11/17/2003-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONVAY, INVEMBER 17, 2003
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: November 3, 2003
b) Disbursements
3. Citizen's Input.
4. Consider and Possible Action on a Temporary License Agreement and Sidewalk Sales
Ordinance,
5. Conduct First Public Hearing on the Following Proposed Annexations:
ABSTRACT 1241, TRACT 3, BEING 83.720 ACRES IN DENTON COUNTY TEXAS;
AND
METZ ESTATES, BLOCK 1, LOTS 1-6, AS RECORDED IN THE DEED RECORDS OF
DENTON COUNTY, TEXAS; AND
ABSTRACT 1241, TRACT 65A (1), BEING 1.4132 ACRES IN DENTON COUNTI' TEXAS; AND
ABSTRACT 1241, TRACT 67, BEING 0.057 ACRES IN DENTON COUNTY TEXAS; AND
ABSTRACT 1241, TRACT 8, BEING 242.275 ACRES IN DENTON COUNTY TEXAS; AND
ABSTRACT 1241, TRACT 330, BEING 390.387 ACRES IN DENTON COUNTY TEXAS.
6. Consider and Possible Action on Ordinance #11-34-03 -Amending Zoning Ordinance
Relative to Mobile Homes, HUD -Code Manufactured Homes, and Industrialized Housing.
7. Adjourn.
Pursuant to the Texas Open
the above items may be cor
decision or vote on such in..
executive session.
Act, Chapter 551, Texas Government Code, one or more of
,txecutive session closed to the public. Any final action,
I' be made., 'on open session following the conclusion of the
kk)L C^ ,
Rosalie Chavez, City Set etary
& Time Posted
This facility is wheelchair• accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hows prior to this meeting. Please contact the City
Secretary's office at (940) 458-7930 for nu-ther information.
MINUTES: CITY COUNCIL.
NOVEMBER 3, 2003
PRESENT: Mayor Pro-Tem Andy Garza, Councilman Mike James, Councilman Joe Higgs,
Councilman Glenn Ervin
ABSENT: Mayor Tommy Kincaid, Councilman Jimmy Evans
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Code Enforcement Officer Danny Cockrell, Electric Superintendent Mike
Prater, Parks Foreman Nathan Sprabary, Candace Murphree, Sheri Knowles,
Doris Garner, Alice Madden, Elizabeth Higgs, Laverne Schertz, Peggy Sanford,
Chris Bengston, Liz Springer, John Springer, Carolyn Frazier, Tine Jernigan,
Greg Russell, Jeanice Newton, Mike Dobrovolsky, Grace Garza
1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, Councilman
Garza led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: October 13, 2003 - Special Called
October 20, 2003
b) Disbursements
Councilman James moved to approve the Consent Agenda. Councilman Ervin
seconded, Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on Keep Sanger Beautiful Presentation Regarding
"Welcome to Sanger" Entrances.
Elizabeth Higgs, 218 Hillcrest, addressed the Council concerning the "Welcome to
Sanger" entrances. She gave the Council a Fall Update showing the projects the Keep
Sanger Beautiful Board is doing this Fall. She wanted to share the concerns of the Keep
Sanger Beautiful Board. She indicated they appreciated the support of the City
employees, but expressed concerns regarding the maintenance of the entrances into
Sanger. Sanger citizens and visitors are proud of the entrances. The City cannot
make a good first impression with poor maintenance of the area. It has been difficult
to get proper care to these areas, there is an underground system for watering. The
mowing and weed eating on the entrances has not been up kept either. The Chisam
entrance is grown up with bermuda grass. The grass needs to be chemically taken care
of or pulled up at the roots. The Keep Sanger Beautiful Board is in the process of
adding an American Flag to each entrance, and the lighting, that had been agreed upon
previously, will need to be installed. The board has met with TXDOT engineers and
the location of the flags has been approved. They are now needing Council approval
for placement of the flags at the entrances. She asked that the Council check into the
maintenance at the entrances, the progress of the lighting and to give the board
approval for the addition of the flags.
Mike Prater, Electric Superintendent, gave a summary of what was needed for the
lighting. Now that they have started the new budget year, they will be able to start
work on it again.
Discussed lighting.
Danny Cockrell indicated he had been discussing the maintenance with John, they have
purchased a small tiller in order to be able to get into the area.
Nathan Sprabary indicated they did not have resources to carry water and hook it up
in these areas. They have to borrow the booster truck from the fire department. They
have to make three different trips to water, and it takes about half a day each time.
During the summer, they tried to water it three times a day. They water each chance
they get. He showed pictures and indicated there were three dead shrubs. Everything
eIse is green. There were complaints about bushes on the South side. They are just
losing their leaves. They are still alive. It's difficult to keep these areas watered with
the current lack of resources. They are doing their best to keep it watered.
Councilman James suggested they use low maintenance plants in these areas.
Councilman James moved to allow the Keep Sanger Beautiful Board to proceed with
installation of flags in the entry ways. Councilman Garza seconded. Motion carried
unanimously.
5. Consider and Possible Action on Interlocal Agreement with Denton County for Library
Services.
City Manager indicated the Library Director had looked at the agreement and
approved it.
Councilman Higgs moved to accept the Interlocal Agreement, Councilman James
seconded. Motion carried unanimously.
6. Consider and Possible Action on Resolution #11-13-03 -Casting Votes for Candidate
to the DCAD Board of Directors
City Secretary indicated there is a list of people who were nominated. The Council, at
this time, needs to cast the votes for one of the people on the list.
Councilman James moved to cast all 10 votes for Wayne Gillum. Councilman Ervin
seconded. Motion carried unanimously.
7. Consider and Possible Action on Pro -Rate Agreement with SangerISM
City Manager indicated the contract was drawn up by the City Attorney, it includes
numbers that were computed by the City Engineer. There are only two properties that
may possibly use that line. They have a contract with Sable that he can use the line
without paying. The only other person that may tie on in the future is Jim Conley. He
will only have to 4.7% if he ties into it.
Councilman Higgs moved to accept the Pro -Rats Agreement for Sanger ISD.
Councilman Ervin seconded. Motion carried unanimously.
8. Consider and Possible Action on "No Smoking" Policies in City Vehicles and City
Property,
City Manager indicated Councilman Ervin had requested this item be placed on the
agenda. This is not for the public, it is for the employees.
Councilman Ervin indicated he felt it was a good idea. The City of Denton put it into
effect in the vehicles because one employee may drive the vehicle and smoke in it and
it would cause the next driver to become ill.
City Secretary asked that they reconsider Section "H" if they consider the policy. The
city does not have a program to help with drugs or alcohol because of the cost, and a
program to help with nicotine addiction would be costly as well.
Councilman Ervin asked if all of the City buildings were smoke -free.
City Secretary indicated they do smoke in the break room at the barn.
Danny Cockrell indicated he felt they were infringing on their rights and
discriminating against them because they smoke. He is the only one in his vehicle and
he did not feel he was harming anyone else. He asked the City Secretary if she had
received any complaints regarding this.
City Secretary indicated she had not received any complaints from employees or
citizens.
Discussion regarding the city vehicles.
Sheri Knowles indicated she is a smoker and there is not a break room for her to smoke
in. She already goes outside, and now they want them to go even further away from
the door. She expressed concerns regarding what they would do when it rained or was
cold. She felt they were being punished because they smoke.
Nathan Sprabary indicated he rides in a truck with two guys, and they don't complain
about him smoking. If they did complain, he would not smoke in the vehicle. This is
Sanger, and they have not had a complaint about smoking. He did not feel that Sanger
Elul
should do it just because someone else did it. He thought it was a bad idea.
Chris Bengston indicated she understood not smoking where the public entrances are,
but did not feel it should matter at the rear entrances.
Discussion continued.
Councilman James indicated he did not feel it was necessary to change the current
policies if they have not had any complaints. He did feel there would be a point in the
future that this will happen.
Mike Prater, Electric Superintendent, indicated he does not allow his department to
smoke inside the vehicles or in their break room. He asked if it was going to be a
problem for him to set separate rules for his department.
Councilman James and Councilman Garza both indicated they felt he could set rules
for his department.
Councilman Garza indicated he would like to leave the policies as they are.
Councilman Higgs moved to leave the policies as they are.
seconded. Motion carried unanimously.
9. Meeting Adjourned.
Councilman James
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November 13, 2003
To: Honorable Mayor and City Council
Fr: City Secretary/Assistant City Manager Rose Chavez
Re: Temporary License Agreements
There are two agreements attached. The first one is for businesses to lease the sidewalk in front of
their business. The second one is for non -business owners such as the Chamber of Commerce,
Lion's Club, etc. Both agreements have a start and end date as discussed.
One thing staff will need direction on is whether or not the Council would like to act on the
agreements when the request is made or if they would like staff to issue the license agreement.
oaoz �
STATE OF TEXAS §
COUNTY OF DENTON §
TEMPORARY LICENSE AGREEMENT
THIS AGREEMENT is made by and between CITY of SANGER, Texas (hereinafter
referred to as "CITY") and (hereinafter collectively referred to as
"LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE owns the real property improvements located `af
depicted on Exhibit "A", attached hereto and incorporated herein
as set forth in full; and
WHEREAS, LICENSEE desires to construct or caused to be constructed or placed
temporary structures, furniture or furnishings (hereinafter referred to as the "PERMITTED
IMPROVEMENTS") within CITY right -of --way as shown on the attached Exhibit "A"; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
right -of --way for LICENSEE to maintain such PERMITTED RVIPROVEMENTS for a limited
time as specified herein;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose: CITY hereby grants LICENSEE a Temporary License for the purpose of
maintaining and using the "PERMITTED 1MPROVEMENTS" encroaching on the CITY right-
of-way as depicted on Exhibit "A", provided LICENSEE removes all such PERMITTED
N PROVEMENTS as shown on the said Exhibit "A" no later than _p.m. on the _ day of
20 and restores the right -of --way to its current condition. No permanent
improvements to the CITY right -of --way shall be permitted.
2. Term: The term of this License shall begin on the day of 20_ and
terminate, unless sooner terminated as provided herein, on the day of 20_.
3. Exclusive: This License is for the exclusive use of LICENSEE during the term hereof and
may not be assigned, but is subject to any existing or future utility, drainage, or communications
facilities located in or to be located in, on, under or upon such right -of --way depicted in Exhibit
«A„
4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
Temnnrary T.icerne As�reement - Pa.ue 1 0 (1 ri 9 r S9R70
liability act of 1980 ("CERCLA'), the resource conservation and recovery act of 1976
("RCRA'), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE
warrants that the PERMITTED use of the property will not result in the disposal or other release
of any hazardous substance or solid waste on or to the property, and that he will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto
the property or adjoining property by LICENSEE. The terms "hazardous substance and waste"
shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose)
shall have the meaning specified in the RCRA; provided, however, that in the event either
CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such
broader meaning shall apply subsequent to the effective date of such amendment; and provided
further, at the extent that the laws of the State of Texas establish a meaning for hazardous
substance, release, solid waste, or disposal Which is broader then that specified in the CERCLA
or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY
harmless against all costs, environmental clean up to the property and surrounding CITY
property resulting from LICENSEE' use of the property under this License.
S. Mechanic's liens not uermitted: LICENSEE shall fully pay for all labor and materials
used in, on or about the property and will not permit or suffer any mechanic's or material man's
liens of any nature to be affixed against the property by reason of any work done or materials
furnished to the property at LICENSEE's instance or request.
6. CITY use: This License is made expressly subject and subordinate to the right of CITY
to use the property for any public purpose whatsoever. In the event that CITY shall, at any time
subsequent to the date of this Agreement, at its sole discretion, determine that the relocation or
removal of the PERMITTED RvIPROVEMENTS and/or the termination of this License shall be
necessary or convenient for CITY or public use of the property, LICENSEE shall at his sole cost
and expense make or cause to be made such modifications or relocate or remove said
PERMITTED RvTROVEMENTS, as directed by the City Manager, so as not to interfere with
the CITY or CITY assigns use of the property. A minimum of three (3) days' written notice for
the exercise of the above action shall be given by CITY and LICENSEE shall promptly
commence to make the required changes or removal and complete such action as quickly as
possible or reimburse CITY for the cost of making such required changes or removal.
7. Duration of License: This License shall terminate and be of no further force and effect
at the end of the term hereof, in the event LICENSEE shall discontinue or abandon the use of the
PERNIITTED RvIPROVEMENTS, or in the event LICENSEE shall remove the PERMITTED
WROVEMENTS from the property during the term hereof, or upon termination by CITY as
provided herein, whichever event first occurs.
8. Compliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
9. Indemnification: Insurance: LICENSEE shall defend, protect and keep CITY forever
harmless and indemnified against and from any penalty, or any damage, or charge, imposed for
Temn�rary T,icen�e Agreement - Pane � S9R'7�
any violation of any law, ordinance, rule or regulation arising out of the use of the property by
the LICENSEE, whether occasioned by the neglect of LICENSEE, his employees, officers,
agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times
defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold
CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's
fee, arising out of or from any accident or other occurrence on or about the property causing
personal injury, death or property damage resulting from use of property by LICENSEE, his
agents, employees, customers and invitees, except when caused by the willful misconduct or
negligence of CITY, its officers, employees or agents, and only then to the extent of the
proportion of any fault determined against CITY for its willful misconduct or negligence.
LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and
from any and all loss, cost damagP, or PXpense, including attorney'S fees arising out of nr fr�irri
any and all claims or causes of action resulting from any failure of LICENSEE, his employees,
agents, contractors or assigns in any respect to comply with and perform all the requirements and
provisions hereof. LICENSEE shall provide CITY evidence of public liability and property
damage insurance in minimum amounts equal to CITY's liability under the Texas Tort Claims
Act and such coverage shall include CITY as an additional insured.
10. Action upon termination: At such time as this License may be terminated for any
reason whatsoever, LICENSEE shall remove all PERMITTED MPROVEMENTS and
appurtenances owned by him, situated on the CITY right-of-way and shall restore such property
to substantially the condition of the property prior to LICENSEE's use, at LICENSEE's sole
expense.
11. Termination: This Agreement maybe terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE three (3) days' prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement,
d. By the CITY abandoning any interest in the right-of-way.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to a party at the address set
forth opposite his or its signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
13. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney's fees from the non -prevailing
Ply.
14. Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Denton County, Texas.
0 0♦ 0
Temnorary License Agreement - Pa pre 3 59R70
u
15. Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, and successors.
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
17. Recitals: The recitals to this Agreement are incorporated herein by reference.
1 R I,�.�ra� Congtd'::�ti�n: The provisions of th.s Agreement are herv'by declared c`v'venants
running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any
person who acquires any right, title, or interest in or to the property, or any part hereof, thereby
agrees and covenants to abide by and fully perform the provisions of this agreement with respect
to the right, title or interest in such property.
EXECUTED this day of , 20_
ACCEPTANCE ACKNOWLEDGED BY:
CITY OF SANGER, TEXAS
ATTEST:
By:
CITY SECRETARY
LICENSEE:
By:
Temn�rary T,icen�e As�reement -Pane 4 S9R7�
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS § -
§
C OlJf NTV. OF DENTON §
This instrument was acknowledged before me on the day of , 20_,
by Mayor of the City of Sanger, Texas, a Texas home rule municipality,
on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
20_, by LICENSEE.
Notary Public, State of Texas
My Commission expires:
Temnnrary T,icenee Asrreement - Paue .5
59R7�
STATE OF TEXAS §
COUNTY OF DENTON §
TEMPORARY LICENSE AGREEMENT
THIS AGREEMENT is made by and between CITY of SANGER, Texas (hereinafter
referred to as "CITY") and (hereinafter collectively referred to as
"LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE desires to use CITY street right-of-way
and depicted on Exhibit "A", attached hereto and
herein as set forth in full; and
ln�ated + at
incorporated
WHEREAS, LICENSEE desires to construct or caused to be constructed or placed
temporary structures, furniture or furnishings (hereinafter referred to as the "PERMITTED
NTROVEMENTS") within such right-of-way; and
WHEREAS, LICENSEE has requested
right -of --way for LICENSEE to maintain such
time as specified herein;
the CITY allow the use and occupancy of the
PERMITTED IMPROVEMENTS for a limited
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose: CITY hereby grants LICENSEE a Temporary License for the purpose of
maintaining and using the "PERMITTED MIFROVEMENTS" encroaching on the CITY street
right -of --way as depicted on Exhibit "A", provided LICENSEE removes all such PERMITTED
WROVEMENTS as shown on the said Exhibit "A" no later than _p.m. on the _ day of
20 and restores the right -of --way to its current condition. No permanent
improvements to the CITY right -of --way shall be permitted.
2. Term: The term of this License shall begin on the _day of
shall terminate as provided
herein.
20_, and
3. Exclusive: This License is for the exclusive use of LICENSEE and its sub -licensees
during the term hereof, but is subject to any existing or future utility, drainage, or
communications facilities located in or to be located in, on, under or upon such right -of --way
depicted in Exhibit "A".
4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the Comprehensive Environmental Response, Compensation and
Temnnrary License Aureement - Pafye 1 599R7
Liability act of 1980 ("CERCLA"),
("RCRA'), the Texas Water Code
LICENSEE
warrants that the use of the property will not result in the disposal or other release of any
hazardous substance or solid waste on or to the property, and that it will take all steps necessary
to ensure that no such hazardous substance or solid waste will ever be discharged onto the
property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall
have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall
have the meaning specified in the RCRA; provided, however, that in the event either CERCLA
or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and provided further,
at the extent that the laws of the State of Texas establish a meaning for hazardous substance,
release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA,
such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
LICENSEE' use of the property under this License.
and the Texas Solid
the Resource Conservation and Recovery Act of 1976
Waste Disposal Act.
5. Mechanic's liens not permitted: LICENSEE shall fully pay for all labor and materials
used in, on or about the property and will not permit or suffer any mechanic's or materialman's
liens of any nature to be affixed against the property by reason of any work done or materials
furnished to the property at LICENSEE's instance or request.
6. CITY use: This License is made expressly subject and subordinate to the right of CITY
to use the property for any public purpose whatsoever. In the event that CITY shall, at any time
subsequent to the date of this Agreement, at its sole discretion, determine that the relocation or
removal of the PERMITTED RvIPROVEMENTS and/or the termination of this License shall be
necessary or convenient for CITY or public use of the property, LICENSEE shall at his sole cost
and expense make or cause to be made such modifications or relocate or remove said
PERMITTED IMPROVEMENTS, as directed by the City Manager, so as not to interfere with
the CITY or CITY assigns use of the property. A minimum of three (3) days' written notice for
the exercise of the above action shall be given by CITY and LICENSEE shall promptly
commence to make the required changes or removal and complete such action as quickly as
possible or reimburse CITY for the cost of making such required changes or removal.
7. Duration of License: This License shall terminate and be of no further force and effect
at the end of the term hereof, in the event LICENSEE shall discontinue or abandon the use of the
PERMITTED IMPROVEMENTS, or in the event LICENSEE shall remove the PERMITTED
M'ROVEMENTS from the property during the term hereof, or upon termination by CITY as
provided herein, whichever event first occurs.
8. Compliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
9. Indemnification; Insurance: LICENSEE shall defend, protect and keep CITY forever
harmless and indemnified against and from any penalty, or any damage, or charge, imposed for
Temnnrary Liceme Agreement - Paue 2 .599R7
any violation of any law, ordinance, rule or regulation arising out of the use of the property by
the LICENSEE, whether occasioned by the neglect of LICENSEE, its sub -licensees, employees,
officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at
all times defend, protect and indemnify and it is the intention of the parties hereto that
LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense,
including attorney's fee, arising out of or from any accident or other occurrence on or about the
property causing personal injury, death or property damage resulting from use of property by
LICENSEE, its sub -licensees, agents, employees, customers and invitees, except when caused by
the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to
the extent of the proportion of any fault determined against CITY for its willful misconduct or
negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless
against and from any and all loss, cost, damage, or expense, including attorney's fees arising out
of or from any and all claims or causes of action resulting from any failure of LICENSEE, its
sub -licensees, employees, agents, contractors or assigns in any respect to comply with and
perform all the requirements and provisions hereof. LICENSEE shall provide CITY evidence of
public liability and property damage insurance in minimum amounts equal to CITY's liability
under the Texas Tort Claims Act and such coverage shall include CITY as an additional insured.
10. Action upon termination: At such time as this License may be terminated for any
reason whatsoever, LICENSEE shall remove all PERMITTED R*APROVEMENTS and
appurtenances owned by it or its sub -licensees, situated on the CITY right-of-way and shall
restore such property to substantially the condition of the property prior to LICENSEE's use, at
LICENSEE's sole expense.
1 1. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE three (3) days' prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
d. By the CITY abandoning any interest in the right-of-way.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to a party at the address set
forth opposite its or its signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
13. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court costs and reasonable attorney's fees from the non -prevailing
party.
14. Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Denton County, Texas.
U 03
Temnorary T Aceme Agreement - Papre 3 59997
15. Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, and successors.
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
17. Recitals: The recitals to this Agreement are incorporated herein by reference.
1 R: Leal cnnstruction� The pr�visinns of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors and assigns of LICENSEE who
acquire any right, title, or interest in or to the property or any part thereof. Any person who
acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and
covenants to abide by and fully perform the provisions of this agreement with respect to the
right, title or interest in such property.
EXECUTED this day of , 20_.
CITY OF SANGER, TEXAS
By:
MAYOR
ATTEST:
CITY SECRETARY
LICENSEE:
By:
Temn�rary T.icenee Agreement - Page 4 .599R7
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON
This instrument was acknowledged before me on the
day of , 20_,
by Mayor of the City of Sanger, Texas, a Texas home rule municipality,
on behalf of said municipality.
My Commission Expires:
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
vs
COUNTY OF DENTON §
This instrument was acknowledged before me on the
20_, by
LICENSEE.
Notary Public, State of Texas
My Commission expires:
Temnnrary T.icen�e Agreement - Paue 5
.599R7
November 13, 2003
To: Honorable Mayor and City Council
Fr: City Secretary/Assistant City Manager Rose Chavez
Re: Annexation
This is the first public hearing on the proposed annexations. A map is attached.
A. ABSTRACT 1241, TRACT 3, BEING 83.720 ACRES IN DENTON COUNTY TEXAS;
AND
B. METZ ESTATES, BLOCK 1, LOTS 1-6, AS RECORDED IN THE DEED RECORDS OF
DENTON COUNTY, TEXAS; AND
C. ABSTRACT 1241, TRACT 65A (1), BEING 1.4132 ACRES IN DENTON COUNTY TEXAS;
AND
D. ABSTRACT 1241, TRACT 67, BEING 0.057 ACRES IN DENTON COUNTY TEXAS; AND
E. ABSTRACT 1241, TRACT 8, BEING 242.275 ACRES IN DENTON COUNTY TEXAS; AND
F. ABSTRACT 1241, TRACT 330, BEING 390.387 ACRES IN DENTON COUNTY TEXAS.
?I
�i
November 13, 2003
To: Honorable Mayor and City Council
Fr; City Secretary/Assistant City Manager Rose Chavez
Re: Ordinance #11-34-03
This ordinance amends the deftnitions in our ordinance as required by the Texas Occupations Code.
It was recommended and drafted by the City Attorney.
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Robert L. Dillard, III
rdillard@njdhs.com
City of Sanger
201 Bolivar Street
P.O. Box 1729
Sanger, Texas 76266
Dear Samantha:
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214)965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com
October 30, 2003
ROBERT L. DILLARD. JR. (1913.2000)
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
Enclosed please find an ordinance which would amend the zoning ordinance relative to
mobile homes, HUD -Code manufactured homes and industrialized housing.
The definitions incorporated in this ordinance are required by Chapters 1201 and 1202 of
the Texas Occupations Code. The definitions of mobile home, HUD -Code manufactured home
and manufactured housing contained in Chapter 1201 are binding as a matter of law on the city.
A mobile home is not a HUD -Code manufactured home and a HUD -Code manufactured home is
not a mobile home for any purpose under state law. Those terms may not be defined in a manner
that is not identical to the definition provided by Section 1201.003.
Under Section 1201.008, a city may prohibit the installation of a mobile home for use as
a dwelling. This prohibition is prospective and may not apply to a mobile home previously
legally permitted by and used as a dwelling in the city. If a mobile home is replaced by a HUD -
Code Manufactured Home in the city, the city shall grant a permit for use of a manufactured
home as a dwelling. The city shall permit installation of a HUD -Code manufactured home for
use as a dwelling in the area determined appropriate by the city, including a subdivision, planned
unit development, single lot, and rental community or park. I have amended the ordinance so as
to allow a park containing mobile homes, HUD -Code manufactured homes or industrialized
housing in an MH4 district. I believe this is consistent with Section 1201.008 of the
Occupations Code.
As I previously advised you, the city is limited in its regulation of industrialized
(modular) housing only insofar as the construction and building regulations are concerned. The
city retains all power with regard to industrialized housing with regard to land use and zoning
requirements, setbacks, and so forth.
Under the Occupations Code, the term "manufactured housing" means aHUD-Code
manufactured home or a mobile home. It does not include industrialized or modular housing.
Samantha Renz
Page 2
I believe that the Planning and Zoning Commission and the City Council will have to
determine the policy issues raised in section 20 of the zoning ordinance. Since they can prohibit
mobile homes, that term can be deleted from section 20 and mobile homes prohibited in the city.
If not, any of the three types of housing described can be placed in an MH-1 District.
In addition to the limitations in the zoning ordinance as to the placement and location of
these types of housing, Section 3.1800 of the Code of Ordinances contains regulations dealing
with HUD -Code manufactured home parks. The definitions contained therein are up to date in
accordance with the Occupations Code. The state law reference in the Code -of Ordinances is to
a prior statute dealing with manufactured housing, Article 5221(f). This has now been codified
into the Occupations Code along �,��ith the provisions of Article s221(f)-1 dealing ��:�ith
industrialized housing. I have included a reference in the zoning ordinance to Article 3.1800
insofar as it regulates HUD -Code manufactured home parks. I note in there that mobile homes
are not allowed in a HUD -Code manufactured home park. I recommend that the city retain
Article 3.1800 in its present form, provided all those concerned understand the difference
between a "mobile home" and a "HUD -Code manufactured home" as outlined in this letter and
in the enclosed zoning ordinance.
Please let me know if you have any questions or require any changes in the form of the
ordinance.
RLD/jh
Encls.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
rHAGE f SM�TH,��P�
Robert L. Dillard, III
�..• � �
���1
NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P.
60191
CITY OF BANGER, TEXAS
MIL
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS
HERETOFORE AMENDED, BY AMENDING SECTION 20 "MH-1" MOBILE HOME,
HUD -CODE MANUFACTURED HOME AND INDUSTRIALIZED HOUSING
DISTRICT; PROVIDING REGULATIONS FOR MOBILE HOME PARKS, HUD -CODE
MANUFACTURED HOME PARKS AND INDUSTRIALIZED HOUSING PARKS;
PROVIDING DEFINITIONS, PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; 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 FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Sanger and the City
Council of the City of Sanger, in compliance with the laws of the State of Texas with reference to
the granting of zoning classifications and changes, have given the requisite notices by publication
and otherwise, and have held due hearings and afforded a full and fair hearing to all property
owners generally and to all persons interested and situated in the affected area and in the vicinity
thereof, and the City Council of the City of Sanger is of the opinion and fords that a zoning
change should be granted and that the Comprehensive Zoning Ordinance and Map should
be amended; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
SECTION 1. That section 20 of the Comprehensive Zoning Ordinance of the City of
Sanger, Texas, Chapter 14 of the Code of Ordinances, be, and the same is hereby, amended in
part as follows:
"SECTION 20
"MH-1" MOBILE HOME, HUD -CODE MANUFACTURED HOME,
MANUFACTURED AND INDUSTRIALIZED HOUSING DISTRICT
General Purpose and Description: The MH4 District is intended to provide for quality
mobile home, HUD -Code Manufactured Home, and Industrialized Housing
Development, containing many of the characteristics and atmosphere of the standard
single-family subdivision.
20.1 Use Regulations: A building or premise shall be used only for the following
purposes:
1. A mobile home.
2. HUD -Code Manufactured Home.
3. Industrialized housing.
4. Mobile home park, HUD -Code Manufactured Home Park and Industrialized
Housing Park, with such uses normally accessory thereto, including an office and/or
maintenance building the management and maintenance of the park only, recreation
buildings and swimming pools, private club, laundry facilities, storage facilities and
recreation areas for use by the residents of the park. A "park" is defined as a unit of
land under sole ownership where lots are rented or leased as space to be occupied by
the described housing. A HUD -Code manufactured home park may not contain a
mobile home. See Section 3.1800 of the Code of Ordinances.
5. Other uses as listed in section 30 of this ordinance.
20.3 Area Regulations:
b. Side Yard: ten feet (10') minimum, with 30 feet (30') minimum between
homes;
20.5 Additional Restrictions Applicable to MH-1 District:
1. Manufactured housing and industrialized housing design and construction will
comply with construction and safety standards of the Department of Housing and Urban
Development or the Texas Industrialized Building Code Council, as applicable, and all
such housing will be subject to inspection by the building official in accordance with
such construction and safety standards.
2. All homes shall be set on solid slab structures and/or eighteen inch (18") to
twenty inch (20") runners. Additional rooms and enclosed porches shall be constructed
on a solid slab.
6. All homes shall comply with all regulations of the State of Texas and such
regulations are hereby incorporated into this section."
SECTION 2. That Section 42.2 "Special Definitions" of the Comprehensive Zoning
Ordinance be, and the same is hereby, amended in part as follows:
"42.2 Special Definitions
Except to the extent a particular provision specifies otherwise, the following definitions
shall apply throughout this ordinance:
HUD -Code Manufactured Home — means a structure constructed on or after June 15,
1976, according to the rules of the United States Department of Housing and Urban
Development, which is built on a permanent chassis, designed for us as a dwelling with
or without a permanent foundation when the structure is connected to the required
utilities, transportable in one or more sections, and, in the traveling mode, is at least eight
body feet (8') in width or at least forty body feet (40') in length or, when erected on site,
at least 320 square feet. A home includes the plumbing, heating, air conditioning and
electrical systems of the home and does not include a recreational vehicle as defined by
applicable federal regulations.
54B Industrialized Housing — is a residential structure that is:
(1) Designed for the occupancy of one or more families;
(2) Constructed in one or more modules or constructed using one or more
modular components built at a location other than the permanent site; and
(3) Designed to be used as a permanent residential structure when the module
or modular component is transported to the permanent site and erected or
installed on a permanent foundation system.
Industrialized Housing includes the structure's plumbing, heating, air
conditioning and electrical systems. Industrialized housing does not include
housing constructed of a sectional or panelized system that does not use a
modular component or a ready -built home constructed in a manner in which the
entire living area is contained in a single unit or section at a temporary location
for the purpose of selling and moving the home to another location.
71. Reserved.
73. Mobile Home — means a structure constructed before June 15, 1976, which is
built on a permanent chassis, designed for use as a dwelling, with or without a
permanent foundation, when the structure is connected to the required utilities,
which is transportable in one or more sections, and which, in the traveling mode,
is at least eight body feet (8') or at least forty body feet (40') in length or, when
erected on site, is at least three hundred and twenty square feet, and includes the
plumbing, heating, air conditioning, and electrical systems of the home.
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. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of Sanger, and upon conviction shall be punished by a fine not to
exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. This ordinance will take effect immediately from and after its passage, as
the law and Charter in such cases provide.
J
DULY PASSED, APPROVED, AND ADOPTED, this the day of
2003 by the City Council of the City of Sanger, Denton County, Texas.
OVED AS TO FORM:
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APPROVED:
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
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Water/Wastewater:
The Administration Bung for the Wastewater Plant is complete.
Streets/Parks:
We are now publishing a weekly Street Construction Report at the
Request of Councilman Ervin, that advises the citizens of the current
status on construction/rehabilitation projects.
There is lime stabilization on Oak Street, Wood Street and Marshall
Street. If the weather permits, they should start curb work next week.
Interest Items:
Miguelito's - Apre-construction conference was held on November 12,
2003. They should be requesting a building permit within the next week.
Lake Ridge Estates Development -infrastructure improvements have
been started.
Kelly Saw and Tool — Mr. Kelly has indicated he would like to be open
next Spring. We should see him begin construction soon,
Homes are being built in Ranger Creek Estates and Quail Run Addition.
The plat for the second phase of Quail Run has been submitted.
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