Contract shall control /

52 INTRODUCED, READ AND APPROVED, this the 28 th day of February, CITY OF PAMPA, TEXAS By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary (City Seal) APPROVED AS TO FORM: Leland W. Waters, City Attorney / [signature page of Election Resolution]

53 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 6 ITEM/PROJECT: MEETING DATE: RESOLUTION NO. R AMENDING AQUATIC CENTER FEES February 28, 2012 DESCRIPTION: STAFF CONTACT: Consider adopting Resolution No. R12-004, a Resolution revising the general admission fees and season pass fees for the Pampa H2O Aquatic Center. Shane Stokes FINANCIAL IMPACT: N/A SOURCE OF FUNDS: N/ /A START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Fees will be effective the beginning of Summer 2012 season. Adopt Resolution revising general admission fees. Staff recommendation is aimed toward meeting the goal of makingg the park break even financially and recuperating the sales tax on entry fees and passes. Resolution attached.

54 RESOLUTION NO. R A RESOLUTION OF THE CITY OF PAMPA, TEXAS REVISING THE GENERAL ADMISSION FEES AND SEASON PASS FEES FOR THE H2O AQUATIC CENTER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PAMPA, TEXAS: 1. That the general admission fee to the H2O Aquatic Center for persons age four (4) to seventeen (17) is hereby set at $6.00 per person, per visit, and persons eighteen (18) years and up be set at $7.00 per person, per visit. 2. That the fee for the Season Pass is hereby set at $ for individual and $ for a family (up to 5 members). INTRODUCED, READ, and ADOPTED on this the day of February, CITY OF PAMPA, TEXAS By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney

55 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 7 ITEM/PROJECT: LIST OF DISBURSEMENTS MEETING DATE: February 28, 2012 DESCRIPTION: STAFF CONTACT: Consider approving the List of Disbursements dated January 31, 2012 with total disbursements being $1,568, and the amount after balance sheet and income accounts being $881, Robin Bailey FINANCIAL IMPACT: See above SOURCE OF FUNDS: Operating Budget START/COMPLETION SCHEDULE: RECOMMENDED ACTION: BACKGROUND/ ADDITIONAL INFORMATION: Paid in January 2012 Approve List of Disbursements Check Register attached.

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142 CITY OF PAMPA AGENDA INFORMATION SHEET AGENDA ITEM NO. 7 ITEM/PROJECT: EXECUTIVE SESSION MEETING DATE: February 28, 2012 DESCRIPTION: STAFF CONTACT: EXECUTIVE SESSION: The City Commission will convene into closed session in accordance with Texas Government Code Subchapter D, Section Personnel Matters: City Manager s Evaluation Mayor & Commission