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04/21/2008-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, APRIL 21, 2008 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes April 7, 2008 - i�Vork Session April 7, 2008 - City Council b) Disbursements c) Approve Interlocal Cooperation Agreement Between Denton County, Texas, and the City of Sanger, Texas to Donate the Sam Bass Road Bridge to the City of Sanger dj Approve Appointment of James Adams to the Cultural and Educational Facilities Foundation, Gary Bilyeu to 4A Board and Scott Stephens to 411 Board e) Approve Agreement with Texas Department of Transportation far Construction, Maintenance and Operation of Safety Lighting Systems Within Municipalities f) Approve Ordinance #04-18-08 -Adopting the International Fire Code, 2006 Edition and Appendix Chapters B, C and D g) Approve Ordinance #04-19-08 -Adopting the 2006 Editions of the International Building Code, Residential Code, Plumbing Code and Mechanical Code 4. Consider any Items Removed from Consent Agenda. 5. Appointment of Two Members to an Ad Hoc Committee to Review the Sign Ordinance. 6. Conduct First Public Hearing to Consider Proposed Annexation of the Following Properties: A. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56A, BEING 2.012 ACRES IN DENTON COUNTY, TEXAS. (R179677) B. ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 10, BEING 36.86 ACRES IN DENTON COUNTY, TEXAS. {R56265) C. ABSTRACT 801 WM MASON SURVEY, TRACT 32, BEING 42.64 ACRES IN DENTON COUNTY, TEXAS. (R59794) D. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22D, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270616) E. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22E, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (11270617) F. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22F, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270618) G. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22G1 BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R281945) H. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22, BEING 15.357 ACRES IN DENTON COUNTY, TEXAS. (R59825) I. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22A, BEING 4.b25 ACRES IN DENTON COUNTY, TEXAS. (R266027) J. ABSTRACT 1281, S. WILLIAMS SURVEY, TRACT 2A, BEING 15.83 ACRES IN DENTON COUNTY, TEXAS. (R268806) K. ABSTRACT 462, GODDARD SURVEY, TRACTS lA, 5A, 6A, AND 7, BEING 59.936 ACRES IN DENTON COUNTY, TEXAS. (R268819) L. ABSTRACT 462, GODDARD, TRACT 8, BEING 11.71 ACRES IN DENTON COUNTY, TEXAS AND BEING THE RAILROAD RIGHT OF WAY. (R57863) 7. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning Ordinance and the Subdivision Regulations. 8. Consider and Possible Action on Ordinance #04-11-08 - Amendments to Chapter 14, Section 34, of the Comprehensive Zoning Ordinance. (Accessory Building Regulations). 9. Consider and Possible Action on Ordinance 4404-13-08 -Amending Appendix A - "Fee Schedule" in the Code of Ordinances of the City of Sanger. 10. Consider and Possible Action on Ordinance 4404-14-08 -Amending Chapter 14, Article 41, Section 41.1 of the Code of Ordinances of the City of Sanger. (Zoning Board of Adjustment). 11. Conduct Public Hearing to Consider Ordinance #04-15-08 On Being a Zoning Change Request from Agriculture to Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1, Lot 5R1 and 5112. Property is Located on Marion Road. 12. Consider and Possible Action on Ordinance #04-15-08 - Being a Zoning Change Request from Agriculture to Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1, Lot 5R1 and 5112. Property is Located on Marion Road. 13. Conduct Public Hearing to Consider Ordinance #0446-08 - Being a Zoning Change Request from Agriculture (AG) to Industrial 1(I4) on Property Legally Described as Abstract 725 S.F. Lynch Survey, Tract 14A, Being 44.3076 Acres and Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, and Abstract 1066 Jose Ruiz Survey, Tract 12, Being 48.004 Acres, and a Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres Save and Except a 5 Acre Portion to be Zoned Residential, This Property is Located South of Chisam Road, East of Interstate 35 and West of the Railroad Tracks. 14. Consider anal Possible Action Regarding Ordinance #04-16-08 - Being a Zoning Change Request from Agriculture (AG) to Industrial 1(I4) on Property Legally Described as Abstract 725 S.F. Lynch Survey, Tract 14A, Being 44.3076 Acres and Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, and Abstract 1066 Jose Ruiz Survey, Tract 12, Being 48.004 Acres, and a Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres Save and Except a 5 Acre Portion to be Zoned Residential. This Property is Located South of Chisam Road, East of Interstate 35 and West of the Railroad Tracks. 15. Conduct Public Hearing to Consider Ordinance #04-17-OS - Being a Zoning Change Request from Agriculture (AG) to Single Family 7-E (SF-7E) on Property Legally Described as a Five Acre Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres. Property is Located South of Chisam Road and West of the Railroad Tracks. 16. Consider and Possible Action Regarding Ordinance #04-17-08 - Being a Zoning Change Request from Agriculture (AG) to Single Family 7-E (SF4E) on Property Legally Described as a Five Acre Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres. Property is Located South of Chisam Road and West of the Railroad Tracks. 17. Consider and Possible Action on Ordinance #04-20-08 - Amending the Existing Gas Franchise Between the City of Sanger, Texas and Atmos Energy Corporation. 18. Consider and Possible Action Regarding a Preliminary Plat for Chisam Road Estates, Phase One -A Lot 33, Lot 34114, Lot 3411-2 and Lot 35R, Block 1. Property is Located on the Corner of Chisam Road and Interstate 35. 19. Conduct Public Hearing to Consider a Final Plat of Chisam Road Estates Phase One -A Lot 34I� 19 Lot 34R-2 and Lot 35R9 Block 19 Being a Replat of Lots 34 and 359 Block 19 Chisam Road Estates, Phase One -A. Property is Located on the Corner of Chisam Road and Interstate 35. 20. Consider and Possible Action Regarding a Final Plat of Chisam Road Estates Phase One -A Lot 34R-1, Lot 34R-2 and Lot 35R, Block 1, Being a Replat of Lots 34 and 35, Block 1, Chisam Road Estates, Phase One -A. Property is Located on the Corner of Chisam Road and Interstate 35. 21. Information Items: a) City of Sanger Investment Report b) Library Monthly Report 1, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily to the general time• I meetigg is adjourn Rosalie Chavez, City City of Sanger, Texas This notice was removed from by at all times, and said Notice was posted on the following date and at �-, p.m. and shall remain posted until the official �f 1 ulletin board.=dn at t"ti4 This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45877930 for further information. 1VIINUTES: City Council Meeting Workshop April 7, 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Andy Garza, Councilman Thomas Muir and Councilman Mike Walker MEMBERS ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez 1. Call Meeting to Order. Mayor Joe Higgs called meeting to order at 6:07 p.m. City Manager advised Council on some informative items that did not get included in the regular council packet. He discussed a memo that was given to the department supervisors discussing the budget, his concerns with fuel cost and the impact the economy will have in next year's budget. The other item was the letter received from Cynthia White concerning their preparation of issuance of bonds for road improvements. In visiting with their office, the County feels that the road that would have the heaviest regional impact in our area is F.M. 455. We are asking for the County to consider a four -lane from F.M. 455 from Metz Road to Marion Road. The City is also asking as a secondary project for the County to widen Indian Lane from 455 on down to McReynolds. Discussion followed. City Manager continued with discussion concerning an explanation received from Mike Prater regarding Brazos' increase on the transmission rate. The increase of 14 42 only applies to a small portion of their rate. The monies will go back into a Capital fund to offset their cost on new transmission lines. The total increase once it is calculated is about 1.75%. The rate is reflected on the billing statement we get from Brazos. An explanation was given using March's invoice from Brazos and the increase on that bill would be $415.00. 2. Discussion on Sex Offender Ordinance. City Manager reviewed the distance requirement in the map. The ordinance does not make anyone move that is currently living in the area and it only applies if the victim was less than 17 years of age. A thorough review was given concerning the ordinance. The City currently has nine registered sex offenders in the City. Sex offenders do have to register as part of their parole process. Councilman Muir had an inquiry concerning the TML Legislative update regarding (The City of Commerce) sex offender residence ordinance that was challenged in Federal District Court. Their ordinance referenced a sex offender may not loiter within 300 ft. He indicated if this language can possibly be legally added to our ordinance. City Manager indicated that he will check the legality of adding the wording to the ordinance. Councilman Muir discussed the sexually oriented business that is in town. He is concerned since there is already one business and asked if a distance of 1,000 ft. can be a requirement from Interstate 35 for any business of this kind. City Manager advised in a recent seminar that he attended concerning zoning, he asked the question concerning the distance requirement. He was advised that cities can't require the 1,000 ft, from the interstate. These type businesses are to be regulated by our zoning ordinance. Discussion concerning the impact these type businesses have in our community and the need to have the appropriate zoning to regulate them. 3. Discussion on Fee Schedule. City Manager discussed in detail the fee schedule. The Council discussed the dangerous dog impound fees and agreed the first time offense should be raised and the second offense should be higher. The building construction fees were all raised and a set fee of a $35.00 minimum fee is added for any permit. The schedule will go up from that point. City Manager asked Council to review the schedule and the fees and to let him know if they had any questions or concerns. The revisions will be more user friendly. He continued with the electrical, plumbing and mechanical licenses and the changes were to comply with the State regulations. The changes to the fire sprinkler and alarm systems are new areas that were not included and have been added with the new language and corrections. Discussion concerning fire sprinkler systems and fire alarm system were basically for commercial businesses. City Manager again reviewed the proposed changes that were discussed at the last meeting regarding business related fees, utility related fees, service connections, deposits, and miscellaneous fees. Lengthy discussion followed. Council discussed certain institutions that should be exempt from the Itinerant Merchants permitting process. The City Manager to be the authoritative representative to grant the exemptions. An issue that Council expressed concerns with the changes in the multi -unit commercial billing. City Manager will continue to evaluate and determine the method that is more feasible for the City regarding multi -units for commercial. City Manager advised Council he will try to get a final draft to them before the next meeting. 4. Discussion on Sign Ordinance. City Manager provided some ordinances from Frisco, McKinney and Denton. tax an item that is more of a policy issue. He would like a couple of people from the Council and a couple of people from the Planning and Zoning to become a sub- committee to review and make their recommendations. This is important as the City continues to grow. Mayor Higgs indicated the Council had already made changes to the sign ordinance. Brief discussion on the time frame this was done. City Manager advised the sign ordinance has some areas that need to be addressed and clarified. Councilman Garza expressed concerns that Council is accepting variances for any new business that comes to Sanger and the ordinance is not followed. We need to follow the ordinance and be consistent. Discussion concerning the latest request for the sign variance from O'Reilly's and the importance of consistency. City Manager indicated that the new ordinance is going to be either more restrictive or less restrictive than people want. He would like for Council to consider whom they would like to appoint to the Committee and he will have this on the next agenda. 5. Questions from the Council. 6. Overview of Items on Regular Agenda. 7. Adjournment. Mayor Higgs adjourned the meeting. MINUTES: City Council Meeting April 7, 2008 PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir MEMBERS ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Russell & Barbara Martin, Jackie Echols, Janan & Jim Bob Kline, Richard Hale, Lisa Kish, Stephanie Grant, Christopher Jones, Katherine Raum and Jake Swaim 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, Councilman Garza led the invocation which was followed by Councilman Muir leading the Pledge of Alligance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes March 17, 2008 -Work Session all 17, 2008 -City Council b) Disbursements c) Approve Removal of a Member from the 4B Board d) Approve Final Payment and Acceptance for the Completion of Indian Springs CIP Phase I e) Approve Award of the Construction Contract for the Marion Water Line Improvements to H2M Utilities Contractors f) Approve Award of the Construction Contract for the Sanger Streetscape Improvements to Reliable Paving Inc. g) Approve 4B Board Expenditure for Ballpark Improvements h) Reject all Bids Received for the Presbyterian Church Renovation Project i) Approve Second Amendment to Inducement and Development Agreement Between the City of Sanger and Wal-Mart Store East, Inc. Regarding Funding for Improvements to Lois Road Councilman Garza expressed a concern in the manner the Council is adopting the Consent Agenda. The items are adopted without discussion and he would like to see item (c) thru (1) pulled to allow Council an opportunity to discuss them. City Manager advised that the Mayor needed to read them individually and each item had to be voted separately. Councilman Muir indicated he had one change to the March 17, 2008 meeting, page 7, Item 8, 41 paragraph, to replace the word "everything" to "signage". Motion was made by Councilman Muir to adopt a) and b) under the Consent Agenda as corrected. Motion carried unanimously. c) Motion was made by Councilman Patton to remove Lyndall Mitchell from the 411 Board. Seconded by Councilman Garza. Motion carried. d) Motion was made by Councilman Muir to approve the Final Payment of $35,707.55 for the Completion of Indian Springs Phase I. Seconded by Councilman Walker. Motion carried unanimously. e) City Manager advised the City received 12 bids and H2M was the low bid at $164,419.00 for the Marion Water Line Improvements. They are a competent contractor and their references were checked. All the companies that submitted bids were bonded. The monies to pay for this project will be utilized from Water Capital Reserve Funds. Motion was made by Councilman Walker to award the bid to H2M for construction for Marion Water Line Improvements. Seconded by Councilman Patton. Motion carried unanimously. f) City Manager advised there were three bids received on this project. The low bidder was Reliable Paving in the amount of $347,793.50. The 4B Board has approved the expense of the project. This does not include the light poles and benches that the City will be installing. He will address the 4B Board at a later date with a request for funding. The estimated cost will be between $25,000 to $35,000. Brief discussion concerning the contractor and the amount of the bid. Councilman Muir made a motion to award the bid to Reliable Paving Inc., for the Sanger Streetscape Improvements. Seconded by Councilman Walker. Motion carried unanimously. g) City Manager advised that the 4B Board approved two of the items requested which included scoreboards and temporary fencing for a total of $22,000.00. The main reason for the improvement is to be able to host tournaments. Motion was made by Councilman Patton to approve the 4B Board expenditure for ballpark improvements. Seconded by Councilman Garza. Motion carried unanimously. h) City Manager advised that 4B Board declined to fund the renovations to the Presbyterian Church due to the cost for the project. He is in the process of looking into possibilities for grants from private foundations. Motion was made by Councilman Walker to reject all bids for the Presbyterian Church Renovation Project. Seconded Councilman Garza. Motion carried unanimously. Councilman Walker requested the building be secured to keep it from getting damaged. i) City Manager advised the agreement is between Wal-Mart, the County and TX - DOT. In the original agreement Wal-Mart agreed to pay some of this cost. The City was part of the original agreement and has to also approve the agreement. There is no monetary cost for the City regarding Lois Road. The City as part of the agreement is still responsible at some future date for the installation of water and sewer lines to that property. Discussion concerning the project. Motion was made by Councilman Walker to accept and approve the Second Amendment to the Inducement and Development Agreement between the City of Sanger and Wal-Mart Store East, Inc., as indicated. Seconded by Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 5. Conduct Second Public Hearing on Re -Adopting and Continuing Curfew Ordinance #03-07-08. City Manager advised that State Law requires two hearings on this ordinance. Mayor declared public hearing open. No one spoke for or against. Mayor declared public hearing closed. 6. Consider and Possible Action on Re -Adopting and Continuing Curfew Ordinance #03- 07-08. Motion was made by Councilman Patton to Re -Adopt and Continue Curfew Ordinance #03-07-08. Seconded by Councilman Muir. Motion carried unanimously. CAPTION AS FOLLOWS: ORDINANCE 03-07-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONTINUING IN EFFECT CHAPTER 8, "OFFENSES AND NUISANCES" ARTICLE 8.600, SECTIONS 8.601 THROUGH 8.605, THE JUVENILE CURFEW ORDINANCE OF THE CITY OF SANGER; PROVIDING FOR THE REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AND EVERY THIRD YEAR THEREAFTER, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, 7. Consider and Possible Action on Ordinance #04-08-08 - Making it Unlawful for Certain Sex Offenders to Reside Within 2000 Feet of Premises Where Children Gather. City Manager advised this ordinance has been passed by a couple of other cities in the North Texas Metroplex. He continued with a summary of the contents of the ordinance. A sex offender can't reside within 2,000 ft. of a place where children gather to include; public parks, schools, public or semi -private pools, public or semi -private playgrounds. The ordinance only applies to sex offenders where the victim was under 17 years old. It does not apply to someone who already has a residence in Sanger. If the sex offender moves then at that time the 2,000 ft. restriction applies. It does not apply to a juvenile who has been convicted as a sex offender and living with their parents. City Manager presented a map to the public that outlined the 2,000 ft. perimeter. Council discussed the other issue raised in the workshop with some wording regarding loitering. The City Manager is to check on the legality of the wording and it will be incorporated into the ordinance and amended. There were some citizens in attendance who addressed Council concerning this issue. Ms. Janan Kline, 907 Elm, expressed her support to the Council in consideration of adoption of this ordinance. She advised there are two sex offenders who reside in the location of where she lives. There is one sex offender who continually exposes himself. Ms. Kline expressed her frustration with the situation. She has a concern for the children in the neighborhood. Jacki Echols, 903 Elm Street, addressed the Council with the same concerns and for consideration for the adoption of this ordinance. She informed Council of an incident where this sex offender has exposed himself to her and family members. Discussion concerning the adoption of this ordinance and the requirements concerning a sex offender who is on probation. Concerns were expressed by the citizens who were in attendance. Jim Bob Kline resides at 907 Elm, emphasized Sanger needs an ordinance that makes it difficult for these offenders to reside in Sanger. Councilman Patton made the motion to adopt Ordinance 04-09-08 making it unlawful for sex offenders to reside within 2,000 ft of premises where children gather. Seconded by Councilman Garza. Motion carried unanimously. CAPTION AS FOLLOWS: CHID I 1-7 ►`/�►(_ ; 1 I : 1: AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADDING ARTICLE 8.900 OF THE SANGER CITY CODE MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN GATHER; MAKING IT UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE TO CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN VIOLATION OF THIS ORDINANCE; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER THESE PROVISIONS; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 8. Conduct Public Hearing on Ordinance #04-09-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on Property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. Mayor declared public hearing opened. Stephanie Grant was in attendance in the meeting to address any questions and concerns Council may have regarding this request. City Manager advised this item has been approved by the Planning and Zoning Commission. Mayor declared public hearing closed. 9. Consider and Possible Action on Ordinance #04-09-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on Property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. Motion was made by Councilman Muir to adopt Ordinance #04-09-08 as presented. Seconded by Councilman Walker. Motion carried unanimously. CAPTION AS FOLLOWS: 1 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RETAIL SALES ON A TRACT OF LAND PARTICULARLY DESCRIBED AS PATE ADDITION, LOT 3, PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 10. Conduct Public Hearing on Ordinance #04-10-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (I4) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8t' Street. Mayor declared public hearing opened. Discussed that this property is located behind the Sonic. Mayor declared public hearing closed. 11. Consider and Possible Action on Ordinance #04-10-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (I-1) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8' Street. City Manager advised this will be a T-shirt business and this was approved by Planning and Zoning Commission. Motion was made by Councilman Pattion to adopt Ordinance #04-10.08 as presented. Seconded by Councilman Walker. Motion carried unanimously. CAPTION AS FOLLOWS: ORDINANCE N0.04-10-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RETAIL SALES ON A TRACT OF LAND PARTICULARLY DESCRIBED AS PATE ADDITION, LOT 3; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 12. Conduct Public Hearing on a Replat of Lot 1, Block A, Gaffke Replat Being a Replat of Lots 1-8, Block 1, Lots 14, Original Town Site of Sanger. Mayor declared public hearing opened. Discussed that the owner is trying to replat all this property into one lot. Mayor declared public hearing closed. 13. Consider and Possible Action Regarding a Replat of Lot 1, Block A, Gaffke Replat Being a Replat of Lots 1-8, Block 1, Lots 14, Original Town Site of Sanger. Motion was made by Councilman Garza to approve the Replat as presented. Seconded by Councilman Walker. Motion carried unanimously. 14. Information Items: a) Monthly Financial Statement as of March 31, 2008 b) New City Hall Expense Summary c) Resignation Letter from 4B Board Member d) Letter from Citizen Regarding Recycling e) Notice of Rate Change Request from Brazos Electric Power Cooperative, Inc. fj Legislative Update 15. Adjournment. Mayor adjourned the meeting. 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND PAGE: 1 DEPARTMENT: N/A NON -DEPARTMENTAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ------------------------ ------------------------------------------------- --------------------- -------------------------------------- 9: `..00 AMERICAN MUNICIPAL SERV I-200804100722 001-00-4645 MUNICIPAL SER WARRANT COLLECTION 000000 896.62 DEPARTMENT NON -DEPARTMENTAL TOTAL: 896.62 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 MAYOR & CITY COUNCIL BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME --------------------------------------------------------------------------- DESCRIPTION PAGE: 2 BANK: SB99 CHECK# AMOUNT --------------------- 9>60 DISCOUNT TROPHIES I-200804110735 001-10-5210 OFFICE SUPPLI NAME PLATES 000000 DEPARTMENT 10 MAYOR & CITY COUNCIL TOTAL: 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR --..,....._------- NAME ITEM # -------------------------- G/L ACCOUNT NAME ---------------------------------------------------------------------------- DESCRIPTION CHECK# ------------------ AMOUNT 9 70 REINERT PAPER & CHEMICA I-21647 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.65 99-02300 SANGER COURIER: LEMONS I-9882 001-15-5230 ADVERTISING LEGAL ADS 000000 270.00 99-08770 CPI OFFICE PRODUCTS I-1963139-0 001-15-5210 OFFICE SUPPLI HANGING FOLDERS 000000 10.83 ------------------------------------ -------------...... ------------------------------------------- DEPARTMENT 15 ADMINISTRATION -------....... TOTAL: --------.......----- 288.48 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ------------------------------------------------------------------ PAGE : 4 BANK: SB99 CHECK# AMOUNT --------------------- 9ii 'l+90 COUNTY BUILDERS SUPPLY, I-10020130 001-18-5210 OFFICE SUPPLI WOOD GLUE 000000 0.58 99-02170 REINERT PAPER & CHEMICA I-21647 001-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.65 DEPARTMENT 18 ENGINEERING TOTAL: 8.23 ----------------------------------------------------------- --...... --------------------------- --------------- ----------------------- DESCRIPTION 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ---.._.-------------------------------------------------------------------------------------------------------------------------------- 9i 70 REINERT PAPER & CHEMICA I-21647 001-20-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.30 99-14900 DENTON MUNICIPAL ELECTR I-200804100721 001-20-5311 R & M EQUIPME 5 MTS 2000 BATTERIES 000000 250.00 ------------------............... --------------------------------------------------------- DEPARTMENT 20 POLICE -------------------- TOTAL: -------------......... 265.30 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9i ',70 ANIMAL HOSPITAL ON MILA I-200804100723 001-22-5248 DOG POUND EXP POUND SERVICE 000000 309.00 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 309.00 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION -- ---------- ---------------------- 9 20 CASCO INDUSTERIES, INC. I-052209 001-24-5220 POSTAGE SHIPPING I-052209 001-24-5260 SAFETY EQUIPM ADAPTORS 6" I-052209 001-24-5260 SAFETY EQUIPM ADAPTORS 5" I-052478 001-24-5260 SAFETY EQUIPM FITTINGS 4 TO 4.5 I-052478 001-24-5260 SAFETY EQUIPM FITTINGS 6 TO 4 I-052478 001-24-5260 SAFETY EQUIPM FITTINGS 5 TO 4 PAGE: 7 BANK: SB99 CHECK# 000000 000000 000000 000000 000000 000000 99-00790 COUNTY BUILDERS SUPPLY, I-1218 001-24-5310 R & M BUILDIN DRAIN COCK/EYE BOLT/HOOKS/WASH 000000 99-03560 BRISCOE ALIGNMENT & TIR I-245262 001-24-5325 R & M MOTOR V TIRE REPAIR UNIT R671-24 99-10470 MARTIN APPARATUS I-1219 001-24-5325 R & M MOTOR V REPAIR FIRE PUMP ON E671 99-13B10 FIRE PROGRAMS I-1216 001-24-5235 DUES & REGIST SUPPORT/UPGRADE SOFTWARE 99-15220 RGR REDI-MIX, LP I-3322 001-24-5310 R & M BUILDIN CONCRETE FOR DRIVE I-3322 001-24-5310 R & M BUILDIN FUEL SURCHARGE ONE TRUCK 99-17190 TOMAR ELECTRONICS I-1217 001-24-5325 R & M MOTOR V SIREN I-92187 001-24-5260 SAFETY EQUIPM LIGHT BAR FIRE TRUCK 99-18960 AMERI STEEL I-233808 001-24-5310 R & M BUILDIN 20X29 METAL BUILDING 000000 000000 000000 000000 000000 000000 000000 000000 AMOUNT 14.00 137.00 105.00 90.00 130.00 105.00 5.27 25.00 3,284.90 995.00 757.77 18.73 133.49 133.49 6,133.56 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 12,068.21 ----------------------------------------------------------------- 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ---._----------------------------------------------------------------------- DESCRIPTION 9(( 'i:'40 SCHAD & PULTE I-1215 001-25-5440 MEDICAL SERVI CYLINDER LEASE DEPARTMENT 25 AMBULANCE PAGE: 8 BANK: SB99 CHECK# AMOUNT --------------------- --------------------- 000000 12.00 TOTAL: 12.00 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 9j ':`20 DENTON COUNTY S.O. 1-200804110734 001-26-5379 JAIL FEES LAYOUT FEES 99-02170 REINERT PAPER & CHEMICA I-21647 001-26-5245 BLD.& JANITOR CLEANING SUPPLIES 99-14220 ARLENE PEREZ I-200804100729 001-26-5420 CONTRACTUAL S COURT INTERPRETTER DEPARTMENT 26 MUNICIPAL COURT PAGE: 9 CHECK# AMOUNT 000000 60.00 000000 15.30 000000 100.00 TOTAL: ------------------------ 175.30 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01415 CC PACKET 04/21/O8 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9 70 REINERT PAPER & CHEMICA I-21647 001-28-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.30 DEPARTMENT 28 ENFORCEMENT/INSPECTION TOTAL: 15.30 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME -------------------------------------------------------------------------- DESCRIPTION PAGE: 11 BANK: SB99 CHECK# AMOUNT ------------------- -- 9I ';90 COUNTY BUILDERS SUPPLY, I-10019688 001-30-5250 MINOR TOOLS CONCRETE/SHOVELS 000000 25.97 I -SEVERAL 001-30-5260 SAFETY EQUIPM OPEN PO WEEK 3/20-3/28 000000 382.35 99-01300 JAGOE-PUBLIC CO., INC. I-803051 001-30-5370 STREETS ASPHALT 000000 889.95 99-02170 REINERT PAPER & CHEMICA I-21647 001-30-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.30 99-13530 MARCO CHEMICALS, INC. I-37545 001-30-5370 STREETS ANTI SHOCK COMPOUND 000000 150.00 I-37545 001-30-5370 STREETS FREIGHT 000000 28.00 DEPARTMENT 30 STREETS TOTAL: 11491.57 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION ------------- CHECK# AMOUNT ------------------------------------------------------------------------------------------------------------------------------- 9150 CONLEY SAND & GRAVEL ------------------------------------ I-8122 001-32-5343 BALL FIELD MA 20 YRD REDBALL CLAY 000000 1,100.00 99-02170 REINERT PAPER & CHEMICA I-21647 001-32-5245 JANITORIAL SU CLEANING SUPPLIES 000000 15.22 99-03340 GENE GOHLKE I-11169 001-32-5343 BALL FIELD MA FIELD MARKING CHALK 000000 214.65 99-15820 KRAFTSMAN PLAYGROUND & I-032405 001-32-5260 SAFETY EQUIPM BUBBLE PANAL 000000 499.00 I-032405 001-32-5260 SAFETY EQUIPM SHIPPING CHARGE 000000 150.00 99-18930 TUPOS I-275755 001-32-5255 WEARING APPAR WORK CAPS 000000 144.00 DEPARTMENT 32 PARKS TOTAL: 21122.87 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 VEHICLE MAINTENANCE BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 9'i '.70 CPI OFFICE PRODUCTS I-1963139-0 001-36-5210 OFFICE SUPPLI INK 99-11480 EQUI SERV I-10736082 001-36-5360 REPAIR & MAIN TURNTABLE CYLINDERS TIRES DEPARTMENT 36 VEHICLE MAINTENANCE PAGE: 13 BANK: SB99 CHECK# AMOUNT --------------------- 000000 56.78 000000 298.00 TOTAL: 354.78 4/11/2008 5:03 PM PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9. '.90 COUNTY BUILDERS SUPPLY, I-10020068 001-40-5310 R & M BUILDIN LIGHT BULBS 000000 8.67 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 8.67 ----------------------------------------------------------------------------------------------------------------------------------- 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB —CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ---.._.... ------------------ ------------........ ------------------ DESCRIPTION 9', '':.50 VICTORIA ELIESON I-200804100724 001-42-5215 FOOD REIMB FOR DCLAB 99-03490 H.W. WILSON CO. I-200804110733 001-42-5225 MAGAZINES & S SUB. TO ABRIDGE READERS 99-06040 DAVIDSON TITLES I-163166 001-42-6050 BOOKS 20 BOOKS 99-10760 BRODART CO I-200804100727 001-42-6050 BOOKS 29 BOOKS I-200804100728 001-42-6050 BOOKS 10 BOOKS I—B32335 001-42-6050 BOOKS BLAZE I—B32335 001-42-6050 BOOKS ECLIPES I—B32335 001-42-6050 BOOKS WORLD W/O END 99-11820 STEWART ORGANIZATION I-200804100725 001-42-5312 R & M OFFICE COPIER CONTRACT 99-12300 NAEIR I—H199729 001-42-5270 PROGRAMS AND SHIPPING SUR CHARGE DEPARTMENT 42 LIBRARY ------------------------------------------------------------------------------------------------------ PAGE: 15 CHECK# AMOUNT 000000 20.08 000000 238.00 000000 92.60 000000 400.75 000000 66.49 000000 13.37 000000 10.69 000000 18.72 000000 38.34 000000 4.64 TOTAL: ----------------------- 903.68 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 COMMUNITY CENTER BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION --:-....._.................... -........................ --------------------------------------- 9-70 REINERT PAPER & CHEMICA I-21647 001-44-5213 BUILDING SUPP CLEANING SUPPLIES DEPARTMENT 44 COMMUNITY CENTER --------------------------------- VENDOR SET 001 GENERAL FUND PAGE: 16 BANK: SB99 CHECK# AMOUNT ----------------- 000000 15.30 TOTAL: 15.30 ----------------------- TOTAL: 181948.31 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: N/A NON -DEPARTMENTAL BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME 9 00 AMERICAN MUNICIPAL SERV I-200804110732 008-00-4140 ELECTRIC INCO BAD DEBT COLLECTION DEPARTMENT NON-DEPARTMENTAL --------------------------------------------------------------------------------------------------- DESCRIPTION PAGE: 17 BANK: SB99 CHECK# AMOUNT --------------------- 000000 249.52 TOTAL: ------------------------- 249.52 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 Mayor and City Council BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 9i 560 DISCOUNT TROPHIES I-200804110735 008-10-5210 OFFICE SUPPLI NAME PLATES 000000 13.00 DEPARTMENT 10 Mayor and City Council TOTAL: 13.00 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR -- ..---------------------------------- NAME ITEM # G/L ACCOUNT NAME --------------------------------------- DESCRIPTION --------------------------------- CHECK# --------------------- AMOUNT 9 5.70 REINERT PAPER & CHEMICA I-21647 008-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.65 99-02300 SANGER COURIER: LEMONS I-9882 008-15-5230 ADVERTISING LEGAL ADS 000000 270.00 99-08770 CPI OFFICE PRODUCTS I-1963139-0 008-15-5210 OFFICE SUPPLI INK/FOLDERS/LABEL TAPE 000000 10.83 -------------.......... ------------------------------ --------------------------------- DEPARTMENT 15 Administration --------........... TOTAL: -------------------------- 288.48 4/11/2008 5:03 PM PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT -- _.----------------------------------------------------- ---------- ----------- ----------------------------------------------------- 9. 'l.70 REINERT PAPER 6 CHEMICA I-21647 008-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 7.65 DEPARTMENT 18 ENGINEERING TOTAL: 7.65 ------------------- ------------------...... ------------------------ ----------------------------------------------------------------- 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BUDGET TO USE: CB -CURRENT BUDGET VENDOR --- ........-------------------- NAME ITEM # -------------------------------------------------------------------------- G/L ACCOUNT NAME DESCRIPTION 9( -'10 DATA BUSINESS FORMS INC I-61446 008-19-5210 OFFICE SUPPLI ADJUSTMENT VOUCHER 99-00790 COUNTY BUILDERS SUPPLY, I-10020130 008-19-5210 OFFICE SUPPLI WOOD GLUE I-10020130 008-19-5210 OFFICE SUPPLI WOOD GLUE 99-08770 CPI OFFICE PRODUCTS I-1963139-0 008-19-5210 OFFICE SUPPLI INK/LABEL TAPE DEPARTMENT 19 Data Processing PAGE: 21 BANK: SB99 CHECK# AMOUNT ------------------ 000000 000000 000000 000000 TOTAL: 144.17 295.88 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 Vehicle Maintenance BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME --........_----------------------------------------.......... PAGE: 22 BANK: SB99 CHECK# AMOUNT ------------- 9' '.'70 CPI OFFICE PRODUCTS I-1963139-0 008-36-5210 OFFICE SUPPLI INK 000000 99-11480 EQUI SERV I-10736082 008-36-5360 REPAIR & MAIN TURNTABLE CYLINDERS 000000 DEPARTMENT 36 Vehicle Maintenance TOTAL: ----------------------------------- ------............... -................ ------------------------------- -----........ 56.78 298.00 359.78 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ---......_---------------------------------------------------------------------- DESCRIPTION PAGE: 23 BANK: SB99 CHECK# AMOUNT --------------------- 9' ')50 CONLEY SAND & GRAVEL I-8076 008-50-5250 MINOR TOOLS 20 YRDS FLEX BASE 000000 99-02170 REINERT PAPER & CHEMICA I-21647 008-50-5245 JANITORIAL SU CLEANING SUPPLIES 000000 DEPARTMENT 50 Water TOTAL: 1,700.00 15.30 1,715.30 4/11/2008 5:03 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01415 CC PACKET 04/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION PAGE: 24 CHECK# AMOUNT 9 70 REINERT PAPER & CHEMICA I-21647 008-58-5245 JANITORIAL SU CLEANING SUPPLIES 000000 99-02300 SANGER COURIER: LEMONS I-9882 008-58-5450 ECONOMIC DEVE LEGAL ADS 000000 99-02450 SOLOMON, CORP. I-52411 008-58-5365 TRANSFORMERS 225KVA 3 PHASE TRANSFORMER 000000 99-02690 TECHLINE, INC. I-1436933-00 008-58-6020 IMPROVEMENTS 45' CLASS STEEL POLE 000000 I-1436933-00 008-58-6020 IMPROVEMENTS SHIPPING FEE 000000 I-33033857-00 008-58-5260 SAFETY EQUIPM FLASH PROOF HOODS 000000 99-04240 MIKE PRATER I-200804110736 008-58-5520 CELLULAR TELE CELL PHONE ALLOWANCE 000000 99-06930 TX ELECTRIC COOPERATIVE I-000877 008-58-5235 DUES & REGIST SAFETY CLASSES 99-08870 NORTHERN TOOL [�I�I�I�PP7 I-17561335 008-58-5250 MINOR TOOLS PLATFORM SCALE 5000LBS CA 000000 I-17561335 008-58-5250 MINOR TOOLS SHIPPING 000000 99-10730 MABAK DIRECTIONAL DRILL I-02381 008-58-5420 CONTRACTUAL S BORE & INSTALL 3" PVC 000000 DEPARTMENT 58 Electric Department TOTAL: VENDOR SET 008 ENTERPRISE FUND TOTAL: REPORT GRAND TOTAL: 55.00 7,650900 1,085000 550.00 175.00 100.00 1,525.00 1,099.99 112.85 11440,00 131808,14 16,732.75 351681.06 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑Executive ❑Public Hearing Reviewed by Legal ❑ Yes ] Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Tami Taber City Manager Reviewed/Approval Initials --��� Date , /�/- 6 j ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Interlocal Cooperation Agreement Between Denton County, Texas, and the City of Sanger, Texas. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM By ratification of this agreement, the City of Sanger will accept the donation of the Sam Bass Road bridge. STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Interlocal agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies:. INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF SANGER, TEXAS THIS AGREEMENT is hereby made, entered into and executed by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "Denton County," and the City of Sanger, Texas, a political subdivision of the State of Texas, hereinafter referred to as "the City of Sanger." Denton County and the City of Sanger are collectively referred to herein as "the Parties." The purpose of this Agreement is for Denton County to donate the locally historic Sam Bass Road Bridge to the City of Sanger in accordance with Texas Local Government Code § 263.152. This Agreement shall be fully executed and enforceable on the date it is signed by both of the Parties. WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the Sam Bass Road Bridge is a locally historic bridge located in Denton County; and WHEREAS, the Sam Bass Road Bridge is no longer needed by Denton County for transportation purposes; and WHEREAS, by ratification of this Agreement, the Denton County Commissioners Court hereby declares that the Sam Bass Road Bridge is surplus property; and WHEREAS, by ratification of this Agreement, Denton County will donate the Sam Bass Road Bridge to the City of Sanger, where the bridge will be used in a city park; and WHEREAS, the City of Sanger shall be responsible for the temporary storage of the Sam Bass Road Bridge until it is moved to its permanent location in the City of Sanger; and WHEREAS, by ratification of this Agreement, the City of Sanger will accept the donation of the Sam Bass Road Bridge and the City of Sanger will provide Denton County with adequate consideration by bearing the cost of all storage, transportation, relocation and refurbishing expenses related to the donation of the Sam Bass Road Bridge to the City of Sanger. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the Parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ICA —City of Sanger —Sam Bass Road Bridge Adoption Page I of 6 W Denton County hereby declares that the locally historic Sam Bass Road Bridge is surplus property and that competitive bidding is not required since the purchaser is a political subdivision located within Denton County. ARTICLE II. Denton County hereby finds that the donation of the Sam Bass Road Bridge to the City of Sanger serves a public purpose. Denton County hereby donates the Sam Bass Road Bridge to the City of Sanger. ARTICLE IV. The City of Sanger hereby accepts the donation of the Sam Bass Road Bridge. ARTICLE V. The City of Sanger hereby accepts all responsibility for the temporary storage of the Sam Bass Road Bridge until it is moved to its permanent location in the City of Sanger. ARTICLE VI. In consideration for the donation of the Sam Bass Road Bridge to the City of Sanger by Denton County, the City of Sanger hereby agrees to bear the cost of all transportation, relocation and refurbishing expenses related to the donation of the Sam Bass Road Bridge to the City of Sanger and Denton County shall have no financial responsibility for those expenses. ARTICLE VII. The Sam Bass Road Bridge shall not be used on a public road as a vehicular traffic facility and a historical marker is required to be placed at the relocation site, referencing the origin of the Sam Bass Road Bridge and its background. ARTICLE VIII. Denton County understands and agrees that Denton County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City of Sanger. Fail OW V Cal 0 The City of Sanger understands and agrees that the City of Sanger, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Denton County. ICA —City of Sanger —Sam Bass Road Bridge Adoption Page 2 of 6 W This Agreement is not intended to extend the liability of the parties beyond that provided for by law. Neither Denton County nor the City of Sanger waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from third parties. This Agreement represents the entire agreement between Denton County and the City of Sanger and this Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral between the Parties. This Agreement may be amended only by written instrument signed by the governing bodies of both Denton County and the City of Sanger or those authorized to sign on behalf of those governing bodies. 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. vim old In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. ARTICLE XIV. The undersigned officer 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 resolutions extending said authority have been duly passed and are now in full force and effect. ARTICLE XV. This Agreement may be terminated in whole or in part by Denton County or the City of Sanger upon thirty (30) days written notice to the other party fo llows: Notices shall be directed as ICA —City of Sanger —Sam Bass Road Bridge Adoption Page 3 of 6 For City of Sanger: Copy to: For Denton County: Copy to: Honorable Joe Higgs City Mayor City of Sanger 201 Bolivar Street Sanger, Texas 76266 Mr. Michael Brice City Manager City of Sanger 201 Bolivar Street Sanger, Texas 76266 Honorable Mary Horn Denton County Judge c/o Courthouse on the Square 110 East Hickory Street Denton, Texas 76201 Denton County District Attorneys Office Civil Division c/o Denton County Courts Building 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 ICA —City of Sanger —Sam Bass Road Bridge Adoption Page 4 of 6 I�11— CI ��KI EXECUTED in triplicate originals this day of , 2008, by Denton County Texas, pursuant to Denton County Commissioners Court Order # By: Honorable Mary Horn Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court ATTEST: sy: Denton County Clerk APPROVED AS TO FORM: sy: Assistant District Attorney CITY OF SANUER, TEXAS EXECUTED in triplicate originals this day of , 2008, by the City of Sanger, pursuant to Sanger City Council Resolution # By: Honorable Joe Higgs Mayor of the City of Sanger, Texas Acting on behalf of and by authority of the City of Sanger City Council ATTEST: By: City Secretary By: City Attorney ICA — City of Sanger —Sam Bass Road Bridge Adoprion Page S of 6 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, and the City of Sanger, Texas, acting by and through their respective governing bodies, having been advised of the donation of the Sam Bass Road Bridge by Denton County to the City of Sanger, and the acceptance of the donation of Sam Bass Road Bridge by the City of Sanger, do hereby approve this Agreement. In consideration for the donation of the Sam Bass Road Bridge to the City of Sanger by Denton County, the City of Sanger, agrees to bear the cost of all storage, transportation, relocation and refurbishing expenses related to the adoption of the Sam Bass Road Bridge by the City of Sanger. The Sam Bass Road Bridge shall not be used on a public road as a vehicular traffic facility and a historical marker is required to be placed at the relocation site, referencing the origin of the Sam Bass Road Bridge and its background. By vote on the date below, the Denton County Commissioners Court and the City Counsel have approved this Agreement, identified above, and authorized execution of this document by each governing body. I III► ICI�[KIIi1►Y-1� ��I M �M:I_�.� EXECUTED in triplicate originals this day of ZUU89 by Denton County Texas, pursuant to Denton County Commissioners Court Order # By: Honorable Mary Horn Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court CITY OF SANGER, TEXAS EXECUTED in triplicate originals this day of , 2UU8, by the City of Sanger, Texas, solution # pursuant to Sanger City Council Re norable Joe By: HoH or of the Ci cting on behal iggs Mayty of Sanger, Texas Af of and by authority of Sanger City Council ICA —City of Sanger —Sam Bass Road Bridge Adoption Page 6 of 6 u�ge�c 'TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes X1 Not Applicable Ej Yes N Not Applicable Council Meeting Date: April 21, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date 4�1i �/ p ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS 9 BOARD APPOINTMENTS AGENDA CAPTION Approve Appointment of Members to the Cultural and Educational Facilities Foundation, 4A and 4B Board. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Email dated 04-07-2008. Prior Action/Review by Council, Boards, Commissions or Other Agencies: From: Mike Brice [mbrice@sangertexas.org) Sent: Monday, April 07, 2008 11:01 AM To: agarza@bcimechanical.com; mwrocky@hotmail. tmuir@ramfa. Cc: 'Taber,TamiI Subject: board appointments I have the following recommendations for board appointments. Please review them and let me know if you have any questions or concerns. If not, they will be on the 4/21 agenda. Cultural and Educational Facilities Foundation —James Adams from First United Bank 4B Board —Scott Stephens from Sanger Bank 4A Board —Gary Bilyeu We still need alternates for planning and zoning if you have any ideas. Mike Brice, City Manager Sanger, Texas (Tami place in pending agenda file) COUNCIL AUENI)A ITEM AGENDA TYPE Regular Special Consent Reviewed by Finance 0 Not Applicable F1 Workshop F] Executive F] Public Hearmg Xeviewed by Legal Not Applicable eo Submitted By* Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED* FJORDINANCE # F RESOLUTION APPROVAL F1 CHANGE ORDER F] AGREEMENT F] APPROVAL OF BID F AWARD OF CONTRACT ■ CONSENSUS OTHER CAPTION Appransportation for Construction Maintenance and OperationAGENDA . -Municipalities. ICI FUND(S) TO BE USED* General n$ utility ■.Special■ BACKGROUND/SUMMARY By entering into the new agreement, the City of Sanger transfers all the maintenance and operation' responsibilities ofthe safety lighting systems within the City to TxDOT. STAFF O• :RD. R-. approval. Letter from .. Agreement April 9, 2008 Control: 195-2 I H 35E: Safety Lighting Systems City of Sanger Denton County Mr. Mike Brice City Manager City of Sanger 201 Bolivar Street Sanger, TX 76266 Dear Mr. Brice: As requested by the City of Sanger, the Texas Department of Transportation (TxDOT) agrees to enter into a new agreement with the City of Sanger to transfer all the maintenance and operation responsibilities of the safety lighting systems within the City to TxDOT. We are forwarding you two (2) copies of the Agreement for the Construction, Maintenance and Operation of Safety Lighting Systems within Municipalities (State Maintains and Contracts for Power) (Blanket Agreement) to be executed by the City of Sanger. Entering into this agreement will void the Agreement for the Construction, Maintenance and Operation of Safety Lighting Systems within Municipalities (State Contracts through City for Maintenance)(Blanket Agreement) between TxDOT and the City of Sanger, dated October 10, 1988. The agreement to be voided stated that the City of Sanger. would maintain the safety lighting systems and be reimbursed by TxDOT for their expenses. The attached agreement states TxDOT will maintain and operate the safety lighting systems at their expense. Please return both signed copies to us for further processing. After both parties have executed this agreement, an original counterpart will be forwarded to you for your records. Feel free to contact Ms. Melanie Young, P.E., 214-320-6229 if needed. Attachments Sincerely, �' .� / �: James K. Selman, P.E. Director of Transportation Operations An Equal Opportunity Employer ,- � COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) (Blanket Agreement) THIS AGREEMENT, dated this day of , 20 , by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of Sanger Denton County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of , 20 , hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, in order to provide a more adequate facility to the traveling public, the construction, maintenance, and operation of certain safety lighting systems is required within the corporate limits of the City. Within the City, said safety lighting system, hereinafter referred to as the "lighting system," is to consist of safety lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct, maintain, and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Section 25.11, Texas Administrative Code and Section 221.002, Texas Transportation Code. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES a. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction, or betterment work as required by;said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the lighting system prior to awarding the contract, said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES, dated .The City -State construction, maintenance, and operation responsibilities shall be as heretofore TRF—TRF_TEA19 Page 1 of 2 SAFETY LIGHTING BLANKET (SM,CP) Revised 9/21 /05 agreed to, accepted, and specified in the Agreement to which these plans are made a part." b. All costs of construction, maintenance, and operation of the. lighting system will be borne by the State, and the lighting system will remain the property of the state. Article 2. GENERAL a. The State's obligation for operation and maintenance of the lighting system shall cease should the route on which it is located be dropped from the State Highway System. b. This Agreement will cease to apply to sections of the lighting system in the event that those sections are removed or become a part of a continuous illumination system. c. This agreement shall remain in force for a period of two years from the date that it is signed by the State, and it is understood by both parties that at the end of the initial two- year period, the Agreement will be automatically renewed for two-year periods thereafter unless modified by mutual agreement of both parties. In the event that the lighting system installed in accordance with this Agreement becomes unnecessary or is removed for any reason, this agreement will terminate. d. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. e. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF BANGER Executed on behalf of the City by: Date Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. MA Date Dallas District Engineer TRF—TRF_TEA19 Page 2 of 2 Revised 9/21/05 SAFETY LIGHTING BLANKET (SM,CP) CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ SpecializConsent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials p. Date G ACTION REQUESTED: ®ORDINANCE #_04-18-08_ ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #044 &08— Adopting the International Fire Code, 2006 Edition, and Appendix Chapters B, C & D. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Currently, the City of Sanger has adopted the 2000 Uniform Fire Code. We use the international Building Code. The International fire Code will be more in line with the building code we are using. NCTCOG has also recommended adoption of the 2006 Edition of the International Fire Code. STAFF OPTIONS & RECOMMENDATION The Fire Chief, Engineer, and Building Inspector have all recommended the International Fire Code. List of Supporting Documents/Exhibits Attached: Ordinance #04-18-08 Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE #04=15mM 362411111 i WF J "IENDED TO READ "INTERNATIONAL FIRE CODE" IN THE CODE OF 1' 1,PROVIDING EPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY PROVIDING O. 1 PROVIDING, DATE.ZFFECTIVE Section 1. That Chapter 5, Article 5.200, of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: There is hereby adopted by the Sanger City Council, Denton County, Texas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, most recent edition, as published by the International Code Council. If a conflict exists in said code with an existing ordinance of the City of Sanger, the more stringent code providing the greatest safety from fire shall prevail. One (1)) copy of such code and standards have been and are now filed in the office of the city secretary of the City of Sanger, Denton County, Texas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provision thereof shall be controlling within the limits of the City of Sanger, Denton County, Texas." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 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. 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 Section 1.109 of this 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 cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the day of A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary ORDINANCE #044&08 t r I I 1. . i 1jujtilw ]I kWNDED TO READ "INTERNATIONAL, DCODE,. 3RDINANCESOF THE CITY , SANGER, PROVIDING r E LZEPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY LAUSE, PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED, AND ADOPTED, this the day of _ A.D., 20089 by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, MayorATTEST: Rosalie Chavez, City Secretary CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE E Regular ❑ Special JZ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Yes 0 Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials �� Date ACTION REQUESTED: ®ORDINANCE #_04-19-08_ ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #04-19-08— Adopting the 2006 Editions of the International Building Code, Residential Code, Plumbing Code, and Mechanical Code. FINANCIAL SUMMARY ❑N/A [']GRANT FUNDS []OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM NCTCOG has recommended adoption of the 2006 Editions of the International construction codes. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Ordinance #04-19-08 Prior Action/Review by Council, Boards, Commissions or Other Agencies: THAT CHAPTER 39 ARTICLE 3.200, "BUILDING CODE", ARTICLE 3.300 "PLUMBING CODE", 3.400 MECHANICAL CODE, AND 3.600 "INTERNATIONAL RESIDENTIAL CODE" ARE HEREBY AMENDED IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Section 1. That Chapter 3, Article 3.200, of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "ARTICLE 3.200 BUILDING CODE Sec.3.201 Adoption The International Building Code, published by the International Code Council, Inc., 2006 Edition, is hereby adopted for the purpose of establishing rules and regulations for the construction, erection, alteration, moving, demolition, repair, use, and occupancy of any building or structure within the city. One (1) copy of said code shall be kept on file in the office of the city secretary. Those portions of said code pertaining to building and construction fees shall be amended to read as set forth in the fee schedule found in the appendix of this code. Sec.3.202 Affiendments (a) The references in the following sections of the 2006 International Building Code to square feet of fire areas are amended to read 6,000 square feet," to wit: §§903.2.L1(1), 903.2.1.3(1), 903.2.1.4(1), 903.2.2(1), 903.2.3(1), 903.2.3(3), 903.2.6(1), 903.2.6(3), 903.2.8(1), 903.2.8(3), 903.2.8.1(1), and 903.2.8.1(2). (b) The reference in section 903.2.8.2 to " 20,000 cubic feet" is amended to read "6,000 cubic feet." Section 2. That Chapter 3, Article 3.300, of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: There is hereby adopted for the purpose of providing minimum requirements and standards for the protection of the public's health, safety and welfare, the International Plumbing Code, 2006 Edition, published by the International Code Council, Inc, and all new editions as they become available. One copy of said code is to be on file in the office of the city secretary. Fees are as set forth in the fee schedule in the appendix of this code. Section J. That Chapter 3, Article 3.400, of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows. There is hereby adopted for the purpose of providing minimum requirements and standards to safeguard life or limb, health, property and public welfare, the International Mechanical Code, 2006 Edition published by the International Code Council, and all new editions as they become available. One (1) copy of said code to be on file in the office of the city secretary. Fees are as set forth in the fee schedule in the appendix of this code. Section 4. That Chapter 3, Article 3.600, of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: (a) The purpose of this article is to provide minimum requirements for residential one and two family dwellings to safeguard life, health and public welfare and the protection of property as it relates to these safeguards by regulating and controlling the design, construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of all buildings or structures and appurtenances thereto. (b) The International Residential Code is dedicated to the development of better building construction and greater safety to the public and uniformity in building laws; to the granting of full justice to all building materials on a fair basis of the true merits of each material; and to development on a sound economic basis or the future growth of our nation through unbiased and equitable dealing with building construction. (c) The International Residential Code, 2006 Edition, is hereby adopted as the building code of the city." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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. 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 Section 1.109 of this 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 cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the day of A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary ORDINANCE #04-19-08 THAT CHAPTER 3, ARTICLE 3.2009 "BUILDING CODE", ARTICLE 3.300 "PLUMBING CODE", 3.400 MECHANICAL CODE, AND 3.600 "INTERNATIONAL RESIDENTIAL CODE" ARE HEREBY AMENDED IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED, AND ADOPTED, this the day of A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, Mayor Rosalie Chavez, City Secretary COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special Ej Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable ❑ Yes Not Applicable Council Meeting Date: April 21, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date f ,5-- d Si ACTION REQUESTED. [']ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Appointment of Two Members to an Ad Hoc Committee to Review the Sign Ordinance. FINANCIAL SUMMARY QN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $' BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Request appointment of two Council members to the committee. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes Z Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date , C) _ CY ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION See Attached FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUNDS TO BE USED: General ❑$ utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The resolution was passed at the March 17, 2008 meeting setting the date of the public hearings. This is the first public hearing for this annexation. STAFF OPTIONS & RECOMMENDATION Approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Council approved Resolution setting date, time and place of public hearings. Conduct Public Hearing on Proposed Annexation of the Following Properties: A. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56A, BEING 2.012 ACRES IN DENTON COUNTY TEXAS. (R179677) B. ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 10, BEING 36.86 ACRES IN DENTON COUNTY TEXAS. (R56265) C. ABSTRACT 801 WM MASON SURVEY, TRACT 32, BEING 42.64 ACRES IN DENTON COUNTY TEXAS. (R59794) D. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22D9 BEING 10.00 ACRES IN DENTON COUNTY TEXAS. (R270616) E. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22E, BEING 10.00 ACRES IN DENTON COUNTY TEXAS. (R270617) F. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22F, BEING 10.00 ACRES IN DENTON COUNTY TEXAS. (R270618) G. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22G, BEING 10.00 ACRES IN DENTON COUNTY TEXAS. (R281945) H. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22, BEING 15.357 ACRES IN DENTON COUNTY TEXAS. (R59825) I. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22A, BEING 4.625 ACRES IN DENTON COUNTY TEXAS. (R266027) J. ABSTRACT 1281, S. WILLIAMS SURVEY, TRACT 2A, BEING 15.83 ACRES IN DENTON COUNTY, TEXAS (R268806) K. ABSTRACT 462, GODDARD SURVEY, TRACTS lA, SA, 6A, AND 79 BEING 59.936 ACRES IN DENTON COUNTY, TEXAS (R268819) L. ABSTRACT 462, GODDARD, TRACT 8, BEING 11.71 ACRES IN DENTON COUNTY TEXAS AND BEING THE RAILROAD RIGHT OF WAY (R57863) CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Yes Z Not Applicable Lj Yes Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz WOMEN City Manager Reviewed/Approval Initials �� Date ACTION REQUESTED: ®ORDINANCE #_04-11-08_ ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Conduct Public Hearing to Consider Amendments to the Comprehensive Zoning Ordinance and the Subdivision Regulations. 2. Consider and Possible Action Regarding Ordinance #0441-08 - Amendments to Chapter 14, Section 34, of the Comprehensive Zoning Ordinance. (Accessory Building Regulations) FINANCIAL SUMMARY ❑N/A [']GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Attached is a copy of the proposed ordinance and a red -lined copy of the changes to the existing ordinance. The original intent of the ordinance was to put some regulations into effect regarding accessory buildings for churches and schools; however, in the review process some regulations were added regarding accessory dwellings as well. STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Proposed ordinance and red -lined copy showing changes Prior Action/Review by Council, Boards, Commissions or Other Agencies: P&Z Approved 04/10/08 unanimously ORDINANCE #04-11-08 THAT CHAPTER 14, SECTION 34 "ACCESSORY BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER.) TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER1) TEXAS: Section 1. That Chapter 14, Section 34 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows. "SECTION 34 ACCESSORY BUILDING REGULATIONS 34.1 In a residential or apartment district, an accessory building is a subordinate building exceeding one hundred twenty (120) square feet of floor area, attached to or detached from the main building. Accessory buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be used for *commercial purposes, shall not be rented and shall not be occupied. A permanent or portable carport is also considered an accessory building. The regulations detailed in Sections 34.4 through 34.6 below shall govern buildings and structures accessory to single-family, two-family and multi -family residential uses, including both those attached to and those detached from the main building. Where multiple accessory structures exist on the same site, the combined sum of all accessory structures shall be used to determine the regulations applicable to size. * Commercial purposes, in this section, shall be defined as the use or occupation of people for a public purpose or economic gain, which includes, but is not limited to retail sales, manufacturing, or service industry that otherwise impacts the normal volume of traffic in the residential area. 34.2 In other districts, an accessory buildingsubordinate building, the use of which is incidental to and used only in conjunction with the main building and attached to or detached from the main building. Accessory buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be accessible to the general public, and shall not be rented, leased or sub -let. A permanent or portable carport is also considered an accessory building. The regulations detailed in Sections 34.4 and 34.6 below shall govern buildings and structures accessory to the main building, including both those attached to and those detached from the main building. 34.3 Accessory dwelling units in the Agriculture and Residential districts shall be allowed as an incidental residential use of a building on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family when approved as a Specific Use Permit, and meet the following standards: A. The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be constructed. B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit. Co The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet. D. Setback requirements shall be the same as for the main structure. 34.4 No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater in height than the main structure. 34.5 Area Regulation for Accessory Buildings In Residential and Apartment Districts: A. Size of Yards: 1. Front Yard: Accessory buildings are not allowed within the required front yard, with the exception of a garage or carport as outlined in subsection 4 below. 2. Side Yard: There shall be a side yard not less than three (3) feet from any side lot line, alley line, or easement line; except that adjacent to a side street, the side yard shall never be less than fifteen (15) feet. 3. Rear Yard: There shall be a rear yard not less than three (3) feet from any lot line, alley line, or easement line. Carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described shall not be located nearer than eight (8) feet to any side lot line. 4. Any garage or carport constructed in a residential or apartment district shall be set back not less than twenty (20) feet from any street or alley line on which it faces. 34.6 Maximum number and size of accessory buildings: A. In agricultural districts accessory buildings shall not exceed 30% of the square footage of the lot. B. In residential districts the number of accessory buildings shall be limited to two and the total square footage of all accessory buildings combined shall be limited to 3000 square feet. In no case shall the gross area of the lot covered exceed the limitations provided under the specific zoning districts. C. In industrial districts the total square footage of all accessory buildings shall not exceed 30% of the square footage of the lot. Warehouses in industrial districts are not considered accessory buildings. D. In districts other than agricultural, Industrial and residential the gross floor area of accessory buildings shall not exceed 30% of the square footage of the main building or 3000 square feet whichever is more. In no case shall the total square footage of all accessory buildings exceed 6000 square feet. In no case shall the area of the lot covered exceed the limitations provided under the specific zoning districts. The total square footage of all accessory buildings shall not exceed the square footage of the main building. E. Churches regardless of the zoning district may have no more than two accessory buildings. The total gross floor area of all accessory buildings shall not exceed 30% of the square footage of the main building or 3000 square feet whichever is more. Accessory buildings utilized by churches may be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted) if approved by the planning and zoning commission and city council. F. Schools regardless of zoning district may utilize accessory buildings only as approved by the planning and zoning commission and city council. Accessory buildings utilized by may be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted) if approved by the planning and zoning commission and city council: ' Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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. 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 Section 1.109 of this 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 cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 21 st day of April A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary THAT CHAPTER 14, SECTION 34 "ACCESSORY BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED, AND ADOPTED, this the 21 st day of April A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary SECTION 34 ACCESSORY BUILDING REGULATIONS 34.1 In a residential or apartment district, an accessory building is a subordinatebuilding exceeding one hundred twenty (120) square feet of floor area, a chid to or detached from the main building. Accessory buildings shall have no sleeping'�reaebathro plumbing (except for hand sinks) or kitchen facilities, shall not be used for *comr terciial pu ose�.shallii t be rented and shall not be occupied. A permanent or portable �rp®rt is also oli�dere an access0 i.,building. The regulations detailed in Sections 34,,4 th ou 34w6���low shall govern b ildin d structures accessory to single family, two- family and multi - fa ily r idenfl I u incltto it those attached to and those detached from the main building. Where ultiple acc so ctures exist on the same site, the combined sum of all accessory structures shall euse determine the regulations applicable to size. * Commercial purposes in this section shall be defined as the use or occupation of people for a public purpose or economic gain which includes but is not limited to retail sales manufacturing, or service industry that otherwise impacts the normal volume of traffic in the residential area. 34.2 In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building and attached to or detached from the main building. Accessory buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be accessible to the general public, and shall not be rented, leased or sub- let. A permanent or portable carport is also considered an accessory building. The regulations detailed in Sections 34,11 and 34,6 below shall govern buildings and structures accessory to the main building, including both those attached to and those detached from the main building. A. The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be constructed. B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit. C. The accessory dwelling unit may not be sold separately from sale of the entire property. including the main dwelling unit, and shall not be sublet. D. Setback requirements shall be the same as for the main structure. 34 4 No accessory building,,shall exceed twenty-five (25) feet in height, nor shall it be greater in height than the main structure. 34,5 Area Regulation for Accessory Buildings In Residential and Apartment Districts: 1. Size of Yards: Formatted: Left: 1", Right: 1" Deleted: Formatted: Not Strikethrough Deleted: 3 Deleted: s Deleted: 11 Formatted: Not Strikethrough Deleted: 3 Deleted: 5 Deleted: 3 Deleted: Deleted: a a. Front Yard: Accessory buildings are not allowed within the required front yard, with the4 Formatted: Indent: Left: o" exception of a garage or carport as outlined in subsection d. below. peleted0 , b. Side Yard: There shall be a side yard not less than three Q) feet from any side lot line, alley line, Deleted: eight or easement line; except that adjacent to aside street, the side yard shall never be less than fifteen (5) _ pelf; $ feet. Deleted: twenty c. Rear Yard: There shall be a rear yard not less than ftee (� feet from any lot line, alley line, or Deleted. 20 - easement line. Carports, garages, or other accessory buildings, located within the rear portion of a lot as Deleted: ten heretofor described shall not be located nearer than eight (8) feet to any side lot line. Deleted: io d. Any garage or carport constructed in a residential or apartment district shall be set back not less than twenty (20) feet from any street or alley line on which it faces. 34. Maximum number and size of accessory buildings: Deleted: 5 a. In agricultural districts accessory buildings shall not exceed 30% of the square footage of the lot. In residential districts the number of accessory buildings shall be limited to two and the total Formatted: Bullets and Numbering square footage of all accessory buildings combined shall be limited to 3000 square feet. In no case shall the gross area of the lot covered exceed the limitations provided under the specific zoning districts. In industrial districts the total square footage of all accessory buildings shall not exceed 30% of the square footage of the lot. Warehouses in industrial districts are not considered accessory buildings. In districts other than agricultural, Industrial and residential the gross floor area of accessory buildings shall not exceed 30% of the square footage of the main building or 3000 square feet whichever is more. In no case shall the total square footage of all accessory buildings exceed 6000 square feet. In no case shall the area of the lot covered exceed the limitations provided under the specific zoning districts. The total square footage of all accessory buildings shall not exceed the square footage of the main building. e. Churches regardless of the zoning district may have no more than two accessory buildings. The total gross floor area of all accessory buildings shall not exceed 30% of the square footage of the main building or 3000 square feet whichever is more. Accessory buildings utilized by churches may be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted) if approved by the planning and zoning commission and city council. f. Schools regardless of zoning district may utilize accessory buildings only as approved by the planning and zoning commission and city council. Accessory buildings utilized by may be exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted) if approved by the planning and zoning commission and city council. I CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Ll Yes Ll Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date 1y j r ACTION REQUESTED: ®ORDINANCE #_04-13-08_ ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #0443-08 — Amending Appendix A — "Fee Schedule" in the Code of Ordinances of the City of Sanger. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED [:]NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This item reflects the changes to the fee schedules as presented by staff and recommended at the last City Council meeting. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Proposed Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE 04-13-08 THAT APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; BY AMENDING IT IN IT'S ENTIRETY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Section 1. That Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows. "ARTICLE 1.000 ANIMAL CONTROL FEES Sec. 1.100 Registration of Dangerous Dogs The registration fee for a dangerous dog shall be %fty dollars ($200.00). Sec. 1.200 Animal Impoundment Fees (a) Class A animals (dogs, cats, fowl): First impoundment $20.00 Second impoundment $40.00 Third impoundment $60.00 Fourth impoundment $80.00 (b) Class B animals (goats, sheep, lambs, pigs, calves, foals and animals of the same approximate size and weight): First impoundment $30.00 Second impoundment $40.00 Third impoundment $75.00 Fourth impoundment $11100 (c) Daily Handling Fees: First day or part of day $15.00 Each subsequent day $ 5.00 Sec. 2.100 Building Permits and Inspections (a) Building permits per type of buildings. (1) New residential, any size: $750.00 permit fee; plan review and initial inspection fee included. A second or additional inspection of any failed item will result in a re - inspection fee. (2) Residential additions/remodels: (A) 1 to 500 sq. ft.: $200.00 permit fee; inspection fee included. (B) Over 500 sq. ft.: $0.40 per no ft. permit fee; inspection fee included. (3) Commercial -New or Additions (A) Plan Review Fee: $2000.00 (B) Permit. $0.20 per square foot (C) Inspections: $1000.00 for first 20, and $50.00 each thereafter. (4) Commercial -Open Warehouse Space* (A) Plan Review Fee: $2000.00 (B) Permit: $0.10 per square foot (C) Inspections: $1000.00 for first 20, and $50.00 each thereafter. *Non -warehouse space will fall under the Commercial —New or Addition rates as stated above (S) Commercial -Remodels or Finish -Outs (A) Plan Review Fee: $500.00 (B) Permit: $0.20 per square foot (C) Inspections. $500.00 for first 10, and $50.00 each thereafter. (b) Other Inspections and Fees (applies to both residential and commercial) Inspections outside of normal business hours Re -inspection Certificate of Occupancy Inspection (c) Other Permit Fees. Fence permit -New Replacement of water lines, sewer lines or driveways on existing structures Swimming Pool Permit * Electrical and plumbing permits are also required $75.00 each inspection $35.00 $35.00 $35.00* (d) All permits will be obtained by the licensed contractor only. Sec. 2.200 Plumbing Permits and Registration (a) Registration. Plumbers holding a current valid license must register with the city. The following conditions must be complied with: (1) He or she shall submit a copy of a State of Texas Plumbing License. (2) He or she shall pay the registration fee of fifty dollars ($50.00) and comply with all current regulations (3) Registration will expire on December 31St of each year (b) Plumbing Permits. (1) Work Permit Required. It shall be unlawful for any person to install, change, alter or repair any plumbing component (except routine repairs}, until after such person has first obtained a permit in writing to do so from the city (c) For new buildings, additions or remodels the plumbing permit fee is included in the cost of the building permit. (d) For additional installation of plumbing services into an existing structure (other than additions or remodels): 35.00 (e) All permits will be obtained by the licensed contractor only. Sec. 2.300 Mechanical Permits and Registration (a) Registration. Contractor must register with the city. The following conditions must be complied with: (1) He or she shall submit a copy of a valid State of Texas license (2} He or she shall pay the registration fee of fifty dollars ($50.00) and comply with all current regulations (3) Registration will expire on December 31" of each year (b) Mechanical Permits. (1) Work Permit Required. It shall be unlawful for any person to install, change, alter or repair any component (except routine repairs), until after such person has first obtained a permit in writing to do so from the city (c) For new buildings, additions or remodels the mechanical permit fee is included in the cost of the building permit. (d) For additional installation of mechanical services into an existing structure (other than additions or remodels): 35.00 (e) All permits will be obtained by the licensed contractor only. Sec. 2.400 Electric Permits and Registration (a) Registration. Electricians holding a current valid license must register with the city. The following conditions must be complied with: (1) He or she shall submit a copy of a State of Texas Electrical License and a State of Texas Electrical Contractor's License. (2) He or she shall pay the registration fee of fifty dollars ($50.00) and comply with all current regulations. (3) Registration will expire on December 315t of each year (b) Electrical Work Permits. (1) Work Permit Required. It shall be unlawful for any person to install, change, alter or repair any electric wiring or apparatus (except routine repairs such as the replacement of fuses and lamps and alleviation of short circuits), until after such person has first obtained a permit in writing to do so from the city, and upon the approval of such work said permit shall be returned to the city. (c) Fees for Electrical Work for Residential, Multifamily and Commercial Buildings. (1) Additional or change out of any electrical component: $35.00. (2) For temporary pole service, there will be an additional charge of: (d) All permits will be obtained by the licensed and registered contractor only. Sec. 2.500 Irrigation Permits and Registration (a) Registration. Contractor must register with the city. The following conditions must be complied with: (1) He or she shall submit a copy of a valid State of Texas license (2) He or she shall pay the registration fee of fifty dollars ($50.00) and comply with all current regulations (3) Registration will expire on December 31S` of each year (b) Irrigation Permits. (1) Work Permit Required. It shall be unlawful for any person to install, change, alter or repair any component (except routine repairs), until after such person has first obtained a permit in writing to do so from the city (c) For new buildings, additions or remodels the irrigation permit fee is included in the cost of the building permit. (d) For additional installation of irrigation services into an existing structure: 35.00 (e) All permits will be obtained by the licensed contractor only. Sec. 2.600 Fire Sprinkler and Alarm Systems for Commercial Structures (a) Registration. Contractor must register with the city. The following conditions must be complied with: (1) He or she shall submit a copy of a valid State of Texas license (2) He or she shall pay the registration fee of fifty dollars ($50.00) and comply with all current regulations (3) Registration will expire on December 31St of each year (b) Fire Alarm or Sprinkler Permits. (1) Work Permit Required. It shall be unlawful for any person to install, change, alter or expand any fire sprinkler or Fire Alarm (except routine repairs), until after such person has first obtained a permit in writing to do so from the city (c) Sprinkler System permit fee: 200.00 (d) Fire Alarm permit fee: 200.00 (e) All permits will be obtained by the licensed contractor only. ARTICLE 3.000 BUSINESS RELATED FEES Sec. 3.100 Mobile Home/ HUD Code Manufactured Home Parks --Permit Fee (a) The initial permit fee for each mobile home park shall be five hundred dollars ($500.00), plus five dollars ($5.00) for each mobile home lot. The permit fee must accompany each application for a mobile home park permit. (b) The permit fee for expansion of a current park shall be five hundred dollars ($500.00) plus five dollars ($5.00) for each new lot. Sec. 3.200 Reserved. Intentionally Left Blank Sec. 3.300 Recreational Vehicle Park License (a) The permit and/or renewal fee for a recreational vehicle park shall be two -hundred and fifty dollars ($250.00) plus $5.00 for each recreational vehicle hook-up. (b) Such permit shall expire on December 31 st of the year in which it was issued. Application for renewal of permits shall be written thirty (30) days prior to expiration, and be accompanied by a renewal fee for a twelve-month period thereafter. Sec. 3.400 Moving Houses, Buildings and Other Structures --Permit Fee The Permit fee for moving of houses, buildings or structures: $35.00 Sec. 3.500 Reserved. Intentionally Left Blank Sec. 3.700 Curb, Gutter, Driveway and Culvert Installations It shall be unlawful for any person to construct, reconstruct or repair any driveway, curb, gutter, or drainage facility in the streets and alleys of the city without first obtaining a permit. To obtain such permit, an application must be filed with the city describing the abutting property to which the proposed work on the public property is to be done either by lot, block, or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of proposed work; a description of the proposed work to be performed; and any other pertinent information as shall be required by the city. The fee for such permit shall be thirty-five dollars ($35.00) and shall expire if the work authorized therein is not commenced within thirty (30) days of the date of the permit. Plans for such work shall be approved by the city -designated official prior to issuance of any permit. Sec. 3.800 Street Cut Excavation and Repair Prior to the cutting of any streets, the contractor shall file a permit with the city secretary as outlined in Chapter 3, Article 3.1300 of this code, and pay a permit fee in the amount of sixty dollars ($60.00). Sec. 3.900 Sign Permits When a sign permit is required, the permit fee shall be thirty five dollars ($35.00). Sec. 3.1000 License Fee for Amusement Establishments The fee for a license to conduct amusement activities or businesses shall be thirty-five dollars Sec. 3.1100 Fees for Itinerant Merchants, Peddlers and Vendors (a) The solicitor or peddler permit fee shall be $250.00 per year. The permit fee for each agent or employee of a solicitor or peddler shall be $25.00 per year. If the sale of food is involved, there shall be an additional fee of $25.00 per year for the issuance of a City Health Permit. (b) Applicant must show valid sales tax permit. (c) Each Vehicle and/or separate location shall constitute a separate permit. (d) Charitable organizations and/or their representatives are hereby required to obtain permits as herein provided, but the fee may be waived at the discretion of the City Manager. Applicant may request an Exemption of a requirement by Council Action Only. Sec. 3.1200 Reserved (Intentionally Left Blank) Sec. 3.1300 Fees for Sexually Oriented Businesses The annual fee for a sexually oriented business license is five hundred dollars ($500.00). Sec. 3.1400 Fees for Food Service Establishments (a) Application fee: (one time) $200.00. (b) Annual permit fee: $150.00. (c) Daycare facilities: $50.00 base plus $1.00 per child licensed. (d) All required inspections are subject to a fee consistent with the amount charged to the city to have the inspections performed. (e) Reinspections or inspections in addition to the two yearly inspections: $ Inn .00 (f) Plan review for newly constructed, remodeled, or converted structure, including onsite review and/or written comments regarding compliance with state law requirements for any new Food establishment are subject to the actual charge assessed by the inspector to the city. See. 3.1500 Alcoholic Beverages Off -premises alcohol sales permit processing fee: $200.00 at the time of application submission. ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service may be discontinued, upon due written notice, to customers having past due bills on the twenty-seventh day of the month. In addition, a thirty dollar ($30.00) reconnect fee will be assessed to all water and a thirty dollar ($30.00) reconnect fee will be assessed to all electric customers whose service has been discontinued. Sec. 4.102 Tampering Fee In the event the user or customer or his agent restores water services or electric services after service has been disconnected by the city, or the user or customer or his agent tampers with the water meter or the electric meter or service line appurtenances in any manner, based on the best estimated time that tampering occurred, an average kwh usage fee will be charged. All vehicle, man-hours and equipment replacement costs will also be charged. A tampering fee of two hundred dollars ($200.00) shall be collected in addition to the reconnect fees. Sec. 4.103 Utility Service Fees (a) Utility Service Fee. To a customer that has requested water service be connected and are not present at time of connect, and there is an issue not allowing services to be left on, thus causing an additional service trip for reconnect: $20.00. (b) After -Hours Utility Service Fee. To a customer that has requested any utility service connection or disconnection after 4:00 p.m., and connection or disconnection is due to no fault of the city: $50.00 for water and /or $50.00 for electric in addition to the $30.00 reconnect fee on each service. Division 4.200 Solid Waste Sec. 4.201 Reserved (Intentionally Left Blank) Sec. 4.202 Collection Fees (a) Residential Customers. Two pickups per week: Actual Cost plus a $2.00 administrative fee. (b) Commercial Customers. (1) One pickup per week, administrative fee. (c) Container Services. (1) Three-yd. containers. one 96-gal. container: Actual Cost plus a $2.00 (A) One pickup per week: Actual Cost plus a $2.00 administrative fee. (i) Rent: Actual Cost plus a $2.00 administrative fee. (ii) Delivery: Actual Cost plus a $2.00 administrative fee. (iii) Each Pickup: Actual Cost plus a $2.00 administrative fee. Sec. 4.203 Reserved (Intentionally Left Blank) Sec. 4.204 Fee for Removal of Illegally Dumped Refuse on Private Property A charge of twenty-five dollars ($25.00), over and above the actual cost of removal, for each collection and removal of solid waste materials shall be levied, assessed and collected against such property each time such collection and removal of solid waste materials shall be performed, provided that an additional charge can be levied, assessed and collected against such premises for the actual additional cost for said collection and removal. The charges provided for herein shall be levied, assessed and collected by the city, and if any person shall fail to pay such charges so assessed within thirty (30) days after proper notice, the city will file with the County Clerk of Denton County, Texas, a statement setting out the expenses that the city has incurred pursuant to the provisions of this section, and the city shall thereby perfect a privileged lien on the properly involved, second only to tax liens and liens for street improvements, to secure the expense to the city, together with ten (10) percent interest from the date such payment is due. Division 4.300 Water and Sewer Sec. 4.301 Residential Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof. Such sum is to be determined and collected by the utility department and shall be at the following rates: Tap charges for sizes up to 1" Additional meter for sprinkler system Charge for water connect fees (user fee) $2,000.00 Charge for service interruption $35.00 supervision (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Sec. 4.302 Residential Sanitary Sewer Service Connections The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The city shall charge two thousand dollars ($2,000.00) for each connection. Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all. water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof Such sum is to be determined and collected by the utility department and shall be at the following rates: (1) Duplexes. Tap charges for all sizes up to 2" $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (2) Anarhnents. Tap charges for all sizes up to 2" $350.00 Plus $ 1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $ 1,650.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" $350.00 Plus $300.00 for each habitable unit (B) Two pickups per week: Actual Cost plus a $2.00 administrative fee. (C) Extra pickup. Actual Cost plus a V.00 administrative fee. (2) Four-vd. containers. (A) One pickup per week: Actual Cost plus a $2.00 administrative fee. (B) Two pickups per week: Actual Cost plus a $2.00 administrative fee. (C) Extra pickup: Actual Cost plus a $2.00 administrative fee. (3) Six-vd. containers. (A) One pickup per week: Actual Cost plus a $2.00 administrative fee. (B) Two pickups per week: Actual Cost plus a $2.00 administrative fee. (C) Extra pickup: Actual Cost plus a $2.00 administrative fee. (4) Ei hg__tyd. containers. (C) (5) (A) One pickup per week: Actual Cost plus a $2.00 administrative fee. (B) Two pickups per week: Actual Cost plus a $2.00 administrative fee. Three pickups per week: Actual Cost plus a $2.00 administrative fee. (D) Extra pickup: Actual Cost plus a $2.00 administrative fee. Thirt,�yd. containers. (A) Commercial user. Tap charges for each additional inch over 2' $100.00 Plus $300.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps. Up to 1" line 1-1/2" 2" line 3" line 4" line 6" line 8" line Charge for meter, box and connections Charge for water connect fees (user fee) Charge for service interruption supervision $2,000.00 $25500.00 $35000000 $3,600.00 $45300900 $55700.00 $6,900.00 Actual cost +_ 500 refundable deposit against damage during construction $20.00 $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right -of --way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (1) Duplexes. Tap charges for all sizes up to 4" $400.00 Plus $15600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 4" $400.00 Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" $400.00 Plus $400.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $400.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: 4" line $2,000.00 6" line $3,500.00 8" line $65500.00 10" line $85750.00 (b) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts necessary for installation. (c) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall hereafter be responsible for normal maintenance of said service line from the structure to the property line. Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) Ali sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. Sec. 4.306 Water Service hates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $15.25 minimum per unit served for $2.35 per thousand gallons 0-1000 gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established as set forth below: $18.00 minimum per unit served for $2.75 per thousand gallons $3.00 per thousand gallons $3.25 per thousand gallons $4.00 per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (c) Multifamily DwellinrZs. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of units to determine the amount due. (d) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived there from shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $13.50 for 04000 gallons. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. The city may include similar low volume users such as churches and small business offices or stores in Class A. All Class A customers of municipal wastewater facilities will be charged a minimum of sixteen dollars ($16.00) per monthly cycle and two dollars ($2.00) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons, but in no case to exceed thirty-five ($35.00) per month. (2) Commercial -Class B. Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a Class A type user. All Class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and two dollars ($2.00) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons. 3/4 -meter 1 "-meter 14/2"-meter 2"-meter 3"-meter 4"-meter 6"-meter 8"-meter (3) $22.00 $24.00 $28.00 $33.00 $41.00 $76.00 $101.00 $133.00 Multifamily Dwellings. The amount due for multifamily dwellings shall be the Class A rate multiplied by the number of dwelling units. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the Class A rate multiplied by the number of occupied dwelling units. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived there from shall be multiplied by the number of tenants determine the amount due. The minimum per unit charge will be $16.50. (6) Customers without City Water Service will be charged $35.00 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit $100.00 Multi- Property Residential deposit* $100.00 Large Volume User deposit (including but not $200000 limited to restaurants, hair salons, pet groomers, etc.) Commercial deposit $100600 Mobile Water Meter deposit $1000400 * To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for Multi -Property residential deposits which will only be credited when the final account is closed. Division 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 **Multi -Property Residential deposit $200.00 Small Commercial deposit $200.00 Large Commercial deposit $500.00 (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (a) *Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary Service for cleanup or a remodel will be subject to a thirty day maximum and will not require a deposit. **(b) To qualify for the Multi -Property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi" Property residential deposits will only be credited when the final account is closed. (c) Electric Deposit Refunds. When a residential customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Connect Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or a landlord. $30.00 each service. Temporary service is only good for thirty (30) days. (3) Reconnect Fee. To customer who is disconnected for nonpayment and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. (4) Three Phase Service Fee. For new installation upgrading of existing service, or reconnect: $90.00. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually -metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities Charge: $9.00 per month. (2) Energy Charge: $.0761634 per kwh. (3) Minimum Bill: $9.00 per month. Sec. 4.404 Small Commercial Electric Rate (a) Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. No applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will be measured at primary voltage. (c) Rate. (1) Facilities Charge: $15.00 per month. (2) Energy Charge: $.081696 per kwh. (3) Minimum Bill: $15.00 per month. Sec. 4.405 Large Commercial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage of 25KW or more on demand. (b) Demand. The demand usage will be based on an average of the usage for the months of June, July, August and September. That average will be the usage billed for the following twelve (12) months except for any month where the actual usage is higher than that average, then the actual usage will be billed for that month. (c) Rate. (1) Facilities charge: $35.00. (2) Demand charge: $9.00/KW. (3) Energy charge. $ .031 i 05. Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $8.62 per month plus a set usage of 55 kwh at the current rate. (b) 400W H.P.S. directional flood light: $14.39 per month plus a set usage of 160 kwh at the current rate. (c) 1,000W metal halide flood light: $26.04 per month plus a set usage of 360 kwh at the current rate. Sec. 4.407 Fuel Cost Adjustment The fuel adjustment charge for all kwh shall be $0.184. Sec. 4.408 Power Cost Adjustment (a) Designation. PCA. (b) Application. The monthly bill will be adjusted on a per kwh basis for purchased power cost which is above or below the amount included in the base rates as follows: PCA = P-C -B Where PCA = Power Adjustment in $/kwh S P = Estimated power cost for current month C = Over or under collections in previous months S = Estimated kwh sales in the current month B = Base at $0.03425/kwh Sec. 4.409 Purchased Power Adjustment Clause (a) PCAE (Applicable to all Tariffs). The PCAE is an adjustment charge per kilowatt hour sold and is calculated as follows: PCAE = PP - (PCAD: LD) - F ± CF - $0.0096 Where PP =Total estimated cost of purchased power for the current month. PCAD = As defined in subsection (b) below. LD = Total estimated billing demand associated with large commercial tariff for the current month. F = Total estimated fuel costs for the current month. S = Total estimated kwh sales for the current month. CF = Correction factor adjustment to be applied in the current billing month to account for the difference between PCAE revenue received and actual cost incurred in preceding periods. (b) PCAD�Applicable onl tY o Large Commercial Tariffl. The PCAD is an adjustment charge per kilowatt of billing demand and is calculated as follows: PCAD = PPD � CF - $6.75 Where PPD =Estimated demand costs included in wholesale power supplier's base rates for the current month. D = Estimated total metered demand for the current month. CF = Correction factor adjustment to be applied in the current billing month to account for the difference between PCAD revenue received and actual cost incurred in preceding periods. (c) Applicable to Wholesale Power Adjustment Granted by Public Utilities Commission. The clause above covers only the wholesale power adjustment granted by the public utilities commission prior to January 1, 1982, and shall remain in effect only until the wholesale power cost is again adjusted by the public utilities commission. Should an adjustment produce more revenue than the actual wholesale power increase in any month, the overcharge will be credited to the customers next monthly billing. Sec. 4.410 Electric Service Switchover (a) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company request in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed company which includes. (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor and vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (2), (3), (4) and (5). ARTICLE 5.000 MUNICIPAL COURT FEES Sec. 5.100 Warrant Fees {a) A warrant fee of fifty-five dollars ($50.00) as provided by the laws of the state is established and shall be collected for each and every warrant issued by the municipal court for the city. Sec. 5.200 Technology Fee (a) There is hereby established a municipal court technology fee in the amount of four dollars (b) The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. Sec. 5.300 Building Security Fee All defendants convicted in a trial for a misdemeanor offense in municipal court shall be required to pay a fee of three dollars ($3.00) as a cost of court. A person is considered convicted for purposes of this article if a sentence is imposed on the person, the person receives community supervision, including deferred adjudication or the court defers final disposition of the person's case. The security fee shall be collected by the municipal court clerk and paid to the official who discharges the duties of municipal treasurer for deposit in the municipal court building security fund. (Ordinance adopting Code) ARTICLE 6.000 MISCELLANEOUS FEES Sec. 6.100 Returned Checks A fee of fifteen dollars ($35.00) will be charged for each returned check. ARTICLE 7.000 PARK AND RECREATION FEES Sec. 7.100 Park Usage Fees (a) Nonrefundable, per child: $10.00. (b) Tournament play. (1) Deposit: $100.00 per field. (2) Per field: $200.00 per day (3) Lights: $15.00 an hour. " Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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. 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 Section 1.109 of this 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 cases provide PASSED AND APPROVED this 21st day of April 2008, by the City Council of the City of Sanger, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary THAT APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; BY AMENDING IT IN IT'S ENTIRETY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. PASSED AND APPROVED this 21 st day of April, 2008, by the City Council of the City of Sanger, Texas, APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary CITY UV SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable 0 Yes Not Applicable Council Meeting Date. Submitted By. April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials -� Date LI� ACTION REQUESTED: ®ORDINANCE # 04-14-08_ ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #0444-08 — Amending Chapter 14, Article 41, Section 41.1 of the Code of Ordinances of the City of Sanger. (Zoning Board of Adjustment) FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The proposed ordinance will amend the Zoning Ordinance to reflect the same requirements for membership and quorums that are stated in the Home Rule Charter. STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Proposed Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: P&Z unanimously recommended approval 04/10/08 ORDINANCE #04-14-08 THAT CHAPTER 14, SECTION 41 ZONING BOARD OF ADJUSTMENT, ARTICLE 41.1 (2. "Membership" and 4. "Meetings"), ORGANIZATION AND PROCEDURE IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Section 1. That Chapter 4, Section 41, Article 41.100 (2. "Membership"), of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows. "2. Membership: The Board shall consist of seven citizens each to be appointed or reappointed by the City Council, for staggered terms of two years respectively, with terms to begin on July 1 of the year of appointment. Each member of the Board shall be removable for just cause by City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairman, who shall serve for a period of two (2) years or until his successor is elected. The City Council may appoint four (4) alternate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Secretary. Alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled and alternate members removed in the same manner as regular members. The members of the Board shall be identified by place numbers one (1) through seven (7). The even -numbered places shall expire in the even -numbered years, the odd -numbered places shall expire in the odd -numbered years. The alternate members of the Board shall be identified by place numbers one (1) through four (4). The even -numbered places shall expire in the even -numbered years; the odd -numbered places shall expire in the odd numbered years. All regular and ail alternate members are to be appointed to place numbers as specified by the City Council upon adoption of this ordinance." Section 2. That Chapter 4, Section 41, Article 41.100 (4. "Meetings"), of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "4. Meetings: Meetings of the Board shall be held at the call of the chairman, upon written petition of three (3) regular members of the Board; and at such other times as the Board may determine. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearings or proceedings shall be heard by at least six (6) members or alternate members of the Board." Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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. 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 Section 1.109 of this Code. Section 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPR®VED, AND ADOPTED, this the day of A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas. Joe Higgs, Mayor ATTEST, Rosalie Chavez, City Secretary ORDINANCE #04-14-ua THAT CHAPTER 14, SECTION 41 ZONING BOARD OF ADJUSTMENT, ARTICLE 41.1 (2. "Membership" and 4. "Meetings"), ORGANIZATION AND PROCEDURE IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, A.D., 20085 Texas. APPROVED, AND ADOPTED, this the day of by the City Council of the City of Sanger, Denton County, A3i�: � ►� Fi'RT� I111M 11 �. Rosalie Chavez, City Secretary CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Z1<Date f y a ACTION REQUESTED: ®ORDINANCE _04-15-08_ ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Conduct Public Hearing to Consider Ordinance #04=15mmM — Being a Zoning Change Request From Agriculture to Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1, Lot 5111 and 5112. Property is Located on Marion Road. 2. Consider and Possible Action Regarding Ordinance #0445-08 on Being a Zoning Change Request From Agriculture to Planned Development (PD) on Property Legally Described as N.L. Hobbs Block 1, Lot 5111 and 5R2. Property is Located on Marion Road, FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CI P [:]BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED. General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Please see attached Agenda Briefing STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Proposed ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: P&Z Approved 04/10/08 unanimously Meeting Date: Subject: STAFF REVIEW COMMENTS: CITY COUNCIL AGENDA BRIEFING 04-21-08 ( Prepared by. Samantha Renz Zoning Change - NL Hobbs Block 1, Lots 51R-1&2 Zoning: This property is currently zoned Agriculture (AG) SUMMARY: This request is to change the property form Agriculture to a Planned Development. The Planned Development zoning gives the Commission and the Council the ability to restrict the uses on the property. The original request was for Multi Family and Industrial zoning; however the planned development limits the uses on the Industrial to mini storage warehouses. This will prevent any other type of industrial use of the property. The property was previously platted and approved for the current uses. In mid construction, the property was annexed into the City Limits. All property comes into the City as Agriculture. When Mr. Koch completed the current buildings, he came in to pull the permit to construct the next set of buildings, and was told he needed a zoning change. This prompted this request. Mr. Koch has completed construction of two town home structures, and three mini storage warehouse structures. He wishes to construct two more town home structures and no more than nine additional storage buildings. The number of storage buildings may be less depending on the size of each individual storage unit. Mr. Koch has already installed a $90,000.00 lift station in order to provide sewer service to the proposed town homes and Ur V a roerties The proposed ordinance is attached, if approved, any restrictions can be added to the ordinance. TENTATIVE SCHEDULE: Planning & Zoning Commission: April 10, 2008 City Council: April 21, 2008 ORDINANCE #04-15-08 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM AGRICULTURE (AG) TO A PLANNED DEVELOPMENT OR "PD" ZONING CLASSIFICATION SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. WHEREAS, a Request for Change in Zoning Classification was duly filed with the City of Sanger, Texas, concerning the hereinafter described property; WHEREAS, due notice of hearing was made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted a public hearing for the purpose of assessing a zoning classification change on the hereinafter described property located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice posted; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the legal description of the property zoned herein is generally described as follows. N.L. HOBBS BLOCK 1, LOT SRl AND SRZ Section 2. The zoning classification on the hereinabove described property is hereby changed to "PD", Planned Development Zoning and is restricted to the attached development plan described as "Exhibit A" Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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 A any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 5. Any person, firm, or corporation who shall violate any of the provisions of 1 this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21 st day of April, 2008. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 2 "EXHIBIT A" A Planned Development in Sanger, Texas Owner: S & T Rentals Agent: Steve Koch 7020 Hunnington Sanger, Texas 76266 (940) 391-7282 3 LOCATION: The area to be re -zoned is approximately 6.0 acres, located along the East side of Marion Road. Subject Property CURRENT ZONING: The 6.0 acre tract currently contains one zoning classification: 1. Agriculture (AG) CURRENT USE: The property is currently platted as 2 Lots, Lot SRl currently has mini storage warehouse units located on the property. Lot SR2 currently has town homes located on the property. 0 ALLOWABLE USES AND SIZES: The only allowable use on Lot 5R1 will be for mini warehouse storage units meeting the Industrial 1 (I4) requirements in Chapter 14, Section 19 of the City of Sanger's Code of Ordinances. The only allowable use for Lot 5R2 will be Multi -Family Residential (Town Homes) meeting the Multi -Family 2 (MF2) requirements in Chapter 14, Section 25 of the City of Sanger's Code of Ordinances. Water Supplied by the Bolivar Water. Sanitary Sewer Sanitary Sewer will be supplied by the City of Sanger via a Lift Station already purchased and installed at the expense of S&T rentals. Drainage In place as required by the City of Sanger. Traffic and Roads The area is currently served by Marion Road The change in zoning will not have a large effect on traffic, being that the proposed allowable uses are already in place at this location. Surrounding Uses and Buffering Adjoining properties are currently zoned AG (Agriculture) and B2 (Business 2) Landscaping installed per City of Sanger regulations. Si na e Any and all signage will meet the City of Sanger's requirements. Building Locations All setbacks will be as per the plat previously approved by the City of Sanger. Variances Required (compare to Zoning Industrial 1): No Variances Requested. Variances Required (compare to Multi -Family 2): No Variances Requested. 0 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date c�L/ Ld ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION # ® APPROVAL _04-16-08_ ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Conduct Public Hearing to Consider Ordinance #0446-08 - Being a Zoning Change Request from Agriculture (AG) to Industrial 1 (I4) on Property Legally Described as Abstract 725 S.F. Lynch Survey, Tract 14A, Being 44.3076 Acres, and Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, and Abstract 1066 Jose Ruiz Survey, Tract 12, Being 48.004 Acres, and a Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres Save and Except a 5 Acre Portion to be Zoned Residential. This Property is located South of Chisam Road, East of Interstate 35 and West of the Railroad Tracks. 2. Consider and Possible Action Regarding Ordinance #0446-08 — Being a Zoning Change Request from Agriculture (AG) to Industrial 1 (I4) on Property Legally Described as Abstract 725 S.F. Lynch Survey, Tract 14A, Being 44.3076 Acres, and Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, and Abstract 1066 Jose Ruiz Survey, Tract 12, Being 48.004 Acres, and a Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres Save and Except a 5 Acre Portion to be Zoned Residential. This Property is located South of Chisam Road, East of Interstate 35 and West of the Railroad Tracks. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility 0 $ Special ❑ $ i All _ ►�lu = Lid011MUI Please see attached Agenda Briefing STAFF OPTIONS &RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Proposed ordinance, Agenda Briefing P&Z Approved 04/10/08 unanimously CITY COUNICIL TEXAS AGENDA BRIEFING Meeting Date: 04A O0 8 Prep red byx Samantha Renz Zoning Change from Ag to IA on Property South of Subject: { Chisam Road - Approximately 255 Acres STAFF REVIEW COMMENTS: Zoning: This property is currently zoned Agriculture (AG) and is located South of Chisam Road between the railroad tracts and Interstate 35. SUMMARY: The original request was to change the property form Agriculture to a Planned Development. After review, there were not any circumstances that made a planned development necessary. They amended the request and are now requesting Industrial 1 (I-1) zoning. The request lines up with the comprehensive plan. The future land use map shows this area as industrial. The documentation attached was submitted for the planned development; however, I've included so that the Council can see the property owners intentions for the property. The Planning and Zoning Commission unanimously recommended approval of this change. The Proposed Ordinance is also included. TENTATIVE SCHEDULE: Planning P. Zoning April 10, 2008 Commission: City Council: April 21, 2008 f r _ _ iLI Planned Development District 255 Acre Tract City of Sanger, Texas 11. Land Use Map The subject tract is not specified under a specific zoning category. Currently, this portion of property is under an "agricultural" land. z 0 2 B Planned Development District 255 Acre Tract City of Sanger, Texas if. Purpose and Intent The purpose of the district is to accommodate industrial development in a manner that is consistent with the goals set forth by the City's Comprehensive Plan and attract investment to the area. IV. Applicability This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to the development. V. Land Use - The planned development district provides for single-family residential development. A. Industrial District General Purpose and Description: This area designation is intended to accommodate those uses which are of a non -nuisance type located in relative proximity to residential areas. Development in this district is limited primarily to certain commercial and industrial uses, such as the fabrication of materials, specialized manufacturing, and research institutions. Permitted Uses: Land uses shall comply with uses permitted for "I-1" Industrial District in Section 25 of the City of Sanger Zoning Ordinance. Height Regulations: Height regulations shall comply with "I-1" Industrial District in Section 25 of the City %J Sanger Zoning Ordinance. Area Regulations: Area regulations shall comply with "I-1" Industrial District in Section 25 of the City of Sanger Zoning Ordinance. Parking Requirements: Parking regulations shall comply with 1-1" Industrial District in Section 25 of the City of Sanger Zoning Ordinance. Architectural Standards: All buildings shall be designed to meet the following standards: Materials: One hundred percent (100%) of each exterior wall that faces a public street shall be finished with 0 3 '1 i'lanned Development District 255 Acre Tract City of Sanger, Texas brick, stone, synthetic stone, stucco, architectural Concrete Masonry Unit (CMU), architecturally finished tilt -wall construction, or architectural metal panels. Articulation: No building wall shall extend for a distance greater than four times the wall's height without having an offset of at least ten percent (10%) of the wall's height. In addition, each new plane shall extend for a distance equal to or greater than fifteen percent (15%) of the length of the previous plane. Otf Street Loading: All off street loading areas shall be located along the rear or side of buildings in order to minimize visibility from major streets or residential areas. Screening Requirements: All refuse containers and outside storage areas shall be screened. Materials: Screening devices shall be constructed of brick, stone, synthetic stone, stucco, or other architectural masonry finish. Landscaping Requirements: Perimeter: Three (3) inch caliper trees shall be planted at forty (40) foot intervals adjacent to all right-of- ways. Signage Requirements: Monument Signs: a. Each lot shall be limited to one (1) monument sign per street frontage. b. Height: Maximum height for all monument signs shall be eight (8} feet. c. Size: Maximum size for all monument signs shall be sixty (60) square feet. Pole Signs: Pole signs shall be strictly prohibited. LII Planned Development District 255 Acre Tract City of Sanger, Texas a Building Signs: Buildings shall be allowed one (1) building sign per street frontage. a. Maximum height for all building signs shall be three (3) feet. b. Maximum size for all building signs shall be twelve (12) square feet. Lighting Standards: a. The source of light shall not be visible from any adjacent property having a residential zoning classification. b. All lighting shall be directed downward or projected on to buildings, signs, landscaping, sidewalks or parking areas. Utilities: Unless otherwise authorized by the City, all utilities shall be located underground. 5 ORDINANCE 04-16-08 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM AG (AGRICULTURE) TO I4 (INDUSTRIAL — 1) ON PROPERTY LEGALLY DESCRIBED AS ABSTRACT 725, TRACT 14A AND TRACT 13A, ABSTRACT 1066 TRACT 12 AND A PORTION OF ABSTRACT 1066 TRACT 12A; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the legal description of the property zoned herein is generally described as follows: Abstract 725 S.F. Lynch Survey, Tract 14A, Being 44.3076 Acres, and Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, and Abstract 1066 Jose Ruiz Survey, Tract 12, Being 48.004 Acres, and a Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres Save and Except a 5 Acre Portion to be Zoned Residential, Section 2. The zoning classification on the hereinabove described property is hereby changed from AG (Agriculture) to I-1 (Industrial —1) Zoning. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21s` day of April, 2008. Mayor Joe Higgs ATTEST: City Secretary ORDINANCE 044&08 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM AG (AGRICULTURE) TO I4 (INDUSTRIAL — 1) ON PROPERTY LEGALLY DESCRIBED AS ABSTRACT 725, TRACT 14A AND TRACT 13A, ABSTRACT 1066 TRACT 12 AND A PORTION OF ABSTRACT 1066 TRACT 12A; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21' day of April, 2008 Mayor Joe Higgs ATTEST: City Secretary CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal El Yes Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials wo - Date ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION # ® APPROVAL _04-17-08_ ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Conduct Public Hearing to Consider Ordinance #0447-08 — Being a Zoning Change Request from Agriculture (AG) to Single Family 7-E (SF-7E) on Property Legally Described as a Five Acre Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres. Property is Located South of Chisam Road and West of the Railroad Tracts. 2. Consider and Possible Action Regarding Ordinance #0447-08 - Being a Zoning Change Request from Agriculture (AG) to Single Family 7-E (SF-7E) on Property Legally Described as a Five Acre Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres. Property is Located South of Chisam Road and West of the Railroad Tracts. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Please see attached Agenda Briefing STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Proposed ordinance, Agenda Briefing P&Z Approved 04/10/08 unanimously aR eh q *TEX CITY COUNCIL AGENDA BRIEFING Meetin Date: 04-1 M8 9 Prepared by: Samantha Renz a subject: Zoning Change from Ag to SF-7E on Property South of Chisam Road - Approximately 5 Acres STAFF REVIEW COMMENTS: Zoning: This property is currently zoned Agriculture (AG) and is located South of Chisam Road and west of the railroad tracts. SUMMARY: The original request was to change the property form Agriculture to a Planned Development. After review, there were not any circumstances that made a planned development necessary. They amended the request and are now requesting Single Family 7E Zoning. The documentation attached was submitted for the planned development; however, I've included it so that the Council can see the property owner's intentions for the properly. The Planning and Zoning Commission unanimously recommended approval of this change. The Proposed Ordinance is also included. TENTATIVE SCHEDULE: Planning & Zoning April 10, 2008 Commission: City Council: April 21, 2008 Subject property W H A R LO M Z L M. c? W o Y Z O VIEW RE O = o° ° ° 0 0 0 0 ° ME TO R LL IllIIIVIIVIIIIIIIINII tom- '°xx t x � ss'y— TRAG7 I k _ � } S Ate. } Q q INeINIIVIIINIIIIIIIIIIIIIVIVNel `'- $ANGEfB ' ^i t -r -fly 4 l } q .� y- F. Si�5-,� ��'�.?�,.-�,.<.e,.,�-ys•��._'`�y x,s a�'.��r , :s� �" -L- :: � i :�'� � s :�,�z-��-- ,-• r+ � �. } .G..=..�$t t df� � s F-'�- -t' IIIIIIN :-.,._L.� Planned Development District 7 Acre T ract City of Sanger, Texas 11. Land Use Map The subject tract is not specified under a specific zoning category. Currently, this portion of property is under an "agricultural' land. 2 Planned Development District 7 Acre Tract City of Sanger, Texas Ill. Purpose and Intent The purpose of the district is to accommodate single-family residential development in a manner that is consistent with the goals set forth by the City's Comprehensive Plan and attract investment to the area. IV. Applicability This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to the development. V. Land Use The planned development district provides for single-family residential development. A. Single Family Residential District General Purpose and Description: The designation is intended primarily for the development of single-family residential detached dwelling units and related uses. Variations to the established requirements are designed to allow a mixture of single-family residential products in order to create a viable development while allowing a reasonable amount of flexibility to accommodate ever changing market demands and natural features of the site. Permitted Uses: Land use and structures shall comply with uses permitted for single-family residential districts in Section 30 of the City of Sanger Zoning Ordinance. Area Regulations: The following minimum standards shall be required: Lot Size: Minimum Area: 7,800 square feet Minimum Width: 65 feet measured from the building line Minimum Lot Depth: 120 feet Yard Size: Minimum Front Yard: 25 feet Minimum Side Yard: 7.5 feet (20 feet on corner adjacent to side street) I]E>JACOBS Minimum Rear Yard — 25 feet Carter Burgess Dwelling Size: Minimum 1,800 SF with twenty percent (20%) allowance for minimum of 1,500 square feet i Planned Development District 7 Acre Tract City of Sanger, Texas Lot Coverage: Forty percent (40%) maximum by the main building; Sixty percent (60%) maximum by the main building, accessory building, driveways and parking Parking: A minimum of two (2) covered, enclosed parking spaces shall be provided behind the front yard line. Off-street parking spaces, and Loading requirements shall be provided in Section 32 of the City of Sanger Zoning Ordinance. Lot Summary Table Minimum Minimum Minimum Yard Setbacks Minimum Dwelling Square Width Depth Square Feet Feet Front Side Corner Rear Typical 20% Allowance 7,800 65' 120' 25' 7.5' 20' 25' 11800 11500 L'I ORDINANCE 04-17-OS fi• o, r AMENDING THE COMPREHENSIVE ORDINANCE ZONING r HERETOFORE AMENDED, CLASSIFICATION FROM ON PROPERTY ACRE PORTION ABSTRACT 1066 JOSE RUIZ SURVEY, TRACT 12A, PROVIDING FOR THE REPEAL OF ALLORDINANCES , PROVIDING , . SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000,00) FOR EACH OFFENSE,* AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BANGER, TEXAS: Section 1. That the legal description of the property zoned herein is generally described as follows. A Five Acre Portion of Abstract 1066 Jose Ruiz Survey, Tract 12A, Being 146.999 Acres, more particularly described in Exhibit "A" Attached hereto. Section 2. The zoning classification on the herein above described property is hereby changed from AG (Agriculture) to SF-7E (Single Family 7E) Zoning. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 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 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21' day of April, 2008. Mayor Joe Higgs ATTEST: City Secretary ORDINANCE 0447=08 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM AG (AGRICULTURE) TO SF-7E (SINGLE FAMILY 7E) ON PROPERTY LEGALLY DESCRIBED AS A FIVE ACRE PORTION OF ABSTRACT 1066 JOSE RUIZ SURVEY, TRACT 12A; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21' day of April, 2008 Mayor Joe Higgs ATTEST: City Secretary COUNCIL AGENDA ITEM AGENDA TYPE Z Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes I N Not Applicable Z Yes ❑ Not Applicable Council Meeting Date: April 21, 2008 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE # 04-20-08 [:]RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #04-20-08 — Amending the Existing Gas Franchise Between the City of Sanger, Texas and Atmos Energy Corporation. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM As discussed previously, our new rate agreement allows us to increase the franchise fee to 5%. This will generate approximately $26,000.00 in additional revenue next year. STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: oRDINANCE NO #04-20-08 AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF SANGER, TEXAS AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Atmos Energy Corporation ("Company") is engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights - of -ways within the City for that purpose under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company or its predecessor in interest; and WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: that SECTION 1: The consideration payable by Company for the rights and privileges granted to Company by the franchise ordinance duly passed by the governing body of this City and accepted by Company or its predecessor in interest is hereby changed to be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance. SECTION 2: Franchise payments shall be made on the dates prescribed in the existing franchise and shall be for the rights and privileges of the respective period during which the payment is made. SECTION 3: This ordinance shall take effect on May 1, 2008. The Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form. To the Honorable Mayor and City Council: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of 2008, Ordinance No. #04-20-08 amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Energy Corporation Vice President, Mid -Tex Division SECTION 4: In all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the City shall remain in full force and effect. SECTION 5: The City shall provide a copy of this Ordinance to Mr. David Park, VP of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no later than ten (10) business days after its final passage and approval. SECTION 6 It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said neeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, this the _ day of , 2008, at which meeting a quorum was present and voting. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secxetar0 APPROVED AS TO FORM: City Attorney Tami Taber From. Robert Dillard [Rdillard@njdhs.com] Sent. Tuesday, April 15, 2008 2:26 PM =o: Tami Taber cc: Mary Whistler Subject: RE: GENERIC FRANCHISE AMENDMENT Tami: The form of this ordinance is satisfactory. I will print and sign an original and mail it to you. Thanks. Robert L. Dillard, 111 Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. From: Tami Taber [mailto:ttaber@sangertexas.org] Sent: Monday, April 14, 2008 4:05 PM To: Robert Dillard Subject: FW: GENERIC FRANCHISE AMENDMENT ,vir. Dillard, Please review and let me know if this is ok. Thanks. From: Mike Brice [mailto:mbrice@sangertexas.org] Sent: Friday, April 04, 2008 3:56 PM To: 'Taber,Tami' Subject: FW: GENERIC FRANCHISE AMENDMENT From: Mariann Wood[mailto:mwood@herreraboylelaw.com] Sent: Friday, April 04, 2008 3:49 PM To: Kandi Hubert, Sam Listis Beth Nemeth; Hugh Walker; Jose Madrigals Charles McLean; Marc Clayton; Andrea Gardner; Connie Standridge; Paul Hayers; Pat McGowan; Jim Briggs; Rob Lindsey; Martha Stanton; Bill Funderburk; Carol Loucks, Lance VanZant; Lambert Little; Jerry Barker; Sharon Johnson; Jim Finley (Longview); Rhonda Dieterich; David Buesing; Monia Brown; Ali Wright; Toby Mash; Jennifer Wheelers Jeff Betty; Mike Brice; Gwen Evans Cc: MaryAnn Miller (Longview) Subject: Fw: GENERIC FRANCHISE AMENDMENT Please see the attached from Jim Boyle. Thank you, ,lariann Wood Legal Assistant i CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date �{ Y ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Possible Action Regarding a Preliminary Plat for Chisam Road Estates, Phase one -A Lot 33, Lot 34R4, Lot 34R-2 & Lot 35R, Block I.Property is Located on the Corner of Chisam Road and Interstate 35. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Please see attached Agenda Briefing STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Agenda Briefing & Preliminary Plat Prior Action/Review by Council, Boards, Commissions or Other Agencies: P&Z Approved 04/10/08 unanimously PLANNING AND ZONING COMMISSION TEXAS Meetin Date: 04-10-08 Prepared Samantha Renz 9 py: (Plat reviewed by Robert Woods, P.E. Subject: ! Chisam Road Estates — Preliminary Plat STAFF REVIEW COMMENTS: Zoning: This properly is in the ETJ, there is no zoning. The property owner submitted a Replat in order to sell the existing storage buildings. The buildings and fence were built over the property line. The Replat included a .25 acre area outside of the original plat; therefore that area could not be included in the replat without preliminary platting the lot that originally contained that .25 acre area. This preliminary plat was submitted in order to conform to the City's regulations, it is basically procedural, and approval is required prior to approval of the Replat/Final. TENTATIVE SCHEDULE: Planning & Zoning Commission: April 10, 2008 City Council: April 21, 2008 Recommendation: Staff recommends approval. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By. April 21, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date ,e.1/ ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Conduct Public Hearing to Consider a Final Plat of Chisam Road Estates Phase One -A Lot 34114, Lot 34R-2 and Lot 35R, Block 1. Being a Replat of Lots 34 and 35, Block 1, Chisam Road Estates, Phase One -A. Property is Located on the Corner of Chisam Road and Interstate 35. 2. Consider and Possible Action Regarding a Final Plat of Chisam Road Estates Phase One -A Lot 34R-1, Lot 34R=2 and Lot 35R, Block 1. Being a Replat of Lots 34 and 35, Block 1, Chisam Road Estates, Phase One -A. Property is Located on the Corner of Chisam Road and Interstate 35. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED [:]NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Please see attached Agenda Briefing STAFF OPTIONS & RECOMMENDATION Staff recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Agenda Briefing & Final Plat/Replat P&Z Approved 04/10/08 unanimously a� eh PLANN17VG AND ZONING COMMISSION TEXAS AGENDA BRIEFING Meeting Date. 04A M8 Prepared by: Samantha Renz (Plat reviewed by Robert Woods, P.E. Subject: i Chisam Road Estates — Final Plat/Replat STAFF REVIEW COMMENTS: Zoning: This property is in the ETJ, there is no zoning. The property owner submitted a Replat in order to sell the existing storage buildings. The buildings and fence were built over the property line. The Replat included a .25 acre area outside of the original plat; therefore that area could not be included in the replat without Preliminary and Final Platting the lot that originally contained that .25 acre area. This Plat includes both the Replat of the original 2 lots (Lots 34 and 35) ,along with the a Final plat of that .25 acre portion of the tract above it. TENTATIVE SCHEDULE: Planning & Zoning April 10, 2008 Commission: City Council: April 21, 2008 Recommendation: Staff recommends approval. 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The book drop was funded by the State's Loan Star grant, and patrons can use it without getting out of the car. It is handicapped accessible and will hold 250 items, so it shouldn't overflow, even on holiday weekends. ADMINISTRATION; Worked on getting a new website finished. You can see it while it is under construction at http://ntrls.tsl.state.tx,us/sanger. The Electric Department changed all of our floodlights to florescent lights. They are plenty bright, and will save energy costs. Meetings attended: ROSA workshop, 3/10, Sherman, attended by Lynne, Kandyce and Max Gaming in the Library, 3/13, Lewisville Denton County Library Advisory Board, 3/20, Sanger Other training: Library Privacy and Confidentiality online completed by Max ICS training for Vicky, Lynne and Kandyce (not yet completed) PUBLIC RELATIONS: For one week we were privileged to display a Memorial Wall for soldiers from Denton County who lost their lives in either Desert Storm or Desert Shield. PROGRAMS: Adult programs included a Crochet class, a Knitting class, the last "Computers for Beginners" class and a class called "Fast Food from Slow Cookers" The Storytime theme was "Science". During "Rocks" the children found polished rocks around the room, and were able to take one home. They also made dirt cake by pounding cookie "rocks" into dirt. Flashlight play was the highlight of the program on "Light". Paper helicopters were a big hit at the "Air" program. During the last program on "Plants" kids planted seeds in the library planters. BORROWER CARDS Last Month New Cards Cards reactivated TOTAL CIRCULATION Nonfiction Fiction Junior Fiction Children's Books Leased Books Interlibrary Loan Spanish Materials Audio Books Music CDs Video Materials Equipment Renewals TOTAL CIRCULATION INTERNET USERS PROGRAMS Children's Programs Children Attending Adults Attending Other Programs Number Attending VOLUNTEERS Number of Adults Number of Juniors Number of Hours COLLECTION Books Leased Books Paperback Fiction Audio Books Music CDs CD-ROM Videocassettes DVD Microfilm Equipment TOTAL COLLECTION REVENUE Fines Copies ILL Postage New Cards Lost Materials Miscelaneous TOTAL MARCH 2O08 STATISTICS 3307 49 13 3369 3495 70 16 3581 314 388 510 689 110 157 519 515 139 202 19 8 13 25 120 124 31 34 621 615 4 0 411 included above 2811 2757 811 755 6 7 85 86 38 41 4 4 37 24 1 4 6 9 46 52 15948 15461 184 175 2470 2504 562 585 364 404 142 200 878 902 318 444 71 75 3 4 20940 20754 $234.64 $202.70 $113.15 $135.25 $39.10 $16.48 2025 $1.50 $35.95 $20.00 $389,14 411.88 CAN -ri 2Y_ 13 County Extension Agent Lexie McGrane +; will present'."Fast Food with Slow =° Cookers" at Sanger Library March 13 It's 5:30 p.m., after a long and hec- tic day. Now, what's for dinner? Each day, millions of people are faced with this question. If no plans have been made, or if the person respon sible for cooking is tired or running late, fast food and home -delivered pizzas may start to look pretty good. While eating out occasionally is fine, meals eaten out tend to be less nutri- tious than those prepared at home. Frequent eating out can also strain a budset. How'does putting the ingredients in a slow cooker, leaving for work, and coming home to a great smell- ing, mouth watering dinner sound? The Sanger Public Library is here to help. Thursday, March 13th, at 6:30 p.m., Denton County Extension Agent Lexie McGrane will present "Fast Food with Slow Cookers", a program designed to assist time -re- stricted, nutrition -conscious, budget - minded individuals and families. B6 sides discussing the benefits and how- to's of using a slow cooker, she will demonstrate how to adapt favorite recipes and how to handle problems such as power outages. Agent McGrane will speak at the Sanger Public Library Thursday, iVl xch 13, at 6:30 p.m., bringing easy, delicious recipes, with samples, for slow cookers. For more information or to make a reservation phone 458- 3257 or come by the library at 501 Bolivar. Teen Knitting Club book available at Public Library Donators to be on hand March 15 Knitting is again becoming a popuIar hobby, and among [he "how- to" books on the subject is "Teen Knitting Club". The book makes a brief nod at history, but really begins with yarn: types, textures, weights, and how to read and utilize all the in- formation that comes on yam labels. Types and sizes of needles are ex- plained as well, as are various other accessories that can come in handv. Then the fun begins, with drawings and explanations of casting on (put- ting the beginning yam on the needle), knit and purl stitches, and photo- graphs of basic pattern stitches. Ma- neuvers such as increasing and de- creasing stitches are also explained and illustrated, To learn how to knit or -en joy some new patterns, check out the not - just -for -teens book, "Teen Knitting Club", available now at Sanger Pub- lic Library. The book was donated by knitters Kris Elliott and Betty Kay Seibt, who recently taught a series of free knitting classes at the library. They will be returning to the library to give more personalized instruction or help with a knitting problem or new technique. Kris Elliott and Betty Kay Seibt wiIt be at the library on Saturday, March 15, at 10 a.m. All ages and skill levels are welcome, and in -class supplies are free. For more informa- tion, come by the library at 501 Bolivar, or phone 458-3257. 1 S ^th it ¢ L ! ht Y d 3 CIT tAz