CITY OF RAGER NOTICE OF A REGULAR MEETING Notice is hereby given that a Regular Meeting of the Governing Body of the City of] Ranger, Texas, will be held on Monday, July 10, 2023 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects will be discussed, to wit: Agenda Item 01: Call to Order- Mayor Robinson Roll Call/Quorum Check Invocation of Prayer Pledge of Allegiance to the United States Flag Pledge of Allegiance to the Texas Flag Agenda Item 02: Citizen's Presentation-At this time, anyone on the list will be allowed to speak on any matter other than personnel matters or matters under litigation, for a length of time not to exceed THREE minutes. No Council/Board discussion or action may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. Agenda Item 03: Announcements from City Council or Staff-Comments may be made by council or staff, BUTNOACTION7 TAKEN on the following topics without specific notice. Those items include: Expressions of Thanks, Congratulations or Condolence; Information on Holiday schedules; Recognition of public officials, employees or citizens other than employees oro officials whose status may be affected by the council through action; Reminders of community events or announcements involving an imminent threat to the public health and Agenda Item 04: Discuss/Consider: approval of the city council meeting minutes for the safety of the people of the municipality. regular meeting on June 26, 2023. (Elected Ranger Directors). Agenda Item 05: Discuss: update from the Eastland County Water Supply District Agenda Item 06: Discuss/Consider: Eastland County Water Supply District contract modification number 5 clarifying water line ownership at point of delivery. Agenda Item 07: Discuss/Consider: status of the wastewater treatment plant repairs authorized at the February 27, 2023 meeting. Agenda Item 08: Discuss/Consider: status of police department fleet. CITYOF RANGER COUNCIL MEETING AGENDAJULY 10,2023 CONTINUED Agenda Item 09: Discuss/Consider: APPROVING RESOLUTION NO. 2023-07-10-P: A RESOLUTION OFTHE CITY OFI RANGER AUTHORIZINGTHE CITY MANAGER TO OPEN A BANK ACCOUNT AT FIRST FINANCIAL BANK, RANGER, TEXAS, FOR THE PURPOSE OF ESTABLISHING A OPIOID ABATEMENT ACCOUNT TO ACCEPT Agenda Item 10: Discuss/Consider: APPROVING RESOLUTION NO. 2023-07-10-Q: A RESOLUTION OFTHE CITY OF RANGER, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR AND UPDATE GENERATION RIDERS TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE: DENIED; AUTHORIZING PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AUTHORIZING HIRING OFLEGAL COUNSEL; FINDING' THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL: BE. REIMBURSED BY' THE COMPANY; FINDING THATTHE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPENTO THE PUBLIC AS REQUIRED BYI LAW; REQUIRING NOTICE OF THIS RESOLUTIONTO Agenda Item 11: Discuss/Consider: Consent Items; the Approval ofl Monthly Department Reports: DEPOSITS FOR OPIOID ABATEMENT SEITLEMENT FUNDS. THE COMPANY ANDI LEGAL COUNSEL. Finance Report- Director Carol Stephens Library Report- Librarian Dianal McCullough REDC 4A Report- President Steve Gerdes REDC 4B Report- President Steve Gerdes Municipal Court Report- Judge Tammy Archer Fire/EMS Report- Chief Darrel Fox Police] Department- Chief Moran Animal Control/Code Enforcement- Trace Douglas Public Works Report- Steven Burch Agenda Item 12: Discuss/Consider: Adjournment I, the undersigned authority, do hereby certify that the above notice of meeting of the Governing Body of the City of Ranger isa true and correct copy of said notice on the bulletin board at the City Hall of the City of Ranger, aj place convenient and readily available to the general public at all times, and notice was posted by 5:30 p.m., July 7, 2023 and remained posted for 72 hours preceding the scheduled time of the meeting. Somer Lee Somer Lee, City Secretary NOTICEOF ASSISTANCE The City council reserves the rightt to convenei into Executive Session concerning any of thei items listed ont this agenda under the authority oft the mayor, whenever itis consideredi necessary and legally justified under the Open! Meetings Act. Ranger City Hall and Council Chambers are wheelchair. accessible: and accessible parking spaces are available. Request fora accommodation ori interpretive services must be made 48 hours prior tot this meeting. Please contact City Secretary's office at (254)647-3522 fori information or assistance. This Notice was removed from the outside bulletin board on. by. CITY OF RAGER REGULAR MEETING MINUTES Al Regular Meeting of the Governing Body of the City of Ranger, Texas, was held on Monday, June 26, 2023 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects were discussed, to wit: Honorable Terry Robinson Commissioner.Joe Sigler Commissioner Kevan Moize Commissioner Wendy Erwin Commissioner Samantha McGinnis City Manager Savannah Fortenberry City Secretary Somer Lee Honorable Tammy S. Archer COUNCIL MEMBERS AND CITY STAFF PRESENT: Mayor Place 1 Absent Place 2 Place 3. Place 4 Agenda Item 01: Call to Order- Mayor Robinson Roll Call/Quorum Check- City Secretary, SomerLee Invocation of Prayer- Mayor Robinson Pledge of Allegiance to United States Flag- Mayor Robinson Pledge of Allegiance to Texas Flag- Mayor Robinson Agenda Item 02: Citizen's Presentation: 1.Joseph Mireles stated he requested tol be on the Agenda Item 03: Announcements from City Council or Staff- 1. City Manager, Savannah Fortenberry, announced that the workshop between the REDC Board Members and the City Council on June 27, 2023 was cancelled and is rescheduled for. July 11, 2023 at 6:00pm. She also informed that city hall will be closed Monday, July 3rd and' Tuesday,July 4th in observance of Agenda Item 04: Discuss/Consider: approval of the city council meeting minutes for the *Motion made by Commissioner Moize to approve the minutes for the regular meeting on June agenda via email, and was uncertain of the process. Independence Day. regular meeting on June 12, 2023. 12, 2023 and 2nd by Commissioner Erwin. All Ayes and Motion Passed. CITYOF) RANGER COUNCIL MEETING MINUTES-JUNE: 26, 2023 CONTINUED Agenda Item 05: Discuss/Consider: authorizing al letter ofs support to the Ranger College *Commissioner Moize requested conditions of the letter to ensure the city will have no financial *Motion made by Commissioner Moize to approve authorizing a letter of support to the Ranger Library for the traveling oil exhibit grant application. obligations, with the mayor's approval. College and 2nd by Commissioner McGinnis. All Ayes and Motion Passed Agenda Item 06: Discuss/Consider: Adjournment- 5:40pm *Motion made by Commissioner Erwin to adjourn and Commissioner Moize 2nd the motion. All Ayes and Motion Passed. These minutes were approved on the 10" day ofJuly,2023 CITY OF RANGER, TEXAS Terry Robinson, Mayor ATTEST: Somer Lee, City Secretary Page 2 of2 WATER SUPPLY CONTRACT THE STATE OF TEXAS : COUNTY OF EASTLAND : This Contract, effective as of the Ist day of June, 1992, between Eastland County Water Supply District (the' "District"), a governmental agency, conservation and reclamation District and body politic and corporate, having been created pursuant to Article 8280-139, V.A.T.C.S., all pursuant to Article XVI, Section 59 of the Texas Constitution and the City of Ranger, Texas, a municipal corporation in Eastland County, Texas (hereinafter called "City") with this Contract to be entered into pursuant to Article 8280-139, V.A.T.C.S. and Article 4413(32(c), V.A.T.C.S. WITNESSETHE WHEREAS, the District currently owns, operates and maintains a dam and impounding reservoir in Eastland County, Texas, known as Lake Leon and a water supply system which furnishes treated water that is being sold to the City and iti is preparing to issue and sell its water revenue bonds to finance the cost ofi improvements to the District's water system; and WHEREAS, the District is enteringi into a similar contract concurrently herewith with the City of Eastland, Texas (the "City of Eastland"), a municipal corporation in Eastland County, Texas; and WHEREAS, the District, the City and the City of Eastland had entered into Water Contracts dated July 15, 1952 for the purchase of treated water by the City and the City of Eastland from the District with water to be paid for by such Cities in amounts which 1 together with taxes as were to be levied by the District would be sufficient to retire the District's Eastland County Water Supply Bonds, Series 1952, in the aggregate principal amount of $1,500,000, which bonds were authorized and issued to finance the construction of the District's Lake Leon and its accompanying System; and WHEREAS, the District's Series 1952 Bonds have been duly retired and the above described Water Contracts of July 12, 1952 contemplated that such contracts would continue in effect until the District's Series 1952 Bonds were paid and redeemed and after such Bonds were retired, ai new contract would be entered into between the District, the City and the City of Eastland if it was necessary by the District to issue bonds to finance additional improvements to the District's Waterworks System; and WHEREAS, it is desirable and necessary for the best interest of the City that the District supply water to the City and that the proposed improvements to the District's system be financed by this Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, District agrees to sell and City agrees to purchase water under the terms and conditions and for the considerations hereinafter set forth, to-wit: Section 1. DEFINITIONS. Terms and expressions as used in this Contract, unless the context clearly shows otherwise, shall have the following meanings: (a) "Additional Bonds" shall mean those bonds payable in whole or in part from the District's revenues which are permitted by the Bond Resolution of the District which authorized the Bonds. (b) "Bonds" shall mean the revenue bonds issued by the District, whether one or 2 more issues, to finance the Project, which includes bonds issued to refund such bonds of the District. (c) Contracting Parties" shall mean the Cities of Ranger and Eastland, and any other contracting parties that purchase water for municipal, industrial or agricultural purposes. hereof. (d) "Debt Service Charge" shall mean that charge described in Section 3(a)(i) (e) "Debt Service Requirements" shall mean those requirements as stipulated in the Bond Resolution adopted by the governing body of the District authorizing the issuance of the District's Bonds for the payment of principal and interest on such bonds and Additional Bonds, including reserve and contingency requirements, (F) "Operating Charge" shall mean the charge described in Section 3(a)(i) hereof. (g) Project" shall mean those improvements as designated by Jacob & Martin, Inc., the District's Consulting Engineers as outlined in their Water Facilities Study for Eastland County Water Supply District dated May, 1988. (h) The term "System" shall mean all of the properties heretofore and hereafter acquired by the District from any source, used as useful in the Contract, storage, and distri- bution of water for municipal, direct, and indirect purposes or in the experience of any power pursuant to the Act, located in any county in the State of Texas, and elsewhere, including contracts, water rights, franchises, easements, and operating rights and any other similar properties, rights, contracts or facilities at any time constitutes or acquired by the District and all improvements, supplements, renewals and extensions thereof and additions 3 thereto at any time constitutes, acquired or operated by the District, other than those improvements financed by the issuance of Special Project Bonds, for which a special project contract is executed with the users of special project, which Special Project Bonds are paid by the revenues from such special project contract. Section 2. QUANTITY, QUALITY, POINTS OF DELIVERY, MEASURING EQUIPMENT, UNIT OF MEASUREMENT AND DELIVERY PRESSURE. QUANTITY. District agrees to sell and to deliver to the City at the delivery point or points hereinafter provided, and City agrees to purchase and take at such delivery point or points all water required by City during the period of this Contract for its own use and distribution to all of the customers served by the City's distribution system. The maximum quantities of water to be delivered to the City are as folloys: 7550M6 = 1.83 MGD 318-0, 1 MaD#2 maximum authorized monthy purchase Maximum authorized daily purchase Maximum authorized delivery rate 48.0MG = 2.31 MGD - l6 MGD 1600 GPM = 2.3M6) The District further agrees to use its best efforts to furnish water sufficient for the reasonable demands of the City, but its obligations to furnish such water shall be limited to the amount of water available to it, and the capacity of the District's water supply facilities, which is 6 million gallons per day, having due regard for the equitable interest of both the City, the City of Eastland and the District together with the Contracting Parties to the District's water. However, once the District is pumping 90% of the 61 million gallons per day capacity of its water supply facilities, it shall initiate an engineering study to determine the need for expansion of the District's water supply facilities. 4 QUALITY. The City has satisfied itself as to the quality of the water which will be delivered to it by the District from Lake Leon, and the City has agreed that the quality of the water will be satisfactory. The City also has satisfied itself that such water will be suited for its municipal and industrial needs. However, the District agrees to comply with all state and federal rules, regulations and laws in reference to water quality. POINTS OFI DELIVERY. Thej point or points of delivery into the City's distribution system shall be at that point or points of delivery already determined when the District's system was originally constructed, as being that point or points of delivery near the intersection of Houston Street and the Texas and Pacific Railroad. MEASURING EQUIPMENT. (a) District shall furnish, install, operate and maintain at its own expense the necessary metering equipment of standard type for measuring properly the quantity of water delivered under this Contract. Such metering equipment shall be located on the District's supply main at al location already designated by District. Such meter or meters and other equipment sO installed shall remain the property of District. City shall have access to such metering equipment at all reasonable times, but the reading, calibration and adjustment thereof shall be done only by the employees or agents of the District. For the purpose of this Contract, the original record or reading of the main meter shall be thej journal or other record book of the District in its office in which the records of the employees or agents of the District who take the reading are or may be transcribed. Upon written request by the City, the District will give the City a copy of such journal or record book, or permit the City to have access to the same in the office of the District during reasonable business hours. 5 (b) Not more than once in each calendar year, on a date as near the end of such calendar year as practical, the District shall engage a representative of the meter company or of the State of Texas to calibrate its main meter or meters and present to the City accuracy certification. This calibration shall be performed in the presence of a representa- tive of City, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated by a representative of the meter company or of the State of Texas Department of Weights and Measures in the presence of a representative of the District and the parties shall jointly observe any adjust- ments which are made to the meter in case any adjustments shall be necessary. The District shall give City notice of the time when any such calibration is to be made. Ifa representa- tive of City is not present at the time set, the District may proceed with calibration and adjustment in the absence of any representative of the City. (c) Ifeither party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty eight (48) hours notice of the time of any test of meter sO that the other party may conveniently have a representative present. (d) If, upon any test, the percentage ofi inaccuracy of metering equipment is found to be in excess of two per cent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and ifs such time is not ascertainable, then for a period extending back one-half (1/2) of the time 6 elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair SO that the amount ofv water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repair, shall be estimated and agreed upon by the parties thereto upon the basis of the best data available. Forsuch purpose, the best data available shall be deemed to be the registration of any check meter if the same has been installed and is accurately registering. Otherwise, the amount of water delivered during such period may be estimated (1) by correcting the error if the percentage of error is ascertainable by calibration tests or mathematical calculation, or (ii) by estimating the quantity of delivery by deliveries during the preceding periods under similar conditions when the meter was registering accurately. (e) The City may, at its option and its own expense, install and operate a check meter to check the meter installed by the District, but the measurement of water for the purpose of this Contract shall be solely by the District's meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject to all reasonable times to inspection and examination by any employee or agent of the District, but the reading, calibration and adjustment thereof shall be made only by the City, except during any period when a check meter may be used under the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration and adjustment thereof shall be made by thel District with like effect as ifs such check meter had been furnished or installed by the District. UNIT OF MEASUREMENT. The unit of measurement for water delivered 7 hereunder shall be 1,000 gallons of water, U. S. Standard Liquid Measure. DELIVERY PRESSURE. The water shall be delivered by the District at the point of delivery at a pressure equal to that maintained in the City's distribution system when the existing City's standpipe storage is full of water. Section 3. PRICES AND' TERMS. (a) The parties to this Contract recognize that since the cost of operating the District's System will vary from year toj year, it is not practical to fix a set schedule of rates in this Contract which will control the price charged for water sold to the City. The City and the City of Eastland will pay their proportionate share of the cost of the operation of the District based on the amount of water received by the City and the City of Eastland. It is understood that the Bonds will be principally secured by the Contracts with the City and the City of Eastland; however, it is also recognized that the District may sell water to other contracting parties. Consequently, revenues received from other contracting parties shall be treated by the District as a credit to the City and the City of Eastland's water charges from the District. The monthly water charge to be paid by the City will consist of two components as follows: () Operating Charge - shall mean that monthly charge which will produce monies equal to the District's annual budget for all costs and expenses (except Debt Service Requirements) for the operation of the District. This charge shall be computed by dividing the current fiscal year's budget for all costs and expenses by the lowest annual volume of 1000 gallons of water delivered by District to the City and the City of Eastland for the last five fiscal years to obtain a cost per 1000 gallons of treated water. This charge shall be monthly billed to the City and the City of 8 Eastland, by multiplying the charge by the number of 1000 gallons of water as registered by the District's meters for each respective purchaser of water. (i) Debt Service Charge shall mean that monthly charge which will produce moneys equal to thel District's Annual Debt Service Requirements. This Debt Service Charge shall be one-twelfth of the Annual Debt Service Requirements all as described in Exhibit A attached hereto. To determine the basis for the District's Debt Service Charge, the District shall determine the total volume of metered water by thousand gallons delivered to the Cities of Ranger and Eastland for the last complete fiscal year. Each City's percentage of that total amount of water delivered to the Cities shall be determined by dividing the metered amount of water delivered to each of the two Cities by the total amount of water received by both Cities. This calculation shall determine the percentage amount of the Annual Debt Service Requirement which each of the Cities shall be responsible for, in reference to the District's ensuing fiscal year. The City's share of the Annual Debt Service Requirement shall be converted to a monthly charge by multiplying the amount of the respective City's percentage times the Annual Debt Service Requirement which will produce the product of the City's share of the Annual Debt Service Requirement which shall then be divided by 12 in order to determine the monthly Debt Service Charge which both the City and the City of Eastland shall pay on the 10th day of each month upon receipt of a bill from the District. (b) The Parties to this Contract expressly understand that payment of the District's Bonds are totally supported by the revenues from this Contract, and the like contract with 9 the City of Eastland, and the City shall be obligated to pay the aforesaid water charges in accordance with the provisions of the Contract, subject to the exceptions set forth in Section 6h hereof, and subject to applicable credit as provided in this Section, regardless of whether or not the District actually delivers or tenders delivery of water or whether or not the City actually receives or accepts said water. (c) The District shall bill the City monthly for the amounts due the District hereunder for the preceding billing month which bill shall disclose the nature of the amounts due. Such monthly bills shall be delivered to the City within five days after the end of each billing month. All such bills shall be paid by the City on or before the tenth day of the month in which they are received, at the office of the District in Eastland County, on F.M. 2461 near Ranger, Texas. (d) In the event the City shall fail to make any payment required to be made to the District under the Contract, within the time specified herein, interest on the amount due shall accrue at the rate of ten percent (10%) per annum from the date such payment becomes due, until paid in full with interest as above specified. In the event any such payment is not made within sixty days from date such payment becomes due, the District may, at its option, discontinue the delivery of water to the City until the amount then due the District is paid in full with interest as above specified. (e) The District may issue additional bonds for this Project and for any other improvements as permitted by the Bond Resolution that authorized the Bonds, after obtaining the approval oft the City, without amending the Contract. The Exhibit A attached hereto shall be supplemented to reflect the new Debt Service Requirements for the payment 10 of principal and interest on the Bonds. (E) The Parties hereto recognize the statutory and contractual duty of the District to fix and from time to time revise water rates under this Contract sO that the revenues of the District will at all times be sufficient to enable the District to pay its operation and maintenance expenses and to pay the principal of and interest on the Bonds. The water charge shall be calculated at the beginning of each fiscal year. (g) Any mistakes in any calculations or figures shall not alleviate the City's obligation to make payments to the District sufficient to pay the principal of and interest on the Bonds and to pay the City's proportionate share of cost of operating the District. Section 5. SPECIAL CONDITIONS. (a) The District agrees that it will not sell water to any customer now being served by City or reasonably capable of being served by the Cityswaterworks distribution system, except with thee express written consent of the City. (b) District shall, subject to Section 6 and the other provisions of this Contract, hold itself ready, willing and able to supply water to City to the extent it is capable. (c) Title to all water supplied hereunder shall remain in District to the Point of Delivery, and upon passing through the District's meter or meters installed at the specified Point of Delivery such title to the water shall pass to City. Each of the parties hereto shall be responsible for and agrees to save and hold the other party harmless from all claims, demands and causes of action which may be asserted by anyone on account of the ransportation, delivery and disposal of said water while title remains in such party. (d) District shall never have the right to demand payment by City of any obligation assumed or imposed on it under and by virtue of this Contract from funds raised or to be 11 raised by taxation. City's obligation under this Contract shall never be construed to be a debt of City of such kind as to require it under the laws of this State to levy and collect a tax to discharge such obligation, it being expressly understood by the parties hereto that all payments due by City hereunder are to be made from the revenues received by City from its waterworks system. (e) Cityr represents and covenants that the water supply to be obtained pursuant to this Contract is essential and necessary to the operation of its waterworks system, and that all payments to be made hereunder byi it will constifutereasonable and necessary "Operating Expenses" of City's waterworks system as defined in Article 1113 of the Revised Civil Statutes ofTexas of 1925, as amended; and that all such payments will constitute reasonable and necessary operating expenses of the City'swaterworks: system, under any and all revenue bond issues of City, with the effect that the City's obligation to make payments from its waterworks system revenues under this Contract shall have priority over its obligations to make payment of the principal of and interest on any and all of its revenue bonds. (f) City agrees to fix and collect such rates and charges for water and services to! be supplied by its waterworks system as will make possible the prompt payment of all expenses of operating and maintaining its waterworks system, including all payments contracted hereunder, and the prompt payment of the principal of and interest on its obligations payable from the revenues of its waterworks system. (g) During any period of time when, in the judgment of the District, there is a critical shortage of water in the sources of supply available to District, which makes it impractical or inadvisable for District to deliver to the City and the City of Eastland and 12 other Contracting Parties with which it has water supply contracts the full amounts of water required to be delivered thereunder, the water deemed available by the District from its sources of supply, subject to the City's first priority to water in Section 2 hereof, shall be rationed to the Contracting Parties during each month of such period of time, as follows: (i) there shall be calculated for the City, the City of Eastland and each of the Contracting Parties the total amount of water from all sources actually consumed by such city and Contracting Parties and the customers of the waterworks system during the immediately preceding month; and (ii) from such total amount of water thus calculated for each City and Contracting Party there shall be deducted the amount of such water which was obtained during said immediately preceding month from any source of water supply owned by each City and Contracting Party and not under control of District; and (ii) District's available water shall be prorated ratably between such Cities and Contracting Parties in proportion to the aforesaid resulting amounts for each Contracting Party. Section 6. FORCE MAJEURE. In case by reason of force majeure either party hereto shall be rendered unable wholly or partially to carry out its obligations under this Contract, other than the obligation of City to make the payments required under the terms hereof, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, sO far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no 13 longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term 'Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of a public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipe lines or canals, partial or entire failure of water supply, or inability on the part of the District to deliver water hereunder on account of any other causes not reasonably within the control of the District. Iti is understood and agreed that the settlement of strikes and lockouts shall be difficult, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Section 7. TERM OF CONTRACT. It is recognized that District has issued, sold and delivered, or proposes to issue, sell and deliver its Bonds in order to aid the District in carrying out its obligations under this Contract. Iti is agreed between the parties hereto that this Contract shall become effective on the date of execution hereof. Thereafter, this Contract shall be and continue in full force and effect through the calendar year 2032. Section 8. MODIFICATION. This Contract may be changed or modified only with the consent of the governing bodies of the District and the City. Such modification may be requested by either party, in which event meetings of such governing bodies shall be held 14 not less than ninety days after the giving of such notice, at which meetings the requested changes or modifications shall be considered and discussed. No such change or modification may be made which will affect adversely the prompt payment when due of all moneys required to be paid by City under the terms of this Contract, and no such change shall be effective which would cause a violation of any provision of the Bond Resolution. (b) Should it become necessary or advisable, in the judgment of District, for District to provide any major expansion of its sources of water supply, water production or water transmission facilities during the term of this Contract, which expansion would require the issuance of Additional Bonds by District, District agrees to notify City in writing of its intention to undertake such expansion. Upon receipt of any such notification, City agrees to evaluate its water needs under then existing conditions, and agrees to advise District of the result of such evaluation not later than 60 days after receipt of such notification. IfCity determines that the improvements are desirable it shall request a joint meeting of the governing bodies of both District and City or hold separate meetings to consider and discuss modification of this Contract in accordance with the provisions of Section 3 hereof. 4 Section 9. REGULATORY BODIES. This Contract shall be subject to all valid rules, regulations and laws applicable in the State of Texas, or any governing body oragency having lawful jurisdiction, or any authorized representative or agency of any of them. Section 10. NOTICES. All notices or communications provided for herein shall be in writing and shall be delivered to City orl District; and if mailed, shall be sent by registered mail, postage prepaid, addressed to the City of Ranger, Texas 76470, or until otherwise specified by District in writing, to District at its office in Ranger, Texas, 76470, 15 - IN WITNESS WHEREOF, the parties hereto acting under authority of their respective Boards of Directors have caused this Contract to be duly executed in several counterparts, each of which shall constitute a duplicate original, all as of the day and year first written above. EASTLAND COUNTY WATERSUPPLYI DISTRICT By, EDL President, Board of Directors ATTEST: htlkaske Secretary, Board of Directors (DISTRICT'S SEAL) CITY OF RANGER, TEXAS By. Ronn Mayor a2E City (CITY SEAL) a 16 ORDINANCE NO. ORDINANCE AUTHORIZING THE EXECUTION OF MODIFICATION CONTRACT NO.3 WITH EASTLAND COUNTY WATER SUPPLY DISTRICT, APPROVING ISSUANCE OF BONDS BY EASTLANDCOUNTY WATER SUPPLYDITRICTANDRESOLVINGOTHER MATTERS RELATED THERETO THE STATE OF TEXAS COUNTY OF EASTLAND S CITY OF RANGER WHEREAS, Eastland County Water Supply District ("District") and the City of Ranger ("City") entered into a Water Supply Contract dated as of. June 1, 1992 ("Contract") pursuant to Article 8280-139, V.A.T.C.S. and Article 4413(32c), V.A.T.C.S., now codified as Chapter 791 of the Government Code, as amended and modified by Modification Contract No. 1 dated as of September 1, 1997 (collectively, the "Contract"). WHEREAS, the District issued Eastland County Water Supply District Water Supply Revenue Bonds, Series 1992, in the aggregate principal amount of $1,850,000 ("Series 1992 Bonds"); WHEREAS, under the Contract the City agreed to payaproportionate: shareofthed operating costs oft the District and aj proportionate share ofthe debt service payments on the 1992 Bonds; WHEREAS, thel District intends to issue its Water Supply Revenue Bonds, Series 2011 (the "2011 Bonds"), to fund the costs of water treatment plant construction and rehabilitation and a transmission line (the "2011 Project"); WHEREAS, the 2011 Bonds are to be issued as "Additional Bonds" as authorized by the WHEREAS, the Contract provides in Section 8 thereof that the District may modify the Contractwith: approvalofthel City, as long as suchi modification doesnotadyerselyafet theprompt payment when due, of all moneys required to be paid to the City pursuant to the terms of the Contract, and no such change shall be effective which will cause any violation ofany provisions of 1992 Resolution; the Bond Resolution that authorize such Bonds; WHEREAS, this City Councilhereby: finds and determines thatitisnecessary: andi int the best interests of the City to amend and modify the Contract in order to provide for the City to paya proportionate share oft the debt service requirements of the 2011 Bonds; and WHEREAS, it is officially found, determined and declared that the meeting at which this Ordinance has been adopted was open to the public, and public notice oft the date, hour, place and subject of said meeting, including this Ordinance, was given, all as required by the applicable BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF provisions of Chapter 551, Texas Government Code; Now, Therefore RANGER, TEXAS: Section 1. Modification Contract No.3. The City Council hereby approves Modification Contract No. 3, substantially in the form attached hereto as Exhibit A, and the Mayor is hereby authorized to execute and the City Secretary Modification Contract No. 3 on behalfofthe City, as provided below. Section 2. ExecutonofMolifisation Contract No.3. Modification ContractNo.. 3ishereby amended as provided herein upon execution by the Mayor and the City Secretary. The Mayor is hereby authorized to execute Modification Contract No. 3, upon the receipt ofa written letter from thel Presidento ofthel Board ofDirectors ofthe District, advising the City that thel District has adopted ar resolutiona authorizing the issuance ofthel Bonds at ai truei interest cost noti in excess of with thel Distric'sdehtservice: described inl Exhibit A whichshall be attachedt tot this Ordinance, and the Contract is hereby amended by Modification Contract No. 3, and such Modification Contract % No. 3, as amended and modified, is hereby ratified and confirmed. Section 3. Approval ofDistrict's2 2011 Bonds. The City hereby approves the authorization andi issuance ofthe 2011 Bonds by the District withi the debt servicea andr reserve for the 2011 Bonds set forth in the attached Exhibit A. Section 4. Further Action. The Mayor, Mayor Pro Tem, City Manager, City Secretary and Director of Finance oft the City are hereby instructed to do any and all things necessary in ordert to accomplish execution and delivery ofl Modification Contract No. 3 and to carry out the intent and purpose of this Ordinance. Execution Page Follows 2 PASSED, APPROVED and ADOPTED on Mayor, City of Ranger, Texas ATTEST: City Secretary, City of Ranger, Texas CITY SEAL 3 EXHIBITA MODIFICATION CONTRACTNO.3 CERTIFICATE FORI RESOLUTION THE STATE OF TEXAS COUNTY OF EASTLAND EASTLAND COUNTY WATER SUPPLY DISTRICT We, the undersigned officers ofs said District, hereby certify as follows: 1. The Board of Directors ofs said District convened in REGULAR MEETING ON THE 15TH DAY OFI MAY,2003, at the regular designated meeting place, and the roll was called ofthe duly constituted officers and members of said Board of Directors, to-wit: Tom Crowder, President Edwin Lummuns, Vice President Mary Wells, Secretary Bobby G. Adams Wayne. Jones David Rogers James Landtroop Ken Chapman Tommy Warford James Landtroop & David Rogers members: thus and all ofsaid persons were present, except thei followingr constituting ac quorum. Whereupon, among other business, the following was transacted ats said Meeting: RESOLUTION AUTHORIZINGTHE EXECUTIONOF MODIFICATIONCONCONTRACTNO: 17 TO THE EASTLAND COUNTY WATER SUPPLY DISTRICT WATER SUPPLY was duly introduced for the consideration of said Board of Directors and read in full; it was then duly moved and seconded that said Resolution be passed to become effective immediately; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the awritten CONTRACT-CITY OF RANGER, TEXAS following vote: AYES: NOES: All members ofs said Board ofl Directors shown present above voted. Aye". None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolutionhas been duly recordedi in said BoardofDirector' minutes ofsaid! Meeting; thatt the above and foregoing paragraphisat true, full: and correct excerpt from said Board ofl Directors' minutes ofsaid Meeting pertaining tot the passage ofsaid Resolution; that thej persons named in thes above and foregoingi paragraph are the duly chosen, qualified and acting officers and members of said Board of Directors as indicated therein; that cach oft the officers andi members ofsaid Board ofl Directors was duly and sufficiently notified officially and personally, in advance, oft the time, place and purpose ofthe aforesaid Meeting, andt that said Resolution' would bei introduced: and considered forp passage at said Meeting, and each ofsaid officers and members consented, in advance, to the holding ofs said Meeting for such purpose, and that said Mecting was open to the public and public notice oft the time, place and purpose ofs said meeting was given, all: as required by Chapter 551, Texas Govemment Code. 3. That the President of said District has approved and hereby approves the aforesaid Resolution; that thel President and the Secretaryo ofthe Board ofDirectors ofs said District have dulys signed said Resolution; and that thel President and the Secretary oft thel Board ofl Directors ofs said District hereby declare that their signing of this Certificate shall constitute the signing oft the attached and following copy ofsaid Resolution for allj purposes. SIGNED AND SEALED the 15th day ofN May, 2003. 2266 President, Board of Directors Secretary, Boatd of Dadhw (SEAL) RESOLUTION ATIONENCTENCITONO MODIFICATIONCONCONTRACTNO. 11 TO THE EASTLAND COUNTY WATER SUPPLY DISTRICT WATER SUPPLY CONTRACT-CITY OF RANGER, TEXAS THE STATE OFTEXAS COUNTY OF) EASTLAND : EASTLAND COUNTY WATER SUPPLY DISTRICT WHEREAS, the City ofl Ranger ("City")i in Eastland County, Texas, isa city duly organized and WHEREAS, the Citye enteredi intos al Modification Contract No. 1("Modification' Contract")ofthe Eastland County" Water Supply District Water Supply Contract, dated. June 1,1992("Contract"), in order toe extend the term of Contract to the calendar year 2044 by modification of Section 7 ofsuch Contract. THEREFORE, BEITRESOLVEDI HYTHEBOARDOFDIRECTORSOFEASTLAND I. That the District is hereby authorized to enter into al Modification Contract with the City, which Modification Contract is substantially in the form attached hereto as Exhibit A and made aj part existing pursuant to the Constitution and general laws of the State ofTexas; and COUNTY WATERSUPPLY DISTRICT: hereof for all purposes. 2. That the President and the Secretary oft the Board of Directors are hereby instructed to execute such Modification Contract on behalfoft thel District. 3. That this Resolution shall goi into effect immediately. SIGNED AND SEALED the. J5TK day ofN May, 2003 EASTLANDO COUNTYWATERSUPPLYDISTRICT OLk President, Board of Directors ATTEST: (SEAL) Bdk MODIFICATION CONTRACTI NO.I THE STATE OF TEXAS COUNTY OF EASTLAND 5 $ $ EASTLAND COUNTY WATER SUPPLY DISTRICT Eastland County Water Supply District ("District") and the City of Ranger("City) have entered into a Water Supply Contract dateda as ofJune 1, 1992( ("Contract") pursuant to Article 8280-139,VAT.CS. and Article 4413(32c), V.A.T.C.S., now codified as Chapter 791 of the Government Code. WITNESSETE: WHEREAS, the District has authorized thei issuance ofEastiand County Water Supply District Water Supply Revenue Bonds, Series 1992, in the aggregate principal amount of$1,850,000 ("Series 19921 Bonds") WHEREAS, the Contract provides in Section 81 thereofthat the District may modify the Contract with approval of the City, as long as such modification does not adversely affect the prompt payment when due, of all moneys required to be paidt to the City pursuant to the terms of the Contract, and no such change shall be effective which will cause any violation of any provisions of the Bond Resolution that authorized such WHEREAS, the City! has requested the District to amend' "Section 7. TERM OF CONTRACT" in order to increase the term of the Contract from the calendar year 2032 to the calendar year 2044; and WHEREAS, the governing bodies ofthe City and thel District have agreed to this modification which NOW.THEREFORE, in consideration of mutual covenants and agreements berein contained, the City and the District agrees to this modification lo the Contract originally dated as of June 1, 1992, as at the same time that the Contract was executed; and Bonds; and is hercby found to be consistent with the provisions oft the Contract. modified, to-wit: Section 1. Thatt the terms oft the Contract is hereby extended to thec calendar year 2044 and that Section 7. TERMS OF CONTRACT is hereby amended and modified to read as follows: Section 7. TERM OF CONTRACT. Itis is recognized that the District has issued, sold and delivered, or proposes to issue, sell and deliver its Bonds in order to aid the District in carrying out it obligations under this Contract. Itis agreed between the parties hereto that this Contract shall become effective on the date of execution hereof. Thereafter, this Contract shall be and continue in full force and effect through the calendar year 2044. Section 2. Thatthe Contract is amended andi modified, andi is bereby reaffirmed by the City and the District and that all of the provisions oft the Contract are hereby re-adopted! by the City and the District. INWITNESS WHEREOF, thej parties! hereto acting under the: authority of thet respective bodies have cause this Modification Contract No. 1 to the Water Supply Contract to be duly executed in several counterparts, each of which shall constitute a duplicate original, all as oft the Ist day of June, 2003. EASTLAND COUNTY WATERS SUPPLYDISTRICT RL President, Board of Directors By ATTEST: Secretary, Boardo of Directors Qomehw (DISTRICT'S SEAL) CITY OF RANGER, TEXAS By. Mayor Bnadlbt ATTEST: Athe lmak City Secretary (CITY SEAL) CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS S COUNTY OF EASTLAND S EASTLAND COUNTY WATER SUPPLY DISTRICT We, the undersigned officers ofs said District, hereby certify as follows: 1. The Board of Directors of said District convened in REGULAR MEETING ONTHE 18TH DAY OF MARCH, 2010, at the regular designated meeting place, and the roll was called oft the duly constituted officers and members of said Board ofl Directors, to- wit: Bobby R. Green, President Don Griffin, Vice-President Mary Wells, Secretary T.D. Crowder Kenneth Brown Kenneth Chapman Don Greenroy Wayne Jones and all of said persons were present, except the following members: thus constituting a quorum. Whereupon, among other business, the following was transacted RESOLUTION AUTHORIZING THE EXECUTION OF MODIFICATION CONTRACTNO.2TO THE EASTLAND COUNTY WATER SUPPLY DISTRICT WATER SUPPLY CONTRACT-CITY OF RANGER, TEXAS was duly introduced for the consideration ofs said Board of] Directors and read in full; it was then duly moved and seconded that said Resolution be passed tol become effective immediately; and, after due discussion, said motion carrying with it the passage ofs said at said Meeting: a written Resolution, prevailed and carried by the following vote: AYES: NOES: All members of said Board ofDirectors shown present voted "Aye". None. 2. That a true, full and correct copy oft the aforesaid Resolution passed at the Meeting described int the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board ofD Directors' minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Board of Directors' minutes ofsaid Meeting pertaining to the passage of said Resolution; that thej persons named ini the above and foregoing paragraph are the duly chosen, qualified and acting officers and members ofs said Board ofI Directors as indicated therein; that each of the officers and members ofs said Board of Directors was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose oft the aforesaid Meeting, and that said Resolution would bei introduced and considered for passage at said Meeting, and each ofsaid officers and members consented, in advance, to thel holding ofs said Meeting for such purpose, and that said Meeting was open to the public and public notice oft the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the President of said District has approved and hereby approves the aforesaid Resolution; that the President and the Secretary ofthe Board of Directors ofs said District have duly signed said Resolution; and that the President and the Secretary oft the Board of Directors ofs said District hereby declare that their signing oft this Certificate shall constitute the signing oft the attached and following copy ofs said! Resolution for all purposes. SIGNED. AND SEALED the 18th day ofMarch, 2010. President, dfDirectors Bphn Bdardo Qybw (SEAL) RESOLUTION AUTHORIZAING THE EXECUTION OF MODIFICATION CONTRACTNOITOTHE: EASTLAND COUNTY WATER SUPPLY DISTRICT WATER SUPPLY CONTRACT-CITY OF RANGER, TEXAS THE STATE OF TEXAS S COUNTY OF EASTLAND $ EASTLAND COUNTY WATER SUPPLY! DISTRICI WHEREAS, the City of Ranger ("City") in Eastland County, Texas, is a city duly organized and existing pursuant to the Constitution and general laws ofthe State ofTexas; and WHEREAS, the City entered into al Modification Contract No. 2("Modification Contract") of the Eastland County Water Supply Contract, dated. June 1, 1992 ("Contract"),in order to increase the maximum authorized monthly purchase quantity of water to be delivered to the City to 55.01 MG by modification Section 2 of such contract. EASTLAND COUNTY WATER SUPPLYI DISTRICT: THEREFORE, BEI IT RESOLVED BY THE BOARD OF DIRECTORS OF 1. That the District is hereby authorized to enter into al Modification Contract with the City, which Modification Contract iss substantially in the form attached hereto as Exhibit A and made aj part hereof for all purposes. 2. That the President and the Secretary of the Board of] Directors are hereby instructed to execute such Modification Contract on behalfofti the District. 3. That this Resolution shall go into effect immediately. SIGNED AND SEALED the 18th day ofMarch, 2010. EASTLAND COUNTY WATER SUPPLYDISTRICT BRbR President, Board of Directors By: ATTEST: Gbw (SEAL) MODIFICATION CONTRACTNO.2 THE STATE OF' TEXAS COUNTY OF EASTLAND $ S S EASTLAND COUNTY WATER SUPPLY DISTRICT Eastland County Water Supply District ("District") and the City of] Ranger ("City") have entered into a Water Supply Contract dated as ofJune 1,1 1992 ("Contract") pursuant to Article 8280-139, V.A.T.C.S. and Article 4413(32c), V.A.T.C.S., now codified as Chapter 791 ofthe Govemment Code. WITNESSETHE WHEREAS, the District has authorized the issuance of] Eastland County Water Supply District Water Supply Revenue Bonds, Series 1992, in the aggregate principal amount of $1,850,000 ("Series 1992 Bonds") at the same time that the Contract was executed; and WHEREAS, the Contract provides in Section 8 thereof that the District may modify the Contract with approval oft the City, as long as such modification does not adversely affect the prompt payment when due, of all moneys required to bej paid to the City pursuant to the terms oft the Contract, and no such change shall be effective which will cause any violation of any provisions oft the Bond Resolution that authorized such Bonds; and WHEREAS, the City has requested the District to amend' "Section 2. QUANTITY, QUALITY,POINTS OF DELIVERY, MEASURING EQUIPMENT, UNIT OF MEASUREMENT AND DELIVERY PRESSURE" inj part in order toi increase the maximum authorized monthly purchase quantity of water to be delivered to the City from 48.0MGt to 55.0MG; and WHEREAS, the governing bodies oft the City and the District have agreed to this modification which is hereby found to be consistent with the provisions ofthe Contract. NOW,THEREFORE, in consideration of mutual covenants and agreements herein contained, the City and thel District agree to this modification to the Contract originally dated as of] June 1, 1992, as modified, to-wit: Section 1. That the maximum authorized monthly purchase quantity of water to be delivered to the City isl hereby increased to 55.0 MG and that Section 2. QUANTITY, QUALITY,POINIS OF DELIVERY, MEASURING EQUIPMENT,UNIT OF MEASUREMENT AND DELIVERY PRESSURE is hereby amended and modified inj part to read as follows: The maximum authorized monthly purchase quantity of water tol be delivered tot the Section 2. That the Contract is hereby amended and modified, and is hereby Cityi is 55.0MG. reaffirmed by the City and the District subject to this amendment and modification and to modification no. 1. IN WITNESS WHEREOF, the parties hereto acting under the authority oft the respective bodies have caused this Modification Contract No. 21 to the Water Supply Contract to be duly executed in several counterparts, each of which shall constitute a duplicate original, all as oft the 18th day ofl March, 2010. EASTLAND COUNTY W,ATER SUPPLYDISTRICT By_ Blphea President/Board ofI Directors ATTEST: Gpphur DISTRICT'SSEAL) CITY OF RANGER, TEXAS hayase By_ Mheen ATTEST: fity ard a (CITY SEAL) CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF EASTLAND CITY OF RANGER follows: I. We, the undersigned Mayor and City Secretary of the City of Ranger, Texas, hereby certify as The City Council of said City convened in Regular Session on November 14, 2011, at the scheduled meeting place thereof, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Raymond Hart, Mayor Troy Emery, Mayor Pro Tem Connie Hovey, Council Member Ben Yarbrough, Council Member and all of said persons were present, except Commissioner Ben Yarbrough thus constituting a quorum. Whereupon, among other business, the following was transacted at said AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; DESIGNATING CERTAIN CONSULTANTS; AND MAKING CERTAIN FINDINGS IN CONNECTION was duly introduced for consideration and passage. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said meeting: a written Resolution THEREWITH Resolution, prevailed and carried by the following vote: AYES: 2. NOES: ABSTENTIONS: A true, full and correct copy oft the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the official minutes of said City Council; the above and foregoing paragraph is a true and correct excerpt from said minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph, at the time ofs said meeting and the passage ofs said Resolution, were the duly chosen, qualified and acting members ofs said City Council as indicated therein; each of said officers and member was duly and sufficiently notified officially and personally in advance, oft the time, place and purpose of the aforesaid meeting and that said Resolution would be introduced and considered for passage at said meeting; and said meeting was open to the public, and public notice oft the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. 3. The Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy ofsaid Resolution for all purposes. SIGNED AND SEALED this November 14, 2011, Mayor City of Ranger, Texas ape LL City Secretayy City of Ranger, Texas (CITY SEAL) 2 RESOLUTION, 2011-11-14 AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; DESIGNATING CERTAIN CONSULTANTS; AND MAKING CERTAIN FINDINGS IN CONNECTIONTHEREWITH THE: STATE OF TEXAS COUNTY OF EASTLAND CITY OF RANGER S $ $ WHEREAS, the City of Ranger, Texas (the' "City") hereby finds and determines that therei is an urgent WHEREAS, such capital improvements cannot be reasonably financed unless financial assistance is WHEREAS, ina accordance witht thei rules ofthe" Texas Water Development Board, the City! has requested proposals from entities that are qualified toi represent the City: as its engineering firm, financial advisorandbond counsel in connection witht thei financial assistance from the" Texas Water Development Board fort thec construction need for the construction of improvements tot the City's sewer: system; and obtained from the Texas Water Development Board; and ofimprovements to the City'ssewer system; WHEREAS, it is hereby officially found and determined: that public notice of the time, place, and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. BEIT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANGER: 1. Anapplication is hereby approved and authorized to be filed withthe7 Texas Water Development Board seeking financial assistance in an amount not to exceed. $4,405,000,0001 toj provide funds toj pay the costs fori improvements tot the City's sewer system, including constructing ande equipping a wastewater treatment plant. 2. That thel Mayor ofs said City is hereby designated the: authorized: representativeofthed City forthe purpose off furnishing suchi information and executing such documents as may be requiredi inc connection witht the preparing and filing ofsuch application for financial assistance and with complying with ther rules oft the Texas the preparation and submission ofs such application and appear on behalfo ofand represent the City before any Water Development Board. 3. That the following firms andi individuals are hereby authorized and directed to aid and assist in hearing held by the Texas Water Development Board on such application, to-wit: Financial Advisor Mr. George Williford Mr. Erick Macha First Southwest Company 325 North St. Paul Street, Suite 800 Dallas, Texas 75201 Mr. Leroy Grawunder Mr. Jeff Gulbas McCall, Parkhurst & Horton) L.L.P. 7171 North Harwood Street, Suite! 900 Dallas, Texas 75201 Bond Counsel Engineer Mr. Ken Martin Mr. Bryce Campbell Jacob & Martin, LTD. 3465 Curry Lane Abilene, Texas 79606 4. That this Resolution shall become effective immediately upon adoption. SIGNED. AND: SEALED this November 14, 2011. Kail Mayof Bapnl City ofRanger, Texas oiy City Secreta/y City of Ranger, Texas (CITYS SEAL) 2 MODIFICATION CONTRACT NO.3 THE STATE OF TEXAS COUNTY OF EASTLAND CITY OF RANGER $ $ $ Eastland County Watcr Supply District ("District") and the City of Ranger ("City") have entered into a Watcr Supply Contract dated as of June 1, 1992 ("Contract") pursuant to Article 8280139, V.A,T.C.S. and Article 4413(32c), V.A.T.C.S., now codified as Chapter 791 of thc Government Code, as amended and modified by Modification Contract No. I dated as ofJune 1, 2003, and by Modification Contractl No. 20 datcd: as ofMarch 18, 2010(collectively, thc' "Contract"). WITNESSETH: WHEREAS, pursuant to a resolution adopted Junc 4, 1992 (thc "1992 Resolution") the District authorized the issuance of1 Eastland County Water Supply District Watcr Supply Revenuc Bonds, Series 1992, in the aggregate principal amount of$1,850,000 ("Series 1992 Bonds"); WHEREAS, under thc Contracti the Cityagreed1 to payap proportionateshareortheoperating costs ofthe District and aj proportionate sbarc ofthe dcbt service payments on1 the 1992 Bonds; WHEREAS, thc) District also entered into a water supply contract with thc CityofEastland, Texas(the' "Eastland Contractpursuant to whichthc CityofEastland agreedt top payaproportionate sharc ofthe operating costs ofthel District and a proportionate share ofthe dcbt service payments on WHEREAS, the District intends to issuc its Water Supply Rcvenue Bonds, Taxable Series 2012 (the' "2012Bonds"), to fund the costs ofwater treatment plant construction and rchabilitation and a transmission linc as described in the Eastland County Water Supply District Water System Improvements Preliminaryl Enginccring Feasibilityl Report preparcd by Enprotec/Hibbs &' Todd, the the 1992 Bonds; District's consulting cngineers (the' "2012 Project"); WHEREAS, thc 2012 Bonds are to bei issued as "Additional Bonds" as authorized by the WHEREAS, the Contract provides in Scction 8 thercof that the District may modify the Contracti witha approvalofthe City, as long assuch modification doesnota adverselyaficctt thep prompt payment when due, of all moncys required to be paid to thc City pursuant to the terms of thc Contract, and no such change shall be effective which will causc any violation ofany provisions of WHEREAS, thc City and the District desire to amend and modify thc Contract in order to provide fort the Chylopayaproporionate shareofthe debt service requirements ofthe 2012E Bonds; 1992 Resolution; the Bond Resolution that authorize such Bonds; WHEREAS, thel District intends to amend and modify the Eastland Contract to provide for the CityofEastland top payaproportionatc: sharc ofthed dcbt servicc requircments ofthe2 2012Bonds; and WHEREAS, theg govemingbodies ofthc Cityandt thel District havc agrecdi tot thist modification NOW, THEREFORE, hembmaafamalewanw dAptetsltncaNansA Scction1. The Cityapproves and agrces to thei issuance ofthe 2012 Bonds to payt thc costs of thc Project. The District and the City hercby affirm and agrec that thc "Debt Scrvice Requircments" as provided ini the Contract shall include thc amounts required for the payment of principal and interest on the 2012 Bonds, including reservc and contingency requircments. Exhibit A to the Contract is hercby supplemented and modificd as set forth im Exhibit A attached hereto to reflcct thel Dcbt Servicc Requirements! for thc payment ofprincipal andi intercst on the 1992 Bonds which is hereby found to bc consistent with thc provisions ofthe Contract. the City and the District agree to this modification to the Contract as follows: and the 2012 Bonds. Section 2. The Contract as amcnded and modified is hereby reaffirmed by thc City and thc District and all ofthe provisions ofthe Contract are hereby re-adopted by the City andi the District. Scction 3. Thc City agrees to provide such financial information and operating data with respect to thc City as may be necessary for the District to comply with its continuing disclosure requirements with respect to the Bonds imposed by Securities and Exchange Commission Rule 15c2-12. (Execution page follows) 2 IN WITNESS WHEREOF, thej partics hercto acting under the authority oft the respective bodies have caused this Modification Contract No. 3 to the Water Supply Contract to be duly executed in several counterparts, eacb of which shall constitute 8 duplicate original, all as ofthc 16th dayof_ February 2012. EASTLANDCOUNTYWATERSUPIYDTRICT By: President, Board AE ATTEST: Eykes (DISTRICT SEAL) CITY OF RANGER, TEXAS By: BofH ATTEST: Paaypel 2h LA (CITYS SEAL) City Secrotary Exhibit A Eastland County Water Supply District Water Supply Revenue Bonds, Taxable Series 2012 Existing Water Supply Revenue Bonds, Series 1992 Debt Service 109,750 107,750 110,625 108,375 111,000 108,500 110,875 108,125 110,250 107,250 109,125 105,975 107,500 108,875 110,000 110,875 106,625 107,250 107,525 107,750 107,625 Combined Debt Service Requirements Year 41,204 $ 150,954 2012 263,892 2013 266,767 2014 334,346 2015 336,505 2016 333,368 2017 334,812 2018 330,715 2019 336,135 2020 331,140 2021 330,810 2022 330,033 2023 328,802 2024 332,027 2025 334,659 2026 331,849 2027 328,712 202B 330,069 2029 330,815 2030 330,933 2031 330,373 2032 221,948 2033 225,690 2034 223,965 2035 221,841 2036 224,176 2037 221,063 2038 222,551 2039 223,507 2040 223,931 2041 223,618 2042 222,558 2043 220,945 2044 Series 2012-3/26/2012 Interest $ 41,204 156,142 156,142 155,971 155,505 154,868 153,937 152,590 150,885 148,890 146,685 144,158 141,302 138,152 134,659 130,974 127,087 122,819 118,190 113,183 107,748 101,948 95,690 88,965 81,841 74,176 66,063 57,551 48,507 38,931 28,618 17,558 5,945 Year 2012 $ 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Principal Debt Service 156,142 156,142 225,971 225,505 224,868 223,937 222,590 225,885 223,890 221,685 224,158 221,302 223,152 224,659 220,974 222,087 222,819 223,190 223,183 222,748 221,948 225,690 223,965 221,841 224,176 221.063 222,551 223,507 223,931 223,618 222,558 220,945 70,000 70,000 70,000 70,000 70,000 75,000 75,000 75,000 80,000 80,000 85,000 90,000 90,000 95,000 100,000 105,000 110,000 115,000 120,000 130,000 135,000 140,000 150,000 155,000 165,000 175,000 185,000 195,000 205,000 215,000 2,281,625 $ 3,495,000 $ 3,556,877 $ 7,051,877 $ 9,333,502 MODIFICATION CONTRACT NO.4 THE STATE OF TEXAS COUNTY OF EASTLAND CITY OF RANGER S S S Eastland County Water Supply District ("District") and the City ofRanger, Texas ("City") have entered into a Water Supply Contract dated as ofJ June 1, 1992 pursuant to Article 8280-139, V.A.T.C.S. and Article 4413(32c), V.A.T.C.S., now codified as Chapter 791 oft the Government Code, as amended and modified by Modification Contract No. 1 dated as of June 1, 2003, Modification Contract No. 2 dated as ofMarch 18, 2010, and Modification Contract No. 3 dated asofF February 16, 2012 (collectively, the "Ranger Contract"). WITNESSETH: WHEREAS, pursuant to a resolution adopted June 4, 1992 (the "1992 Resolution") the District authorized the issuance of Eastland County Water Supply District Water Supply Revenue Bonds, Series 1992, in the aggregate principal amount of $1,850,000 ("Series 1992 Bonds"); WHEREAS, pursuant to a resolution adopted February 16, 2012 (the "2012 Resolution") the District authorized the issuance of Eastland County Water Supply District Water Supply Revenue Bonds, Taxable Series 2012 (the "2012 Bonds"); WHEREAS, the District entered into a water supply contract with the City of Eastland, Texas, dated as of. June 1, 1992 as amended and supplemented September 1, 1997 and February 16, 2012 (the "Eastland Contract", and together with the Ranger Contract, the "Contracts"); WHEREAS, under the Contracts the Cities of Eastland and Ranger have agreed toj pay their proportionate shares oft the operating costs ofthe District and their proportionate shares ofthe debt service payments on the 1992 Bonds and the 2012 Bonds; WHEREAS, the District intends to issue its Water Supply Revenue Bonds, Series 2019 (the "2019 Bonds"), to fund the costs of improvements to the high service pumps and clear well, improvements to the chlorine dioxide system, and a new disinfection by-product removal system (the "2019 Project"); 1992 Resolution; WHEREAS, the 2019 Bonds are to be issued as "Additional Bonds" as authorized by the WHEREAS, the Ranger Contract provides in Section 81 thereofthat thel District may modify the Ranger Contract with approval of the City, as long as such modification does not adversely affect the prompt payment when due, ofall moneys required to be paid to the City pursuant to the terms oft the Ranger Contract, and no such change shall be effective which will cause any violation ofany provisions of the Bond Resolution that authorize such Bonds; 1 WHEREAS, the City and the District desire to amend and modify the Ranger Contract in order to provide for the City to pay a proportionate share of the debt service requirements of the 2019 Bonds, to change the point of delivery of water to the City, and to increase the term oft the Ranger Contract from the calendar year 2044 to the calendar year 2050; WHEREAS, the District intends to amend and modify the Eastland Contract toj provide for the City of Eastland to pay a proportionate share of the debt service requirements of the 2019 Bonds; and WHEREAS, the governing bodies of the City and the District have agreed to this modification which is hereby found to be consistent with the provisions of the Ranger Contract. NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, the City and the District agree to this modification to the Ranger Contract as follows: Section 1. The City approves and agrees to the issuance oft the 2019 Bonds to pay the costs of the Project. The District and the City hereby affirm and agree that the "Debt Service Requirements" as provided in the Ranger Contract shall include the amounts required for the payment of principal and interest on the 2019 Bonds, including reserve and contingency requirements. Exhibit A to the Ranger Contract is hereby supplemented and modified as set forth inl Exhibit A attached hereto to reflect the Debt Service Requirements for the payment of principal and interest on the 1992 Bonds, the 2012 Bonds, and the 2019 Bonds. DELIVERY", is hereby deleted and replaced in its entirety as follows: Section 2. The fourth paragraph in Section 2 ofthe Ranger Contract entitled "POINTS OF "POINT OF DELIVERY. The point of delivery ofwater to the City shall be at that point located at the District's water treatment plant located at 726 Highway 2461, Ranger, Section 3. The term oft the Ranger Contract is hereby extended to the calendar year 2050 and Section 7 oft the Ranger Contract is hereby amended and modified to read as follows: "Section 7. TERM OF CONTRACT. Itisr recognized that the District has issued, sold and delivered, or proposes to issue, sell and deliver its Bonds in order to aid the District in carrying out it obligations under this Contract. Itis agreed between the parties hereto that this Contract shall become effective on the date of execution hereof. Thereafter, this Contract shall be and continue in full force and effect through the calendar year 2050." Section 4. The Ranger Contract as amended and modified is hereby reaffirmed byt the City and the District and all of the provisions oft thel Ranger Contract are hereby re-adopted by the City Texas." and the District. Section 5. The City agrees to provide such financial information and operating data with respect to the City as may be necessary for the District to comply with its continuing disclosure requirements with respect to the Bonds imposed by Securities and Exchange Commission Rule 15c2-12, as said rule may be amended from time to time. 2 IN WITNESS WHEREOF, the parties hereto acting under the authority oft the respective bodies have caused this Modification Contract No. 4 to the Water Supply Contract to be duly executed in several counterparts, each of which shall constitute a duplicate original, all as ofthe 1st day ofJuly, 2019. EASTLAND COUNTY WATER SUPPLY DISTRICT By, Bwhuh President, Board of] Directors ATTEST CouiGocle (DISTRICT'S SEAL) CITY OF RANGER, TEXAS By, Mayor f ATTEST Manoual ulu (CITY SEAL) OFRAT 8888 S Al Policy Suppiecl afer veguebt BEITRESOLVED THATEASTLANDCONDCOUNTYWATER: SUPPLYDISTRICT (ECWSD) ERESY ADOPISTHE FOLOWINGPOUEYFORNEWWATESEVATWSTHATCONETTOTHEDISTRICTSWATER TRANSMISSIONI UNES: 1. New water service tap: applications: shall be scrutinized: and approved only byt thel ECWSDI Board of 2. New water service tap: applications will only be allowed or received fromt the City ofEastland," Texas ort the City of Ranger, Texas Public Works Departments: alongwith signed written consent for 3.1 New water servicet taps willl bei installed only! by: anl ECWSD approved contractor. bei invoiced from ECWSD toi the respective Gityatcost plus, 25%. Directors. application! byt ther respective City's Mayor. 4. All charges (materials, labor, permits and machinery) necessary! fort the new waters service tapi will 5. Uponi installation ofai new water service tap,t the requesting City shall ber responsible: forconnecting the new waters service linet tot thei new water: servicet tapi and assume all responsibility for that 6.7 The City requesting the new waters service taps shall assume andi relieve ECWSD from: all responsiblitiest for thei new waterservice tap, including buts not! limited to all connecting water line or lines, any ara all wateri lossi from the new water service tapi installation, any and: all futuret water line breakage or waterl loss caused byy wateri linel breakage, water meterand water meterinstallation, water pressurel loss and markings orothermeanso ofidentification: fart the new waters servicet tap and connection and ther new connecting water service line or lines. connecting water lines. Mues Rbssing Policy Page 658 Minutes of the meeting of the Board of Directors of Eastland County Water Supply District held Thursday December 20, 2018 at 6:00 PM in the District's meeting room at the Filtration Plant on Merriman Road (802 FM 2461 S.) Ranger, Texas with the following Directors and visitors present: Steve Gerdes Bob Green David Ahrlett Bobby Adams President Director Director Director Ken Chapman Charles Calvert Director Carrie Goodman Secretary Vice President Also present was Robert Alverez with the City of Ranger, Ron Duncan with the City of Eastland, Scott Hay with EHT, Directors Don Griffin and Mark Pipkin were not Itb being 6:00 p.m. and there being a quorum present, President Gerdes called the meeting to order. President Gerdes offered a prayer and led the pledge. Scott with EHT updated the board on the plant project see attached. present. Since Cris Parker with HDR could not be present. President Gerdes stated 60% oft the design for the downstream slope is complete. HDR plans to have it ready to send off Ron Duncan with the City of Eastland stated that pump #3 only ended up having a pin size hole in the copper tubing and has been repaired. Robert Alverez with the City of Ranger stated he saw the TTHM reports for the plant online and it was great to see Comments from the board included President Gerdes informing the board the operators found a new flow meter in the old plant and Frank Clark will be here next week to install it in place of the loaner meter on the Ranger line. Clark has not started the rebuild of the old Ranger meter the cost to rebuild is $2645.00 or a new meter would be $4275.00. Scott Hay with EHT stated the board would need to make sure a rebuilt meter would be compatible with the new plant. Director Green stated he would like to know the warranties on both options and Director Calvert wanted to know ifa meter went out how long it would take to get a new one. President Gerdes stated he would get with Clark for more information. President Gerdes stated the lagoon pond will soon need to be cleaned and that it hasn't been a year since the last cleaning. Scott Hay stated a mixer could be added in the pond and could keep the District from having to clean the pond. Estimated cost of a mixer is $10,000 to $15,000 compared to the cost of cleaning the pond at $30,000. The last of the Ranger water line on the south end will be done later tomorrow and Flint Stone will begin working on the tie ins after the Holidays. We will coordinate with the City of Ranger in the flushing and sensitization of the new line. President Gerdes informed the board he has instructed Lake Caretaker Alan to no longer allow duck hunting on Lake Leon. A land owner has complained of hunters going onto private property and stating they were given permission from the Water District to bet there. Game warden Lee Dycus has been inl February. how good they looked. Page 659 Minutes from December 20, 20181 meeting continued from page658. informed of the no duck hunting and will work with the District to help prevent further problems. At this time Carrie announced it was election time and the following Directors will need to pick up their petition forms on. Jan 16th Griffin, Ahrlett, Adams and Green. No action needed from Engineer Report Motion was made by VP Chapman, seconded by Director Green to table the meter After review and discussion motion was made by VP Chapman, seconded by Director Ahrlett to approve assignment ofL Lake Lease Lot 23 to Rondal Latham & Paulal Phillips. President Gerdes stated HDR recommends GHB Equipment Co for the upstream slope emergency repair phase 2, package 1 sheet pile wall contract with bid of$372,050.00. Motion was made by Director Green, seconded by Director Adams to award GHB Equipment the After review of the amended 2019 Budget motion was made by Director Green, seconded by After review and discussion motion was made by Director Green, seconded by Director Ahrlett to table the Unbudgeted Emergency Repairs and Expenses Resolution until next After review and discussion motion was made by VP Chapman, seconded by Director Ahrlett to adopt the policy regarding the installation of new water service taps on ECWSD's main After review of the November 15th & 20th minutes motion was made by Director Ahrlett, seconded by VP Chapman to approve the minutes. Director Calvert abstained. After review of the monthly financials motion was made by Director Green, seconded by After review and discussion motion was made by VP Chapman, seconded by Director Adams to accept the monthly expenses with add ons: Higginbothams $118.70,A quality steel $224.74,LCM 5307.00,DonaldCate5600.00,Abilene Reporter News $104.17 and Flint Stone rebuild until more information could be gathered. ****Motion Passed**** ****Motion Passed**** contract. ****Motion Passed**** ****Motion Passed**** Director Calvert to approve the amended 2019 budget. month. ****Motion Passed**** water transmission lines with 25% added to line 4 of the policy. ****Motion Passed**** ****Motion Passed**** ****Motion Passed**** Director Ahrlett to accept the monthly financial report. Services $900.00 ****Motion Passed**** Page 656 ldoo Minutes from December 20, 2018 meeting continued fromj page 655. (5i Motion was made by Director Adams, seconded by Director Green to reimburse Secretary After review and discussion: motion was made by Director Green, seconded by VP Chapman to approve employee Christmas bonuses with Mark, Carrie and Franz to receive 50.00: more On the plant update VP Chapman stated in regards to housing over #3 filter value he and Director. Ahrlett did some measuring and are goingt tol look and see what they can dot tol helpat least until the new plant is up and running, He also stated there still needs to be some Motion was made by Director Green to adjourn, seconded byl Director. Ahrlett. Goodman for travel expenses for the previous month. ****Motion Passed**** than last year all others tol bet thes same as last year. ****Motion Passed**** cleaning, dusting etc done at. the plant. Meeting adjourned at' 7:55pm ****Motion! Passed*** KBL STEVE GERDES, PRESIDENT ATTEST ihode CARRIEC GOODMANSECALETARY Ranger City Manager From: Sent: To: Subject: Steve, Ranger City Manager Monday, June 26, 20232:38PM Steve Gerdes Water Tap Carrie sent me the policy regarding taps. Can we receive a quote for a tapl located at 1333 West Loop 254? We have all the materials for the tap and the hole is already dug. Savannah Sorlenbery City Manager City of Ranger 254-647-3522 (Office) www.rangertx.gov CONFIDENTIALITYI NOTICE: This message may contain confidential information andi isi intended onlyf fort the named recipient(s). Please notify the senderi immediately ify youl have received this email byr mistake, and deletei itf from your system. Absent specific permissioni from the sender, yous should not disseminate, distribute, or copy this email. Emailt transmission cannot be guaranteed tob be secure ore error-free asi information could bei intercepted, corrupted, lost, destroyed, arrivel late ori incomplete, or contain viruses. Thes sender therefore does not accept liability for anye errors or omissions int the Public Officials: All emails are, subject to the Open Meetings Act for Public Information and Review, please reply to sender only. Please do not "Reply All" as this could be a violation of the Open Meetings contents of thisr message. If verification is required, please request a hard-copy version. Act. 1 Ranger City Manager From: Sent: To: Cc: Subject: Ranger City Manager Thursday, June 29, 20234:39PM Steve Gerdes Pagedyatomeyeascom, RE: Water Line ticommisheyahoo.com: Carrie Goodman; Tommy Warford; Paige Saenz Steve, thank you for the information. We look forward to receiving the MOU. After our conversation yesterday, ifit helps for us to have a phone call including the attorneys before the MOU is drafted sO that we can understand the business terms before the document is drafted, we can schedule a meeting. As you know, the City has a request and fees paid by a customer to tapi into the water line located at 1333V W. Loop 254, which you have stated is a District line. If the MOU is going to document the City controls the line,! suggest that the customer be allowed to tap into the line under the City's fee schedule and procedures. I've requested a quote from the District to tap the line under the District's policy, but have not received a response yet. As of Friday, June 23rd, the City! has the material and hole dug to tap the line. Iwould like the customer to be able to receive ai tap without further delay while we work out the terms oft the MOU. Thank: you, Savannah Sorlenbery City Manager City of Ranger 254-647-3522 (Office) www.rangertx.gov CONFIDENTIALITY NOTICE: This message may contain confidential information andi isi intended only for the namedr recipient(s). Please notify the senderi immediately ify you have received this email by mistake, and deletei iti from yours system. Absent specific permission from the sender,) yous should not disseminate, distribute, or copyt this email. Email transmission cannot be guaranteed tol be secure ore error-free asi information could bei intercepted, corrupted, lost, destroyed, arrive late ori incomplete, or contain viruses. Thes sender therefore does not accept liability for any errors or omissions int the *Public Officials: All emails are subject to the Open Meetings Act for Public Information and Review, please reply to sender only. Please do not "Reply All" as this could be a violation of the Open Meetings contents of this message. Ifverification is required, please request a hard-copy version. Act. From: Steve Gerdes clrfork@yanoo.com> Sent: Wednesday, June 28, 202310:11/ AM To: Ranger City Manager <citymanager@rangertx.gov> Cc:ti tr.ommsheyahoo.com, Carrie Goodman ofice@ecwsd.org; Tommy Warford warlordweyahoo.om, Subject: Re: Water Line Savannah, Ihave copied Tommy Warford (District's Attorney) int this email. 1 The District will require an MOU (memorandum of understanding, that the District's attorney will develop. This MOU will define responsibilities and al line of demarcation between the District's and the City of Ranger's property,lf you have any As soon as this MOU is developed, the District will send you a draft copy of the MOU for your review and approval prior to questions or concerns please call or email. formalizing and both parties adopting and signing this MOU. If you have any questions please call or email me. Steve Gerdes On Tuesday, June 27, 2023 at 03:45:12 PM CDT, Ranger City Manager chymanepererangesge wrote: Steve, Friday, June 23rd the City was prepared to tap a water line for a customer of the City. IV was out of office and you spoke with Mayor Robinson with concern that we would be tapping a line that belonged to the ECWSD. After review of the contract the water line belongs to the City. In 2019 the point of delivery was changed by contract modification number 4 to read' "The point of delivery of water to the City shall be at that point located at the District's water treatment plant located at 726 Highway 2461, Ranger, Texas.". Section 5, C. states the title to the water is the Districts until it passes through the City of Ranger meter. It has been our understanding since modification no. 4 that we are the owner and custodian of the line from the point of delivery location. Ifyou would like to discuss or have questions please call me. Thank you! Savannah Torlenberry City Manager City of Ranger 254-647-3522 (Office) www.rangertk.gov CONFIDENTIALITY NOTICE: This message may contain confidential information andi isi intended onlyf for the named recipient(s). Please notify the sender immediately ify youl have received this email by mistake, and delete iti from yours system. Absents specific permission fromi the sender, you should not disseminate, distribute, or copy this email. Emailt transmission cannot be guaranteed tol bes secure ore error-free as information could bei intercepted, 2 Ranger City Manager From: Sent: To: Cc: Subject: Carrie, below? Ranger City Manager Thursday, July 6, 20233:27PM Carrie Goodman FW: District Updates Steve Gerdes; Paige Saenz Paige@dtyattomeytascom,trcommsn@yahoo.com Can you provide the information that the District's Engineer is drafting/reviewing for the proposed project discussed Savannah Sorlenbery City Manager City of Ranger 254-647-3522 (Office) www.rangertx.gov CONFIDENTIALITY NOTICE: This message may contain confidential information and isi intended only fort the named recipient(s). Pleaser notify the senderi immediately ify youl haver received this email by mistake, and delete it fromy your system. Absent specific permission from the sender, yous should not disseminate, distribute, or copy this email. Emailt transmission cannot be guaranteed tol bes secure ore error-free asi information could bei intercepted, corrupted, lost, destroyed, arrive late ori incomplete, or contain viruses. Thes sender therefore does not accept liability for anye errors or omissions int the *Public Officials: All emails are subject to the Open Meetings Act for Public Information and Review, please reply to sender only. Please do not "Reply All" as this could be a violation of the Open Meetings contents oft this message. Ifv verification is required, please request al hard-copy version. Act. From: Ranger City Manager Sent: Friday, June 30, 20238:38AM Subject: District Updates Steve, To: Steve Gerdes cifork@yahoo.com) crfork@lyahoo.com> We spoke on Wednesday ofthis week regarding the MOU, but also the plans the District has for its old backwash tower, installation of] pumps, and a scada system. You mentioned that this was a part of a grant the District has received and that the plans were not completed yet by the District's Engineers. Will there be cost that the District isi incurring that will impact the City? Can you send me information regarding the specific details, requests, and purpose (pros & cons) for the City at your earliest convenience? Also, would the City be required to maintain the tower, scada system, and pumps? Thank you, Savannah Sorlenbery City Manager City of Ranger 254-647-3522 (Ofice) www.rangertx.gov 5 Ranger City Manager From: Sent: To: Cc: Subject: Savannah, Carrie Goodman cofice@ecwsd.org> Friday, July 7,202310:52AM Ranger City! Manager Engineer Update 'Steve Gerdes'; Tommy Warford; r.commsneyanoo.com: Paigei EHT has been contacted andi is currently working on getting information together on the portion of the project that covers the tower. Once that information is available, we will geti it over to you. Thank you, Carrie ECWSD 1 Police Fleet Unit 6512 Ford F150 2112 Ford Interceptor 9574 Ford Interceptor 9575 Ford Interceptor Animal Control Unit 7778 Ford Pickup Year Model Mileage 24,900 76,851 76,177 75,227 Mileage 119,717 2020 2018 2018 2018 Year Model 2007 Grant Amount Description Criminal. Justice Grant $ 30,000.00 This grant was applied fori inl February 2023. No Match. $30,000.00 to purchase equipment for a police vehicle. The grant is currently pending review. Resolution No. 2023-07-10-P Al RESOLUTION OF THE CITY OF RANGER AUTHORIZING THE CITY MANAGER TO OPEN A BANK ACCOUNT AT FIRST FINANCIAL BANK, RANGER, TEXAS, FOR THE PURPOSE OF ESTABLISHING. A OPIOID ABATEMENT ACCOUNTTO ACCEPT DEPOSITS FOR OPIOID ABATEMENT SETTLEMENT FUNDS: WHEREAS the City of Ranger will deposit funds to be used exclusively for related opioid abatement matters; and WHEREAS the City ofl Ranger has a need to keep these funds in a separate account; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. That a new signature card be issued for the City of Ranger Opioid Abatement CITY OF RANGER Account with the following signatures authorized: Mayor Terry Robinson Mayor Pro Tem Kevan Moize City Manager Savannah Fortenberry Finance Director Carol Stephens PASSED AND APPROVED this 10th day ofJuly, 2023. CITY OF RANGER ATTEST: Terry Robinson, Mayor Somer Lee, City Secretary RESOLUTIONNO. 2023-07-10-Q A RESOLUTION OF THE CITY OF RANGER, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR AND UPDATE GENERATION RIDERS TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AUTHORIZING HIRING OF LEGAL COUNSEL; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPENTOTHE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTIONTOTHE COMPANY ANDLEGAL COUNSEL. WHEREAS, the City of Ranger, Texas ("City") is an electric utility customer of Oncor Electric Delivery Company LLC. ("Oncor" or "Company"), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ("OCSC"), a membership of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to. electric issues affecting rates charged in Oncor's service area; and WHEREAS, on or about June 29, 2023, Oncor filed with the City an Application to Amend its Distribution' Cost Recovery Factor and Update Mobile Generation Riders, PUC Docket No. 55190, seeking to increase electric distribution rates by approximately $152.78 million and update Oncor's Rider Mobile Generation and Rider Wholesale Mobile Generation to recover $1.07 million related toj mobile generation. facilities; and WHEREAS, all electric utility customers residing in the City will be impacted by this WHEREAS, OCSC is coordinating its review of Oncor's DCRF filing with designated WHEREAS,OCSCmembers and attorneys recommend that members deny the DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Section 1. That the City is authorized to participate with Cities in PUC Docket No. Section 2. That subject to the right to terminate employment at any time, the City hereby authorizes the hiring of the law firm of] Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any ratemaking proceeding ifiti is granted;ande attorneys and consultants to resolve issues in the Company's: application; and OF RANGER, TEXAS: 55190. 1 necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. Section 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. within the City. Section 4. That the Company shall continue to charge its existing rates to customers Section 5. That the City's reasonable rate case expenses shall be reimbursed in full Section 6. That iti is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the by Oncor within 30 days of presentation of an invoice to Onçor, time, place, and purpose of said meeting was given as required. Section 7. That a copy of this Resolution shall be sent to. J. Michael Sherburne, Vice President Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202; and to Thomas L. Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, 816 Congress Ave., Suitel 1900, Austin, Texas 78701. PASSED AND APPROVED this day of 2023. Terry Robinson, Mayor ATTEST Somer Lee, City Secretary APPROVED ASTOFORM: City Attorney 2 MODELSTAFF REPORT REGARDING ONCOR ELECTRIC DELIVERY COMPANY, LLC'SI DISTRIBUTION COST RECOVERYFACTORAND MOBILE GENERATION: RIDERS FLING *** On June 30, 2023, Oncor Electric Delivery Company, LLC ("Oncor" or "Company") filed an Application to Amend its Distribution Cost Recovery Factor ("DCRF") and Update its Mobile Generation Riders to increase distribution rates within each of the cities in its service area. In the filing, the Company asserts it is seeking an increase in distribution revenues of approximately $152.78 million. The Company is also seeking to update its Rider Mobile Generation and Rider Wholesale Mobile Generation to recover revenue related to mobile generation unit leasing and operation. The Rider would recover approximately $1.07 million. lawful, to determine what further strategy, including settlement, to pursue. Commented [RA1): Oncors seeks tot recover $1.821 million totalf forr mobile generation, butt this figure includes amounts whatt the Commissioners: approved in Docket 53601. IfiguredI wouldo clarify because Oncor, att theb beginning, statest thati itseeks $1.82 million relatedt tor mobileg generation. Also, Oncor didr noti include anf figure relatedt to ani increase oni individual retail customer bills. The resolution authorizes the City toj join with the Steering Committee of Cities Served previouslya approvedi in Docket No. 53601. by Oncor ("OCSC") to evaluate the filing, determine whether the filing complies with law, and if This proceeding requests an additional $1.071 million beyond Purpose of the Resolution: The purpose of the Resolution ist to deny thel DCRF application proposed by Oncor. Explanation of "Bel Itl Resolved" Paragraphs: Company'sDCRF filing, PUC Docket No.: 55190. This section authorizes the City to participate with OCSC as a party in the 2. This section authorizes the hiring of Lloyd Gosselink and consultants to review the filing, negotiate with the Company, and make recommendations to the City regarding reasonable rates. Additionally, it authorizes Cities to direct any necessary administrative proceedings or court litigation associated with an appeal oft this application filed with the PUC. 3. This paragraph finds that the Company's application is unreasonable and should 4. This section states that the Company's current rates shall not be changed. 5. The Company will reimburse Cities for their reasonable rate case expenses. Legal counsel and consultants approved by Cities will submit monthly invoices that willl be forwarded 6. This section recites that the Resolution was passed at a meeting that was opent to the public and that the consideration of the Resolution was properly noticed. 7. This section provides that Oncor and counsel for OCSC will be notified of the City'sactionb by sending a copy oft the approved and signed Resolution to counsel. be denied. to Oncor for reimbursement.