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12/05/2022-CC-Agenda Packet-RegularCITY COUNCIL MEETING AGENDA DECEMBER 05, 2022, 6:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM DISCUSSION ITEMS 1. Discussion on New Juvenile Curfew Ordinance OVERVIEW OF ITEMS ON THE REGULAR AGENDA ADJOURN THE WORK SESSION The Regular Meeting will begin following the Work Session but not earlier than 7:00 p.m. CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM INVOCATION AND PLEDGE CITIZENS COMMENTS This is an opportunity for citizens to address the Council on any matter. Comments related to public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be presented. Citizens who wish to address the Council with regard to matters on the agenda will be received at the time the item is considered. The Council is not allowed to converse, deliberate or take action on any matter presented during citizen input. REPORTS Staff Reports are for discussion only. No action may be taken on items listed under this portion of the agenda. 2. Construction update from DEC Engineering, Dannenbaum, regarding the IH-35 / FM 455 Expansion Project. 3. Presentation and overview of the Parks, Recreation and Facility Maintenance operations. 1 CONSENT AGENDA All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Councilmember to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. 4. Consideration and possible action on the minutes from the November 14, 2022, work session. 5. Consideration and possible action on the minutes from the November 21, 2022, meeting. 6. Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement Ambulance Services between Denton County and the City of Sanger 7. Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement Fire Protection Services between Denton County and the City of Sanger. 8. Consideration and possible action on awarding a bid to Illumination Fireworks for fireworks display for the 2023 Freedom Fest in an amount not to exceed $36,550, authorizing the City Manager to execute an agreement, and further authorizing fireworks display for the duration of the agreement. 9. Consideration and possible action on a Interlocal Agreement for Library Services between Denton County and City of Sanger. PUBLIC HEARING ITEMS 10. Conduct a public hearing on a request for a Specific Use Permit (SUP) for Outside Sales and Display, on the west end of 8.17 acres of land described as A1241A TIERWESTER, TR 165, zoned as Business District 2 (B-2) and generally located on the east side of I- 35 at the intersection of South Stemmons and Wood Street. ACTION ITEMS 11. Consideration and possible action on Ordinance No. 12-31-22 regarding a request for a Specific Use Permit (SUP) for Outside Sales and Display, on the west end of 8.17 acres of land described as A1241A TIERWESTER, TR 165, zoned as Business District 2 (B-2) and generally located on the east side of I-35 at the intersection of South Stemmons and Wood Street. 12. Consideration and possible action on a Final Plat of lots 1-30, Block A of Lonesome Dove Addition, 55.5 acres, located in the City of Sanger’s ETJ, and generally located on the south west corner of Metz Road and Hoehn Road. 2 13. Consideration and possible action on a Preliminary Plat of the Glenn Polk Addition, being 10.418 acres, located in the City of Sanger, and generally located on the west side of I-35 approximately 670 feet south of Belz Road. 14. Consideration and possible action on a Preliminary Plat of lots 1-23 and lots 1X and 2X, Block A of Palomino Bay Addition, being 54.34 acres, located in the City of Sanger’s ETJ, and generally located on the west side of Jones Road approximately 782 feet north of the intersection of FM 1190 and Jones Road. FUTURE AGENDA ITEMS The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they wish to discuss at a future meeting, A Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor. ADJOURN NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.087 of the Texas Open Meetings Act. CERTIFICATION I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is readily accessible to the general public at all times and was posted on the City of Sanger website on November 30, 2022, at 3:00 PM. /s/Kelly Edwards Kelly Edwards, City Secretary The Historical Church is wheelchair accessible. Request for additional accommodations or sign interpretation or other special assistance for disabled attendees must be requested 48 hours prior to the meeting by contacting the City Secretary’s Office at 940.458.7930. 3 CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Waylan Rhodes, Chief of Police AGENDA ITEM: Discussion on New Juvenile Curfew Ordinance SUMMARY:  Currently, there is no juvenile curfew ordinance in effect as it expired on August 20, 2021, due to missing the sunset clause.  Workshop is to determine City Council’s desire to adopt a new juvenile curfew ordinance  Review the ordinance effects on the community and on problems the ordinance or order was intended to remedy  Discussion on proposed new juvenile curfew ordinance FISCAL INFORMATION: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Proposed New Juvenile Curfew Ordinance Draft 4 Item 1. Ordinance – Juvenile Curfew Page 1 of 5 CITY OF SANGER, TEXAS ORDINANCE AN ORDINANCE OF THE CITY OF SANGER, TEXAS, READOPTING AND AMENDING CHAPTER 8, “OFFENSES AND NUISANCES” ARTICLE 8.600, SECTIONS 8.601 THROUGH 8.605, OF THE CODE OF ORDINANCES RELATING TO THE JUVENILE CURFEW; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state law and Charter; and WHEREAS, it is the express purpose of this article to : (a) deter criminal conduct involving juveniles; (b) reduce the number of juvenile crime victims; (c) reduce injury from accidents involving juveniles; (d) reduce the additional time police officers are required to be in the field due to juvenile crime; (e) provide additiona l and more effective means and option s for dealing with gang-related violence and crime; (f) reduce juvenile peer pressure to stay out late; (g) reduce juvenile peer pressure to participate in violent or criminal activities; and (h) assist parents in the control of their children; and WHEREAS, the Chief of Police briefed the City Council regarding the Ordinance’s effects on the community and on problems the Ordinance was intended to remedy; and WHEREAS, the City of Sanger City Council adopted Ordinance No. 08-23-18, on August 20, 2018, a Curfew for Minors, codified at Section 8.601-8.605 of the Code of Ordinances of the City of Sanger, Texas; and WHEREAS, section 370.002 of the Texas Local Government Code requires the City Council, before the third anniversary of the date of adoption of the Juvenile Curfew Ordinance, and every third year thereafter, to review the Ordinance’s effects on the community and on problems the Ordinance was intended to remedy, to conduct public hearings on the need to continue the Ordinance, and to abolish, continue, or modify the Ordinance; and WHEREAS, after conducting the public hearing required by Texas Local Government Code Section 370.002 TBD, the City Council found and determined that it would be in the best interest of the health, safety and welfare of the community to readopt and approve the amended juvenile ordinance as set forth herein; and WHEREAS, the City Council has conducted public hearings on the need to continue the ordinance, and determined that it should be continued. 5 Item 1. Ordinance – Juvenile Curfew Page 2 of 5 WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the above findings are hereby found to be true and correct and are incorporated as if fully set forth herein. SECTION 2. That Article 8.600 of the Code of Ordinances, “Curfew for Minors” is amended, continued and readopted to read as follows: 8.601 Definition Curfew hours means. (1) 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (3) 9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; provided, however, the hours defined in this paragraph (3) shall not be considered as: Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. Guardian. (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom the minor has been placed by a court. Minor. Any person under 17 years of age. Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes members or partners of an association or partnership and the officers of a corporation. Parent. A person who is: (1) A natural parent, adoptive parent, or stepparent of another person; or (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. Public Place. Any place in which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. 6 Item 1. Ordinance – Juvenile Curfew Page 3 of 5 Remain. (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious Bodily Injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 8.602 Offenses (a) Any minor commits an offense if he/she remains in any public place or on the premises of any establishment within the city during curfew hours. (b) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any pubic place or on the premises of any establishment within the city during curfew hours. (c) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. Sec. 8.603 Defenses (a) It is a defense to prosecution under Section 8.602 that the minor was: (1) Accompanied by the minor’s parent, guardian or adult spouse. (2) On an errand at the direction of the minor’s parent or guardian without any detour or stop. (3) In a motor vehicle involved in interstate travel. (4) Engaged in an employment activity, or going or returning home from an employment activity without any detour or stop. (5) Involved in an emergency. (6) On an errand made necessary by an illness, injury, or emergency; (7) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence. (8) Attending an official school, religious or other recreational activity supervised by adults sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor. (9) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. (10) A minor who has had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. 7 Item 1. Ordinance – Juvenile Curfew Page 4 of 5 (b) It is a defense to prosecution under Section 8.602(c) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 8.604 Enforcement Before taking any enforcement action under this article, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or issue an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 8.603 is present. Sec. 8.605 Penalties (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense upon conviction is punishable by a fine as set forth in the general penalty provision found in Section 1.109 of this code. (b) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 8.602(a) of this article and shall refer the minor to juvenile court. (Ordinance 08-23-18 adopted 8/20/18) SECTION 3. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect, for any reason, the validity of the remaining portions of Chapter 8, “Offenses And Nuisances” Article 8.600, Sections 8.601 through 8.605, of the Code Of Ordinances of the City of Sanger Code of Ordinances, and the remaining portions shall remain in full force and effect. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this TBD 8 Item 1. Ordinance – Juvenile Curfew Page 5 of 5 APPROVED: ATTEST: ______________________________ Thomas E. Muir, Mayor ___________________________ Kelly Edwards, City Secretary APPROVED TO FORM: ________________________________ Hugh Coleman, City Attorney 9 Item 1. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the November 14, 2022, work session. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the November 14, 2022, work session. ATTACHMENTS: 11-14-2022 City Council regular minutes 10 Item 4. City Council Minutes 11-14-2022 Page 1 of 2 CITY COUNCIL WORK SESSION MINUTES NOVEMBER 14, 2022, 2:00 PM CITY COUNCIL WORK SESSION ELAN DENTON - 1501 NORTHSTAR ROAD, DENTON CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the work session to order at 2:04 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT Councilmember, Place 1 Marissa Barrett STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, and Director of Development Services Ramie Hammonds. DISCUSSION ITEMS 1. Tour of the Elan Denton, a multifamily development complex located at 5101 Northstar Road in Denton, Texas. City Councilmembers and Staff toured the Elan development. Discussion ensued regarding the aesthetics and economics of the development. Councilmember Chick left the work session at 2:25 p.m. 11 Item 4. City Council Minutes 11-14-2022 Page 2 of 2 ADJOURN THE WORK SESSION There being no further business, Mayor Muir adjourned the work session at 2:40 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ John Noblitt, City Manager 12 Item 4. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the November 21, 2022, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the November 21, 2022, meeting. ATTACHMENTS: 11-22-2022 City Council regular minutes 13 Item 5. City Council Minutes 11-21-2022 Page 1 of 2 CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2022, 7:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the regular meeting to order at 7:00 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT Councilmember, Place 4 Allen Chick STAFF MEMBERS PRESENT: City Manager John Noblitt, City Secretary Kelly Edwards, City Attorney Hugh Coleman, and Chief of Police Waylan Rhodes. INVOCATION AND PLEDGE Councilmember Dillon gave the invocation, the Pledge of Allegiance was led by Councilmember Gann. CITIZENS COMMENTS No one addressed the Council. 14 Item 5. City Council Minutes 11-21-2022 Page 2 of 2 CONSENT AGENDA 1. Consideration and possible action on the minutes from the November 7, 2022, meeting. Motion to approve made by Councilmember Bilyeu Seconded by Councilmember Dillon. Voting Yea: Councilmember Barrett and Councilmember Gann. Motion passed unanimously. ACTION ITEMS 2. Consideration and possible action on a Professional Services Reimbursement Agreement with Rockhill Capital and Investments, LLC, and authorize the Mayor to execute said agreement. City Manager Noblitt stated that Rockhill withdrew this item from the agenda. FUTURE AGENDA ITEMS No future agenda items. INFORMATIONAL ITEMS 3. Atmos Energy Corporation - Quality of Service tariff 11/01/2022 ADJOURN There being no further business, Mayor Muir adjourned the meeting at 7:02 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ Kelly Edwards, City Secretary 15 Item 5. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Casey Welborn, Fire Marshal AGENDA ITEM: Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement Ambulance Services between Denton County and the City of Sanger SUMMARY:  This will allow our city to get reimbursement for medical transports in the unincorporated county area of our fire district.  This agreement we will respond to all emergency in our designated fire district with a ambulance.  We receive a fixed sum based on population percentage .4677 per capita. This sum is 7549.99  We received a fix sum of 249.7469 per ambulance transport for a estimated amount of 88,660.14. this is the sum for 355 transports made by agency in the fiscal year of 2022.  We receive a fixed sum for rural miles. Based on the rural miles being 112.89 in agreed operating territory. The sum that we will receive is 84,219.60  With these added together we come up with a total for ambulance coverage being 180,430.00 FISCAL INFORMATION: Budgeted: yes Amount: 180,430.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends approval of Interlocal Agreement with Denton County. ATTACHMENTS: 2022-2023 Interlocal Cooperation Agreement Fire Protection Services 16 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 1 of 7 THE COUNTY OF DENTON § § SANGER FIRE DEPARTMENT - § AMBULANCE SERVICES § STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2022, is made and entered into by and between Denton County, Texas (“the COUNTY”), and the Sanger Fire Department (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to enter into an exclusive agreement with the AGENCY to provide efficient emergency ambulance service; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and 17 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 2 of 7 WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2022, and ending on September 30, 2023. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. “Rural area” means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. “Urban area” means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. “Emergency ambulance call” means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. 18 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 3 of 7 III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. 19 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 4 of 7 V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $180,430.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4677 per capita; said sum computes to $7,549.99. 2. A fixed sum of $249.7469 per ambulance transport for an estimated maximum amount of $88,660.14. Said sum is based upon 355 transports made by the AGENCY in fiscal year 2022. 3. A fixed sum based on 112.89 rural miles in the agreed operating territory; said sum computes to $84,219.60. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an “ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 20 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 5 of 7 VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 21 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 6 of 7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. 22 Item 6. 2022-2023 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 7 of 7 XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. COUNTY: AGENCY: Denton County, Texas Sanger Fire Department 1 Courthouse Drive, Suite 3100 City of Sanger Denton, Texas 76208 P.O. Box 1729 Sanger, Texas 76266 By: By: Andy Eads Name _________________________ Denton County Judge Title __________________________ ATTEST: APPROVED AS TO CONTENT: By: By: Denton County Clerk Denton County Fire Marshal AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 23 Item 6. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Casey Welborn, Fire Marshal AGENDA ITEM: Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement Fire Protection Services between Denton County and the City of Sanger. SUMMARY:  This is our agreement with the county to provide fire protection for our unincorporated county fire district that we are given to cover.  This agreement we will respond to all emergency in our designated fire district that require a fire apparatus.  10,000 will be payable upon execution of this agreement  Then they will pay 650.00 a call after that from October 1, 2022 through September 30 2022. They go off of the previous years call which was 333 fire calls. The total funding will be 216,450.00  The 2 added together is the total funding for the year of 226,240.00 FISCAL INFORMATION: Budgeted: yes Amount: 226,240.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends approval of Interlocal Agreement with Denton County. ATTACHMENTS: 2022-2023 Interlocal Cooperation Agreement Fire Protection Services 24 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 1 of 6 THE COUNTY OF DENTON § § SANGER FIRE DEPARTMENT § STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2022, is made and entered into by and between Denton County, Texas (“the COUNTY”) and the Sanger Fire Department (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2022, and ending September 30, 2023. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the 25 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 2 of 6 COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as “Sanger” as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 3900 Morse St., 2nd Floor, Denton, Texas 76208. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY’s equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 26 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 3 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $650.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2022 to September 30, 2023. The COUNTY anticipates the AGENCY to run approximately 333 fire calls for a total funding of $216,450.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $226,450.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 27 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 4 of 6 VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 28 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 5 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 29 Item 7. 2022-2023 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 6 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this _________ day of ___________, 20____. Denton County, Texas Sanger Fire Department 1 Courthouse Drive, Suite 3100 P.O. Box 1729 Denton, Texas 76208 Sanger, Texas 76266 By By ______________________________ Andy Eads Name ____________________________ Denton County Judge ATTEST: APPROVED AS TO CONTENT: By: _________________________ By: _________________________ Denton County Clerk Denton County Fire Marshal AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 30 Item 7. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Donna Green, Director of Marketing and Civic Engagement AGENDA ITEM: Consideration and possible action on awarding a bid to Illumination Fireworks for fireworks display for the 2023 Freedom Fest in an amount not to exceed $36,550, authorizing the City Manager to execute an agreement, and further authorizing fireworks display for the duration of the agreement. SUMMARY:  Chapter 5, Section 304 of the City of Sanger Ordinance permits fireworks for celebrations/events at the discretion of the City Council.  Staff is making preparations for the annual Freedom Festival to be held on July 1, 2023.  On October 17th, 2022, City Council authorized staff to issue an RFP for fireworks display.  Illumination Fireworks was the only respondent to the RFP. At submission some required documentation was missing. The documentation required has since been submitted.  Staff is seeking approval to enter into a contract with Illumination Fireworks.  Contract shall be for the term of one year. Either Party may extend the Initial Term for an additional period of two years by notifying the other Party in writing of its request to extend the term, such notice being sent at least sixty days prior to the end of the initial term.  Staff is further asking City Council for approval to have fireworks display at Freedom Fest for the duration of the contract. FISCAL INFORMATION: Budgeted: Yes Amount: $36,550 GL Account: 31-5270 RECOMMENDED MOTION OR ACTION: Staff recommends approval to move forward with the contract with Illumination Fireworks and approval to have fireworks display for Freedom Fest for the duration of the contract. ATTACHMENTS:  City Council Communication  Agreement 31 Item 8. 32 Item 8. 33 Item 8. 34 Item 8. 35 Item 8. 36 Item 8. 37 Item 8. 38 Item 8. City of Sanger Saturday July 1st 2023 Freedom Fest City of Sanger 2023 Fireworks Proposal LASERS • FIREWORKS • CONFETTI • FLAMES • PYROTECHNICS • FOG PROPOSAL CREATED October 21, 2022 PROPOSAL VALID UNTIL November 10, 2022 Exhibit A 39 Item 8. INSURANCE & SAFETY INDUSTRY-LEADING SAFETY RECORD Our number one priority is the safety of everyone in attendance at your event.We will never consider firing an effect that may be unsafe in any way.We diligently follow all Federal,State,and Local laws and regulations.All of our technicians are experienced and receive training regularly, year-round. PROPRIETARY TECHNICIAN TRAINING Training is the backbone of creating a safe show environment for our crew,clients,and spectators.By using an in-depth training program that combines online learning, classroom teaching,follow-through testing and internal certifications,we know our staff is qualified and always in tune with best practices for safe show production. BEST-IN-CLASS INSURANCE COVERAGE In addition to having one of the best safety records in our industry,we also provide the best insurance coverage.Our $5,000,000 policy covers our operations with the ability to add the client and venue as additional insured for added benefit and protection. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com $5M 40 Item 8. Illumination Fireworks is proud to support a diverse mix of suppliers from various countries.Our show designers hand select fireworks specifically with the brightest colors, unique effects,and consistent performance.We take quality control as a serious matter,with ongoing testing and collaboration with our supplier partners around the globe. USA CHINA SPAIN ENGLAND We searched the globe far and wide for the best fireworks manufacturers, giving the perfect amount of variety in our displays. QUALITY FIREWORKS MEANS QUALITY DISPLAYS We work with suppliers to push the creative limits to ensure something new time and time again.Whether it’s new color combinations,rare firing patterns,or better overall variety,we strive to create a memorable show by using the best effects available worldwide. CUSTOM EFFECTS MADE JUST FOR US AND FOR YOU FIREWORKS QUALITY 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com41 Item 8. 1/100TH OF A SECOND ACCURACY USING COMPUTER FIRING TECHNOLOGY Fireworks and special effects can be performed utilizing a variety of firing methods.We invest in the latest digital firing equipment that can handle even the most complicated productions.Our computer firing systems are capable of synching fireworks and other effects to music with 1/100th of a second accuracy.By combining this precision with our wireless firing technology we’re able to fire anything,anywhere,anytime. TECHNOLOGY PERFECT SYNCHRONIZATION AND CUSTOM SOUNDTRACKS The right soundtrack can take your display to the next level.We specialize in crafting custom music soundtracks for any occasion.By incorporating your song selections and drawing on our vast experience we will create a soundtrack to perfectly pair with your fireworks display.On site we utilize the latest digital equipment to ensure perfect synchronization between the music and fireworks. ONE-OF-A-KIND DISPLAYS CREATED WITH CUTTING EDGE 3D DESIGN Armed with the latest 3D visual fireworks choreography software our design team creates displays that are not only unique,but complete works of art.With the ability to preview designs from any angle we craft spectacular displays for your entire audience.By incorporating realistic simulations for smoke,wind,water,and even 3D models such as buildings or stadiums we bring even the most complex design concepts to life. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com42 Item 8. OUR TEAM 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com Jennifer over sees the day-to-day operations of the company.Jennifer brings over 20 years of experience in the event industry in planning and event production,Jennifer uses the latest in technology and trends to create exciting visual and sensory experiences that define her clients'vision/message. JENNIFER BURNS PRESIDENT Jennifer@IlluminationFireworks.com Office: 214-731-7311 Tyler ensures the operational success of our events. Working hand in hand with Blake and overseeing his team of pyrotechnics professionals,he is a master at logistics planning and operational efficiency. TEAMWORK MAKES THE SHOW WORK Your show is our show.That’s why Illumination Fireworks employs over 15 full time employees with dedicated roles to ensure the overall success of your display.Equipped with the best training, support,and resources,you can feel confident that you have multiple points of contact that can make certain your show goes off without a hitch. DREW SCHOFFLER SENIOR ACCOUNT MANAGER Andrew.S@IlluminationFireworks.com Office: 469-208-8557 With more than 5 years experience in the fireworks and special effects production world,Drew will be your primary contact and assist you with the day-to- day details of the display and event planning process. BLAKE STOLTZ DIRECTOR OF PYROTECHNICS Blake@IlluminationFireworks.com Office: 469-925-1003 Blake oversees all aspects of Illumination’s pyrotechnic inventory and show design processes.He brings over 20 years of professional firework experience in product development,display design,and production. TYLER WHEAT OPERATIONS MANAGER Tyler@IlluminationFireworks.com Office: 314-971-7280 LIZ YANKANICH SALES AND MARKETING COORDINATOR liz@illuminationfireworks.com Office: 469-208-8542 Liz manages Illumination’s social media presence provides supplementary support on larger productions. She has comprehensive knowledge of the fireworks industry and will be your additional contact. 43 Item 8. AN ATTENTION-GRABBING OPENING SEGMENT The opening sequence will be fast-paced and upbeat,creating excitement and making a clear statement that the show has begun!Utilizing volleys and special firing sequences,we create a unique start and set the pace for the display. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com DISPLAY CONCEPT AN OVER-THE-TOP GRAND FINALE The Grand Finale is the most dynamic portion of any fireworks show.In this sequence we fire multiple effects simultaneously to really ramp up the excitement.By filling the sky with as many colors,effects,and noise as possible,we ensure that your audience will go home happy and have witnessed a memorable experience that they will talk about for years to come! THE CUSTOM-CHOREOGRAPHED DISPLAY BODY The body of the display will feature a roller coaster of hand-crafted,color-coordinated scenes. The sky will be layered both in width and height to create a thrilling fireworks tapestry for the audience.A full spectrum of colors will be employed along with a diverse selection of effects including comets,mines,peonies,chrysanthemums,brocade waterfall,strobe,and specialty pattern effects such as half &half shells and rings. PANORAMIC DISPLAY Instead of a traditional,single location show,fireworks will also be fired from multiple auxiliary locations,creating a “panoramic”view for the audience. MULTI-LEVEL PRESENTATION This display will feature multiple layers of fireworks with various heights and sizes. This utilizes the entire sky as our “canvas”and creates an engaging show. CUSTOM MUSIC CHOREOGRAPHY If music is desired,our design team will create a custom music soundtrack specifically for your audience.Common selections include a mix of patriotic classics and current hits to engage audience members of all ages. SPECIAL FEATURES 44 Item 8. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com PRICING & DELIVERABLES 100%TURNKEY OPERATION Our staff works tirelessly to ensure the display preparation and production process is seamless.Our goal is to make your job as easy as possible.The following items will be included with your display: EXCEPTIONAL FIREWORKS Custom,high quality and hand-picked fireworks selection CONTINUOUSLY FIRED Continuously fired display without pauses or ‘dead air’ All LABOR Licensed,experienced,lead and assistant technicians 5x INSURANCE COVERAGE $5,000,000 general liability coverage,DOT auto and TX workers compensation ALL EQUIPMENT All necessary equipment including state-of-the-art digital firing equipment All TRANSPORTATION Commercially licensed driver,complete compliance with DOT regulations PERMITS &LICENSES All necessary federal,state,local licenses and permits (permit fees may apply). TOTAL BUDGET OPTION PRICING $36,550 45 Item 8. Description Price Qty Sub Total 20-22 Minute 1.3G Fireworks Display (shells up to 8")$36,500.00 1 $36,500.00 Local Fire Department Permit/Standby Fees (Estimated)*$0.00 1 $0.00 State Permit $50.00 1 $50.00 Display Estimate Includes: $5,000,000 (Five Million) General Liability & Auto Insurance Workers Compensation Insurance Federal ATF Explosives License, State & Local Permit Acquisition Computer Scripting/Choreography All Necessary Transportation All Necessary Equipment All Necessary Labor Including Experienced, Licensed Pyrotechnicians & Assistants 100% Electronic Computer Firing Equipment Tear-down & Cleanup ESTIMATE E-11006 1605 Crescent Circle, Suite 200 Carrollton, TX 75006 07.01.23 City of Sanger [1.3G] Account Manager Elizabeth Yankanich Ship Date 7/1/2023 12:00 AM Shipping Address 33.341568 -97.178133 Sanger, Tx 76266 Estimate Notes *Local Fire Department/Cities tend to waive permitting and standby fees for city displays. Total $36,550.00 WRITTEN ESTIMATE 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com Show specifications are estimates only and may be substituted based at equal value based on final choreography. 46 Item 8. Display Address: 33.341568, -97.178133 Per Texas Occupational Code 2154.251: There is no school, hospital, church, asylum, or child care center within 600ft. Per NFPA 1123: There is a maximum secured area of 800ft on all sides of the firing position for shells up to 8”. Security is provided by the City of Sanger. There are no hazardous materials within 1,120ft. Map Legend AUDIENCE 07.01.2023 City of Sanger Freedom Fest-Site Plan 1.3G Firing Position (shells up to 8”) NFPA Fallout Area 560 ft Illumination Fireworks Restricted Area 800 ft Caution Tape/Barricades/Bike Racks DISPLAY SITE PLAN 47 Item 8. ILLUMINATION FIREWORKS NEVER CEASES TO AMAZE US AND OUR ATTENDEES. WE ALWAYS GET AMAZING FEEDBACK, PLUS THE PROFESSIONAL STAFF ARE GREAT TO COORDINATE WITH. ASHLEY NEWHARTSPECIAL EVENTS COORDINATORCITY OF SOUTHLAKE “ CITY OF SOUTHLAKE CHALLENGE Southlake Town Square is comprised of high-end retail shops and residential living. The City of Southlake needed a display that could be visible from all areas around, but the only display location is a parking garage. WHAT WE DID Illumination Fireworks created a display featuring shells 1.75” to 3” in size. This limited the fallout area, meaning the display would meet safety and security distance requirements in the Town Square and provide a highly visible, impactful, and entertaining display. 3” SHELLS MAXIMUM SHELL SIZE 22 MIN. SHOW DURATION 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com48 Item 8. OUR CUSTOMERS HAVE BEEN COMPLETELY BLOWN AWAY BY ILLUMINATION FIREWORKS’ PERFORMANCE AND PRODUCT QUALITY. IT’S WHY WE KEEP RECOMMENDING THEM… ILLUMINATION FIREWORKS DOES IT THE VERY BEST! VAIL TOLBERTDIRECTOR OF PUBLIC RELATIONSFOUR SEASONS RESORT AND CLUB “ FOUR SEASONS RESORT CHALLENGE The Four Seasons Resort and Club at Las Colinas is a premier destination for golf and family activities in North Texas. Members expect a fireworks display that matches the atmosphere of the resort itself. WHAT WE DID Illumination Fireworks created a multi-level display featuring shells 1” to 2.5”. The show is choreographed to music and multiple positions of low-level effects makes the show unique. The show is high intensity and features unique sequences of effects, ending with a very large finale. 2.5” SHELLS MAXIMUM SHELL SIZE 15 MIN. SHOW DURATION 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com49 Item 8. PANAMA CHALLENGE Illumination Fireworks was hired to provide choreography and show consulting services for this display in Panama City, Panama, celebrating the 500th anniversary of the discovery of the Pacific Ocean. WHAT WE DID We designed a multi-level aerial show with matching effects from each barge. The barges were loaded in the Panama Canal and then steered to their final spot. Wireless firing systems were used to synchronize both barges to music and fire from land, giving the operator complete control of the start of the display. 6” SHELLS MAXIMUM SHELL SIZE 15 MIN. SHOW DURATION 16 CREW REQUIRED 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 | Fax: 972-245-7977 | IlluminationFireworks.com50 Item 8. e (S' SANGER REQUEST FOR PROPOSAL - Exhibit B FREEDOM FEST FIREWORKS DISPLAY RFP # RFP-2023-01 City of Sanger, Texas 502 Elm Street Sanger TX 76266 1 Page 1 of9 51 Item 8. 52 Item 8. 53 Item 8. 54 Item 8. 55 Item 8. 56 Item 8. 57 Item 8. 58 Item 8. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Audrey Tolle, Library Director AGENDA ITEM: Consideration and possible action on a Interlocal Agreement for Library Services between Denton County and City of Sanger. SUMMARY:  Denton County provides limited funding to municipal libraries that offer services free of charge to Denton County citizens, including those who live in unincorporated areas.  To be eligible for county funding, libraries must meet basic criteria and submit required documents to the Denton County Library Advisory Board (DCLAB) to be included in the combined funding request to the county.  While Denton County approves the total amount for all eligible libraries, the amount each library receives is determined by DCLAB’s funding formula, based on its population. FISCAL INFORMATION: Budgeted: YES Amount: $16,200 GL Account: 001-00-4189 RECOMMENDED MOTION OR ACTION: Staff recommends approval of the Interlocal Agreement with Denton County. ATTACHMENTS: 2022-2023 Interlocal Agreement for Library Services between Denton County and City of Sanger Exhibit A Calculation Worksheet 59 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 1 of 6 THE STATE OF TEXAS § § SANGER PUBLIC LIBRARY COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, Texas ("the COUNTY"), and the City of Sanger, Texas ("the MUNICIPALITY"), and has an effective date of October 1, 2022. WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of the COUNTY; and WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County, Texas, engaged in the provision of library and related services for the benefit of the citizens of the MUNICIPALITY; and WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to provide library services for all residents of the COUNTY; and WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, and Chapter 323 of the Texas Local Government Code, regarding County Libraries. NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2022, through September 30, 2023. II. For the purposes and consideration herein stated and contemplated, the MUNICIPALITY shall provide library services for the residents of the COUNTY without regard to race, religion, color, age, disability or national origin. Upon proper proof of residence, by an individual in the COUNTY, the individual shall be entitled issuance of a library card, at no cost, to be used in connection with said library services. 60 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 2 of 6 The MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. III. The COUNTY designates the County Judge to act on behalf of the COUNTY and serve as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of the COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of the COUNTY'S employees, agents, contractors, sub-contractors, or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the COUNTY and the MUNICIPALITY. IV. The MUNICIPALITY shall designate to act on behalf of the MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms and conditions of this Agreement. ________________________ shall provide management of the MUNICIPALITY'S employees, agents, contractors, sub-contractors, or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the MUNICIPALITY and the COUNTY. The MUNICIPALITY shall provide the COUNTY with a copy of the annual report submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire as documentation of the MUNICIPALITY’S expenditures and provision of service. 61 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 3 of 6 V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures and coordination of all work performed under the terms and conditions of this Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention required for proper supervision and direction of their employees. VI. The MUNICIPALITY agrees that its established library shall assume the functions of a county library within Denton County, Texas, and to provide a librarian who meets the requirements of the MUNICIPALITY’S job description. VII. The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents or representatives of the COUNTY. To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless and indemnify the COUNTY from and against any and all claims and for all liability arising out of, resulting from or occurring in connection with the performance of the work hereunder, including but not limited to, any negligent act or omission of the MUNICIPALITY, its officers, agents or employees. The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY does not waive any sovereign or governmental immunity available to the COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 62 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 4 of 6 VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Any notice required by this Agreement shall be delivered, in writing, by either the COUNTY or the MUNICIPALITY to the following addresses: The address of the COUNTY is: Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 Telephone: 940-349-2820 The address of the MUNICIPALITY is: Sanger Public Library c/ The City of Sanger, Texas 501 Bolivar Street Sanger, Texas 76266 Attention: Audrey Tolle Telephone: 940-458-3257 X. For the full performance of the services above stated, the COUNTY agrees to pay the MUNICIPALITY fees as described herein from current revenues available for such payment. The COUNTY shall pay the MUNICIPALITY fees in the amount of SIX THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($6,200.00), based upon North Central Texas Council of Governments service population allocation figures provided to the COUNTY by the Library Advisory Board, payable in equal quarterly installments to the MUNICIPALITY commencing on October 1, 2022. The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit “A.” In addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. The MUNICIPALITY shall attempt to secure funding from sources other than the COUNTY. 2. Upon receipt of additional funding, the MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3. The COUNTY shall match the MUNICIPALITY'S additional funding in an amount not to exceed $10,000.00. 63 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 5 of 6 4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and payment shall be satisfied from current revenues of the COUNTY. All funding by the COUNTY to the MUNICIPALITY is subject to the condition that the MUNICIPALITY shall have in place technology protection measures (commonly referred to as “filters”) with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children’s Internet Protection Act. The MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2022. XI. This Agreement may be terminated, at any time, by either party by giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, the MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. This Agreement represents the entire integrated Agreement between the MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations and/or Agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the MUNICIPALITY and the COUNTY. 64 Item 9. 2022-2023 ICA - Library Agreement – Sanger Public Library Page 6 of 6 XIII. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XIV. In the event any portion of this Agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED this __________ day of __________, 20____. DENTON COUNTY, TEXAS The City of Sanger, Texas By: ____________________________ By: Andy Eads, County Judge Name: Denton County, Texas Title: ATTEST: ATTEST: By: By: Denton County Clerk City Secretary AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 65 Item 9. DENTON COUNTY LIBRARY'S FUNDING (FY 2023) PER CAPITA: MATCHING: DENTON COUNTY POPULATION: POPULATION OF CITIES WITH LIBRARIES REMAINING POPULATION $ $ 0.338302 10,000.00 950,660 491,840 458,820 00 TOTAL CITY COUNTY PER CAPITA MATCHING TOTAL ROUNDED LIBRARY POP POP allocation ALLOCATION FUNDS AUBREY 37,961 19,640 18,321 $12,842 $10,000 $22,842 $22,900 CARROLLTON 261,149 135,110 126,039 $88,347 $$88,347 $88,400 FLOWER MOUND 151,865 78,570 73,295 $51,376 $$51,376 $51,400 JUSTIN 11,249 5,820 5,429 $3,806 $10,000 $13,806 $13,900 KRUM 11,191 5,790 5,401 $3,786 $10,000 $13,786 $13,800 LEWISVILLE 256,336 132,620 123,716 $86,719 $$86,719 $86,800 LITTLE ELM 99,813 51,640 48,173 $33,767 $10,000 $43,767 $43,800 PILOT POINT 9,336 4,830 4,506 $3,158 $10,000 $13,158 $13,200 PONDER 4,736 2,450 2,286 $1,602 $10,000 $11,602 $11,700 SANGER 18,304 9,470 8,834 $6,192 $10,000 $16,192 $16,200 THE COLONY 88,718 45,900 42,818 $30,014 $10,000 $40,014 $40,100 TOTAL 950,660 491,840 458,820 $321,610 $80,000 $401,610 $402,200 Aubrey Population: Aubrey Crossroads Krugerville Providence Total 7,580 1,830 1,970 8,260 19,640 Ponder Population:2,450 Dish (Interlocal Agreement)200 Total 2,650 EXHIBIT A 66 Item 9. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Conduct a public hearing on a request for a Specific Use Permit (SUP) for Outside Sales and Display, on the west end of 8.17 acres of land described as A1241A TIERWESTER, TR 165, zoned as Business District 2 (B-2) and generally located on the east side of I-35 at the intersection of South Stemmons and Wood Street. SUMMARY:  The applicant is proposing a Farmer’s Market on the west end of Stephen Baker Field that is owned by Sanger ISD.  Sanger ISD has granted permission for the Farmer’s Market use.  This lot is located on the east side of I-35 at the intersection of South Stemmons and Wood Street.  The site is zoned Business District 2 (B-2) which allows Outside Sales and Display with a SUP.  The Farmer’s Market would operate Saturday and Sunday on the first and third weekends of the month.  They would operate approximately 10 months of the year beginning in mid-March and running through December.  Staff mailed 39 notices and at the time of this report has received 2 in favor.  The Planning & Zoning Commission recommended Approval. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Location Map 67 Item 10. 15 89 63 15 89 65 58 011 15 89 64 56 99 0 56 93 0 56 59 2 56 96 7 73 96 2 I-35SERVICE I-35 WOOD ST I-35 300S S TE MMO NSFWY /Project Name: F armer s MarketSUP Wood Str eetProject: 22SANZO N-0056 0 210 420105 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 10/2 9/20 2 2 1:50 :4 6 PMDoc Name : 2 2 SA NZON-0 05 6 _Fa rmersMa rk et SUPCity L imi ts Exhi bi ts Sub je ctArea 68 Item 10. CITY COUNCIL COMMUNICATION DATE: December 5, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action on Ordinance No. 12-31-22 regarding a request for a Specific Use Permit (SUP) for Outside Sales and Display, on the west end of 8.17 acres of land described as A1241A TIERWESTER, TR 165, zoned as Business District 2 (B-2) and generally located on the east side of I-35 at the intersection of South Stemmons and Wood Street. SUMMARY:  The applicant is proposing a Farmer’s Market on the west end of Stephen Baker Field that is owned by Sanger ISD.  Sanger ISD has granted permission for the Farmer’s Market use.  This lot is located on the east side of I-35 at the intersection of South Stemmons and Wood Street.  The site is zoned Business District 2 (B-2) which allows Outside Sales and Display with a SUP.  The Farmer’s Market would operate Saturday and Sunday on the first and third weekends of the month.  They would operate approximately 10 months of the year beginning in mid-March and running through December.  Staff mailed 39 notices and at the time of this report has received 2 in favor.  The Planning & Zoning Commission recommended Approval. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Ordinance No. 12-31-22 Site Plan Application Letter of Intent Agreement with Sanger ISD Response Form 1 – In Favor Response Form 2 – In Favor 69 Item 11. 15 89 63 15 89 65 58 011 15 89 64 56 99 0 56 93 0 56 59 2 56 96 7 73 96 2 I-35SERVICE I-35 WOOD ST I-35 300S S TE MMO NSFWY /Project Name: F armer s MarketSUP Wood Str eetProject: 22SANZO N-0056 0 210 420105 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 10/2 9/20 2 2 1:50 :4 6 PMDoc Name : 2 2 SA NZON-0 05 6 _Fa rmersMa rk et SUPCity L imi ts Exhi bi ts Sub je ctArea 70 Item 11. Ordinance – SUP – South West Corner of South Stemmons and Wood Street – Farmer’s Market Page 1 of 2 CITY OF SANGER, TEXAS ORDINANCE No. 12-31-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGARDING A SPECIFIC USE PERMIT TO ALLOW A FARMERS MARKET AT THE CORNER OF SOUTH STEMMONS FRWY AND WOOD STREET, ON THE WEST END OF 8.17 ACRES OF LAND DESCRIBED AS A1241A TIERWESTER, TR 165; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state law and Charter; and WHEREAS, the City Council finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, all requests for a Specific Use Permit (SUP) were duly filed with the City of Sanger, Texas, concerning the hereinafter described property; and WHEREAS, following provision of proper legal notice requirements, which were made in the time and manner prescribed by law, including written notice to owners within 200 feet of the subject property; and WHEREAS, the Planning and Zoning Commission on November 14, 2022, duly covered and conducted public hearing for the purpose of assessing a request for a Specific Use Permit (SUP), recommending approval for the hereinafter described property; and WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a Specific Use Permit (SUP) to allow a Farmer’s Market on the west end of 8.17 acres of land zoned Business District 2 (B-2) use is hereby granted for the property described as A1241A TIERWESTER, TR 165 further described in Exhibit A with the following conditions: the market will operate Saturday and Sunday the 1st and 3rd weekends, 10 months out of the year running from mid-March to early December. SECTION 2. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. 71 Item 11. Ordinance – SUP – South West Corner of South Stemmons and Wood Street – Farmer’s Market Page 2 of 2 SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 5th day of December, 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 72 Item 11. EXHIBIT A 73 Item 11. 74 Item 11. 75 Item 11. 76 Item 11. 77 Item 11. 78 Item 11. 79 Item 11. 80 Item 11. 81 Item 11. CITY COUNCIL COMMUNICATION DATE: November 7, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action on a Final Plat of lots 1-30, Block A of Lonesome Dove Addition, 55.5 acres, located in the City of Sanger’s ETJ, and generally located on the south west corner of Metz Road and Hoehn Road. SUMMARY:  The applicant is proposing to create 30 single family lots ranging in size from 1.40 acres to 3.01 acre, from 1 previously unplatted tract.  Each lot has a minimum 142 feet of frontage.  The applicant is dedicating 5.15 acres of right-of-way for Metz Road.  This project was granted the variance to be considered Estates lots through the preliminary plat.  The preliminary plat also granted variances to the maximum block length and maximum cul-de-sac length.  The property is located in the City of Sanger’s ETJ.  The Planning and Zoning Commission recommended APPROVAL on October 10, 2022 with the condition all comments satisfied prior to City Council approval. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends DENIAL. Engineering and Planning comments for this site have not been fully addressed. See comments labeled Exhibit A for specific conditions of denial. ATTACHMENTS: Location Map Final Plat Application Letter of Intent Exhibit A Engineering Comments 82 Item 12. 59 58 9 59 64 6 59 57 2 18 74 18 17 87 33 72 95 82 72 95 85 72 95 84 72 95 81 72 95 86 59 58 3 59 58 3 72 95 83 74 38 89748374 59 83 6 18 77 86 74 12 26 76 63 54 59 84 9 59 56 6 METZ RD C O U N T R Y R O A D S D R HOE HN RD /Project Name: Lonesome Dove AddnFinal PlatProject: 22SANZO N-0055 0 500 1,000250 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 9/17 /2 02 2 5 :2 6:3 5 P MDoc Name : 2 2 SA NZON-0 05 5 _L on e some Do veA d dnCity L imi ts Exhi bi ts Subje c tArea 83 Item 12. VICINITY MAP N.T.S. N WE s VIEW RD HOEHN RD ME T Z R D W L O U I S R D IN T E R S T A T E H I G H W A Y 3 5 CO RD 200 CO R D 2 0 0 CO R D 2 0 0 CO RD 256 SITE 0'0'50'100'200' GRAPHIC SCALE 1" = 100' N WE s LEGEND PROPERTY LINE EASEMENT RIGHT OF WAY UTILITY EASEMENT DRAINAGE EASEMENT DRAINAGE AND UTILITY EASEMENT VISIBILITY EASEMENT R.O.W. U.E. D.E. D.U.E. V.E. E-E EDGE TO EDGE SURVEYORS CERTIFICATE STATE OF TEXAS COUNTY OF DENTON I hereby certify that this plat is true and correct and was prepared from an actual Survey of the property made on the ground under my supervision. Tommy Q. Burks Registered Professional Land Surveyor No. 5509 Burks Land Surveying 223 CR 1260 Decatur, Tx 76234 FIRM NO. 10069700 CURVE TABLE CURVE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 RADIUS 960.00' 1040.00' 530.00' 66.00' 66.00' 470.00' 66.00' 66.00' 66.00' 66.00' 66.00' 66.00' 66.00' 530.00' 66.00' 66.00' 470.00' LENGTH 40.94' 41.23' 129.56' 57.31' 87.75' 115.81' 13.49' 66.85' 64.41' 64.66' 64.75' 64.76' 13.49' 130.59' 46.13' 98.92' 101.04' DELTA 002°26'36" 002°16'18" 014°00'23" 049°45'10" 076°10'33" 014°07'04" 011°42'28" 058°02'01" 055°54'41" 056°07'51" 056°12'51" 056°13'24" 011°42'28" 014°07'04" 040°03'01" 085°52'42" 012°19'02" CHORD BEARING N89°02'45"E N88°57'35"E S82°53'52"W N66°07'45"W S50°54'24"W S82°50'31"W N32°59'19"W N67°51'34"W S55°10'05"W S00°51'10"E S57°01'32"E N66°45'21"E N32°47'25"E N82°50'31"E S61°16'40"E N55°45'28"E N81°56'30"E CHORD LENGTH 40.94' 41.23' 129.24' 55.53' 81.43' 115.52' 13.46' 64.03' 61.88' 62.10' 62.19' 62.20' 13.46' 130.26' 45.20' 89.92' 100.85' LINE TABLE LINE NO. L1 L2 L3 L4 L5 BEARING S44°59'02"E S44°49'58"W S45°10'02"E N00°16'06"E S87°03'28"W LENGTH 14.20' 14.13' 14.16' 17.03' 40.04' HOEHN ROAD (GRAVEL) ME T Z R O A D (A S P H A L T ) 40 . 0 ' 40 . 0 ' 28 . 0 ' PV M T E - E 40 . 0 ' POB N: 7201158.16 E: 2367357.17 60 . 0 ' RO W 60 . 0 ' RO W S89°54'03"W 673.05' S89°54'03"W 812.40' S75°46'59" W 368.14' 5 0 0 'R 5 0 0 'R R50 . 0 ' R5 0 . 0 ' 8.0'8.0' 8.0'8.0' 8.0' 8.0' 28 . 0 ' E- E P V M T LONESOME DOVE TRAIL 40.0' 40.0' FH FH FH S89°54'16"E 1,950.64' ME T Z R D ( A S P H A L T ) IRS CHARLES STOBAUGH V. 2827, P. 965 D.R.D.C.T CHARLES STOBAUGH V. 2827, P. 965 D.R.D.C.T HIMALAYAN FAMILY RANCH LLC LOT 6, BLOCK A SADDLE RIDGE ESTATES CAB. M, PAGE 241 P.R.D.C.T LOT 7, BLOCK A METZ ESTATES ADDITION INST. #2019-89640 P.R.D.C.T OLVERA, ARMANDO & OLVERA A0199A B.B.B. & C. RR CO., TR 6B INST. #2018-111054 D.R.D.C.T RUGGIERI, JASON A & HEATHER A0199A B.B.B. & C. RR CO., TR 6C INST. #2021-76290 D.R.D.C.T CONELY, CHRISTOPHER M & DAWN A0199A B.B.B. & C. RR CO., TR 6D INST. #2019-65759 D.R.D.C.T DEL ROSARIO VINALES, MIGUEL & SOUVANNA A0199A B.B.B. & C. RR CO., TR 6A INST. #2018-84116 D.R.D.C.T SRI GANESH HOMES LLC A0199A B.B.B. & C. RR CO., TR 6F INST. #2021-190360 D.R.D.C.T BERNAL, NOE SANTOS & AMANDA A0199A B.B.B. & C. RR CO., TR 6 INST. #2022-9625 D.R.D.C.T HOEHN, P J A0801A WM MASON, TR 6 V. 469, P. 208 D.R.D.C.T WOLSKI, EDWARD F A0199A B.B.B. & C. RR CO., TR 5 INST. #2017-106111 D.R.D.C.T HOEHN, BRIAN LEE A0801A WM MASON, TR 7 INST. #2018-40717 D.R.D.C.T HOEHN, BRIAN LEE & HOEHN, PHILIP LEE A0801A WM MASON, TR 6A INST. #2016-111364 D.R.D.C.T HOEHN, P J A0801A WM MASON, TR 6 V. 469, P. 208 D.R.D.C.T 100' ELECTRIC ESMT V.566,P.571 V.626,P.627 60' BRAZOS RIVER ELECTRIC ESMT V.306,P.606 V.749,P.368 V.749,P.370 V.749,P.373 V.749,P.377 LOT 20 1.71 AC. LOT 24 1.81 AC. LOT 25 1.83 AC. LOT 30 1.61 AC. LOT 29 1.52 AC. LOT 6 1.40 AC.LOT 7 1.53 AC. LOT 2 1.40 AC.LOT 5 1.40 AC. LOT 4 1.40 AC. LOT 23 1.74 AC. LOT 8 1.53 AC. LOT 9 1.53 AC. LOT 10 1.53 AC. LOT 11 1.53 AC. LOT 22 1.71 AC. LOT 21 1.71 AC. LOT 19 1.71 AC. LOT 18 1.71 AC.LOT 16 3.01 AC. LOT 12 1.53 AC. N0 ° 0 5 ' 5 7 " W 40 5 . 2 5 ' S0 0 ° 1 4 ' 0 7 " E 3 8 6 . 5 5 ' N67°53 ' 3 6 " E 422.47 ' S27 ° 4 5 ' 5 9 " W 51 9 . 4 9 ' N89°55'26"W 203.14' N0 0 ° 1 6 ' 0 6 " E 3 3 4 . 2 6 ' N0 ° 0 5 ' 5 7 " W 48 4 . 6 2 ' N89°54'03"E 142.69' S0 ° 0 5 ' 5 7 " E 49 6 . 3 8 ' N89°55'26"W 150.00' N0 ° 0 5 ' 5 7 " W 49 6 . 8 4 ' N89°54'03"E 150.00' S0 ° 0 5 ' 5 7 " E 49 7 . 3 0 ' N89°55'26"W 150.00' S0 ° 0 5 ' 5 7 " E 49 8 . 2 2 ' N89°55'26"W 150.00' N0 ° 0 5 ' 5 7 " W 49 7 . 7 6 ' N89°54'03"E 150.00' N0 ° 0 5 ' 5 7 " W 51 7 . 1 5 ' S0 ° 3 7 ' 5 6 " W 52 3 . 9 4 ' N89°55'26"W 144.62' N0 ° 0 5 ' 5 7 " W 40 8 . 3 9 ' S0 ° 0 5 ' 5 7 " E 42 8 . 5 4 ' S87°03'28"W 155.27' N0 ° 0 5 ' 5 7 " W 42 1 . 1 2 ' N89°54'03"E 158.00' S0 ° 0 5 ' 5 7 " E 41 3 . 2 8 ' S87°03'28"W 158.19' N0 ° 0 5 ' 5 7 " W 31 9 . 9 1 ' S0 0 ° 1 4 ' 0 7 " E 2 9 8 . 6 7 ' S89°54'03"W 183.50' N0 ° 0 5 ' 5 7 " W 32 0 . 4 3 ' S0 ° 0 5 ' 5 7 " E 32 1 . 1 2 ' S89°54'03"W 190.00' N0 ° 0 5 ' 5 7 " W 34 5 . 6 6 ' S0 ° 0 5 ' 5 7 " E 33 6 . 8 2 ' S75°46'59" W 1 2 5 . 2 8 ' N0 ° 0 5 ' 5 7 " W 44 2 . 7 1 ' S0 ° 0 5 ' 5 7 " E 42 1 . 0 0 ' S0 ° 0 5 ' 5 7 " E 44 3 . 2 2 ' S89°54'03"W 150.00' N0 ° 0 5 ' 5 7 " W 44 3 . 7 3 ' S0 ° 0 5 ' 5 7 " E 44 4 . 2 4 ' S89°54'03"W 150.00' N0 ° 0 5 ' 5 7 " W 44 4 . 7 5 ' N 3 5 ° 2 0 ' 2 0 " W 5 0 3 . 1 1 ' S0 ° 0 5 ' 5 7 " E 43 3 . 9 6 ' LOT 26 1.50 AC. LOT 27 1.50 AC. LOT 28 1.51 AC. S89°54'03"W 190.00' N89°54'03"E 161.52' S87°03'28"W 161.72' N89°54'03"E 164.37' S87°03'28"W 175.53' S89°54'03"W 150.00'S89°54'03"W 150.00'S89°54'03"W 142.69' N73°5 4 ' 1 9 " W 404.79 ' N0 0 ° 1 6 ' 0 6 " E 3 3 3 . 7 8 ' N0 0 ° 1 6 ' 0 6 " E 3 3 3 . 3 1 ' N89°55'26"W 300.00' N89°54'03"E 150.00' N89°55'26"W 150.00' N89°54'03"E 150.00' N89°55'26"W 150.00'N89°55'26"W 150.00'N89°55'26"W 140.00' S87°03'28"W 154.19' N89°54'03"E 139.23' N89°54'03"E 2530.63' N0 0 ° 1 6 ' 0 6 " E 1 0 1 8 . 3 8 ' N89°55'26"W 1687.76' S0 2 ° 1 2 ' 5 7 " W 1 8 3 . 2 2 ' S87°03'28"W 844.96' S0 0 ° 1 4 ' 0 7 " E 7 9 8 . 5 4 ' LOT 1 1.41 AC. LOT 3 1.40 AC.LOT 13 1.93 AC. LOT 14 2.59 AC. LOT 15 1.76 AC. LOT 17 1.89 AC. S89°43'57"E 182.75'S89°43'57"E 190.00' S89°43'57"E 75.21' S89°54'16"E 32.63'S89°54'16"E 187.76'S89°54'16"E 173.24'S89°54'16"E 157.00'S89°54'16"E 153.35'S89°54'16"E 150.00'S89°54'16"E 150.00'S89°54'16"E 150.00'S89°54'16"E 150.00'S89°54'16"E 150.00'S89°54'16"E 349.56'S89°54'16"E 147.16' S89°54'03"W 59.49' S75°46'59" W 96.63' S75°46'59" W 28.65' N75°46'59 " E 115.18' N75°46'59" E 68.36' N75°46'59" E 56.93' C1C2 C3 C4 C5 C6 C 7 C8C9 C1 0 C 1 1 C12 C1 3 C14 C1 5 C16 C17 L 1 L2 L 3 L4 L5 15' DRAINAGE AND UTILITY ESMT 15' DRAINAGE AND UTILITY ESMT 15' DRAINAGE AND UTILITY ESMT 5' U.E. 5' U.E. 5' U.E. 5' U.E. (3) 24" CMP 15" CMP (2) 24" CMP 16' D.E.16' D.E. 16' D.E.16' D.E. 16' D.E. 16' D.E. 30'X30' V.E. 30'X30' V.E. 30'X30' V.E. 30' BLDG. SETBACK 30' BLDG. SETBACK FINAL PLAT LONESOME DOVE ADDITION LOTS 1 - 30, BLOCK A 5.15 AC R.O.W. DEDICATION 55.50 ACRES (2,417,492.19 SQ.FT.) OUT OF THE WILLIAM MASON SURVEY, ABSTRACT NO. 801 SANGER ETJ, DENTON COUNTY, TEXAS PREPARED: AUGUST 19, 2022 OWNER / DEVELOPER: TRACOM ENTERPRISES INC 4925 GREENVILLE AVE STE 200, DALLAS, TX, 75206 CONTACT: KEITH SMITH SURVEYOR: BURKS LAND SURVEYING 223 CR 1260 DECATUR, TX 76255 CONTACT: QUINT BURKS, RPLS ENGINEER / APPLICANT: WESTFALL ENGINEERING CIVIL ENGINEERING CONSULTANTS TBPE FIRM REG. #19101 CONTACT: HEATH VOYLES, P.E. EMAIL: HEATH@WESTFALLENGINEERING.COM PAGE 1 OF 2 GENERAL NOTES: 1.ALL LOTS COMPLY WITH THE MINIMUM SIZE REQUIREMENTS OF THE ZONING DISTRICT. 2.THIS PROPERTY MAY BE SUBJECT TO CHARGES RELATED TO IMPACT FEES AND THE APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 3.ALL COMMON AREAS, DRAINAGE EASEMENTS, AND DETENTION FACILITIES WILL BE OWNED AND MAINTAINED BY THE HOA/POA. ANY COMMON AREA WITHIN THE CITY'S RIGHT-OF-WAY WILL REQUIRE A FACILITIES AGREEMENT, TO BE REVIEWED AND APPROVED BY THE CITY. 4.NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 5.THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS, IF ANY, ON THIS PROPERTY. 6.MINIMUM FINISHED FLOOR ELEVATIONS (FFE) ARE AT LEAST 2 FEET ABOVE THE 100-YEAR FLOODPLAIN. 7.THE SUBJECT PROPERTY DOES NOT LIE WITHIN A 100-YEAR FLOODPLAIN ACCORDING TO COMMUNITY PANEL NO. 48121C0065G DATED MARCH 18, 2011 OF THE NATIONAL FLOOD INSURANCE RATE MAPS FOR DENTON COUNTY, TEXAS. 8.THE PURPOSE OF THIS PLAT IS TO CREATE A RESIDENTIAL SUBDIVISION. 9.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 (NAD 83). ELECTRIC: COSERV 7701 S STEMMONS CORINTH, TX 76065 (940)321-7844 WEBSITE: https://www.coserv.com TELEPHONE: CENTURYLINK 450 MAIN ST LAKE DALLAS, TX 75065 (940)227-4202 WEBSITE: https://www.centurylink.com WATER: BOLIVAR WATER SUPPLY COMPANY 4151 FM 455 WEST SANGER, TX 76266 (940)458-3931 WEBSITE: https://www.bolivarwatersc.com/ 84 Item 12. Approved: __________________________________ ______________ Chairman, Planning & Zoning Commision Date City of Sanger, Texas __________________________________ ______________ Mayor Date City of Sanger, Texas Attested by __________________________________ ______________ City Secretary, City of Sanger, Texas Date STATE OF TEXAS COUNTY OF DENTON We, Tracom Enterprises, Inc, the undersigned, are the owners of the land shown on this plat within the area described by metes and bounds as follows: BEING all that certain lot, tract, or parcel of land situated in the William Mason Survey Abstract Number 801 in Denton County, Texas, being all that certain tract of land conveyed by deed from Josephine B. Hoehn to Wilbur Clarence Hoehn recorded in Volume 748, Page 804, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a P. K. nail set for corner in Metz Road, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Fanton R. Hoehn and wife, Anna Mae Hoehn to Charles E. Stobaugh recorded in Volume 2827, Page 965, Real Property Records, Denton County, Texas; THENCE South 87°03'28" West, 844.96 feet with the north line of said Stobaugh tract to a fence corner for corner; THENCE South 02°12'57" West, 183.22 feet with the north line of said Stobaugh tract to an iron rod set for corner; THENCE South 89°55'26" West, 1,687.76 feet with the north line of said Stobaugh tract to an iron rod set for corner in the east line of Lot 6, Block A of Saddle Ridge Estates, an addition to Denton County, Texas according to the plat thereof recorded in Cabinet M, Page 241, Plat Records, Denton County, Texas; THENCE North 00°16'06" East, 1,018.38 feet with said east line of said Lot 6, Block A of said Saddle Ridge Estates to an iron rod set for corner in Hoehn Road, a public roadway; THENCE North 89°54'03" East, 2,530.63 feet with said Hoehn Road to an iron rod set for corner in said Metz Road; THENCE South 00°14'07" East, 798.54 feet with said Metz Road to the PLACE OF BEGINNING and containing 55.50 acres of land. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT Tracom Enterprises, Inc, acting herein by and through its duly authorized officer does hereby adopt this plat designating the herein above described property as Lots 1-30, Block A, Lonesome Dove Addition, an addition to the City of Sanger, Texas, and does hereby dedicate to the public use forever by fee simple title, free and clear of all liens and encumbrances, all streets, thoroughfares, alleys, fire lanes, drive aisles, parks, and watercourses, and to the public use forever easements for sidewalks, storm drainage facilities, utilities, and any other property necessary to serve the plat and to implement the requirements of the subdivision regulations and other City codes and do hereby bind ourselves, our heirs, successors and assigns to warrant and to forever defend the title on the land so dedicated. Further, the undersigned covenants and agrees that he/she shall maintain all easements and facilities in a state of good repair and functional condition at all times in accordance with City codes and regulations. No buildings, fences, trees, shrubs, of other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be installed, if approved by the City of Sanger. The City of Sanger and public entities shall have the right to access and maintain all respective easements without the necessity at any time procuring permission from anyone. WITNESS MY HAND this ___ day of ____________, 2022. _____________________________ Keith Smith (Tracom representative) STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared, Keith Smith, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this ____ day of ___________ , 2022 _________________________________ Notary Public in and for the State of Texas Commission expires: _________________________________ STANDARD DENTON COUNTY CONSTRUCTION NOTES: 1. ALL LOTS WILL BE SERVICED BY BOLIVAR WATER. 2. ALL LOTS WILL HAVE SEPTIC SYSTEMS FOR SANITARY SEWER. 3. THE MAINTENANCE OF PAVING, GRADING AND DRAINAGE IMPROVEMENTS AND/OR EASMENTS SHOWN ON THIS PLAT ARE THE RESPONSIBILITY OF THE INDIVIDUAL PROPERTY OWNER AND DOES NOT CONSTITUTE ACCEPTANCE OF SAME FOR MAINTENANCE PURPOSES BY DENTON COUNTY. 4. ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT CLEAR OF FENCES, BUILDINGS, FOUNDATION, PLANTINGS AND OTHER OBSTRUCTIONS TO THE OPERATION AND MAINTENANCE OF THE DRAINAGE FACILITY. 5. BLOCKING THE FLOW OF WATER OR CONSTRUCTING IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE FLOODWAY IS PROHIBITED. 6. CONSTRUCTION NOT COMPLETE WITHIN TWO YEARS OF THE COMMISSIONERS COURT APPROVAL SHALL BE SUBJECT TO CURRENT COUNTY SUBDIVISION RULES AND REGULATIONS. 7. A DRIVEWAY CULVERT PERMIT MUST BE OBTAINED FROM THE DENTON COUNTY AND BRIDGE DEPARTMENT BY THE OWNER OF EACH LOT PRIOR TO THE CONSTRUCTION, INSTALLATION, OR PLACEMENT OF ANY DRIVEWAY ACCESS IMPROVEMENTS WITHIN THE DEDICATED RIGHT-OR-WAY. 8. NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM DENTON COUNTY SHALL BE ALLOWED WITHIN AN INDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN ONLY AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT INCLUDING ENGINEERING PLANS AND STUDIES SHOW THAT NO RISE IN THE BASE FLOOD ELEVATION (BFE) WILL RESULT, THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO FOOT ABOVE THE 100-YEAR FLOOD ELEVATION. 9. DENTON COUNTY SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES; AND THE OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES, AND SAID OWNERS AGREE TO INDEMNIFY AND HOLD HARMLESS DENTON COUNTY FROM ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE OBLIGATIONS OF SAID OWNERS SET FORTH IN THIS PARAGRAPH. ELECTRIC: COSERV 7701 S STEMMONS CORINTH, TX 76065 (940)321-7844 WEBSITE: https://www.coserv.com TELEPHONE: CENTURYLINK 450 MAIN ST LAKE DALLAS, TX 75065 (940)227-4202 WEBSITE: https://www.centurylink.com WATER: BOLIVAR WATER SUPPLY COMPANY 4151 FM 455 WEST SANGER, TX 76266 (940)458-3931 WEBSITE: https://www.bolivarwatersc.com/ GENERAL NOTES: 1.ALL LOTS COMPLY WITH THE MINIMUM SIZE REQUIREMENTS OF THE ZONING DISTRICT. 2.THIS PROPERTY MAY BE SUBJECT TO CHARGES RELATED TO IMPACT FEES AND THE APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 3.ALL COMMON AREAS, DRAINAGE EASEMENTS, AND DETENTION FACILITIES WILL BE OWNED AND MAINTAINED BY THE HOA/POA. ANY COMMON AREA WITHIN THE CITY'S RIGHT-OF-WAY WILL REQUIRE A FACILITIES AGREEMENT, TO BE REVIEWED AND APPROVED BY THE CITY. 4.NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 5.THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS, IF ANY, ON THIS PROPERTY. 6.MINIMUM FINISHED FLOOR ELEVATIONS (FFE) ARE AT LEAST 2 FEET ABOVE THE 100-YEAR FLOODPLAIN. 7.THE SUBJECT PROPERTY DOES NOT LIE WITHIN A 100-YEAR FLOODPLAIN ACCORDING TO COMMUNITY PANEL NO. 48121C0065G DATED MARCH 18, 2011 OF THE NATIONAL FLOOD INSURANCE RATE MAPS FOR DENTON COUNTY, TEXAS. 8.THE PURPOSE OF THIS PLAT IS TO CREATE A RESIDENTIAL SUBDIVISION. 9.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 (NAD 83). SURVEYORS CERTIFICATE STATE OF TEXAS COUNTY OF DENTON I hereby certify that this plat is true and correct and was prepared from an actual Survey of the property made on the ground under my supervision. Tommy Q. Burks Registered Professional Land Surveyor No. 5509 Burks Land Surveying 223 CR 1260 Decatur, Tx 76234 FIRM NO. 10069700 VICINITY MAP N.T.S. N WE s VIEW RD HOEHN RD ME T Z R D W L O U I S R D IN T E R S T A T E H I G H W A Y 3 5 CO RD 200 CO R D 2 0 0 CO R D 2 0 0 CO RD 256 SITE OWNER / DEVELOPER: TRACOM ENTERPRISES INC 4925 GREENVILLE AVE STE 200, DALLAS, TX, 75206 CONTACT: KEITH SMITH FINAL PLAT LONESOME DOVE ADDITION LOTS 1 - 30, BLOCK A 5.15 AC R.O.W. DEDICATION 55.50 ACRES (2,417,492.19 SQ.FT.) OUT OF THE WILLIAM MASON SURVEY, ABSTRACT NO. 801 SANGER ETJ, DENTON COUNTY, TEXAS PREPARED: AUGUST 19, 2022 SURVEYOR: BURKS LAND SURVEYING 223 CR 1260 DECATUR, TX 76255 CONTACT: QUINT BURKS, RPLS ENGINEER / APPLICANT: WESTFALL ENGINEERING CIVIL ENGINEERING CONSULTANTS TBPE FIRM REG. #19101 CONTACT: HEATH VOYLES, P.E. EMAIL: HEATH@WESTFALLENGINEERING.COM PAGE 2 OF 2 85 Item 12. City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-4072 (fax) 940-458-2059 (office) www.sangertexas.org Effective Date: 02/11/2020 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) 940-458-4072(fax) www.sangertexas.org SUBDIVISION APPLICATION Preliminary Plat Minor Plat Final Plat/Replat Amended Plat Vacating Plat Conveyance Plat Applicant Owner (if different from applicant) Name: Name: Company: Company: Address: Address City, State, Zip: City, State, Zip: Phone Phone: Fax: Fax: Email: Email: Submittal Checklist Pre-Application Conference (Date: / / ) One (1) Paper Copy of Plat (24”x36”, folded to 1/4 size) Letter of Intent Non-Refundable Application Fee (Check Payable to City of Sanger) Application Form (Signed by Owner) Applicable Plat Checklist (Completed) Additional Required Documents/Traffic & Drainage Studies etc. One (1) PDF Copy of all Documents Provided on a CD/DVD or Emailed to development@sangertexas.org Supporting Materials (List if provided): R Number(s): Owner’s Signature Date Applicant’s Signature Date Office Use: Reviewed by Director of Development Services / / Complete (Check #_ ) Incomplete (Returned to Applicant / _/ ) Heath Voyes Westfall Engineering, PLLC 1719 Angel Pkwy Ste 400-206 Allen, TX 75002 817-657-4759 heath@westfallengineering.com Keith Smith Tracom Enterprises Inc 4925 Greenville, Ave Ste 200 Dallas, TX 75206 469-877-3766 ksmith@usrealtyteam.com X X X X X X X X X 59572 9/13/2022 Authentisign ID: 350B2E9B-9754-4FAA-9083-B83DE0FD22C4Authentisign ID: 350B2E9B-9754-4FAA-9083-B83DE0FD22C4 86 Item 12. 1719 ANGEL PARKWAY STE. 400-206 ALLEN, TX 75002 Bonton Wellness TBPE FIRM REG. #19101 September 14, 2022 Ms. Ramie Hammonds City of Sanger Development Services 201 Bolivar Sanger, TX 76266 RE: Letter of Intent – Final Plat: Lonesome Dove Addition Ms. Hammonds, Please let this letter serve as our formal Letter of Intent for the Final Plat for the property located at the southwest corner of Metz Road and Hoehn Road. The subject property is located outside of Sanger’s City limits, but within the City’s ETJ. The 55.50+/- acre property is anticipated to create approximately 30 residential lots. The Final Plat has been prepared in general conformance with the approved Preliminary Plat. This Final Plat requests three variances from the subdivision ordinance as were approved with the Preliminary Plat: 1. The minimum of 1.5 acre for Estate lots not apply 2. Maximum cul-de-sac length to not apply 3. Maximum block length to not apply The 6 lots at the northeast corner of subdivision are approximately 1.4 acres and slightly smaller than the 1.5 acre requirement for estate lots. The proposed roadway, Lonesome Dove Trail, has been aligned so that all lots on the south side of the proposed right-of-way meet the 1.5 acre requirement. The average lot size for the proposed subdivision is approximately 1.68 acres. Requests 2 and 3 are related. This Final Plat proposes a central estate style road with a 60-ft right-of-way running through the center of the subdivision. The total length of the proposed roadway is just over 2100- ft. It would take a vehicle travelling 30 mph about 45 seconds to travel the length of the street. This limited amount of time would not be an undue burden on the residents or emergency vehicles. It also removes an unnecessary connection to Hoehn Road which is likely to have limited use as residents would be using the paved internal street to access the Metz Road. A central turn around meeting the geometry requirements of a cul-de-sac is proposed approximately midway in the proposed roadway. This style of development has been successfully implemented and allows the residents the benefit of a dead-end street that won’t have cut-through traffic. The layout creates a single block which would exceed the maximum in the subdivision ordinance and is common for a single block subdivision. The City’s future land use plan identifies this area as rural residential. We believe this development is in conformance with the future land use plan and the requested variances are in line with the spirit of the City’s ordinances while allowing for a unique approach to a rural residential development. Sincerely Heath Voyles, PE 87 Item 12. EXHIBIT A DATE: 11/29/2022 ENGINEERING PLAT COMMENTS – Final Plat (Lonesome Dove Addition) Request is for a Final Plat of the Lonesome Dove Addition, being approximately 55.50 acres, prepared by Westfall Engineering, submitted on 09/14/2022. Below are the comments that should be addressed prior to City Council approval. Resubmit the revised plat along with a response letter addressing all comments. Engineering Denial is recommended for the following reasons:  We are still coordinating drainage with the developer’s engineer. We have comments regarding drainage easement locations and sizes that need to be addressed. They are to provide drainage easements between lots but in order to properly size the easements they must provide engineering calculations and show the drainage is contained within the easement and they have provided 1’ of freeboard. There a drainage structure located within public right of way at the intersection of Hoehn Road and Metz Road. A portion of this public improvement is shown within private property. The developer’s engineer needs to make modifications to the drainage structure or change the lot boundary.  One of our comments is they have not provided detention and they need to show and provide us documentation that they are not impacting downstream or adjacent property owners. The outcome of this study will impact the plat due to easement for detention or easements for downstream improvements. 88 Item 12. CITY COUNCIL COMMUNICATION DATE: November 7, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action on a Preliminary Plat of the Glenn Polk Addition, being 10.418 acres, located in the City of Sanger, and generally located on the west side of I-35 approximately 670 feet south of Belz Road. SUMMARY:  The applicant is proposing to create 1 commercial lot from one unplatted tract.  This is the current Glenn Polk Auto Sales site.  The lot will be 10.418 acres.  The applicant will build a new show room and sales office behind the existing showroom and sales office. They will also build a service bay area.  The existing showroom and sales office will be demolished once the new one is operational.  The property is located in the City of Sanger.  The Planning and Zoning Commission recommended APPROVAL on October 10, 2022 with the condition all comments were satisfied prior to City Council approval. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends DENIAL. Engineering comments for this site have not been fully addressed. See comments labeled Exhibit A for specific conditions of denial. ATTACHMENTS: Location Map Preliminary Plat Application Letter of Intent Exhibit A Engineering Comments 89 Item 13. 12 27 97 12 27 94122791111370 56 48 2 74 85 4 113 12 4 113 12 5 77 811 56 48 9 84 58 5 I-35 SERVICE BELZ RD I-35 SERVICE I-35 I-35 /Project Name: G len Polk AddnMinor PlatProject: 22SANZO N-0054 0 500 1,000250 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 9/17 /2 02 2 5 :3 4:0 9 P MDoc Name : 2 2 SA NZON-0 05 4 _G le n P olk A dd n Mino r Pla tCity L imi ts Exhi bi ts Sub je ctArea 90 Item 13. XXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X O H U O H U OHU OHU OHU O H U O H U O H U OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU M & G SANGER REAL ESTATE, LLC, CALLED 10.42 ACRES DOC. NO. 2019-27076 O.P.R.D.C.T. HENRY TI E R W E S T E R S U R V E Y ABSTRACT N O . 1 2 4 1 PAC GROU P , L T D . CALLED 5 0 A C R E S DOC. NO. 2 0 0 1 - 0 7 1 8 6 9 O.P.R.D. C . T . DANIEL R . W O L F E & B R I A N N A L . W O L F E CALLED 2 . 5 0 1 A C R E S DOC. NO. 2 0 2 1 - 2 1 4 9 4 O.P.R.D. C . T . JAMES F. J O N E S & Y O L A N D A M . J O N E S CALLED 2 . 4 9 7 A C R E S DOC. NO. 2 0 1 4 - 3 7 0 1 6 O.P.R.D. C . T . JORGE CA S T I L L O CALLED 2 . 5 0 A C R E S DOC. NO. 2 0 2 2 - 1 5 0 7 2 O.P.R.D. C . T . JOHN D. C A S S A D A Y A N D W I F E , MELISSA N . C A S S A D A Y CALLED 2 . 4 9 8 A C R E S DOC. NO. 2 0 0 5 - 6 3 6 6 4 O.P.R.D. C . T . THE CHRI S T T H E G R E A T S H E P H E R D CHURCH CALLED 2 . 5 0 A C R E S DOC. NO. 1 9 9 3 - 4 3 2 1 9 O.P.R.D. C . T . DORWIN L E E S A R G E N T JR. CALL E D 5 . 5 0 7 ACRES VOL. 141 2 , P G . 3 8 3 O.P.R.D. C . T . HOLT TEX A S L T D . CALLED 3 0 . 9 6 A C R E S DOC. NO. 2 0 1 3 - 7 1 9 5 8 O.P.R.D. C . T . O H U O H U O H U O H U O H U (4 0 . 0 ' A S P H A L T S U R F A C E ) I- 3 5 S O U T H F R O N T A G E R O A D 25 ' B . L . P E R P L A T 16 ' U . E . P E R P L A T 10' B.L. & U.E. PER PLAT 20 ' B . L . & U . E . P E R P L A T 453813.1 Sq. Feet 9.936 Acres S 88°55'36" E 1182.52' N 88°19'03" W 1166.72' N 0 1 ° 0 3 ' 3 6 " E 36 1 . 4 0 ' P.O.B. 1/2" IRF 1/2" IRF MFCP CIRF TXDOT 10' B.L. & U.E. PER PLAT LOT 1, BLOCK A A C A L L E D 0 . 4 7 3 5 O F A N A C R E ST A T E O F T E X A S ( P A R C E L S 1 4 7 ) DO C . N O . 1 3 8 0 7 1 R. P . R . D . C . T . CIRS L1 L2 L3 L4 L5 L6 PK NAIL FOUND CIRS JOB NO. 22155-2 DATE: 10/10/2022 DRAWN BY: T.E.P. SCALE: 1" = 60' PAGE: 1 OF 1 111 N. DIXON ST. GAINESVILLE, TX 76240 PH. 940-665-9105 TBPLS FIRM NO. 10048000 T E XA S I, J.E. THOMPSON II, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY ON THE GROUND AND THAT ALL CORNERS ARE SET WITH 1/2" CAPPED IRON RODS OR FOUND AS INDICATED. __________________________________________ J.E. THOMPSON II R.P.L.S. TEXAS REGISTRATION NO. 4857 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED J.E. THOMPSON II, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ___ DAY OF _________, 2022. ___________________________________ NOTARY PUBLIC, TEXAS VICINITY MAP (NOT TO SCALE) N BE L Z R O A D BELZ ROAD W. CHAPMAN ROAD (F.M. 455) ME T Z R O A D HW Y 3 5 SITE N 0'60'120' ( 1 INCH = 60 FEET ) LEGEND = PROPERTY CORNER = BENCHMARK = TELEPHONE/UTILITY RISER = BURIED CABLE MARKER = TELEPHONE MANHOLE = POWER/UTILITY POLE (TR/UR) (BCM) (TMH) (PP/UP) CM * FF MFCP WFCP ( ) = CONTROL MONUMENT = FINISHED FLOOR = METAL FENCE CORNER POST = WOOD FENCE CORNER POST = PLAT/DEED CALLS = BEARING BASIS = ASPHALT SURFACE = LIGHT POLE = GUY WIRE = ELECTRIC VAULT = ELECTRIC TRANSFORMER = WATER METER = WATER VALVE = FIRE HYDRANT = WATER MANHOLE = BURIED PIPELINE MARKER = GAS METER = GAS VALVE/TEST STATION = GAS WELL HEAD = PROPANE TANK = SEPTIC CLEANOUT = SEPTIC LID = SANITARY SEWER MANHOLE = STORM DRAIN MANHOLE = SIGN = FLAGPOLE = MAILBOX = ABSTRACT CORNER (LP) (GUY) (VLT) (TRAN) (WM) (WV) (FH) (WMH) (BPM) (GM) (GV/TS) (WH) (PT) (C/O) (SEPT) (SSMH) (SDMH) (SIGN) (FP) (MB) POB R.O.W. D.E. E.E. U.E. W.E. P.U.E. B.L. A.E. F.L.E. S.W.E. IRF CIRF CIRS PKF PKS S.S.E. = POINT OF BEGINNING = RIGHT-OF-WAY = DRAINAGE EASEMENT = ELECTRIC EASEMENT = UTILITY EASEMENT = WATER EASEMENT = PUBLIC UTILITY EASEMENT = BUILDING/SETBACK LINE = ACCESS EASEMENT = FIRELANE EASEMENT = SIDEWALK EASEMENT = IRON ROD FOUND = CAPPED IRON ROD FOUND = CAPPED IRON ROD SET = PK NAIL FOUND = PK NAIL SET = SANITARY SEWER EASEMENT = CONCRETE SURFACE = GRAVEL SURFACE EASEMENT LINES = DEED/LOT LINES = FENCE LINES = ADJOINER LINES = XX WATER LINE = SEWER LINE = GAS LINE = OVERHEAD UTILITY = ASPHALT ROAD = OHU ELECTRIC LINE = COMMUNICATIONS LINE =UC UC LINETYPE LEGEND PROPERTY LINE = GRAVEL ROAD = GAS GAS SURVEYOR J.E. THOMPSON II ALL AMERICAN SURVEYING 111 N. DIXON ST. GAINESVILLE, TX 76240 PH. 940-665-9105 OWNER M & G SANGER REAL ESTATE 4320 N INTERSTATE 35 GAINESVILLE, TX 76240 (972) 338-0344 GENERAL NOTES 1. FLOOD STATEMENT: I HAVE EXAMINED THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR DENTON COUNTY, TEXAS, COMMUNITY NUMBER 48121, EFFECTIVE DATE 04/18/11 AND THAT MAP INDICATES THAT THIS PROPERTY IS WITHIN "NON-SHADED ZONE X" DEFINED AS "AREAS DETERMINED TO BE OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAIN" AS SHOWN IN PANEL 0210 G OF SAID MAP. THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. 2.THIS PROPERTY IS WITHIN THE CITY OF SANGER. 3.COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD 83, NORTH CENTRAL TEXAS, ZONE 4202 AND G.P.S. OBSERVATIONS (GRID). 4.THIS PROPERTY IS NOT LOCATED IN THE LAKE RAY ROBERTS PLANNING AND ZONING JURISDICTION. 5.ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT FREE OF FENCES, BUILDINGS, FOUNDATION, PLANTINGS AND OTHER OBSTRUCTIONS TO THE OPERATIONS AND MAINTENANCE OF THE DRAINAGE FACILITY. 6.BLOCKING THE FLOW OF WATER OR CONSTRUCTING IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE FLOODWAY IS PROHIBITED. 7.THE EXISTING CREEKS OR DRAINAGE CHANNELS TRAVERSING ALONG OR ACROSS THE PROPERTY WILL REMAIN AS OPEN CHANNELS AND WILL BE MAINTAINED BY THE INDIVIDUAL PROPERTY OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE COURSES ALONG OR ACROSS THE LOTS. 8.ELEVATION OF BENCHMARK IS BASED ON N.A.V.D. 88 VERTICAL DATUM. 9.THIS PROPERTY MAY BE SUBJECT TO CHANGES RELATED TO IMPACT FEES AND THE APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 10.NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 11.THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS, IF ANY, ON THIS PROPERTY. 12.A DRIVEWAY CULVERT PERMIT MUST BE OBTAINED FROM CITY OF SANGER ROAD AND BRIDGE DEPARTMENT BY THE OWNER OF EACH LOT PRIOR TO THE CONSTRUCTION, INSTALLATION, OR PLACEMENT OF ANY DRIVEWAY ACCESS IMPROVEMENTS WITHIN THE DEDICATED RIGHT-OF-WAY. 13.NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM CITY OF SANGER SHALL BE ALLOWED WITHIN AN IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN ONLY AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT INCLUDING ENGINEERING PLANS AND STUDIES SHOW THAT NO RISE IN THE BASE FLOOD ELEVATION (BFE) WILL RESULT, THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO FEET ABOVE THE 100-YEAR FLOOD ELEVATION. 14.ALL PUBLIC IMPROVEMENTS AND DEDICATIONS SHALL BE FREE AND CLEAR OF ALL DEBT, LIENS, AND /OR ENCUMBRANCES . 15.ALL LOT CORNER SET WITH 1/2 INCH REBAR WITH PLASTIC CAP LABELED RPLS #4857. 16.CONSTRUCTION NOT COMPLETE WITHIN TWO YEARS OF THE COMMISSIONERS COURT APPROVAL SHALL BE SUBJECT TO TO CURRENT COUNTY SUBDIVISION RULES AND REGULATIONS. 17.THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN ARE DEDICATED FOR THE PUBLIC USE FOREVER FOR THE PURPOSES INDICATED ON THE PLAT. 18.NO BUILDING, FENCES , TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTH SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS EASEMENTS APPROVED BY THE CITY OF SANGER. 19.THE CITY OF SANGER IS NOT RESPONSIBLE FOR REPLACING ANY IMPROVEMENTS IN, UNDER, OR OVER ANY EASEMENTS CAUSED BY MAINTENANCE OR REPAIR. 20.UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENTS LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY THE PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLICS AND THE CITY OF SANGER'S USE THEREOF. 21.THE CITY OF SANGER AND THE PUBLIC UTILITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDING, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAS ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN THE EASEMENTS. 22.THE CITY OF SANGER AND PUBLIC UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING READING METERS AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE. 23.ALL MODIFICATIONS TO THIS DOCUMENT SHALL BE BY MEANS OF THE PLAT AND APPROVED BY THE CITY OF SANGER. 24.ALL LOTS COMPLY WITH THE MINIMUM SIZE REQUIREMENTS OF ZONING DISTRICT. 25.THIS PROPERTY MAY BE SUBJECT TO CHARGES RELATED TO IMPACT FEES AND APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 26.THE PURPOSE OF THIS PLAT IS TO CREATE ONE COMMERCIAL LOT. APPROVED AND ACCEPTED ______________________________________________ MAYOR, CITY OF SANGER DATE ATTESTED BY: _______________________________________________ CITY SECRETARY, CITY OF SANGER DATE APPROVED BY THE PLANNING & ZONING COMMISSION ON THIS THE __________ DAY OF ____________, 20______ ___________________________________________________ CHAIRPERSON, PLANNING & ZONING COMMISSION ___________________________________________________ CITY SECRETARY OWNERS DEDICATION: WHEREAS M & G SANGER REAL ESTATE LLC IS THE OWNER OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUTATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT NUMBER 1241, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 10.42 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO M & G SANGER REAL ESTATE LLC AS RECORDED IN DOCUMENT NUMBER 2019-27076 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE TRACT BEING DESCRIBED HEREIN, AT A CAPPED IRON ROD SET FOR CORNER AT THE NORTHWEST CORNER OF A CALLED 0.4735 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO THE STATE OF TEXAS AS RECORDED IN DOCUMENT NUMBER 138071 OF SAID REAL PROPERTY RECORDS, IN THE SOUTH LINE OF A CALLED 5.507 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DORWIN LEE SARGENT JR. AS RECORDED IN VOLUME 1412, PAGE 383 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY TEXAS AND IN THE WEST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35; THENCE WITH THE WEST LINE OF SAID 0.4735 ACRE TRACT, ALONG SAID WEST RIGHT OF WAY LINE FOR THE FOLLOWING THREE (3) CALLS AND DISTANCES: SOUTH 00 DEGREES 39 MINUTES 26 SECONDS WEST A DISTANCE OF 184.41 FEET TO A CAPPED IRON ROD SET FOR CORNER; SOUTH 10 DEGREES 32 MINUTES 59 SECONDS WEST A DISTANCE OF 101.42 FEET TO A PK NAIL FOUND FOR CORNER; SOUTH 01 DEGREES 22 MINUTES 10 SECONDS WEST A DISTANCE OF 89.48 FEET TO A CAPPED IRON ROD FOUND LABELED TXDOT FOR THE SOUTHEAST CORNER HEREIN AND IN THE NORTH LINE OF A CALLED 30.96 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO HOLT TEXAS LTD AS RECORDED IN DOCUMENT NUMBER 2013-71958 OF SAID REAL PROPERTY RECORDS; THENCE NORTH 88 DEGREES 19 MINUTES 03 SECONDS WEST WITH THE SOUTH LINE OF SAID 10.42 ACRE TRACT AND THE NORTH LINE OF SAID 30.96 ACRE TRACT A DISTANCE OF 1166.72 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID 30.96 ACRE TRACT AND IN THE EAST LINE OF A CALLED 50 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO PAC GROUP LTD. AS RECORDED IN DOCUMENT NUMBER 2001-071869 OF SAID REAL PROPERTY RECORDS; THENCE NORTH 01 DEGREES 03 MINUTES 36 SECONDS EAST WITH THE EAST LINE OF SAID 50 ACRE TRACT A DISTANCE OF 361.40 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID 50 ACRE TRACT AND THE SOUTHWEST CORNER OF A 2.501 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DANIEL R. WOLFE AND BRIANNA L. WOLFE AS RECORDED IN DOCUMENT NUMBER 2021-21494 OF SAID REAL PROPERTY RECORDS; THENCE SOUTH 88 DEGREES 55 MINUTES 36 SECONDS EAST A DISTANCE OF 1182.52 FEET TO THE PLACE OF BEGINNING AND CONTAINING 9.936 ACRES OF LAND, MORE OR LESS. NOW, THEREFORE , KNOW ALL PERSONS BY THESE PRESENTS: THAT M & G SANGER REAL ESTATE LLC., THROUGH ITS DUALLY SWORN REPRESENTATIVE, GLENN POLK, DOES HEREBY ADOPT THIS MINOR PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS SANGER GLENN POLK ADDITION, AN ADDITION TO CITY OF SANGER, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER BY FEE SIMPLE TITLE, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, ALL STREETS, THOROUGHFARES, ALLEYS, FIRE LANES, DRIVE AISLES, PARKS, AND WATERCOURSES, AND TO THE PUBLIC USE FOREVER EASEMENTS FOR SIDEWALKS, STORM DRAINAGE FACILITIES, UTILITIES AND ANY OTHER PROPERTY NECESSARY TO SERVE THE PLAT AND TO IMPLEMENT THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS AND OTHER CITY CODES AND DO HEREBY BIND OURSELVES, OUR HEIRS, SUCCESSORS AND ASSIGNS TO WARRANT AND TO FOREVER DEFEND THE TITLE ON THE LAND SO DEDICATED. FURTHER, THE UNDERSIGNED COVENANTS AND AGREE THAT HE/SHE SHALL MAINTAIN ALL EASEMENTS AD FACILITIES IN A STATE OF GOOD REPAIR AND FUNCTIONAL AT ALL TIMES IN ACCORDANCE WITH CITY CODES AND REGULATIONS. NO BUILDING, FENCES, TREES SHRUBS, OR OTHER IMPROVEMENTS MAY BE INSTALLED, IF APPROVED BY THE CITY OF SANGER. THE CITY OF SANGER AND PUBLIC UTILITIES SHALL HAVE THE RIGHT TO ACCESS AND MAINTAIN ALL RESPECTIVE EASEMENTS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. WITNESS MY HAND THIS______________DAY OF______________,20_______. _____________________________________________________, M & G SANGER REAL ESTATE LLC. STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED A REPRESENTATIVE OF M & G REAL ESTATE, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2022. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. ____________________________________________________, GLENN POLK (REPRESENTATIVE) STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED GLENN POLK, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2022. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. PRELIMINARY PLAT LOT 1, BLOCK A GLENN POLK ADDITION 9.936 ACRES IN THE H. TIERWESTER SURVEY, ABSTRACT NO. 1241 CITY OF SANGER, DENTON COUNTY, TEXAS 91 Item 13. 92 Item 13. 93 Item 13. EXHIBIT A DATE: 11/29/2022 ENGINEERING PLAT COMMENTS – Final Plat (Glenn Polk Addition) Request is for a Final Plat of the Glenn Polk Addition, being approximately 10.418 acres, prepared by All American Surveying, submitted on 09/14/2022. Below are the comments that should be addressed prior to City Council approval. Resubmit the revised plat along with a response letter addressing all comments. Engineering Denial is recommended for the following reasons:  There appears to be an existing public sanitary sewer line crossing the property. They need to show the existing easement (if it exists) or provide an easement.  There drainage plans state “Detention Area” but do not show how they are detaining and nor do they provide calculations to show the size of detention area needed. They cannot establish an easement until this has been finalized.  The developer has not shown how they are discharging drainage onto adjacent property. They need to show these locations and provide calculations proving they are not causing downstream impacts. They may need to obtain downstream easements. We do not know until the engineering has been approved.  There is an existing waterline on the property but they do not show an easement on their plat. 94 Item 13. CITY COUNCIL COMMUNICATION DATE: November 7, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action on a Preliminary Plat of lots 1-23 and lots 1X and 2X Block A of Palomino Bay Addition, being 54.34 acres, located in the City of Sanger’s ETJ, and generally located on the west side of Jones Road approximately 782 feet north of the intersection of FM 1190 and Jones Road. SUMMARY:  The applicant is proposing to create 23 single family lots and 2 open space lots.  The lots will range in size from 2.0 acres to 2.687 acres.  The applicant is dedicating 0.432 acres of right-of-way for Jones Road.  The development will be a gated community.  Each lot will have a minimum 125 feet of width at the front building line.  The development meets the Lake Ray Roberts Zoning designation of R-2.  The properties will have onsite septic and individual water wells. CoServ will provide the electric.  The property is located in the City of Sanger’s ETJ.  The Planning and Zoning Commission recommended APPROVAL on October 10, 2022. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Preliminary Plat Application Letter of Intent 95 Item 14. Denton County Landmark Map Legend Notes See web site for license constraints. 0 1000 2000 ft This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user.https://gis.dentoncounty.gov 10/4/2022 10:22:36 PM 96 Item 14. 97 Item 14. 98 Item 14. 99 Item 14. 100 Item 14. 101 Item 14. 102 Item 14. 103 Item 14. 104 Item 14. 105 Item 14. 106 Item 14.