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11/02/2003-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, NOVEMBER 3, 2003 7*00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: October 13, 2003 - Special Called October 20, 2003 b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action on Keep Sanger Beautiful Presentation Regarding "Welcome to Sanger" Entrances. 5. Consider and Possible Action on Interlocal Agreement with Denton County for Library Services, 6. Consider and Possible Action on Resolution #11-13-03 -Casting Votes for Candidate to the DCAD Board of Directors 7. Consider and Possible Action on Pro -Rats Agreement with Sanger ISD. 8. Consider and Possible Action on "No Smoking" Policies in City Vehicles and City Property, 9. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the conclusion of the executive session. Time Posted 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) 4584930 for further information. MINUTES: CITY COUNCIL OCTOBER 13, 2003 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Streets/Parks Superintendent John Henderson, Code Enforcement Officer Danny Cockrell, Court Administrator Christy Punches, Police Chief Curtis Amyx, City Engineer Mark Owens, John and Liz Springer, Groish Hedge, Anthony Goode, C.G. McNeill, Brenda Amyx, Chris Bengston, Dixie Taylor, R T "nhrnvnlclry Challnv Rnland T.annv Griaanm_ CtPnhen Anward_ .Tack "O"a �..,....,....�..�, "AAW.j sue...»..», --„- j �--- W, _.--r—_ - - - --- Dawson, Greg Russell, Mike Dobrovolsky, Ken Perry, Mike Prater, Grace Garza 1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, followed by Councilman Ervin leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 15, 2003 Councilman Evans moved to approve the Consent Agenda, Councilman Higgs seconded, Motion carried unanimously. 3. Citizen's Input. Steve Howard, Developer for Quail Run, indicated there was a misconception regarding the masonry requirements. He indicated they were trying to get some clarification on the definition of masonry material. They wish to use hardy pank on the exterior of the homes in Quail Run. Mayor indicated this issue came up previously, and the developer proposing it was told that he could not use hardy plank. City Manager indicated he did not put it on the agenda, but they could put it on the next agenda. Council agreed to put it on the agenda for clarification of masonry materials. 4. Consider and Possible Action on Presentation from Downtown Merchants regarding Sidewalk Sales. Christine Bengston, owner of Radio Shack at 410 Bolivar St., addressed the Council regarding the sidewalk sales ordinance. She indicated there was an issue at the Sanger Sellabration regarding the Downtown Merchants selling on the sidewalk. She felt it was not the intention of the ordinance to hinder local business. They have had sidewalk sales in the past with no confrontation. At the Sellabration they were presented with 0000 � the ordinance and told to remove their items from the sidewalk. They did comply with the request; however, felt the only reason the request was made was for the Chamber of Commerce to collect the $60.00 fee from the businesses. Lanny Grissom, President of the Chamber, had indicated to her that this was to create a fair playing field for all involved. She indicated that she felt that closing the street in front of her business for an entire day was a hindrance to her and that her regular customers were unable to access her business. In the past, when Walker Texas Ranger filmed in Sanger, and they closed Bolivar Street, she came to the City Council and was advised to send a bill to the production company. She sent the bill and it was paid. She asked that Council make the same recommendation regarding this incident. She requested they consider adding the amendment as follows. "except that any business in a commercially zoned area may hold a sidewalksale in front of their respective business." Mike Dobrovolsky, Sanger General Store at 412 Bolivar, indicated he felt it was a good time to revise or repeal the ordinance. He felt it was used for someone's personal means. This has been blown out of proportion. He felt that his business and other businesses on that street were targeted unfairly. He requested the ordinance be re- written to allow them to use the property in front of their businesses. B.J. Dobrovolsky, resident, indicated she wanted to state the facts. She indicated that Sanger General Store did not have anything set out in front of their store. The Bolivar Baptist church was giving away water in front of the store. They had paid for a booth, but were told they needed to pay an additional fee to be at this location. She felt they were saying that the police would turn their head the other way regarding the City ordinance if they paid the $60.00 fee. The ordinance has been in force since 1992. It was broken last October by the Chamber of Commerce, and broken by some of the merchants. They were not aware of the ordinance. It seems as they its according to who you know and who you are as to whether or not you have to abide by the ordinance. She continued to discuss situations with downtown merchants and the Sanger Sellabration. Mayor moved to next item prior to action. 5. Consider and Possible Action on Chamber of Commerce Presentation. Lanny Grissom, Chamber President, indicated he agreed that the ordinance does need to be clarified. It was not City Police who were enforcing the ordinance, it was security guards. The merchants were asked to pay a fee for the booth. The Chamber members' fee was reduced. The first issue that they have is that other businesses in Sanger move their wares to the square for the Sellabration. The Sellabration happens downtown, if it did not and these merchants wanted to participate they would have to pay a fee as well. The second issue they have is the liability. Until two years ago, the insurance of the Sellabration was included with the City. Now they have to purchase their own insurance. The Chamber is liable for anything that happens at the Sellabration. They feel the Chamber should have control of the area at the time of the Sellabration, or else there would be no order to it. Discussed reasons for the Sellabration. OOUO2 Mr. Grissom indicated the merchants do get exposure from the Sellabration because all of the participants are potential customers for them. Mayor indicated it may be better to move the location of the Sellabration. Councilman Evans asked about the Attorneys opinion regarding this issue. City Manager indicated the Attorney recommended preparing a temporary license agreement for anyone who wishes to use public property. Previously the Council would give verbal permission for private use of public property, the attorney recommends that we have a written agreement. Discussed attempts at resolving this issue between the Chamber and the merchants. Chris Bengston indicated she would like to be allowed to have sidewalk sales. Lengthy discussion regarding the merchants, sidewalk sales, and the Sanger Sellabration, Councilman James indicated he felt the Chamber should look at all the options in order to work this out. The City will look at the ordinance and consider a temporary permit. He felt the Chamber should come up with a Resolution as to what the goals are. Mayor indicated they will look at changing the ordinance, and indicated the Chamber and merchants should get together and work out their differences. Shelley Ruland indicated she felt the ordinance should be addressed. Although it has not been enforced in the past, it could be an issue in the future. Item tabled for ordinance for sidewalk sales to be put on next agenda. 6. Consider and Possible Action on Downtown Area Historical Ordinance Review and Extension on Moratorium. John Springer, 802 N. Keaton, addressed the Council and indicated that Polly Dwyer had called and wanted to make sure some issues were addresses. The Committee has worked on this ordinance for months. After the second time they suggested they send what they had in mind to the attorney and let him give his input on it. He indicated the document is not complete, but the committee wants them to consider extending the moratorium on new construction in the downtown area. They also would like for the Council to consider the appointment of the Historic Preservation Commission, Mr. Springer discussed the qualifications of the members, he indicated he would like to see at least two (2) property owners on the committee. Discussion. City Manager indicated the document was sent to the attorney. The attorney indicated the document was much better than the one previously submitted. There are some parts that suggest property owners do certain things, and there are other parts that �0�03 state that these things are mandatory. He asked for Council's direction if they wanted these things to be voluntary or mandatory, and if they are mandatory, do they want to include residential properties. Discussion regarding proposed ordinance. Councilman Evans moved to extend the moratorium for 90 days. Councilman James seconded. Motion carried unanimously. 7. Consider and Possible Action on a Preliminary Plat and Final Plat for GNB Addition, being 1.29 Acres, in the Reuben Bebee Survey, Abstract 29, City of Sanger. Mark Owens, City Engineer, indicated he had been informed that there had been a _1______ 0_ 41__ _____i. _.___L!___ __1____ Tf., 4. �1... !4 JOA .....4 L...W... ..«W. cllange 111 tue ctlunructlull plalls. IIc WaInvu to luaric Julc Lunt. it Ulu not uavc ally effect on the plat. Anthony Goode, Isbell Engineering, advised that the change had no effect on the plat. Councilman Evans moved to approve the Preliminary and Final Plats for GNB Addition after City Engineer's approval of the construction plans, Councilman James seconded. Motion carried unanimously. 8. Consider and Possible Action on Budget Amendments to FY 2002-2003 Budget. Proposed budget amendments as follows: $3,500.00 from 001-24-5255 to 001-24-5375 For Rescue Tools $5,928.00 from 001-30-5420 to 001-32-5375 For Mosquito Sprayer Councilman Evans moved to approved the amendments as presented. Councilman James seconded. Motion carried unanimously. 9. Consider and Possible Action on Budget Amendments to FY 2003-2004 Budget. Discussion regarding salary increases. Councilman Higgs moved to approve the amendment to decrease salary increases from 5% to 3%. Councilman Evans seconded. Motion carried 3 to 2. Councilman James and Councilman Ervin voted no. 10. Consider and Possible Action on Resolution #1042-03 -Setting Date, Time and Place for Public Hearings on Annexations. Councilman Evans moved to approve Resolution #1042-03. Councilman James seconded. Motion carried unanimously. 11. Consider and Possible Action on Awarding Fuel Sid. Councilman James indicated that the City had received very competitive bids. ooao Brief Discussion. Councilman James moved to award the fuel bid to PA's Convenience Stores, Inc. Seconded by Councilman Garza. 12. Consider and Possible Action on Nominees for the DCAD Board of Directors. There were no nominations to the DCAD Board of Directors. 13. Consider and Possible Action on Nominees for the DCAD Appraisal Review Board. Councilman Evans moved to re -nominate Shirley Haider. Councilman Higgs seconded. Motion carried unanimously. 14. Consider and Possible Action on Ordinance #10-32-03 -Use of Reclaimed Water. Item Tabled. 15. Consider and Possible Action on Ordinance #10-33-03 -Municipal Court Technology Fund, Councilman Evans moved to adopt Ordinance #10-33-03. Councilman James seconded. 16. Consider and Possible Action on Board Appointments. Councilman Higgs moved to appoint Carolyn Frazier to the Keep Sanger Beautiful Board. Councilman Evans seconded. Motion carried unanimously. 17. Meeting Adjourned. 00005 MINUTES: CITY COUNCIL OCTOBER 2052003 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Police Chief Curtis Amyx, Mike Dobrovolsky, Lanny Grissom, Steve Lonard, Brian Romike, Rick Halfmann, Steve Howard, Jack Dawson, Chris Bengston, Larry Jors, Woodrow L. Barton, C.G. McNeill 1. Mayor Called Meeting to Order, and led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 29, 2003 - workshop b) Disbursements Councilman Evans moved to approve the Consent Agenda, Councilman James seconded, Motion carried unanimously. 3. Citizen's Input. None. 4. Consider and Possible Action on Presentation from Downtown Merchants regarding Sidewalk Sales and Temporary License Agreement. City Manager addressed the Temporary License Agreement. He indicated that where it states "where the merchant owns or Ieases the real property" will protected the merchant from other people setting up in front of the stores. The second page has an indemnification clause, which states the individual will have to have insurance before they block any public right of way. The attorney is developing a different document for non -property owners. Discussed insurance. Discussed license agreement. Item tabled for downtown merchants to review agreement. S. Consider and Possible Action on Revised Job Descriptions. Discussion regarding the revised job descriptions. Council agreed to schedule a workshop for Monday at 6:00 p.m. to discuss the Job descriptions. Item tabled. 0000 � 6. Consider and Possible Action on Subdivision Acceptance: Ranger Creek, Serendipity Place, Quail Run, Southwest Estates, and Heritage West. Councilman Evans moved to accept Ranger Creek, Serendipity Place, Quail Run, Southwest Estates, and Heritage West. Councilman Garza seconded. Motion carried unanimously. 7. Consider and Possible Action on Ordinance #10-34-03 -Amending the Exterior Facade Requirements on Single Family Homes. Steve Howard, Lennar Homes, addressed the Council regarding the ordinance. He wanted the Council to consider allowing Hardy Plank to satisfy the masonry requirements on the Quail Run subdivision. One of the reasons they came to Sanger was that they wanted to build affordable housing. They felt this piece of property would be a Lyood place to promote affordable housing. He indicated they were not aware of the masonry requirement. They had requested a copy of the zoning ordinances which did not include a masonry requirement. They planned this development without the 75% masonry requirement. He indicated they want to use hardy plank, this will lower their cost approximately 5%. This will make it more affordable. Mr. Howard continued to explain why he felt Hardy plank should be added to the ordinance. Councilman Evans indicated he was not in favor of changing the ordinance. Discussed how hardy plank is installed. He discussed that he and others with his company had checked on masonry requirements and were told there were none. Councilman Evans moved to reject proposed ordinanceCouncilman Higgs seconded. Motion carried 4 to 1. Councilman James voted no. 8. Consider and Possible Action on Council members) andlor City Manager attending TML Conference in San Antonio in November. City Manager indicated he would like to go. Councilman Ervin and Councilman Garza indicated they would like to attend. Councilman Evans moved to approve the travel for anyone who wants to attend the conference. 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'�` A,. i 1_ .�°�..� `L itt tt!i kw99.t€�a''l� _ ,a�rr � ':�d_ °�bt ° 7 wy h;.. a101 i 1`."53115 R 00- N t'iRCH NESS I'r 40 21/ !<i, �.ai1j E3. 601 ;a> r : ai c F's f t le [. I,,U OR, R let IP I _!0 Z 130 Voo�i 3Vol. ,..e:J : CELLULAR s�-((y; 1 C�: �7�w` '�tif�®� lvC.9+. a UJ' f y :.?s... i•.f I4�€�iti {yAt.li- t_t.., p»�..a ik`,`S,: Fitt Ve `W>{.i Irsk •.X».ffW. •t.if ppR {i8 (f (N101 ru (i1 C.k,tl.✓L..i.. lv.. ix L t ..� I{'S:.1 c ! I•.J)L�� c'ii, e CELLi,„t»HR.' PFI ,tEw .. �� a ✓li' iy'�r,3S'3 .I vR.je �.✓ft I. ellF e"li�iYM1iiFii+Fi "' w5 vi,`, G'i xf"RfA f F, i`m i'f4iA `JE �k='i E HDIMHI=.ail DU"'r(olIr-D _ J._�. J}`„,.r,>: � Zee ol I lie loo u-a':.i f:€v.. y_ G m'{a%,{;N51f%[;ii:�? eFioi tL t®1S„ PERMIT t Vio 3o"C!�'Ve.Etl O t`PcV too, U t"1LE � le -.I -v�sfiF i1a4. tJ4" ai`` 35 D.ic r". tq t € t ?1 oo s i x +< t?� r C{t i g L s F 1 ..,.�fai �'s,Ei+.l;.. TOOLS b�.C;r k't Vix..ei°t d fi jE:.a?` L, .J LlbWiaw I w 1 ',ice t_ ._et:.J =="i u !`s .iE {=ji'`. fi �.�iE z,r?!- to{.. `� jf»�i t `et�t..r,IV IV Vo� IV s:� Y:IMINHiJMER toe, 75 0Of ttoBe �tt!`ptl ( .fi !t 1>:Enti,i,`. aF{4!fi ®� fit=f`»E e-ii ?,i t;.° �... ....,, J"� W _co. iI'Iit.'tI._.,i�NNE N�;< i{ Vivo,'loo'3>%t. kl�1 Jx��Jst �f :�:1 u,,`i `7r1J1' ,,. .ifi �,,.'~�•�#1 ��i�Et �EJI�,�:. t:� �' a:.t; ir.a'e`is di�i r..:IT 11i.)Y v�r � ?.I.._ fr E71r 1, tV.f y i,�t1€' -1,if; I.a �. �t (r1tiTtcln il� >::« oaoz� {"6 i'� ftr.E.«iES.atrC,,. G�{13tl3 t4.. tt f}ti Piicf �i { ilt..!',t_�(.�((i n. g. i f�Nti. �l^.:5 V•itJryWJ f,l �s i'.i2yC `?l iti�", E4Sc,F �'-°,:ais{le wA 0 Fly. Et._ k i F ?µ'if:::, 18, 1 6 f Lt'.1Je .u:�l S F & 051 f'rg f i October 30, 2003 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: KSB Presentation Keep Sanger Beautiful members will be present at the meeting to address this item. �Q�30 October 27, 2003 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Library Interlocal Agreement This is the standard Interlocal Agreement for Library Services. Vickie Elieson has reviewed it and has recommended it for approval. �Q�3.� Mi 6 BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION Thomas F. Keever, Chief 1450 East McKinney, Suite 3100 Robert Schell P. O. Box 2850 David Finney Denton, Texas 76202 Hugh Coleman (940) 349=2750 John Feldt Fax (940) 3494751 Brody Shanklin October 03, 2003 City of Sanger Attn: Victoria Elieson P.O. Box 1729 Sanger, Texas 76266 Re: Interlocal Cooperation Agreement Dear as Elieson: Enclosed please find two original Agreements=for Library Services with Denton County. Please obtain the necessary approval of the Agreements, execute them and then mail back tome at the above listed address. Upon receipt of the executed Agreements, I will have them placed on the agenda for Commissioners Court. Thank you for your cooperation in this matter. If you should have any questions, please do not hesitate to contact me at 940-349-2750. Sincerely, Jem�iferlH. Jones ve Manager Enclosures QQQ3� STATE OF TEXAS, COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton. County, a political subdivision of Texas, hereinafter referred to as "COUNTY," and the Citv of Sanger, a municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton County; and WHEREAS, the City of Sanger is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY, and WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of Denton County; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Local Government Code Chapter 323, COUNTY Libraries. NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, follows: agree and understand as INTERLOCAL COOPERATION AGREEMENT L IHRARY SHRVICES 00033 The term of this Agreement shall be for the period from October 1, 2003 through September 30120040 II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individuals) of residence in Denton County, Texas, such individuals) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of Life for adults. III COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of INTERLOCAL COOPERATION AGREEMENT 2 LIBRARY SERVICES 00034 COUNTY in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of COUNTY's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY sha'1'1 designate LO act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement, and, shall provide management of MUNICIPALITY's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY's annual questionnaire as documentation of expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and INTERLOCAL COOPERATION AGREEMENT 3 LIBRARY SERVICES 00035 attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and agrees to provide a � •� • 1 l l � /Y I.TT1TTTf T _L_____! �� t �. �.���L� L: �.. �..L 11lJrarlan Wri0 riOlQS Or S�CUYeS d �.uutvtS L1t�1.cLS.-1c1.tt- � l:Ct 1.1111:d1.e from the Texas State Library and Archives Commission pursuant to Local Government Code, Section 323.011(b). VII. COUNTY agrees to and accepts full responsibility for the acts, negligence and/or omissions of all COUNTY's employees, agents, sub -contractors, and/or contract laborers and for those performing work under this Agreement. VIII. The MUNICIPALITY agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the MUNICIPALITY's employees, agents, sub -contracts, and/or contract laborers, performing work under this Agreement. IX. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. 0003E INTERLOCAL COOPERATION AGREEMENT 4 LI&xxRY SaxvlC&s MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XI. COUNTY understands and agrees that COUNTY, its employees, servants, agents and representatives shah at no .time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XII. Any notice required by this Agreement shall be delivered in writing by either County or Municipality to the following addresses. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of Municipality is: City of Sanger 501 Bolivar Street Sanger, Texas 76266 Attention:Victoria Elieson Telephone:940-458-3257 XIII. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein. COUNTY shall pay MUNICIPALITY fees in the amount of $1.25 per capita, for a total of SEVEN THOUSAND FIVE HUNDRED ONE DOLLAR AND NO/100 ($ 7,501.00), based upon North Central Texas Council of INTERLOCAL COOPERATION AGREEMENT 5 LIBRARY SERVICES 0003 { Governments population figures provided to Denton County by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2003. In addition, the COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS AND NO/100THS ($101000.00) in matching funds upon the following conditions: 1) MUNICIPALITY shall attempt to secure funding from sources other than Denton County. 2) Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3) Denton County shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000.00. 4) Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. XIV. This agreement may be teri mnated at any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as INTERLOCAL COOPERATION AGREEMENT 00038 6 LIBRARY SSRVICHS authorized by this agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XV. This Agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations ana�or agreements, eicner written or oral. This Agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XVI. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws. of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XVII. 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 remaini hng portions shall remain valid and in full force and effect to the extent possible. XV I I I.. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any INTERLOCAL COOPERATION AGREEMENT UOp39 LIBRARY SERVICES necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY Mary Horn County Judge Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney MUNICIPALITY By Name Title. Resolution # Dated ATTEST: City Secretary APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Director, Library Services INTERLOCAL COOPERATION AGREEMENT O O � � O g LIBRARY SBRVZCFi$ October 27, 2003 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: DCAD Board of Directors Attached is the Resolution on this item. The nominations are on the letter attached. We have to fill in the blank with one of the names on the list. CITY OF BANGER RESOLUTION #1143-03 A RESOLUTION OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, CASTING THE CITY COUNCIL'S VOTE FOR CANDIDATE(S) TO THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. WHEREAS, the Candidates for the Board of Directors of the Denton Central Appraisal District have been nominated, and WHEREAS, voting units must cast their vote by written resolution prior to December 15`2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIIOF THE CITY OF SANGER, TEXAS: TO CAST TEN (10)VOTES FOR THE FOLLOWING CANDIDATE(S): PASSED, APPROVED, AND ADOPTED this 3rd Day of November, 2003. Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary TO: FROM: DATE: CI IQ I9=0"T• .. 3911 Morse Street, P.O. Box 28 16 Denton, TX 76202-2816 www.dentoncad.com MEMO All Taxing Jurisdictions Joe Rogers October 17, 2003 C'.ar,riiriatac to Rnarrt of nirPrtors of Denton Central Appraisal District Candidates to the Denton Central Appraisal District Board of Directors are listed below. The list is in alphabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser by December 15th. The unit may cast all its votes for one candidate or may distribute the votes among any number of candidates. Some voting units may have enough votes to elect several candidates. To share representation on the Board, several units may wish to vote for the same candidate. The five nominees receiving the most votes will become the Board of Directors. When a voting unit casts its votes, it must cast the votes for a person that was nominated and is named on the ballot. There is no provision for write-in candidates. The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot. The candidates nominated by the taxing jurisdictions are: 1. Lee A. Baker 2. Howard Creamer 3. Wayne Gillum 4. Alisa Green 5. Ben Harmon 6. Steve Mossman 7. Richard Smith 8. Charles Stafford 9. Rick Woolfolk Lewisville ISD Town of Little Elm Pilot Point ISD City of The Colony Lewisville ISD, City of Lewisville Denton County, City of Krum Lewisville ISD, City of Lewisville Denton ISD, City of Denton, Argyle ISD Denton ISD, City of Denton, Argyle ISD Since some of you may not be familiar with the process of selecting the Board, please do not hesitate to contact Kathy Williams at (940) 349-3974 for clarification and/or information on this matter. Joe Rogers Chief Appraiser 000.�3 Phone: 940-349-3800 Metro: 972-434-2602 Fax: 940-349-3801 October 30, 2003 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Pro-Rata Agreement The Engineer will have the agreement prepared prior to the meeting on Monday. October 30, 2003 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: "No Smoking" Policy Councilman Ervin submitted the City of Denton's Smoking policy. He indicted he would like it to be considered for Sanger. Denton's smoking policy is attached. If Council will decide what regulations they would like for Sanger, if any, we will incorporate them into the personnel policies. �00�5 PAGE I OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMIlvISTRATl'VE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.03 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 06/01/92 TITLE: USE OF TOBACCO PRODUCTS LAST REVISION DATE: 9/16/03 I. POLICY STATEMENT The City of Denton desires to conduct its operations with the utmost regard for the safety of its employees, its customers, and the public. One of the most valuable assets of the City of Denton is its employee workforce. In recognition of that belief, the City promotes the health, safety, and well-being of each individual through progressive health and benefit programs. The City's obligations include concern for all employees in all areas of known hazards and because environmental tobacco smoke is a carcinogen shown to cause disease, including cancer, in healthy non-smokers, as well as aggravate allergic reactions including watery eyes, coughing and headaches in susceptible individuals, all of which lead to impaired performance and increased health care costs. In addition, the use of smokeless tobacco is offensive to many people, citizens and co-workers alike. A work environment in which employees are allowed to use smokeless tobacco products promotes an image that many regard as unsanitary and unprofessional. It is therefore the policy of the City of Denton to limit use of smoking tobacco products and the use of smokeless tobacco products by City employees to certain areas designated by the City Manager or his/her designee. A. Definitions: "1Vlunicipal Facility" means any building or structure owned or operated by the City of Denton. "Open air vehicle" means any vehicle owned or operated by the City of Denton which, by its design, is incapable of isolating passengers from the free flow of outside air. An "open air vehicle" does not include automobiles, buses, vans or trucks. "Smoking" means the combustion of any product or material containing tobacco. "Smokeless Tobacco Products" means any product or preparation containing tobacco, including chewing tobacco, snuff, and smokeless tobacco, but not including cigarettes, cigars, or pipe tobacco. "Vehicle" means any car, truck, bus, or van owned or operated by the City of Denton, used for conveying persons, supplies, equipment, etc. 100046 r-mmnr rrvnns nze PAGE 2 OF 3 POLICY/ADIVIINISTRATIVE PROCEDUREWWWN STRATIVE DIRECTIVE Continued TrrL,E: USE OF TOBACCO PRODUCTS REFERENCE NUMBER: 108.03 B. The use of all tobacco products, including smokeless ones, is prohibited within any municipal facility of the City of Denton with the following exceptions: 1. Suspects and witnesses may smoke in designated areas of the Police Department during interviews and interrogations. Employees may not smoke in these areas at any time. 2. Smoking is permitted in a designated area of the jail. C. The use of tobacco products is prohibited in City of Denton vehicles. The use of tobacco products in open-air vehicles is subject to the discretion and approval of the supervisor of that area. D. The Director of Facilities Maintenance or designee shall conspicuously place "No Smoking" signs at the entrances of all municipal facilities and shall additionally place signs designating authorized smoking areas in the Police Department, E. Employees will be allowed to smoke outside the City of Denton facilities during their normal break period and lunch so long as they are at least twenty (20) feet away from an entrance or exit to the building. An entrance or exit to the building is defined to include any entry steps or ramps. F. An employee shall responsibly dispose of all waste products generated by his or her use of tobacco products. Notwithstanding any other provision of this policy allowing the use of smokeless tobacco products, a supervisor may prohibit the use of smokeless tobacco products in any area where employees fail to responsibly dispose of waste products generated by the use of smokeless tobacco products. G. Any employee who uses tobacco products in violation of this policy is subject to disciplinary action as outlined in Policy 109.01 Disciplinary Action. H. Smoking Cessation Pro rg ams: City employees who experience performance or personal difficulties while overcoming a nicotine addiction may seek help through the City's health insurance program or Employee Assistance Program (EAP), outlined in Policy 107.10 Employee Assistance Program. Interested employees or supervisors may contact a representative of the Human Resources Department for assistance. I. Supervisors are responsible for communicating this policy to, and enforcing the policy upon, their employees. ueianT r�vnnu nze 00047