03/03/2003-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONDAY, MARCH 39 2003
7:00 P.M.
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: February 17, 2003 -Workshop
February 17, 2003
February 24, 2003 - Special Called
b) Disbursements
3. Citizen's Input.
4. Conduct Public Hearing Regarding a Zoning Change Request from B2 (Business 2) to
SFSE (Single Family 5E) on Property Legally Described as Abstract 71, Tract 22, Tract
21, Tract 20, Tract 15 and Tract 16. Property is Located on Stemmons Rd., Sanger,
Texas,
5. Consider and Possible Action Regarding a Zoning Change Request from B2 (Business
2) to SFSE (Single Family 5E) on Property Legally Described as Abstract 71, Tract 22,
Tract 21, Tract 20, Tract 15 and Tract 16. Property is Located on Stemmons Rd.,
Sanger, Texas,
6. Conduct Public Hearing to Consider a Zoning Change Request from AG (Agriculture)
to MF2 (Multi -Family 2) on Properties Legally Described as Abstract 29, Tract 61,
Being 24.31 Acre Tract, and Abstract 29, Tract 60, Being 25.22 Acres. Properties are
located on McReynolds Road, East of the Cemetery
7. Consider and Possible Action Regarding a Zoning Change Request from AG
(Agriculture) to MF2 (Multi -Family 2) on Properties Legally Described as Abstract 29,
Tract 61, Being 24.31 Acres, and Abstract 29, Tract 60, Being 25.22 Acres. Properties
are located on McReynolds Road, East of the Cemetery
8. Consider and Possible Action on Proposal for Impact Fee Study/Analysis.
9. Consider and Possible Action on Presentation from Fire/Police Departments Regarding
Vehicles from Government Acquisitions, Inc.
10. Consider and Possible Action on Resolution #03-07-03 - Authorizing Mayor to Act as
Signatory on Loan from GNB Bank for the Lease/Purchase of the 95XT Skid Steer and
Cold Planer for the Streets/Parks Department.
ti�
11. Conduct Second Public Hearing on Proposed Annexation of the Following Properties:
ABSTRACT 1241, TRACT 439 BEING 2.5 ACRES (MICHAEL GREGORY), AND
ABSTRACT 299 TRACT 571 BEING 25.230 ACRES (AL MCNATT), AND
ABSTRACT 299 TRACT 58 & 599 BEING 49.419 ACRES (AL MCNATT)9 AND
ABSTRACT 1241, TRACT 37, BEING 32.8617 ACRES
12. Consider and Possible Action on Ordinance #03-05-03 -Amending the City of Sanger
Zoning Map (Brooke Hill Village).
13. Adjourn.
Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more
A 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.
G
Ros lie Chavez Ci�tY Sec tar
`Date & 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) 458-7930 for fii Cher information.
CITY COUNCIL
1VIARCH 3, 2003
MINUTES: City Council Workshop
February 17, 2003
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, Bill Spore
1. Mayor Called meeting to order.
2. Auditor's Presentation Regarding Fiscal Year 2001/2002 Audit.
Bill Spore addressed the Council regarding the audit.
Discussed Capitol Outlay, he indicated it went up $150,000.00.
Discussed funds transferred from the 4B and the Utility Fund.
Discussion regarding the revenue totals.
Bill Spore discussed revenues compared to the budget. He indicated the total
expenditures were over budget by $220,0000000
He addressed the special revenue accounts.
Discussed revenues and expenditures for the utility fund.
Operating income was down by about $60,000.00.
The net income was up because they did not transfer as much to the General Fund.
Discussed cash accounts.
Discussed Yarborough settlement expense.
Discussed Revenues and Expenditures in the Administration Department. It was
$100,000.00 under budget. The utility fund was not able to transfer the total amount
budgeted.
Discussed revenues and expenditures in the Police Department, they were budgeted to
have a $665,000.00 deficit, they had an actual deficit of $604,000.00.
F0re department came in $50,000.00 to the good.
Sanitation budgeted to have $40,000.00 in excess, the actual excess was $27,000.00.
Streets were budgeted to have a $55,000.00 deficit, they borrowed $2,259,000.00 and
at the end of the year had not spent the money so they showed over 2,000,000.00 in
excess revenues.
Library budget was $29000.00 to good.
Parks Department was $219000.00 to the good, they had $90,000.00 transferred to them
from the 4B Fund.
Swimming Pool was over budget by about $2,000.00.
Community and Senior centers were $4900.00 to the good.
Hotel/Motel tax is a special revenue fund.
and actual was $11,000.00,
They had budgeted $15,000.00 in revenue
4A fund budgeted $145,000 in revenues ,actual revenues were 146,000.
4B budget revenues were $145,000.00, actual was $148,000.00.
Discussed long term debt paid by General Fund.
Discussed the schedule of changes in general fixed assets.
Utility Fund additions were $2,960,000.00. This is due to new developments, the school,
and Wal-mart, along with additional equipment.
Discussed analysis of taxes receivable.
Discussed management letter. Bill Spore indicated there weren't many written
comments. There were a few minor things that were discussed with the City Manager
and City secretary, one of the things was the water and sewer tap transfers.
Discussed tap fee transfers.
City Secretary explained that the I & S payments are required, and by law have to be
made. These payments are made first, then when additional revenues come in the tap
funds are transferred.
Discussion.
Councilman Ervin asked the auditor if he felt that the overall budget looked good.
L!;�JJ
Bill Spore indicated a lot of money was being spent, and the City was operating on tight
funds.
City Secretary explained this was due to spending funds that were not budgeted, these
were spent by Council action.
Councilman Garza indicated if one of the department heads come before the Council
and asks for an item, it's hard for the council to turn it down if it's needed.
City Secretary explained that normally those items are transferred from other line
items.
Discussion regarding budget issues.
Bill Spore addressed the proposed Budget Amendments. The bottom line has no effect
on the overall budget.
Bill Spore indicted the 4B Board will need to approve the amendments to their budget,
Councilman James asked if the City was required by law to have this audit reviewed
by someone else.
Bill Spore indicated they were not.
Budget Amendments as follows:
BANGER PROPOSED
BUDGET
AMENDMENTS
ADMINISTRATION
REVENUES
LEASE PROCEEDS
EXPENDITURES
ENGINEERING
CAPITAL OUTLAY
VEHICLE MAINTENANCE
EXPENDITURES
SALARIES
MINOR EQUIPMENT
POLICE
SEPTEMBER 30, 2002
ORIGINAL
BUDGET
C7
PROPOSED
AMENDED CHANGE
2,450 2,450
7,100 21,300 14,200
1,400 9,400 8,000
22,200
331856 28,456 (5,400)
41526 576 (3,950)
(9,350)
DEPARTMENT
CHANGE
(19,750)
9,350
REVENUES
LEASE PROCEEDS
EXPENDITURES
CAPITAL OUTLAY
MUNICIPAL COURT
REVENUES
LEASE PROCEEDS
EXPENDITURES
CAPITAL OUTLAY
FIRE
EXPENDITURES
CAPITAL OUTLAY
PART TIME SALARIES
DUES & SUBSCRIPTIONS
STREETS
REVENUES
SALES TAX
EXPENDITURES
STREET MAINTENANCE
PARKS
REVENUES
TRANSFER FROM 4B
CAPITAL OUTLAY
SOLID WASTE
REVENUES
SOLID WASTE
COLLECTION
IESI FRANCHISE TAX
EXPENDITURES
COLLECTION CONTRACT
NET GENERAL FUND
AMENDMENTS
0 101,700 111,700
921800 194,6001 10117n
0 5,400 5,400I
0 5,000 5,000�
15,000 6,750 (8,250)
47,250 41,000 (6,250)
11,930 21130 (95800)
103500 500 (10,000)
288,000
25,000
C�7
18,000
300,000
(24,300)
291,700 ___ 3,700
53,000 28,000
90,000 �0,000
337,100 37,100
0 20,000 20,000
57,100
252,900 310,000 57,100�
24,300
(24,300)
10,000
0
ELECTRIC
REVENUES
ELECTRIC BILLINGS 3,542,000
EXPENDITURES
POWER PURCHASED 2,1351666
NET ENTERPRISE FUND AMENDMENTS
4B ECONOMICS
DEVELOPMENT
3,8571934 1 315,934
2,451,600 315,934 0
REVENUES
PRIOR YEAR EXCESS 0 298,000 298,000
REVENUES
EXPENDITURES
PROJECTS 1429450 44054601 298,0001 0
NET 4B ECON. DEVELOPMENT
AMENDMENTS
3. Meeting Adjourned.
MINUTES: City Council
February 17, 2003
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, Electric
Superintendent Mike Prater, Water/Wastewater Superintendent Eddie
Branham, Streets/Parks Superintendent John Henderson, Robert Ingram,
Shelley Ruland, Frank Rodgers, Pat Moynagh, Crystal Brown, Bill Spore
1. Mayor called meeting to order, Councilman Garza led the Invocation, Councilman
Evans led the Pledge of Allegiance
CONSENT AGENDA
2. a) Approve Minutes: February 3, 2003
b) Disbursements
Councilman Higgs indicated on Item #11, He did not second the motion, Councilman
Evans seconded.
Councilman Evans moved to accept the consent agenda as corrected, Councilman Ervin
seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on Ordinance #02-10-03 -Annexing the Following
Properties:
MEADOWLANDS ADDITION, LOTS 1 THRU 14 (JENNIFER CIRCLE), AND
ABSTRACT 29, TRACT 74, BEING 8.751 ACRES, AND
ABSTRACT 1241, TRACT 449 BEING 2.50 ACRES, AND
ABSTRACT 1241, PART OF TRACT 47, BEING 18.03 ACRES, AND
ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND
ABSTRACT 29, TRACT 60, BEING 25.22 ACRES.
Mayor skipped Item #4 to wait for City Attorney.
5. Consider and Possible Action Regarding Budget Amendments to the FY 2001/2002
Budget as Presented by Bill Spore.
Councilman Higgs moved to approve the budget amendments as presented, Councilman
Evans seconded, motion carried unanimously.
6. Consider and Possible Action Regarding Approval of the fiscal Year 2001/2002 Audit
as Presented by Bill Spore.
Councilman Garza moved, James seconded, motion carried unanimously.
7. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2002/2003.
Councilman Evans moved to appoint Bill Spore, Councilman Higgs seconded, Motion
carried unanimously.
8. Consider and Possible Action Regarding Budget Amendments to the FY 2002/2003
Budget. (Water/Wastewater Department)
City Secretary indicated this is the amendments for the jet sprayer, these funds will be
allocated for the first payment. She indicated she decreased the funds in the water side
and increased the expenditure in the wastewater side.
James moved, Ervin seconded, Motion carried unanimously.
9. Consider and Possible Action Regarding a Variance on the Sign Regulations for
Chicken Express/Fina on property Legally Described as Sanger I=35 Industrial Park,
Lot 1114. Property is located at 1406 W. Chapman.
City Manager indicated we currently have a sign ordinance of 60' they are requesting
80 feet.
Councilman James indicated he could not tell where the sign was.
Discussion.
Councilman James moved to grant the variance for sign regulations to a height of 80
feet. Councilman Garza seconded. Motion carried unanimously.
10. Conduct First Public Hearing on Proposed Annexation of the Following Properties:
ABSTRACT 1241, TRACT 43, BEING 2.5 ACRES (MICHAEL GREGORY), AND
ABSTRACT 29, TRACT 57, BEING 25.230 ACRES (AL MCNATT), AND
ABSTRACT 299 TRACT 58 & 59, BEING 49.419 ACRES (AL MCNATT), AND
ABSTRACT 1241, TRACT 37, BEING 32.8617 ACRES
Public Hearing opened.
No discussion.
Public Hearing closed.
11. Conduct First Public Hearing on Proposed Moratorium on New Multi -Family Dwelling
Projects in the City of Sanger.
(a) Conduct Ist Public Reading on Ordinance # 02-11-03
Public Hearing opened.
No discussion.
Public Hearing closed.
First Reading of ordinance.
City Secretary read ordinance as follows:
ORDINANCE No. 02-ll-03
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, RECOGNIZING THE
THREAT TO THE CITY'S ABILITY TO MEET EXISTING AND SHORT-TERM
SERVICE DEMANDS AS A RESULT OF EXPLODING POPULATION GROWTH;
RECOGNIZING RAPIDLY INCREASING WASTEWATER FLOWS; PROVIDING
FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE AND FILING OF
RESIDENTIAL MtTLTI-FAMILY DEVELOPMENT PLANS; REPEALING ALL
CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the threat to the city's ability to meet existing and near -term service
demands is attributable to exploding population growth and rapidly increasing wastewater
flows;
WHEREAS, based upon a potential 500 residential building permits per year, the
City's population is projected to exceed 5100 in 2003 while the population within current
City limits is projected to exceed 10,500 by the year 2009;
WHEREAS, ADF for March 2002 0.72 MGD and total wastewater treatment
capacity is 0.78 MGD;
WHEREAS, under normal weather conditions the City's ADF is projected to exceed
0.78 MGD by 2004;
YMEREAS, expansion of the City's wastewater treatment plant capacity to 0.98
MGD is not scheduled to be completed until 2003;
WHEREAS, under normal weather conditions the City's ADF is projected to exceed
0.98 MGD by 2005;
WHEREAS, it is the objective of the City to, (1) ensure the City's continuing ability
to maintain adequate wastewater service while construction system improvements to
accommodate both residential and non-residential growth, (2) maintain adequate water and
wastewater capacity to sustain economic development efforts that will reduce the extreme
imbalance in assessed valuation between residential and non-residential development, (3)
preserve and enhance the unique character and lifestyle that currently exist in Sanger;
WHEREAS, the exemption ofnon-residential development is necessary to the long-
term economic health of the City; and
WHEREAS, the City Council has determined that it is in the best interests of the
public to temporarily suspend the acceptance and filing of residential multi -family
development plans pending the City review and update of the City's capital/improvement
pIan and impact fee study;
NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the City of Sanger and they are hereby approved and incorporated into
the body of this Ordinance as if copied in their entirety.
SECTION 2
The acceptance and filing of residential multi -family development plans are hereby
temporarily suspended, effective immediately upon passage of this Ordinance, until City
Council approval of the capital improvement plan and impact fee study. Although it
presently is anticipated that the capital improvement plan and impact fee study will be
completed on or before June 17, 2003 in the event the City Council has not approved the
impact fee study plan by June 17, 2003, then this temporary suspension may be extended in
sixty (60) day increments.
SECTION 3
The temporary suspension referenced in Section 2, above, shall not affect or in any
way suspend or prohibit the acceptance and filing of applications for record plats, specific
use permits or variances. Further, the temporary suspension referenced in Section 2, above,
shall not affect or in any way suspend or prohibit the acceptance and filing of non-residential
zoning amendments and non-residential development plans.
SECTION 4
Any and all ordinances, orders, resolutions, rules, regulations, policies or provisions
in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the
extent of any conflict herewith.
SECTION 5
If any section, subsection, clause, phrase or provision of this Ordinance, or the
application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unconstitutional, the remaining sections,
subsections, clauses, phrases or provisions of this Ordinance, or the application thereof to
any person or circumstances, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
SECTION 6
The fact that the present ordinances, orders, resolutions, rules, regulations, policies
and provisions of the City of Sanger, Texas, are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the City of Sanger, Texas,
creates an emergency for the immediate preservation ofthe public business, property, health,
Safety and general welfare of the public which requires that this Ordinance become effective
from and after the date of its passage, and it is accordingly so ordained.
(4.) Mayor moved back to Item #4 and considered action on the following proposed
annexations:
MEADOWLANDS ADDITION, LOTS 1 THRU 14 (JENNIFER CIRCLE), AND
ABSTRACT 299 TRACT 749 BEING 8.751 ACRES, AND
ABSTRACT 1241, TRACT 44, BEING 2.50 ACRES, AND
ABSTRACT 1241, PART OF TRACT 479 BEING 18.03 ACRES, AND
ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND
ABSTRACT 29, TRACT 60, BEING 25.22 ACRES.
Councilman Garza asked if each of the properties could be voted on separately.
Staff indicated they could.
Brief Discussion.
Councilman Evans moved to annex Meadowlands Addition, lots 1-14. Councilman
Higgs seconded. Motion carried 3 to 2, Councilman Garza and Councilman Ervin
voted no.
Councilman Evans moved to annex Abstract 29, Tract 74, Councilman Higgs seconded,
motion carried unanimously.
Councilman Evans moved to annex Abstract 12419 Tract 449 Councilman Higgs
seconded, motion carried unanimously.
Councilman Evans moved to annex Abstract 1241, Part of Tract 47, Councilman Higgs
seconded, Motion carried unanimously.
Councilman Evans moved to annex Abstract 29, Tract 61, Councilman Higgs seconded,
Motion carried unanimously.
Councilman Evans moved to annex Abstract 29, Tract 60, Councilman Higgs seconded,
Motion carried unanimously.
Caption of Ordinance 02-10-03 as follows:
THE CITY OF SANGER, TEXAS AND EX ENDINGTHE OUNDARIESOFSAID
CITY 1 AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY
WITHIN 11LIMITS,1 GRANTING TO SAID TERRITORY AND TO
ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND
PRIVILEGESOF OTHER 1 BINDING 1 FUTURE
1\�B__&
12. Consider and Possible Action on Proposal Submitted for Impact Fee Study and
Analysis.
Mark Owens indicated he had been asked by the City Manager to look into this. He
introduced Tim Glendenning.
Tim Glendenning, addressed the Council regarding the proposal of engineer services
to prepare a future land use plan and evaluate the need for impact fees. He indicated
they have been doing land use plans for cities for 1546 years, this is the most important
element.
Councilman James asked what the lead time would be.
Tim indicated it was difficult because an advisory committee will need to be appointed.
He indicated the engineer will need to complete the City map before they can continue
with the plan. Then they will work with the advisory committee, and try to meet the
deadline of June 17.
Discussion regarding current land use study.
City Engineer indicated the land use study will need to be reviewed and updated.
Discussion regarding cost, and that if they are able to use the City's current land -use
study, the cost should be reduced.
City Manager asked if it would be better to give Mark and Tim a week to look at what
we do have and allow them to come back with a revised cost.
Item tabled to next agenda.
13. Conduct Public Hearing to consider a Zoning Change from I-1 (Industrial -1) to B2
(Business -2) on property legally described as Sanger I-35 Industrial Park, Lots lr-2,
2r4, 4 & 5. Property is Located on F.M 455, Acker St, and Pecan St.
Public Hearing opened.
Pat Moynagh spoke in opposition of his property (lot 4) being re -zoned to Business.
Mayor asked who requested the zoning change.
Councilman James indicated he felt it should be zoned to what is compatible in the
neighborhood.
Discussion regarding the zoning.
Public Hearing closed.
14. Consider and Possible Action Regarding a Zoning Change from I-1 (Industrial -1) to
B2 (Business -2) on property legally described as Sanger I-35 Industrial Park, Lots lr-2,
2r4, 4 & 5. Property is Located on F.M 455, Acker St, and Pecan St.
Councilman Higgs moved to change the zoning from I-1 to B-2, on lots 1r-2, 2r-1 and
lot 5, and to leave lot 4 as Industrial.
Discussion.
Councilman Ervin seconded. Motion carried 3 to 2, Councilman Evans and
Councilman Garza voted no.
15. Consider and Possible Action on Short Form Final Plat for the Rodgers Estates, Block
City Engineer indicated all bases have been covered on this plat. It has met the City of
Sanger ordinances.
Councilman Garza moved to approve the Final Plat for Rodgers Estates, Lot 1 and 29
Block A., Councilman Evans seconded. Motion carried unanimously.
16. Consider and Possible Action on Ordinance #02-07-03 -Amending the Ordinance on
Installation of Underground Electrical Service,
Mike Prater indicated there was a minor change in the ordinance, we are requiring
underground in certain areas, and the original ordinance was giving them a choice.
Councilman Evans moved to approve Ordinance #02-07-03, Councilman Ervin
seconded. Motion carried unanimously.
Caption as follows:
THAT CHAPTER 13, ARTICLE 13.1300, INSTALLATION OF UNDERGROUND
ELECTRICAL SERVICE, IN THE CODE OF ORDINANCES OF THE CITY OF
SANGER, DENTON COUNTY, TEXAS, SHALL BE AMENDED; PROVIDING FOR
THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
17. Consider and Possible Action on Adoption of Resolution #02-05-03 and Advance
Funding Agreement for Bridge Replacement or Rehabilitation Off the State System.
Discussion regarding the project, City Engineer indicated this would probably be done
sometime this summer.
City Secretary indicted this had been budgeted in the bond money.
Discussed the possibility of Expanding the road further.
Councilman James moved to adopt Resolution 4402-OS-03, Councilman Evans seconded.
Motion carried unanimously.
18. Consider and Possible Action on Awarding bid on (1) Used 2000 Case 95XT Skid Steer
and New FCC High -Flow Cold Planer.
John Henderson indicated this was a bobcat, and was bigger than what they currently
have, this will help him get into the narrow areas in some of the ditches. This will be
helpful for all departments. When they get ready to cut the streets they will get straight
cuts.
Councilman Ervin asked why they were getting a used one.
John Henderson indicated this machine only has 160 hours on it, the new equipment is
priced over what he has budgeted.
Discussion regarding the equipment.
Councilman Ervin asked about warranty.
John Henderson indicated it did not have a warranty.
Councilman James asked if it was standard on used equipment not to have a warranty.
Councilman Evans indicated he did not like buying used equipment.
Councilman Higgs moved to accept bid from C & O, and stipulated they add the
warranty. Councilman Ervin seconded. Motion carried unanimously.
19. Consider and Possible Action to Authorize Bids for the Construction of Sidewalk and
Concrete Bleacher Pads for Railroad Park.
City Manager indicated the 4B has approved the funds for this, but Council has to
approve the bid process.
John Henderson showed the drainage of the proposed improvements.
Councilman Garza moved to bid the concrete work for Railroad Park, Councilman
Evans seconded. Motion Carried unanimously.
20. Consider and Possible Action on Adopting Resolution #02-06-03 Authorizing of Funds
For City Vehicles and City Equipment from Guaranty National Bank.
City Manager indicated the rate on the jet sprayer was at 4.04%, the rate is 4.75% on
John's equipment, and 5% fixed on the other vehicles.
Councilman James moved to adopt Resolution 4402-06-03, Councilman Evans seconded.
Motion carried unanimously.
21. Meeting Adjourned.
MINUTES: CITY COUNCIL - SPECIAL CALLED
FEBRUARY 24, 2003
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz
1. Mayor Called Meeting to Order.
2. Conduct Second Public Hearing on Proposed Moratorium on New Multi -Family
Dwelling Projects in the City of Sanger.
Public Hearing opened.
No Discussion.
Public Hearing closed.
(a) Conduct Second Public Reading on Ordinance # 02-11-03
City Secretary read ordinance as follows:
CITY OF SANGER, TEXAS
ORDINANCE No. OZ-11-03
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, RECOGNIZING THE
THREAT TO THE CITY'S ABILITY TO MEET EXISTING AND SHORT-TERM
SERVICE DEMANDS AS A RESULT OF EXPLODING POPULATION GROWTH;
RECOGNIZING RAPIDLY INCREASING WASTEWATER FLOWS; PROVIDING
FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE AND FILING OF
RESIDENTIAL MULTI -FAMILY DEVELOPMENT PLANS; REPEALING ALL
CONFLICTING ORDINANCES AND RESOLUTIONS, PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the threat to the city's ability to meet existing and near -term service
demands is attributable to exploding population growth and rapidly increasing wastewater
flows;
WHEREAS, based upon a potential 500 residential building permits per year, the
City's population is projected to exceed 5100 in 2003 while the population within current
City limits is projected to exceed 10,500 by the year 2009;
WHEREAS, ADF for March 2002 0.72 MGM and total wastewater treatment
capacity is 0.78 MGD;
WHEREAS, under normal weather conons the City's ADF is projectedto exceed
0.78 MGD by 2004;
WHEREAS, expansion of the City's wastewater treatment plant capacity to 0.98
MGD is not scheduled to be completed until 2003;
WHEREAS, under normal weather conditions the City's ADF is projected to exceed
0.98 MGD by 2045;
WHEREAS, it is the obj ective of the City to, (1) ensure the City's continuing ability
to maintain adequate wastewater service while construction system improvements to
accommodate both residential and non-residential growth, (2) maintain adequate water and
wastewater capacity to sustain economic development efforts that will reduce the extreme
imbalance in assessed valuation between residential and non-residential development, (3)
preserve and enhance the unique character and lifestyle that currently exist in Sanger;
WHEREAS, the exemption ofnon-residential development is necessary to the long-
term economic health of the City; and
WHEREAS, the City Council has determined that it is in the best interests of the
public to temporarily suspend the acceptance and fling of residential multi -family
development plans pending the City review and update of the City's capital/improvement
plan and impact fee study;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
Endings of the City of Sanger and they are hereby approved and incorporated into the body
of this Ordinance as if copied in their entirety.
SECTION 2
The acceptance and filing of residential multi -family development plans are hereby
temporarily suspended, effective immediately upon passage of this Ordinance, until City
Council approval of the capital improvement plan and impact fee study. Although it
presently is anticipated that the capital improvement plan and impact fee study will be
completed on or before June 17, 2003 in the event the City Council has not approved the
impact fee study plan by June 17, 2003, then this temporary suspension may be extended in
sixty (60) day increments.
SECTION 3
The temporary suspension referenced in Section 2, above, shall not affect or in any way
suspend or prohibit the acceptance and filing of applications for record plats, specific use
permits or variances. Further, the temporary suspension referenced in Section 2, above, shall
not affect or in any way suspend or prohibit the acceptance and filing of non-residential
zoning amendments and non-residential development plans.
SECTION 4
Any and all ordinances, orders, resolutions, rules, regulations, policies or provisions in
conflict with the provisions ofthis Ordinance are hereby repealed and rescinded to the extent
of any conflict herewith.
SECTION 5
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections,
clauses, phrases or provisions of this Ordinance, or the application thereof to any person or
circumstances, shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
SECTION 6
The fact that the present ordinances, orders, resolutions, rules, regulations, policies and
provisions of the City of Sanger, Texas, are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the City of Sanger, Texas,
creates an emergency for the immediate preservation ofthe public business, property, health,
Safety and general welfare of the public which requires that this Ordinance become effective
from and after the date of its passage, and it is accordingly so ordained.
3. Consider and Possible Action on the Imposition of a Moratorium on New Multi -Family
Projects in the City of Sanger.
Councilman James moved to approve Ordinance #02-11-03 - Imposing a Moratorium
on New Multi -Family Dwelling Projects in the City of Sanger contingent upon the City
Attorney's approval. Councilman Evans seconded. Motion carried unanimously.
4. Consider and Possible Action on Proposal for Impact Fee Study/Analysis,
Item Tabled.
5. Meeting Adjourned.
w
ai Fart A!F' !'A`r'i' E[`;T FE1joff
VENDOR a'F T � 99-
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TER
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TOTC,i_ CHECKS, S, Tu PRIINi e 3
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Items 4 & 5
Attached is the information on this item. These are the properties that the P & Z Commission
requested be changed to Single Family at the last meeting, due to the Gheen's request to change
their property to Single Family. This encompasses the remainder of the Gheen's property, and the
two lots where there are currently single family homes.
The Planning and Zoning Commission unanimously recommended approval on this item.
Milton L. ( Jack) and Ethel Faye Gheen
2004 S. Stemmons
Sanger, Te%43 76266
Phone: (940) 458=7422
February 20, 2003
The City of Denton
201 Bolivar Street
Sanger, Texas 76266
ATTN: City Manager, Planning &Zoning Committee and The City Council
% of Samantha Renz
RE: Rezoning the Properties known as Tracts 21 and 22Burleson Survey,
Abst. 71, being adjacent to the East Boundary line of Tract 23 of said
Survey, Commonly known as 2004 S. Stemmons, Sanger, Texas
Dear Sirs and Madams:
In 1982, the above properties were zoned B-2 Commercial. By this letter, Jack and Faye
Gheen are requesting the Planning and Zoning Committee and the City Council to rezone
said properties back to 14 Family Residential in order to comply with the requirement
from the Planning and Zoning Committee to have all their property (Tracts 21, 22 and 23)
zoned 14 Family Residential.
With sincere regards,
Jacktineen
2004 S. Stemmons
i. r-
�.eq February1 /1
City of
February 7, 2003
TO:
FR:
RE:
Property Owners
GEED
rd I (eAe.-�-ZY �At/it tLJ 361 2
T�a d s red Y
7. Yam,
Rosalie Chavez, City Secretary
Zoning Request Change
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing
at 201 Bolivar, in the Council Chambers on Thursday, February 27, 2003 to Consider
a Zoning Change Request from B2 (Business 2) to SF5E (Single Family 5E) on Property
Legally Described as Abstract 71, Tract 22, Tract 21, Tract 20, Tract 15 and Tract 16.
Property is Located on Stemmons Rd., Sanger, Texas.
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the
Council Chambers on Monday, March 3, 2003 to Consider a Zoning Change Request
from B2 (Business 2) to SF5E (Single Family 5E) on Property Legally Described as
Abstract 71, Tract 22, Tract 21, Tract 20, Tract 15 and Tract 16. Property is Located
on Stemmons Rd., Sanger, Texas.
Attached is a form for you to sign stating whether or not you approve of this request.
If for any reason you do not approve, or have any questions regarding this request
please plan to attend this public hearing.
RC:sr
Enclosure
poi BOLIVAR STREET BANGER, TEXAS 76�66 940-4587930
P.O. BOX s7z9 940-458.41so FAX
P&Z 02/27/03
CC 03/03/03
To Consider a Zoning Change Request from B2 (Business 2) to SFSE (Single Family 5E) on
Property Legally Described as Abstract 71, Tract 22, Tract 21, Tract 20, Tract 15 and Tract
16. Property is Located on Stemmons Rd., Sanger, Texas.
If you disapprove this Request, please be in attendance at the scheduled meetings.
Please check one:
I approve of the Request
I disapprove of the Request
Comments:
SIGNATURE
Please Print Your Name
Isaacs, John C III Ranch LTD.
HC 2, Box 44
Canadian, TX 79014-9516
Milton Gheen
2004 S, Stemmons
Sanger, TX 76266
Akers, F E
P.O. Box 413
Sanger, TX 76266
KM Residential
119 Ridgecrest Cir
Denton, TX 76205=5401
Enderby Gas, Inc.
P.O. Box 717
Gainesville, TX 76241=0413
Dennis &Melissa Hartwell
216 Southside Dr.
Sanger, TX 76266
David &Shannon Widmer
214 Southside Drive
Sanger, TX 76266
Keith & Vanetta Shugart
212 Southside Dr.
Sanger, TX 76266
Allen &Leslie Leininger
208 Southside Dr.
Sanger, TX 76266
Jocelyn Allgood
206 Southside Dr.
Sanger, TX 76266
Ronald Jenkins
204 Southside Dr.
Sanger, TX 76266
Betty Morales
202 Southside Dr.
Sanger, TX 76266
Emilio Villareal V / (a r r enva,
200 Southside Dr.
Sanger, TX 76266
�S
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O
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Sanger Code of Ordinances
SECTION 13
"SF-5" - SINGLE FAMILY RESIDENTIAL DISTRICT - 5
General Purpose and Description - This district is intended to accommodate single family
residential development with the requirements as outlined below.
13.1 PERMITTED USES:
A. Uses permitted in the SF-5 District are outlined in the chart in Section 30.
13.2 AREA REGULATIONS:
A. Size of Yards:
A. Minimum Front Yard -Twenty-five feet (25')
B. Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side
street. No side yard for allowable nonresidential uses shall be less than twenty-five
feet (25').
C. Minimum Rear Yard - Twenty-five feet (25')
B. Size of Lots:
A. Minimum Lot Area - Eighty-four hundred (8400) square feet
B. Minimum Lot Width - Seventy feet (70')
C. Minimum Lot Depth - One hundred twenty feet (120')
C. Minimum Dwelling Size: One of the categories below will be assigned at the time of
zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as
follows:
A. Twenty-four hundred (2400) square feet
B. Two thousand (2000) square feet
C. Eighteen hundred (1800) square feet
D. Sixteen hundred (1600) square feet
E. Fifteen hundred (1500) square feet
D. Maximum Lot Coverage: Forty percent (40%) by the main building; Sixty percent (60%)
by the main building, accessory buildings, driveways and parking.
E. Parking Regulations: Not less than two (2) covered, enclosed (parking spaces shall be
provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be
Sanger Code of Ordinances
provided in Section 32,
F. Other Regulations
1. Accessory Buildings:
A. Minimum Front Yard - Sixty feet (60')
B. Minimum Side Yard - Ten feet (10')
C. Minimum Rear Yard - Ten feet (10')
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Items 6 & 7
Attached is the information on this item. The Lane's have actually only requested that 20 acres be
re -zoned, but as they have not submitted a plat or metes and bounds of the 20 acres, the only legal
description we have is for the two entire tracts.
The Planning and Zoning Commission unanimously recommended DENIAL of
the change, due to the amount of acreage involved. (Approximately 50 acres are included in both
tracts)
DEC-11'02(WED)
12156 502 WEST OAK STJ
9403826392
P, 001
LANIht REAL ESTATE
1 1 1 W. McKinney
Denton, TX 76201
940.384-7378
940-382-6392 Fax
lane.1@msn.com
December 11, 2002
Dear Jack Smith/City Manager
Please consider the following property for voluntary annexation;
Approximately 20 acres @ NE corner of Indian Lane and MCReynolds. We would
also like to ask for a zoning changein MF2. Thank you for your cooperation in
this matter.
Sincerely,
..
r
X;
Eddie Lane
v ,�
City of
February 99 2003
TO: Property Owners
FR: Rosalie Chavez, City Secretary
RE: Zoning Request Change
i
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing
at 201 Bolivar, in the Council Chambers on Thursday, February 27, 2003 at 7:00 P.M.
to Consider a Zoning Change Request from AG (Agriculture) to MF2 (Multi -Family
2) on Properties Legally Described as ABSTRACT 29, TRACT 61, BEING 24.31
ACRES, AND ABSTRACT 29, TRACT 609 BEING 25.22 ACRES. Properties are
located on McReynolds Road, East of the Cemetery.
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the
Council Chambers on Monday, March 3, 2003 at 7:00 P.M. to Consider a Zoning
Change Request from AG (Agriculture) to MF2 (Multi -Family 2) on Properties Legally
Described as ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND ABSTRACT 29,
TRACT 60, BEING 25.22 ACRES. Properties are located on McReynolds Road, East
of the Cemetery.
Attached is a form for you to sign stating whether or not you approve of this request.
If for any reason you do not approve, or -have any questions regarding this request
please plan to attend this public hearing.
RC:sr
Enclosure
�to1 BOLIVAR STREET BANGER, TEXAS 76t66 940-458.7930
P.O. BOX 17Z9 940-458.418o FAX
P&Z 02/27/03
CC 03/03/03
ZONING REQUEST
To Consider a Zoning Change Request from AG (Agriculture) to MF2 (Multi -Family 2) on
Properties Legally Described as ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND
ABSTRACT 29, TRACT 60, BEING 25.22 ACRES. Properties are located on McReynolds
Road, East of the Cemetery.
If you disapprove this Request, please be in attendance at the scheduled meetings.
Please check one:
I approve of the Request
I disapprove of the Request
Comments:
SIGNATURE
Please Print Your Name
List of Property Owners - Eddie Lane
Lane EMJ, Inc.
801 W. Oak St.
Denton, TX 762014083
McNatt, Al Family P/S LT ETAL
608 N. Bell Avenue #B
Denton, TX 762094276
Joe Fails
4489 McReynolds Rd.
Sanger, TX 76266
DEC-11'02(WED) 12,01 502 WEST OAK ST,P 9403826392 P4005
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February 21, 2003
To: Planning and Zoning Commission
Fr: Samantha Renz
Re: Items 7 & 8
Attached is the information on this request. There are a few items that need to be addressed on these
two plats, as of today they have not been addressed. We have been advised that they will be
addressed prior to the meeting Thursday night. The plat for Phase 2A has complied with our
requirements; however, the construction drawings have not been changed as indicated.
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
February 20, 2003
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Final Plats and Construction Details — 3`d Review
Sanger Trails Phase 2A — 8 Residential Lots & 2 Common Areas
Sanger Trails Phase 213 — 50 Residential Lots & 2 Common Areas
Sanger, Texas
Dear Mr. Smith:
Per your request I have reviewed final plats and construction details submitted by Cargill-
Cheshier & Associates for the project referenced above. Comments are referenced by the
Subdivision Ordinance of the City of Sanger, Texas as adopted September 21, 1987, Zoning
Ordinance adopted August 3, 1987, and Ordinance No. 05-06-01. My review comments are as
follows:
General Comments for Both Phases
1. None of my comments were addressed from my last review in March 2002.
2. All comments received from Public Works, Fire Department and Code Enforcement
should also be addressed prior to final plat approval.
3. The property is generally located north of FM 455 west of Marion Road in the eastern
portion of the City.
4. Per my last review I requested 15400t utility easement be placed along all street frontage
within the subdivision. In response I was informed by the developer's engineer that
the 15-foot easement was not required for final plat for Phase I of this subdivision. I have
reviewed the final plat for Phase 1 and no 15-foot easement was provided. It is my
recommendation that a 15400t utility easement be provided in accordance with our
ordinance.
5. A legend needs to be provided to identify all abbreviations used within the construction
drawings. This will clarify the design and help me in my review.
6. The revision date and number should be shown in the title block for each drawing sheet
that has been changed per review comments.
7. I would recommend that approval of these final plats be delayed until offsite
improvements have been completed as proposed in Phase 1 of this project.
Sanger Trails Phase 2A
1. The final plat and construction drawings are in general compliance with the subdivision
ordinance.
P.U. Box 596
PalloER, TX 76259
PHONE: 940-391-4845
FAX: 940-479-05J3
mdintxr('i iglide.net
U
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
Sanger Trails Phase 2B
Sheet 5
1. At the end of Silver Spur Drive the proposed grade associated with the grade -to -drain
note should be specified or the maximum allowable grade.
Sheet 7
l . As -per my previous review the developer has agreed to hydromulch all disturbed areas
within the proposed detention basin to establish vegetation mainly for bank erosion
control. I am concerned that the proposed 3:1 slopes of the basin banks are to steep for
routine maintenance of the basin and, frankly, looks like a large hole in the ground which
from an aesthetic point of view is not very desirable. I would recommend a minimum of
4:1, preferably 6:1, slopes be utilized to facilitate maintenance and to maintain safety and
aesthetic value of the subdivision. I would also recommend to council that the
subdivision no be accepted until vegetation has been established over the entire area of
the basin.
Sheet 11
1. Need to show a detail •fora Type "C" headwall a specified for the Silver Spur Drive cross
culvert.
Sheet 16
1. The manholes located at Stations 0+00 and 2+80.04 of Line "I" have significant drops in
them and have not been specified as drop manholes. I would recommend that the inlet
flowline elevations be dropped to an elevation of 1/10"' of foot higher than the called out
flowline elevation of the outlet. Drops of these types of magnitudes within manholes that
have not been designed as drop manholes tend to have problems with odor and should be
eliminated wherever possible.
If you have any questions or need any further information, please call meat (940) 391-4845.
Mark T. Owens, P.E.
General l Consulting Engineer
CC: Roger Hebazd
P,O. Box 596
PONDER. TX 76259
PHONE: 940-391-4845
FAX: 940-479�i593
muin�x;cii glile. net
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Items 8
Mr. Gienndenning will be back to address the Council on this item.
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #9
Attached is the information on this item. David Pennington, Fire Chief, will be present at the
meeting to address this item.
THESE ARE CONFIDENTIAL DOCUMENTSI PLEASE DO NOT FORWARD THESE DOCUMENTS OR THEIR
WEB LINKS TO ANY OTHER PARTIES, INCLUDING OTHER GOVERNMENT AGENCIES AND THE PRESS.
It is our honor to serve you and support homeland security. We look forward to working with you to acquire the
vehicles and equipment you need to protect and serve your community.
This document should answer many of your questions. If you have additional questions, please contact us:
GOVERNMENT ACQUISITIONS, INC. Confidential Document Page 1 of 3
.
GOVERNMENT ACQUISITIONS, INC. Confidential Document Page 2 of 3
GOVERNMENT ACQUISITIONS, INC. Confidential Document Page 3 of 3
ir! C 5 5
THIS AGREEMENT (the "Agreement") is made and entered into as of this 3`d day of February 2003 (the
"Effective Date"), by and between Government Acquisitions, Inc., a Delaware corporation, Vehicle Procurement
Division (hereinafter referred to as "GAVPD"), and the City of XYZ (hereinafter referred to as the "Town, City, State"), a
Town, City, State Municipal / Governmental Corporation located in XYZ County, XYZ.
For contract clarifications, call our office 104 /// 2424
RECITALS:
WHEREAS, the Town, City, State desires to purchase Vehicles with Sponsor Endorsement for the nominal
sum of One dollar ($1.00) per Vehicle for unfettered use as Government Vehicles in its Government Departments,
thereby enabling the Town, City, State to have additional Government Vehicles to provide homeland security and
assure the safety and welfare of the Town, City, State while avoiding the expenditures and budgetary concerns
associated with the purchase of such Vehicles at fair market value; and
WHEREAS, GAVPD believes itself to be wng and able to provide the Town, City, State with the desired
Vehicles at the required price and in accordance with all directives and requirements of all persons and entities, who
together produce the Vehicles with Sponsor Endorsement (as hereinafter defined);
WHEREAS, applicable to such agr e G�VnI*ottmm� I TIwI, Ci_ty, tat (hIreina�'er�he�"Parties")mutually desire to set forth the terms
/ A \ ( I
NOW, THEREf O�,�tE, for the m� to I�nsi ratio s t f 1i�P8yn�o h arties hereby acknowledge the
adequacy of which, GAVPD and the Town, City, State, intending to be legally bound, hereby covenant and agree as
follows:
1. Definitions.
"Approval" mea
obtained for eacl
of the fioonsor Endorsement
"Business" means the sale arranged by GAVPD from a New Car Dealership to the Town, City, State of the
contemplated Vehicles (as hereinafter defined).
"Delivery/Deliver/Delivered" means the actual date upon which the Vehicle is presented to the Town, City, State
for utilization and the transfer of title to the Town, City, State is accomplished.
"GAVPD" means Govemment Acquisitions, Inc., Vehicle Procurement Division.
"Government Departments" means the departments within the Town, City, State Government; law enforcement,
fireI rescue, EMS, etc. that will use the Govemment Vehicles.
"Government Vehicles" means vehicles used in a official capacity by government employees to serve the public.
"Indemnified Party" has the meaning set forth in Section 11 below.
"Indemnifying Party" has the meaning set forth in Section 11 below.
"Intellectual Property" means all trade names, trademarks, service marks, copyrights, licenses, sublicenses,
patents and "trade dress".
New
Car Dealer" means a Licensed Dealer of New Cars, to be determined by GAVPD or by the Town, City, State
when required by State contract laws.
"Party/Parties" has the meaning set forth in the preface above.
"Person° means an individual, a partnership, a limited liability company, a corporation, an association, a joint stock
company, a trust, a joint venture, an unincorporated organization or a governmental entity (or any department,
agency or political subdivision thereof).
Agreement for Government Vehicles with Sponsor Endorsement (Page 1 of 13)
"Sponsor(s)n means the sponsors and advertisers affiliated with themed designs, artwork, decals and related
graphic design work that will be painted, placed or used upon each of the Vehicles (as hereinafter defined)
"Sponsor Endorsement" means the themed designs, artwork, decals and related graphic design work that will be
painted, placed or used upon each of the Vehicles (as hereinafter defined).
"Vehicles ", means a brand-new current year model motor vehicle or any other vehicle, which have been
approved by the Parties prior to Delivery.
"Vehicle Equipments means the items; to be agreed upon for each Delivery, shown on Exhibit A (when available),
along with such other items as the Parties agree.
"Government Indicia" means the required seals, decals, blue -lights, etc., to label the Vehicle as a Town, City,
State Government � hlcl�,,,'e,�.
"Products° means ro i h
include photos, like j es, rend n
Department Insigni and Tow
Department insignias and/or Town, City, State decals.
"Purchase Price" has the meaning set forth in Section 2 below.
"Ro al "has the ea mg s fo h wn 2 elow Q
"Revenues" has thl m set o III SUGLI n /1q)k —
set forth in Section 12 below and
Town, City, State
own, City, State
"Tenor of Use" means the 36-month period of usage in which the Town, City, State will use the Vehicle.
"Third Party Claim" has the meaning set forth in Section 11 below.
"Town, City, State" means the incorporated government /municipality of the City of XYZ.
2. Purchase Price. GAVPD agrees to arrange the sale to the Town, City, State and the Town, City, State agrees to
purchase from a New Car Dealer each Vehicle that will bear Sponsor Endorsement for the sum of One dollar
($1.00) for unfettered use by the Town, City, State pursuant to the conditions of this Agreement.
3. Term. The term of this Agreement shall continue, providing GAVPD provides to the Town, City, State a minimum
of one (1) Vehicle per year (as defined herein) from the date hereof, subject to termination as hereinafter set forth
or extension by mutual agreement of the parties.
4. Delivery and Transfer of the Vehicles to the Town, City, State.
a. The sale and transfer of the Vehicle(s) will be effectuated with a standard Vehicle sales contract and
transfer of certificate of title, substantially in accordance with the customary transfer of vehicles to the
Town, City, State, and all rights of title to a vehicle shall vest in the Town, City, State except the right to
direct, control and alter the Sponsor Endorsement, which said rights shall remain exclusively with GAVPD
as the licensee of its licensors, advertisers and sponsors.
b. GAVPD warrants that it shall Deliver or cause to be Delivered to the Town, City, State one (1) Vehicle
within twelve (12} months of the execution date of this Agreement. Thereafter, GAVPD warrants that it
shall Deliver to the Town, City, State a minimum of one (1) Vehicle within each following twelve-month
period of the execution of this Agreement. If requested by the Town, City, State, GAVPD shall be allowed
to Deliver more than one (1) Vehicle per twelve-month period to the Town, City, State under the terms of
this Agreement without penalty. However, if GAVPD shall fail to produce the minimum amounts of
Vehicles as outlined above, the Town, City, State may proceed under the Termination provision in Section
8(a)(iii) of this Agreement and shall have no other remedy at law or equity and GAVPD shall have no
Agreement for Government Vehicles with Sponsor Endorsement (Page 2 of 13)
further penalty, liability or obligation to the Town, City, State.
5. Representations. Obligations and Warranties of GAVPD. GAVPD makes the following representations,
obligations and warranties to the Town, City, State, with the intention that the Town, City, State may rely upon the
same, and acknowledges that the same shall be true as of each Delivery (as if made upon each Delivery):
a. Organization. GAVPD is a corporation validly existing and in good standing under the laws of the State of
Delaware. GAVPD has all requisite power and authority to own its properties, assets and conduct its
Business.
b. Authority. GAVPD has all requisite power and authority to execute, pertorm and carryout the provisions of
this Agreement.
c. Intellectu roe is, d w , auth nze upon c Delivery and throughout the Term of
Use to us at d e y nt Ilectu I P e y rel toLtothe Vehicles, and to the best of
GAVPD's n t e s of h Int I ct al opby A Dcontemplated herein is and will not
violate or nfr ge the ri_ ht o a Pe o . �—�
d. Contract and License Rights. The rights of GAVPD under any contracts and licenses obtained by
GAVPD to perform its duties and obligations under this Agreement are and will be valid and enforceable
by GAVPMvn,=te
Qld
ctive t pone t the Term of Use
by the Toe. A ears All theown, i S e un er the e s of this Agreement
shall fully a itih' as her ' o et for
whic y include, having
placed thereon all Intellectual Property indicia which are approved and licensed by the respective licensors
for placement upon the Vehicles with Sponsor Endorsement.
f. Prohibited Endorsement. In no event shall the Vehicles with Sponsor Endorsement contain or include
any sponsor name, logo, trademarks, service marks, decals, trade names or any copyrighted or un-
copyrighted reference on the vehicle, of an alcohol, tobacco, firearms, or gaming company or product.
Prior to Delivery, both Parties agree to make their best efforts to reasonably determine that the Sponsor
Endorsement on each Vehicle will be appropriate in its message and not reflect poorly on the Town, City,
State.
g. Warranties Specific to Sponsor -Themes and Authority.
i. GAVPD shall provide to the Town, City, State written proof of authority of all entities or Persons
whose Intellectual Property or indicia of sponsorship and/or names appear upon the Vehicles
and/or who or which are shown on the Vehicles, and such authority must exist and continue
throughout the Term of Use.
ii. GAVPD will assure that each Vehicle Delivered to the Town, City, State shall have the Sponsor
Endorsement for the Sponsor that it purports to be advertising. All template approvals by the
Town, City, State and any up4tting or installation of additional Vehicle Equipment done on the
vehicle by GAVPD, prior to Delivery, shall be attached hereto as an addendum to the Agreement,
and may be executed in counterparts, all of which taken together shall constitute one instrument.
Following Delivery of a Vehicle to the Town, City, State, the Town, City, State will not be required
to update the Sponsor Endorsement. However, GAVPD may update the Sponsor Endorsement to
the vehicles from time -to -time if GAVPD deems it necessary. Any updates shall be at GAVPD's
expense. Furthermore, The Town, City, State will not unreasonably withhold its approval of any
Vehicle or Sponsor Endorsement.
The Town, City, State shall be required to maintain the Vehicle(s), less ordinary wear and tear, in
the same condition as upon acceptance and Delivery of the Vehicle, without alteration to any of
the Sponsor Endorsement and designs located on the body of the Vehicle, except the Town, City,
State shall add Government decals to the Vehicles, that do not interfere with the Sponsor
Endorsement and designs and will be located in areas on the body of the Vehicle that are the
Agreement, for Government Vehicles with Sponsor Endorsement (Page 3 of 13)
same as, or similar to, existing Government decal locations on existing Government vehicles.
GAVPD shall use its best efforts to work with Government Officials on placement of Sponsor
artwork and Town, City, State decals on the body of the Vehicle. GAVPD retains the right to make
the final determination of placement of Sponsor artwork pursuant to individual licensing
agreements with individual sponsors. The Town, City, State has ultimate authority to determine
placement of Town, City, State decals on Vehicles that do not cover or interfere with existing
Sponsor artwork. Both Parties agree to work together to label the Vehicles as Government
Vehicles in a manner reasonably necessary to clearly advise the Public that the Vehicles are
Government Vehicles.
6. Representations, Obligations and Warranties of the Town, City, State. The Town, City, State makes the
following representations, obligations and warranties to GAVPD, with the intention that GAVPD may rely upon the
same, and acknowledges that the same shall be true as of each Delivery (as if made upon each Delivery):
a. Organization. The Town, City, State is a governmental /municipal corporation duly organized, validly
existing an nIni
uMrol
la f the S XYZ. Town, City, State has all requisite
power and ut v s, sisis an coAdu t its B si tess.
b. Authority. h Town, Ci toe as I r�ui ate ower and a th rit ute, perform and carry out
the provisiobslf this Agr6 a he Vate has n1all raquiel' corporate action
authorizing and empowering it to enter into this Agreement and to consummate the transactions
contemplated herein.
c. Non-contrvention. To a best of the win, Ci t e's kn wiled a er the exec tion and. delivery
of this Agre .,m j
nor he c ns mmatf n f the ra ct ns nt here y: i) will materially
violate any to u, re la io , rule, inju ion, d t, oc di , , dec ee ruling, charge, or
other restri ion any g e m nt, go a nt u to which the o n, City, State is
subject to; an o e bees o the Town, C y, State's know a ge, it does not nee to give any notice to,
make any filing with, or obtain any authorization, consent, or approval of any government or governmental
agency in order for the Parties to consummate the transactions contemplated by this Agreement.
d. Tenn of Use of Vehicles. The Town, City, State hereby acknowledges and agrees that each Vehicle with
Sponsor Endorsement shall be used for thirty-six (36) months from the date of Delivery of said Vehicle to
the Town, City, State. Upon each Vehicle reaching the completion of its term of usage, the Town, City,
State agrees that it will remove and/or strip, or cause to be removed and/or stripped, all paint and indicia of
Sponsor Endorsement from the Vehicle prior to selling the Vehicle to GAVPD pursuant to Purchase Option
below.
e. Purchase Option. The Town, City, State hereby grants GAVPD an option to purchase every Vehicle
provided to the Town, City, State by GAVPD pursuant to this agreement, at the end of its Term of Use, for
the nominal sum of One dollar ($1.00), for the unfettered use by GAVPD.
f. Delivery and Transfer of the Vehicles to GAVPD. The sale and transfer of the Vehicles) will be
effectuated with a standard Vehicle sales contract and transfer of certificate of title, substantially in
accordance with the customary transfer of vehicles to GAVPD, and all rights of title to a vehicle shall then
vest in GAVPD.
g. Authorization of Sponsor Endorsement, The Town, City, State agrees that it will designate an agent of
the Town, City, State to authorize, (authorization not to be unreasonably withheld) paint, decal and
graphics placement based on an illustration and description of each Vehicle with Sponsor Endorsement
prior to Delivery of each Vehicle, in an endeavor to insure that the Vehicle with Sponsor Endorsement will
be perceived as appropriate for use as a Government Vehicle to the extent the Town, City, State is able to
do so under the terms of this Agreement.
h. Covenant Not to Contract. The Town, City, State covenants and agrees that it will not contract with any
other person or entity to provide it with any type of Vehicle with Sponsor Endorsement throughout the term
of this Agreement, unless GAVPD materially defaults as to any covenants or conditions of this Agreement
Agreement for Government Vehicles with Sponsor Endorsement (Page 4 of 13)
and does not undertake to cure said default in accordance with the provisions hereof.
Maintenance of Vehicles and Insurance Coverage.
i. GAVPD shall provide to the Town, City, State written proof of authority of all entities or Persons
whose Intellectual Property or indicia of sponsorship and/or names appear upon the Vehicles
and/or who or which are shown on the Vehicles, and such authority must exist and continue
throughout the Term of Use.
ii. The Town, City, State shall maintain all Vehicles sold to the Town, City, State so that the Sponsor
Endorsement remains in substantially the same condition as it was upon acceptance of Delivery of
the Vehicle by the Town, City, State, less ordinary wear and tear. The Town, City, State shall
maintain a clean appearance of the exterior of the vehicle(s). The Town, City, State shall not alter
any of the said S onsor Endorsement, except to the aforementioned extent required to properly
oui� n and_lAb I t e Vehicks asF vernmoht Vehicles durluant to the terms of this Agreement.
Peconditilor
ievpe Wr maen, City, Sat s all ccoplish h re e i Vehicle a d/or Sponsor Endorsement to
was in prior to a amage being sus aine ai repairs shall be accomplished
within sixty (60) days of the damage incurred, unless such cannot be accomplished due to factors
beyond the control of the Town, City, State.
11 "Illy
Ana Ak On
0 0 the Vehicle.
v. In support of its obligations under this Agreement, the Town, City, State shall procure and
maintain during the term of this Agreement and any extensions or renewals thereof, general
liability, property damage and bodily injury insurance and liability insurance for the Vehicles owned
by the Town, City, State with Sponsor Endorsement.
7. Conditions to Obligations of the Town, City, State. The obligations of the Town, City, State to purchase the
Vehicles in connection with this Agreement are subject to satisfaction of the following conditions:
a. The representations, obligations and warranties of GAVPD set forth in Section 5 shall be true and correct
in all material respects.
b. GAVPD shall have performed and complied with all of its covenants hereunder in all material respects.
c. GAVPD shall have delivered and the Town, City, State shall have received all other authorizations,
consents and approvals of Sponsors referred to herein.
8. Termination.
a. Termination of Agreement. This Agreement may be terminated as follows:
i. The Town, City, State and GAVPD may terminate this Agreement by mutual written consent at
any time.
ii. GAVPD may terminate this Agreement by giving written notice to the Town, City, State at any time
prior to Delivery of the first Vehicle.
Either Party may terminate this Agreement by the noticing Party giving written notice to the other
Party at any time in the event: (1) the other Party has materially breached any representation,
obligation, warranty or covenant contained in this Agreement in any material respect; (2) the
noticing Party has notified the other Party of the material breach; and (3) the material breach has
continued without cure for a period of 30 days after the notice of breach.
Agreement for Government Vehicles with Sponsor Endorsement (Page 5 of 13)
b. Consequences of Termination. In the event of termination of this Agreement, GAVPD and the Town,
City, State each will use all reasonable efforts to keep confidential any nonpublic information about the
other Party obtained pursuant to this Agreement and not use said information in any manner whatsoever;
however, the Town, City, State must, continue to use any Vehicle(s) already delivered for the remainder of
the Vehicle Term of Use.
c. Effect of Termination. If the Parties mutually terminate this Agreement prior to the Delivery of the first
Vehicle, all rights and obligations of the Parties hereunder shall terminate without any liability of any Party
to the other Party. However, once a Vehicle is Delivered by GAVPD to the Town, City, State,
notwithstanding any provision in this Agreement to the contrary, the Town, City, State must continue to
use each Delivered Vehicle, subject to the provisions of Section 18 herein, for the remainder of the Vehicle
Term of Use as set forth herein. This provision shall survive and continue in full force and effect after
termination through the Term of Use, subject to the provisions of Section 18 herein.
9. Breach by the Town, Citv. State. The Town, City, State acknowledges that its breach of any of the material
terms of this Agree iMind
'to GA , ' s liceItt
, advertisers, and sponsors, and
that the remedies a la b e equa cc rdingle Town, City, State agrees and
consents that GAV D, i s icen o d ons rs m d 'ion other remedies available at law
and inequity, shall a ntitledto of p er anent in'un io t and/or halt a breach or
threatened breach y of the rient, or tween GAVPD and it's
licensors, sponsors, and advertisers, a copy of which has been provided to the Town, City, State, or such other
relief as may be granted by the Court.
10. Breach by GAVPDt GAVPD a
result in irreparable inj ry to th T w it , State, nd at " ref
inadequate. Accord ngl , GAV D g ees and c ent th T
available at law an in equi y, sh b e tit ed b t pr
a breach or threatene reac of any o the ma enal erms of this
granted by the Court.
11. Remedies for Breaches of this Agreement.
of
ment will
�h a re ch may be
Fr
dies
E3EE
halt
ay
a. Survivalof Representations, Obligations and Warranties. All of the representations, obligations and
warranties of GAVPD contained in Section 5 and as to the Town, City, State as contained in Section 6
shall survive the execution hereof and shall continue in full force and effect.
b. Indemnification Provisions for Benefit of GAVPD and Indemnitees. The Town, City, State agrees to
and shall indemnify, defend and hold GAVPD and GAVPD's licensors, advertisers and sponsors of
Vehicles owned by the Town, City, State with a Sponsor Endorsement and whose indicia and Intellectual
Property appear on the Vehicles, and all of their directors, officers, members, managers, agents,
sponsors, heirs, successors and assigns, (singularly or collectively, the "Indemnitees") harmless from any
and all claims, damages including, without limitation, punitive, incidental, and consequential damages,
losses, liabilities sought to be imposed on Indemnitees, costs and expenses (including reasonable
attorneys fees) including, without limitation, property damage, bodily injury, sickness and/or disease,
including death at any time resulting from such property damage, bodily injury, sickness and/or disease
sustained by any person, if or where such injury, sickness, disease and/or death arose out of or was in any
way connected with the arising out of or in connection with the Vehicle after Delivery to the Town, City,
State, and against any and all claims, damages, losses, liabilities, costs and expenses (including
reasonable attorney fees) caused by the Town, City, State's unauthorized use of any Intellectual Property
on the Vehicle. This indemnity shall require that the Town, City, State promptly pay upon demand by
Indemnitees all losses, damages, liabilities, costs, expenses and reasonable attorney fees expended by
Indemnitees in the, defending or settlement of any claims or litigation asserted against Indemnitees.
c. Indemnification Provisions for Benefit of Town. City, State. GAVPD agrees to and shall indemnify,
defend and hold the Town, City, State harmless from any and all claims asserted against the Town, City,
State by any licensor, advertiser, sponsor or any entity or Person who or which has any unauthorized or
unlicensed indicia of sponsorship, or connection thereto, placed upon the said Vehicles as a part of the
Sponsor Endorsement. Therefore, if GAVPD Delivers to the Town, City, State a Vehicle with Sponsor
Agreement for Government Vehicles with Sponsor Endorsement (Page 6 of 13)
Endorsement, with Intellectual Property that GAVPD has no authority, license or right to use then the
Town, City, State shall be held harmless by GAVPD for any infringement claims to such Intellectual
Property. Such indemnity of GAVPD shall extend to and protect the Town, City, State for any claims
asserted for any infringement by the Town, City, State, directly or indirectly, of any Intellectual Property or
Sponsor's mark, trademark, patent or any other ownership right of any Person or entity asserted with
regard to any matter related to the Sponsor themes appearing on the Vehicles) of the Town, City, State,
unless the Town, City, State or any of it's employees engaged in any unauthorized use of the Intellectual
Property, then GAVPD shall not be responsible any indemnification of the Town, City, State.
d. Matters Involving Third Parties.
i. If any third party shall notify any Party (the "Indemnified Party") with respect to any matter (a "Third
Party Claim's which may give rise to a claim for indemnification against any other Party (the
"Indemnifying Party' under this Section, then the Indemnified Party shall promptly (and in any
eve ( u ' days r recei ' otice o Third Party Claim) notify each
Ind n' rt t r of 'n ' in p ovide , h w er, th t f ilure to provide such notice on a
tim y II of re a the n e nifyi g� may fits obligations under this Section
exc of o e e t t e In ifvi rt is call r ud such failure.
The Indemnifying Party will have the right at any time to assume and thereafter conduct the
defense of the Third Party Claim with counsel of its choice; provided, however, that the
Indemnifying Party will not consent to the entry of any judgment or enter into any settlement with
res o e y aim ' hout th pno writte consen o e n emni i d Party (not to
be r sona 'th el or e y d) u s��%he dgm nt ttl e t involves only
the ay ent of o e d s d d s p se n i ' or of er quitable relief upon
the d P �� �—�
iii. Unless and until the Indemnifying Party assumes the defense of the Third Party Claim as provided
in Section 11(d)(i� above, the Indemnified Party may defend against the Third Party Claim in any
manner it reasonably may deem appropriate.
iv. In no event will the Indemnified Party consent to the entry of any judgment or enter into any
settlement with respect to the Third Party Claim without the prior written consent of each of the
Indemnifying Party (not to be unreasonably withheld or delayed).
v. In the event that a Party suffers damage or loss in respect of which it has or makes a valid claim
against another Party for indemnification, it must take reasonable steps to mitigate its loss or
damage.
12. GAVPD's Licensing of Certain Products. Subject to the Town, City, State giving its prior approval, the Town,
City, State acknowledges that GAVPD may license Products that relate to the subject matter of this Agreement
that bear a similar or the same characteristics as the Vehicles with the Sponsor Endorsement. In the event
GAVPD shall manufacture, produce, market and/or sell such Products that bear the Town, City, State Seal or uses
the Town, City, State's Town, City, State name, GAVPD shall pay to the Town, City, State a royalty payment
(hereinafter "Royalty's equal to ten percent (10%) of GAVPD's Net Revenues (as defined herein below) for that
particular Product. "Net Revenues" shall be defined as, and the Royalty shall be calculated based on, revenues
generated by GAVPD during the previous calendar quarter after GAVPD has paid all business overhead as it
relates to the Product(s), including, without limitation, commissions, and payment of all other royalties to all
licensors, advertisers and sponsors of their respective royalty payments, and shall be paid by GAVPD to the Town,
City, State within sixty (60) days following the end of each calendar quarter.
13. Right to Sublicense. The Town, City, State .acknowledges that it will not be granted any rights in any license
obtained by GAVPD and the Town, City, State shall not, during the Term hereof, without the prior written consent
of GAVPD, attempt to sublicense or represent that it has a license, to any third party, in whole or in part, in regards
to any Intellectual Property or any rights granted to GAVPD by any corporate sponsor or advertiser; any such
attempt shall be void and of no force or effect and shall constitute a material breach of this Agreement.
Agreement for Government Vehicles with Sponsor Endorsement (Page 7 of 13)
rc �. ,��,
� �� „
14. Grant of License to GAVPD. Throughout the Term hereof or until the default of GAVPD, and subject to the
Town, City, State giving its prior approval of the Product(s) bearing the Town, City, State's seal or name or of any
photo or drawing of a Product or use thereof, The Town, City, State hereby grants to GAVPD, an exclusive license
and world-wide right, with rights to sublicense through multiple tiers of sub4censees, to reproduce and make
derivative works of the Town, City, State's Vehicles, insignias and seals (including, without limitation, Town, City,
State Seal, Town, City, State insignias, photographs or renderings of the Vehicles with Town, City, State indicia
present, Town, City, State employees with the Vehicles, with Town, City, State indicia, and any other promotional
Products pre -approved by the Town, City, State) for use in connection with the manufacture, packaging,
advertising, promotion, sale and distribution of Products. The Town, City, State warrants to GAVPD that it owns all
right, title and interest in or has the right to license, or the right to approve use of, the Town, City, State's insignias
and seals; that the Town, City, State is not aware of any law, rule, pending or threatened claim or litigation against
the Town, City, State (nor, to the knowledge of the Town, City, State, does there exist an basis therefore)
contesting the Town, City, State's ownership or right to use any rights herein mentioned in connection with the
manufacture, distribution or sale of the Products.
15. Conflicts of Interest. No member of the governing body of the Town, City, State and no officer, employee, or
agent of the Town, g1ty, State s aMvq"WT '}�ersorFTteresVMr9N or indM, in this Agreement.
16. Notices. All noti�
notice, request, d
registered or cert
set forth below:
If to GAVPD:
Government Acquisi
Vehicle Procuremen
Post Office Box 481
Charlotte, NC 28269
Physical:
11430 Coreopsis Road
Charlotte, NC 28213
Phone: 704 777 2424
Fax: 413 691 2937
claim, c
ril, return
with a copy to•
Callan H. Bryan, Esq.
Vandiver & Bryan, PLLC
18115 W. Catawba Ave.
Cornelius, NC 28031
If to the Town. Citv. State:
City of XYZ
111 Street
(YZ, XYZ 11111
Phone: 111 111 1111
71i$ti tion h reunder will be in writing. Any
al e e ly given if it is sent by
paid, the intended recipient as
{Copy of initial agreement not required}
Any Party may send any notice, request, demand, claim, or other communication hereunder to the intended
recipient at the address set forth above using. any other means (including personal delivery, expedited courier,
messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such notice, request, demand, claim,
or other communication shall be deemed to have been duly given unless and until it actually is received by the
intended recipient. Any Party may change the address to which notices, requests, demands, claims, and other
communications hereunder are to be delivered by giving the other Party notice in the manner herein set forth.
Agreement for Government Vehicles with Sponsor Endorsement (Page 8 of 13)
'C6
17. Legality. The Parties agree that, if at any time subsequent to the execution of this Agreement, any material
provision hereof or the performance of this Agreement is ruled void, illegal, or barred or violative of any legality by
any Court of competent jurisdiction, arbitrator or by Legislative Act, then this Agreement shall automatically
terminate and neither Party shall have any rights or claims against the other, and this Agreement shall be void ab
initio. The Town, City, State shall then return any Vehicles pursuant to the terms of 6(d), 6(e) and 6(f) of this
Agreement.
18. General Provisions.
a. Governing Law. This Agreement will be governed by and construed in accordance with the domestic laws
of the State of North Carolina without giving effect to any choice or conflict of law provision or rule
(whether of the State of North Carolina or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than the State of North Carolina.
b. Severability. n o e r ore the ro ision o to ed in hi Agreement shall, for any reason,
be held to bebt
, ' I r n of ea e n ny rep , su h in li ity, illegality or unenforceability
shall not affe r visort ' A ee e , a s A rem t shall be construed as if such
invalid, illeganenforce bl p vi ion d ne e e in erein. If m reover, any one or more
of the provisions contained m is greemen s all or any reason e held to e excessively broad as to
duration, scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable
to the extent compatible with the applicable law as it shall then appear.
•• l
e. Force Maieure. Either party shall be excused from delays in pertorming or from its failure to perform
hereunder to the extent that such delays or failures result from causes beyond the reasonable control of
such party; provided that, in order to be excused from delay or failure to perform, such party must act
diligently to remedy the cause of such delay or failure.
f. Waiver. No waiver by GAVPD of any breach of this Agreement shall be a waiver of any preceding or
succeeding breach. No waiver by GAVPD of any right under this Agreement shall be construed as a
waiver of any other right. GAVPD shall not be required to give notice to enforce strict adherence to all
terms of this Agreement.
g. Lepal Fees. If any dispute arises between the Town, City, State and GAVPD with respect to the matters
covered by this Agreement which leads to a proceeding to resolve such dispute, the prevailing party in
such proceeding shall be entitled to receive its reasonable attomeys' fees, expert witness fees and out-of-
pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.
h. Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended
solely for convenience of reference and are not intended for any other purpose whatsoever or to explain,
modify, or place any construction on any of the provisions of this Agreement.
i. Construction. The Parties to this Agreement have participated jointly in the negotiation and drafting of
this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement
shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise
favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules
and regulations promulgated there -under, unless the context requires otherwise. The word "including"
shall mean including without limitation.
j. Entire Agreement and Amendments. This Agreement is the final, complete and exclusive agreement of
the parties with respect to the subject matter hereof and supersedes and merges all prior discussions
between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights
Agreement for Government Vehicles with Sponsor Endorsement (Page 9 of 13)
V?U,CUPf
under this Agreement, will be effective unless in writing and signed by both parties.
k. Expenses. The Town, City, State and GAVPD will bear their own costs and expenses (including legal
fees and expenses) incurred in connection with this Agreement and the transactions contemplated hereby.
I. Submission to Jurisdiction. Each of the Parties consents to the exclusive jurisdiction of the courts of
Mecklenburg County, North Carolina for any legal action, suit, or proceeding arising out of or in connection
with any appeal from any action, suit, or proceeding, and agree that any such action, suit or proceeding
may be brought only in such courts. Each of the Parties further waives any objection to the laying of venue
for any such ui , i o i ins cArt
s to accept and acknowledge
service of a y a ro es t at ay a o , o proceeding. Each Party agrees
that any se is s u o it e r id a , return receipt requested to such
Party at the d ress in th N ti s e n b d o pest effective service of
process upo ch Party yh suit,
m. Non -Binding Arbitration. All disputes, claims and controversies between the Parties arising under or in
connection eme a agree s, docu ered in
connection er th T wrLrAu.Sta and P , orth pan terpretation or
breach here f there (i cl di ((gg�^ of imit t t itra ilit atteUa
all be attempted to
first be settl d t rbi ra io a a tte no ce y any party. arbitrator shall be
selected by e e the P ie . e a i n o gree on an ator, theAmerican
Arbitration Association, using the qualifications set forth hereinabove, shall select one. The arbitration
proceeding shall occur in Mecklenburg County, North Carolina, or such other place as may be selected by
mutual agreement. The Town, City, State and GAVPD shall use their best efforts to cause the arbitrator to
render a decision within ninety (90) days after a matter is submitted to arbitration. Appeal may be had by
either party to the state courts of Mecklenburg County, North Carolina on any decision entered upon the
final award of the arbitrator, as such arbitration award shall not be final. The Party that does not
substantially prevail at arbitration shall pay the fees and expenses of the arbitrator and the American
Arbitration Association and the reasonable attomeys' fees of the prevailing Party. The arbitrator may not
award punitive damages. This Section shall survive termination of this Agreement under any
circumstances.
n. Counterparts. This Agreement may be executed in counterparts, all of which taken together shall
constitute one instrument. The parties agree to cooperate fully and execute any additional documents
necessary to give full force and effect to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
Agreement for Government Vehicles with SponsotEndorsement (Page 10 of 13)
ATTEST:
XYZ, Clerk
By:
Ken Allison, President
CITY OF XYZ:
By:
XYX, Mayor
Agreement for Government Vehicles with Sponsor Endorsement (Page 11 of 13)
(SEAL)
.Agreement for Government Vehicles with Sponsor Endorsement (Page 12 of 13)
EXHIBIT A
Agreement for Government Vehicles with Sponsor Endorsement (Page 13 of 13)
➢ Following the events of September 11th we were contacted by local
law enforcement to and asked to develop a program to supply the
vehicles and equipment necessary for them to provide homeland
security and protect and serve in our communities. At that time,
President Bush made his call to support homeland security. We
decided to accept the challenge and developed the program.
➢ In August 2002, we released the prograr>� nationally. So far, we've
been contacted by over one thousand law enforcement, fire, rescue,
EMS and other government agencies throughout America.
➢ For an updated list of towns, cities, states, etc. that have adopted the
program, you can visit our website:
http://GoNiernment'Acguisitions.com
Answering The Call
For Homeland Security
➢ Instead of you obtaining additional government funding or increasing taxes, the
program provides an avenue for us to raise money from local, regional and
national companies and organizations. We utilize these funds to purchase and
donate brand-new, equipped vehicles to your government agency, enabling
you to provide homeland security and protect and serve in your community
(sponsor logos / advertisement required).
➢ The vehicle theme can be your choice of very creative or conservative.
➢ Patrol, emergency, School Resource Officer, K 9, command vehicles, trucks
and other vehicles required to provide homeland security are available.
➢ Our ability to get vehicles and equipment depends on local, regional and
national sponsor interest in your area. We work with sponsors and advertising
agencies on your behalf.
➢ You are welcome to make any contacts you want and refer them to us.
1
We do not endorse alcohol, tobacco, firearms, gamming or any other
inappropriate sponsor that could reflect poorly on the department (no donut, sex
product, political campaign, etc.) will be accepted. Only appropriate sponsor
advertisements will be accepted. We work with you and the sponsor on each
vehicle layout and you approve the layout of each vehicle, prior to delivery.
9 There are no conflict of interest issues to worry about, since the sponsors
contract with and pay us for advertising. We utilize those funds to purchase and
donate the vehicles and equipment to the department.
You pay $1.00 to the new car dealer and receive the title at time of delivery. In
three years you sell the vehicles to us for $1.00. Our objective is to supply all of
the vehicles and equipment you need and re -supply them every three years —
reducing high repair costs and breakdowns.
Our company and the sponsors must be indemnified from any liability resulting
from the use of the vehicles. You can use our national insurance carrier if you
deem it necessary to obtain additional insurance coverage.
Conservative Themes
➢ Conservative Themes keep with your same paint and decal
layout. We utilize unused space —hood, trunk, quarter panels.
.� •
➢ Optional creative themes can range from race car themes
(below), DARE type themes for School Resource Officer
vehicles, and any other creative theme that you may want.
All Major Television Networks:
➢ ABC
➢ CBS
➢ NBC
➢ CNN
➢ TNT
➢ TNN
➢ Adelphia
➢ ESPN
➢ Associated Press
➢ American City &County
Magazine
➢ Law & Order Magazine
➢ Washington Post
➢ USA Today
➢ LA Times
➢ The Paul Harvey Show
➢ Fox ➢Many Other Local,
Regional &National Media
Sources
Currently, we have stories scheduled with People Magazine, NBC Nightly
News with Tom Brokaw, ABC World News Tonight with Peter Jennings,
CNN Financial and a Turner South special to name a few....
3
➢ Increase Public Protection
➢ Increase Officer/ Personnel Visibility
➢ A Vehicle for Every Officer / Required Personnel
➢ Better Coverage of Territory
➢ Deterrent to Crime
➢ Greater Officer / Personnel Moral
➢ Incentive for Recruiting New Officers /Personnel
➢ Safer Streets for Our Community
➢ Notoriety for Community — Increase Tourism
➢ Can be Used as a Tool to Attract New Business
➢ Children4hemed Vehicles for School Programs
Everyone Wins
➢ Your community can receive national media exposure, promote tourism
and local business while shedding a positive light on your creative
leadership.
The program can enhance community relations and public awareness of
law enforcement, fire, rescue EMS, other government agencies and
community programs, including those held at area schools and hospitals.
➢ The vehicles can be used in the one car /one officer program. The
officers/personnel can consistently drive their assigned vehicle, which
increases pride of ownership, accountability and reduces wear and tear.
The program can promote safer streets in the community and support
homeland security in our country.
9 Corporate funding saves using tax dollars or government funding for
vehicles and makes those funds available for other needed expenses.
Ilk
Both sign the agreement.
9 You alert the media.
9 You capture media responses.
We build Web page and develop media kit.
➢ We work with local, regional and national sponsors.
We get the layout design approved for each vehicle.
We or you order each vehicle.
� We and the vendors apply the paint theme, graphics and
install the equipment.
➢ You bring each vehicle into service.
➢ Both continue the process,
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item # 10
Attached is the Resolution on this item. This purchase of this item has already been approved by
the Council. The total amount with a two year/2400 hour warranty is $49,760.00,
vC�rS
RESOLUTION # 03-07-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, DENTON
COUNTY, TEXAS, AUTHORIZING THE FINANCING OF FUNDS:
WHEREAS, Section 101.005 of the Local Government Code provides that the governing
body of a city such as Sanger may borrow money based upon We own credit:
WHEREAS, Guaranty National Bank of Sanger, the City's Depository, has agreed to
finance $49,760.00 for (1) Used 2000 Case 95XT Skid Steer and New FCC High -Flow Cold
Planer.
WHEREAS, terms of the Loan shall be follows:
Initial interest rate shall be 5% fixed APR
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, THAT:
1. Mayor Tommy Kincaid is hereby authorized to sign the documents
necessary to execute this transaction; and
2. All funds borrowed from Guaranty National Bank shall be due and
payable as Provided by the terms of the Promissory Note.
PASSED, APPROVED AND ADOPTED this the 3`'a day of March 2003.
Andy Garza, Councilman
Joe Higgs, Councilman
Glenn Ervin, Councilman
Tommy Kincaid, Mayor
Jimmy Evans, Councilman
Mike James, Councilman
r
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item # I 1
This is the second public hearing on these proposed annexations.
3Y v V
February 28, 2003
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item # 12
Attached is the Ordinance on this item. The City Attorney has approved it. This is for Brooke Hill
Village which has been approved by the Council, this is specifically for updating the zoning map.
FEB 27 2003 13@22 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180 P.02
(` lot
Robert Dillard - ord03O5.03.doc" �-
ORDINANCE #03-05-03
AN ORDINANCE PROVIDING FOR THE AIVIENbMENT TO THE CENTRAL
ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A
ZONING CHANGE AND A ZONING CLASSIFICATION FROM SF3 TO A PLANNED
DEVELOPMENT OR "PD" ZONING CLASSIFICATION SPECIFICALLY
DESCRIBED REREIN; AND PROVIDING FOR IMMEDIATE EFFECT,
WhiER$AS, 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 heazing was made in the time and manner prescribed by !aw 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 pF THE CITY OF BANGER, TEXAS:
Section 1. That the legal description of the property zoned herein is generally described
as foiloWs:
10.40 ACRE TRACT
1. FIELD NOTES to all that certain parcel, lot, or tract of Iand situated in the
H. Tierwester Survey, Abstract No.1241, mi the City of Sanger, Denton County,
Texas, and being a part of a called 10.00 acre tract of land described in the deed
from R.P. Le Beau, Jr. and wife Maurine Le -Beau conveyed unto Sohnie C. Hill and
wife, Robly K. Hill as recorded in Volume 575, Page 698, Deed Records, Denton
County, Texas, and a part of a called 4.8 acre tract of land described in the -deed to
Sohnie C. Hill and wife, Robly K dill as recorded in Volume 575, Page 700, Deed
Records, Denton County, Texas; the subject property being more particularly
described as follows:
iBEGINNING for the Northwest corner of the herein described tract at an "x" scribed in
concrete in Keaton Road, for the Northwest corner of said 10:00 acre tract;
THENCE South 89 Degrees 06 Minutes 00 Seconds East with the North line thereof along
and near a fence a distance of 983.60 feet to a capped iron rod set for the Northeast corner
of the herein described tract;
Tf-IENCE South 00 Degrees 40 Minutes 00 Seconds West with a line parallel with the West
line of said two tracts a distance of 460.93 feet to a capped iron rod set in the South line of
said 4.8 acres;
THENCE North 89 Degrees 03 Minutes 35 Seconds West with the South line thereof along
FEB 27 2003 13:22 FR NICHOLS JACKSON DILLA4 965 Bala TO 19404584180 P.03
Robert Diillar r "...,.n�,
d1 o d0305A3.doc00
and near a fence a distance of 983.60 feet to an "x" scribed in concrete in said Road for the
Southwest corner of said 4.8 acre tract;
THENCE North 00 Degrees 40 Minutes 00 Seconds East with the West line of said two
tract in said Road a distance of 460.24 feet to the PLACE OF BEGINNING and enclosing
10.40 acres of land.
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
pIan 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
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 la�v and Charter in such cases provide.
Dll7LY PASSED, APPROVED AND AbOPTED by the City Council of the City of
Sanger, Texas, on this 3`d day of March, 2003.
Mayor
ATTEST:
City Secretary
FEB 27 2003 13s23 FR NICHOLS JACKSON DILLA4 965 Bala TO 19404584180 P.04
Robert 011lard - ord03a5.03.doc 1 4 4 0 ' " "' " " ' "" ` ' " �'" ' •It TIA
FEB 27 2003 13:23 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180
Robert Dillard - ord0305.03.doc.... .......... ,.,,,. ,°..._.,,, ., ,. , ... � �� .. � . „ , •�",�,,:�
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P.05
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LOCAxYON:
The area to be rezoned is approximately 10.4-acres, part of a ] 4.7-acre tract located along
Interstate 35 next to the southbound service road. 600 feet to the south lies Duck Creek Road.
The west boundary of the property lies on Keaton Road where Laney Drive dead -ends near the
southwest corner of the tract and Brooke Lane dead -ends near the middle of the west (ine. West
Holt Road is located approximately300 feet north of the subject property.
CC7RRENT ZQI�iYNG:
The 14.7-acre tract currently contains two zoning classifications:
1. B-2, allowing commercial uses —this is located along Interstate 35 and extends
about 400 feet west,
a. This 4.3-acre area is not being rezoned.
2. SF-3, asingle-family residential classification.
a. This is the 10,4-acre tract to be rezoned to i'lanned Development.
CUIt)<tEIV'T USE:
A single-family house is located on the property. Located near the middle of the property the
house would likely be used as a temporary office during construction. During phase two, the
house will probably be removed allowing rwew structures to be built in its place.
AY.LOWABLE CTSES AND SIZES:
Area A -North portion of request.
1, Retail and Service TypE Uses
r'� i.. � � ;�.
FEB 27 2003 13@23 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180 P.06
k Robert b'illerd1%41lottolf"s . - ord0305.03.doc
a. Offices, General Business or Professional � not to exceed 10,000 sq. ft.
b. Offices, Medical or Dental -- not to exceed 10,000 sq. ft.
c. Veterinarian Office (no Hospital, no outside animal pens) — not to exceed
10,000 sq. ft.
2. Recreation and Entertainment Uses
a. Park or Playground
3. Educational, Institutional and Special Uses - not to exceed 10,000 sq_ ft.
a. Art Gallery or maseum
b. Church or rectory
c. College or University
d. Religious, Charitable or Philanthropic Institution
e. Kindergarten or Nursery School
f. School, Business
4, CJtility and Service Uses
a, Fire, Police, or Municipal building
5. In rto way shall F,A.It. exceed 0.3 to 1.0 in Area A
Area � —South of portion of request.
1. Hotel, Motel, or Res#aurant use may not be located less than 800 feet from the
existing west property line
2. Assisted hiving - remainder of area ($0 units maximum)
IN)�'RASTRUCTURE
Water
Eight in (8") water mains are currently located on both the east and west boundaries of the
property. A line would need to be built connecting these lines, creating a looped system that will
insure quality water pressure both on -site and off -site.
FEB 27 2003 13*23
obe1billard - ord0305.0:
For buildings over two stories, pressure booster pumps may need to be installed to supply the
needed water pressure for sprinkler systems.
Sanitary Sewer
An 8" sewer main lies on the east along the Interstate service road. This line appears to be
adequate to supply service for the first phase of the project, in both capacity and depth,
Phase two of the project is located on the west side of the site, and though a sewer line is located
near this location and downstream, the line may be blocked by utilities located in the Keaton
Road right of way, Off site improvements and/or extensions maybe necessary to provide service
to phase two. Engineering specifics will be addressed at time of platting when more information
is available.
brace
The property is separated by a drainage divide located near the middle of the site. The low points
of the property are located on the south, at both the east and west corners. Per City ordinance,
downstream improvements and/or detention will likely be required at both corners to maintain
the drainage off -site to pre -development levels.
'liraffic and Roads
The area is currently served by the Interstate 35 service road on the east and by Keaton Road on
the west.
Interstate 35 service road: One-way southbound
Keaton Road; Though acting as a local Collector road, private driveways currently access
directly off the street. (Per Council Aotion on January 20, 2003 motion was made to
accept the plan with a street all the way through to Keaton Road from IH-35, at 36 feet
wide, with a 50 foot R.OX, and with "no parking" signs on the street and to include
sidewalks.)
It's important to note that although the number of units proposed on this site is more
than what would be allowed under it's current zoning classification — the .use of assisted
living generates extremely low traffic counts and therefore traffic intensity with the
allowed uses in Area A would be about what would be anticipated for a single-family
development. Also of note, traffic for the office and neighborhood services would likely
occur during non -peak daytime hours
FEB 27 2003 13:23 FR NICHOLS JACKSON DILLA4 965 0010 TO 194045e4180
�j Roeerf Dillard - ord0305.01doc" r
Adjoining properties zoned for Single-family residential use shall be buffered as follows:
A. Height of fences shall be measured as described in the City zoning ordinance.
1. North: A 6' cedar fence with metal .poles and a minimum 10' landscape
buffer shall be placed to screen the office buildings and parking from the
existing homes. Open Space under and near the 60' Brazos Electric
Power Company easement does not require screening as no buildings
would be allowed in this area.
A. Landscaping required for screening:
1 -Canopy tree 50' on -center
2 - Ornamental trees for every canopy tree
*Trees planted for screening shall be placed a minimum of 3
feet from the proposed fence and shall not exceed 15 feet from the
fence.
2. West: The homes along the west side of Keaton Road, are siding to the
site, not fronting or backing. Adequate screening can be achieved by
increasing the distance from the west property line for the construction of
buildings. No building shall be constructed closer than 100' from the
existing west property line. (The west property line currently lies near the
centerline of the Keaton road pavement.)
3. South: There are currently two homes adjacent to the subject property.
The home located near the southwest corner of the tract should be
adequately screened from the proposed 2-story assisted living structures
by the 100' foot buffer mentioned above and by placing the proposed
structures a minimum of 70 feet from the south property line. In addition, a
6' cedar fence on metal poles with landscaping shall be built from the 60'
Brazos Electric Power Company easement to the'/z" iron rod found at the
northeast corner of the south west adjacent lot.
A. Landscaping required for screening:
I
r
FEB 27 2003 13:24 FR NICHOLS JACKSON DILLA4 985 0010 TO 19404584180
,�Ro6art Dillard _ nrdn�3(15-n3�dnr. ,-- . , , , , . . � � ... ,�. .. .
- ,-
1 -Canopy tree 50` on -center
2 -Ornamental trees for every canopy tree
"Trees planted for screening shall be placed a minimum of 3 feet
from the proposed f®nce and shall not exceed 15 feet from the fence.
Landscapine and Sidewalks
I
' Public
Four -foot (4') sidewalks shall be constructed along Keaton and Brooke rights of way.
Street trees shall:
1. be placed along the street, Private Street, or drive that acts as the main
access from the Interstate 35 service road to -the buisinesses and assisted
living structures
i2. Be located within this property, between the back of the curb and the
sidewalk, and within the median of any boulevard section of this drive_
'`'This arrangement helps to isolate pedestrians from
vehicular traffic, creating a safer environment for those
accessing services by walking.
I
3. be native, large canopy, broadleaf species -for trees planted in parkway
4. if planted within a median be an ornamental type
5. when planted, be 2" DBH minimum for large trees, 5 gallon for
ornamental trees.
6. be of the same type to provide uniformity along the right of way (not
including ornamental trees within medians)
I 7. not be placed within 10' of the Brazos Electric Easement.
$. be planted at an interval of 1-tree every 30' on -center (excepting spacing
requirements below).
L} Imt � J
FEB 27 2003 13:24 FR NICHOLS JACKSON DILLA4 965 0010 TO 194045B4160 P.10
Robert Dillard - ord0305A3.doc ,.r Pal
4... A..t Y...i a-+...-.w..�.Wl- u,y
9. be placed a minimum of 3' from the nearest pavement
�t trees shall not be placed within:
1. 20 feet of any curb return to allow unhindered line of site for vehicles and
pedestrians.
2. 10 feet either side of a p'ire Hydrant
3. 15 feet either side of a Light pole
Private
A minimum of 20% of the property shall be landscaped. Areas shall include:
1. Landscaped areas not covered by asphalt, concrete or public sidewalks
2. Landscaped areas in rights of way parkway adjacent to the lot
3. Private sidewalks and walkways
4. Courtyard, patio, and gazebo areas.
5. Retention and Detention ponds
Parking lots shall include one landscape island spacEd every 12 parking spaces.
Landscape islands shall be a minimum of 6 feat wide and 18 feat deep from back of
curb to back of curb. Large broadleaf trees shall be placed in every 2 of 3 Landscape
islands. Trees shall be 2" DBH minimum when planted.
Spaces adjacent to and abutting landscape buffers are not required to -have landscape
islands, as trees planted for buffering would also serve to shade and break-up the
parking in the areas.
To maintain safe line of site, landscape islands and areas adjacent to curb returns for
fire lanes or access drives shall not contain shrubs or ground Cover that would grow
over 2 feet in height.
Unless Xeriscaped, all landscaped areas shall be irrigated with an automatic irrigation
system.
FEB 27 2003 13:24 FR NICHOLS JACKSON DILLA4 965 0010 TO 194045e4leO
i Pnhart nhiorri _ nrrM..i6r% hi rine+
P.11
Four monument type signs are allowed. Signs shall not exceed 60 square feet in actual
sign area — not including columns or masonry trim. Signs shall conform in both style
and materials to the architecture of the uses for which they are being built.
Signs are allowed only along the extension of Brooke Lane, and are not allowed along
Keaton Rd. Signs are allowed only outside of the Brazos Electric Easement.
Signs may be lighted either internally or wish landscape .lights that conform to the
lighting requirements in this planned Development.
Buildirts� Locations
Front building line: 10 feet
Rear Yard setback: 30 feet and 10 feet for every building story over two stories. (The
north and south property lines are to be considered rear yards on this property)
Side Yard setback: 10 feet
Buildings in Area A and the assisted living sites in Area a shall be built with parking
located in the rear or to the side. The hotelimotellrestaurant site in Area B may have
parking in the front, between the building and the proposed street. This allows
maximum setback from the north and south property lines further helping to buffer the
existing adjacent homes from non-residentialluses and assisted living structures.
Irl
Trash and Dumpster pads shall be screened with 6' fences.
Mechanical equipment shall be screened from the public road.
Accessory buildings are allowed per City zoning ordinance. Accessory buildings must
match in materials the buildings that they are serving.
Area A
6hall have a residential appearance conforming in style and materials to the
homes adjacent to the property on the north
FEB 27 2003 13:24 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180 P.12
Robert Ulllard - ord0306.03.doc page
Maximum Height: 1 story
Maximum FAR: 0.3:1
Roof: hip or gabled with slopes consistent with homes adjacent to .north property
Material: 100% masonry exterior, not including doors, windows, trim, and gabled
areas
1. Assisted Living
a. Maximum Height: 2 stories
b. Material: 100% masonry exterior, not inGuding doors,
windows, trim, and gabled area
c. Maximum FAR: 0.5:1
d. Roof; hip or gabled with slopes consistent with homes
adjacent to north property line.
E. Shall include at least one of the following:
i. Courtyard
ii. 8' deep porch
Plaza
2. Hotel/MoteURestaurant
a. Shallbe in conformance with current zoning requirements in 13-2 classification
Parkins C.iqhtina:
Lighting shall be designed and located so as not to shine into adjoining
properties, nor into the night sky. Landscaping and/or fencing shall be
v, v
FEB 27 2003 13:25 FR NICHOLS JACKSON DILLA4 S65 0010 TO 15404584180 P.13
Robert Dillard - ord0305.03.doc,y,� _ � � � � � �� � �� � � Page�12
c vehicle headlights from shining into adjacent properties on
north and south.
Ratio: Ar®a A
1. Per requirements in City ordinance.
2. Shared parking is allowed between uses if total spaces equal or exceed the
number required by the City Zoning ordinance and are located within 300 feet of
the subject building(s).
Ratio: Area B
1. Assisted living: 0.5 spaces per unit
2. Hotel/Motel or restaurant: per parking requirements in the City Ordinance for
these uses
Variances Required {compare to Zoning Classification B-2):
1. Front Building Line: Code is 2q feet, requesting 10 feet to enable larger rear
setbacks
2. Special Side or Rear Yard Requirement:
a. A 20 foot setback and 6' wood fence is required for non-
residential uses located adjacent to a zoning classificatipn for
residential.
i. Because of the 100' building setback, which
includes the 60' Brazos Electric >"asement, and the fact that
the existing homes along Keaton are sided and not fronting
or backing to Keaton, the use of a 6' waod fence becomes
unnecessary. The fence would block the view of open
space from the neighbors living across Keaton Road, the
senior citizens living in the assisted living homes, and from
the business people working in the offices.
►1��C�
v
** TOTAL PAGE.13 **
TO: CITY MANAGER JACK SMITH
FROM: CHIEF CURTIS AMYX
DATE: 242-2003
SUBJECT: RACIAL PROFILING INFORMATION
AS REk Ue BY LAW, THIS IS INFORMATION THAT COVERS A PERIOD
FROM JANUARY 1, 2002 TO DECEMBER 31, 2002 REGARDING RACIAL
PROFILING POLICIES SET IN PLACE. THERE HAVE BEEN NO COMPLAINTS
FILED WITH THIS DEPARTMENT REGARDING A RACIAL PROFILING
INCIDENT.
C^ Wl
CURTIS AMYX
MUNICIPAL COURT REPORT - FILED CASES
MUNICIPAL COURT of SANGER Page: 1
Report For January 1, 2002 Thru December 31, 2002 FILEDST
--------------------------------------------------------------------------------
Violations by Filed Date...
POLICE DEPARTMENT
ANIMAL CONTROL
MUNICIPAL COURT
Total Filed Violations
1, 233
24
105
Completed Cases...
--------------------------------------------------------------------------------
Paid
POLICE DEPARTMENT 359
ANIMAL CONTROL 15
MUNICIPAL COURT 31
Total Paid Fines 405
Before Judge...
POLICE DEPARTMENT 4
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total Before Judge 4
Total Completed 409
Other Completed...
DISMISSED DSC SECTION 2
POLICE DEPARTMENT 87
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 87
DISMISSED AFTER DEFERRED ADJ.
POLICE DEPARTMENT 148
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 148
DISMISSAL AFTER TEEN COURT
POLICE DEPARTMENT 3
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 3
DISMISSED/PRESENTED INSURANCE
POLICE DEPARTMENT 125
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 125
DI"rISSED BY JUDGE
MUNICIPAL, COURT REPORT - FILED CASES
MUNICIPAL COURT of SANGER Page: 2
Report For January 1, 2002 Thru December 31, 2002 FILEDST
--------------------------------------------------------------------------------
POLICE DEPARTMENT 10
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 10
DISMISSED/COMPLIANCE
POLICE DEPARTMENT 87
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 87
DISMISSED BY PROSECUTOR
POLICE nVDAVTM 31
ANIMAL CONTROL 4
MUNICIPAL COURT 4
Total 39
DISMISSED/FOUND NOT GUILTY
POLICE DEPARTMENT 5
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 5
VOIDED DOCKET
POLICE DEPARTMENT I
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total 1
Total Other Completed 505
Grand Total Completed 914
Net Difference Filed/Complete 448
--------------------------------------------------------------
Warrants...
--------------------------------------------------------------
Issued...
POLICE DEPARTMENT 304
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total Warrants Issued 304
Cleared...
POLICE DEPARTMENT 119
ANIMAL CONTROL 0
MUNICIPAL COURT 0
Total Warrants Cleared 119
Change in Total Warrants 185
J��T2 JUDICIAL TRAINING 1999 $1,395.22
MUNICIPAL COURT REPORT - FILED CASES
MUNICIPAL COURT of SANGER Page: 3
Report For January 1, 2002 Thru December 31, 2002 FILEDST
--------------------------------------------------------------------------------
CVC
COMP TO VICTIMS OF CRIME FUND
'CC
CONSOLIDATED COURT COST
FA
FUGITIVE APPREHENSION
JCD2
JUVENILE DELINQUENCY 2001
TFC
TFC
AR
ARREST FEE
CMI
CORRECTIONS MANAGEMENT INST.
CTF
COURT TECHNOLOGY FUND`'
MCBS
MUNICIPAL COURT BUILDING SEC.$
ADMIN
DEFERRED FEE (2)
DSC
DSC ADMIN FEE (l)-
FINE
FINE
AF
ADMINISTRATIVE FEE (1)
TEEN
TEEN COURT
TP-S
TIME PAYMENT PLAN - STATE
TP-L
TIME PAYMENT PLAN - LOCAL --
CS-2
CHILD SAFETY 9/01/01
CS
SCHOOL CROSSING GUARD PROGRAM
WRNTFE
WARRANT FEE
RETCK
RETURNED CHECK FEE
OV
OVER PAYMENT
DF
DEFAULT/COURT --
$10,464.04
$11,859.24
$31487999
$348.82
$11777.51
$31420925
$348.88
$2,752.21<-
$2,064.15
$191609.45 4 ..4
$1, 490.00 *,
$33,857.00 <w�.
$562 9 004•
$50.00
$568.16
$548 a 084i4L--
$175.00
$40.00
$25.00
$4.00
$395.00
Total Fees/Fines Paid $98,292.00
--------------------------------------------------------------------------------
2./11/2Q03
4:57 PM
COFCRPT Page:
Number of Citations to Minors.......: 190
Number of Citations by Sex
Male 639
Female 266
Unknown 2
6
Number of Citations by Race
WHITE 863
BLACK 22
HISPANIC 16
ASIAN 4
--------------------------------------------------------------------------------
Grand Totals
Total
Number
of
Citations............
907
Total
Number
of
Violations...........
11205
Total
Number
of
Citations Juveniles.:
65
Total Number of Citations Minors....: 190
Total Number of Citations by Sex
Male 639
Female 266
Unknown 2
Total Number of Citations by Race
WHITE
863
BLACK
22
HISPANIC
16
ASIAN
4
2/11/2,003 4457 PM
COFCRPT Page: 1
1/01/2002 - 12/31/2002 Summary
-------------------------------------------------
Beginning Date .................. 01/01/2002
Ending Date ..................... 12/31/2002
♦ by Citation date
Agency .......................... POLICE DEPARTMENT
Officer ......................... Al
SpecialFlag ....................
2/11/2003 4:57 PM
-------------------------------
PD POLICE DEPARTMENT
COFCRPT Page: 2
Citation Date: 1/01/2002 - 12/31/2002 Summary
------------------------------------------------
770 AMYX,CURTIS
Totals for Officer
Number
of
Citations
far Officer.....:
9
Number
of
Violations
for Officer....:
11
Number
of
Citations
to Juveniles....:
1
Number of Citations to Minors.......: 2
Number of Citations by Sex
Male 6
Female 3
Unknown 0
Number of Citations by Race
WHITE 9
------------------------------------------------------------------------------
771 RILEY,MIKE
Totals for Officer
Number
of
Citations
for Officer.....:
5
Number
of
Violations
for Officer....:
5
Number
of
Citations
to Juveniles....:
2
rT�amber of Citations to Minors.......: 2
Number of Citations by Sex
Male 3
Female 2
Unknown 0
Number of Citations by Race
WHITE 5
--------------------------------------------------------------------------------
772 FULLER,JUSTIN
Totals for Officer
Number
of
Citations
for Officer.....:
148
Number
of
Violations
for Officer....:
201
Number
of
Citations
to Juveniles....:
9
Number of Citations to Minors.......: 31
Number of Citations by Sex
Male 109
Female 39
Unknown 0
Number of Citations by Race
2/11/2003 4@57 PM COFCRPT Page: 3
Citation Date: 1/01/2002 - 12/31/2002 Summary
--------------------------------------------------------------------------------
WHITE 145
BLACK 2
HISPANIC 1
/74 TULLOS,TONY
Totals for Officer
Number
of
Citations
for Officer.....:
91
Number
of
Violations
for Officer....:
120
Number
of
Citations
to Juveniles....:
2
Number of Citations to Minors.......: 31
Number of Citations by Sex
Male 70
Female 21
Unknown 0
Number of Citations by Race
WHITE
BLACK
HISPANIC
-----------------------------
775 DE,ALFONSO
Totals for Officer
87
2
2
--------------------------------------------------
rTzmber
of
Citations
for Officer.....:
255
tuber
of
Violations
for Officer....:
350
Number
of
Citations
to Juveniles.....
23
Number of Citations to Minors.......: 49
Number of Citations by Sex
Male 173
Female 80
Unknown 2
Number of Citations by Race
WHITE 235
BLACK 9
HISPANIC 7
ASIAN 2
--------------------------------------------------------------------------------
776 KISH,LISA
Totals for Officer
Number
of
Citations
for Officer.....:
41
Number
of
Violations
for Officer....:
54
Number
of
Citations
to Juveniles....:
4
Number of Citations to Minors.......: 6
2/11/2003 4057 PM COFCRPT Page: 4
Citation Date: 1/01/2002 - 12/31/2002 Summary
--------------------------------------------------------------------------------
Number of Citations by Sex
Male 31
Female 10
Unknown 0
Number of Citations by Race
WHITE 41
--------------------------------------------------------------------------------
777 LEHOTSKY,STEPHEN
Totals for Officer
Number
of
Citations
for Officer.....:
151
Number
of
Violations
for Officer....:
208
Number
of
Citations
to Juveniles....:
15
Number of Citations to Minors.......: 25
Number of Citations by Sex
Male 103
Female 48
Unknown 0
Number of Citations by Race
WHITE 148
BLACK 3
-----------------------------------------------------
778 VEST,JOSH
Totals for Officer
Number
of
Citations
for Officer.....:
9
Number
of
Violations
for Officer....:
9
Number
of
Citations
to Juveniles....:
0
Number of Citations to Minors.......: 3
Number of Citations by Sex
Male 9
Female 0
Unknown 0
Number of Citations by Race
WHITE 9
------------------------------------------------------------------------------
779 KINNEY,RONALD
Totals for Officer
Number
of
Citations
for Officer.....:
30
Number
of
Violations
for Officer....:
46
Number
of
Citations
to Juveniles....:
0
2/11/2.003 4:57 PM COFCRPT Page: 5
Citation Date: 1/01/2002 - 12/31/2002 Summary
-------------------------------------------------------------------------------
Number of Citations to Minors.......:
Taber of Citations by Sex
Male
Female
Unknown
Number of Citations by Race
WHITE
BLACK
HISPANIC
ASIAN
--------------------------------------------
782 FULLER,JUSTIN
Totals for Officer
Number
of
Citations
for Officer.....:
Number
of
Violations
for Officer....:
Number
of
Citations
to Juveniles....:
Number of Citations to Minors.......:
Number of Citations by Sex
Male
Female
Unknown
22
2
5
1
----------------------------------
167
200
9
35
�nber of Citations by Race
WHITE 162
BLACK 4
ASIAN 1
--------------------------------------------------------------------------------
783 DE,ALFONSO
Totals for Officer
Number
of
Citations
for Officer.....:
1
Number
of
Violations
for Officer....:
1
Number
of
Citations
to Juveniles....:
0
Number of Citations to Minors.......: 0
Number of Citations by Sex
Male 1
Female 0
Unknown 0
Number of Citations by Race
HISPANIC 1
--------------------------------------------------------------------------------
Totals for Agency
2/28/2003 8:45 AM RACPROFRPT Page: 1
1/01/2002 - 12/31/2002
--------------------------------------------------------------------------------
Beginning Date .................: O1/O1/2002
Ending Date ..................... 12/31/2002
by Filed date
Agency .......................... POLICE DEPARTMENT
dvi der t � .i.
.i.
2/28/2003 8*45 AM RACPROFRPT Page: 2
Filed Date...: 1/01/2002 - 12/31/2002
--------------------------------------------------------------------------------
PD POLICE DEPARTMENT
Totals for Agency
Number of Cases for Agency..........: 909
Number of Violations for Agency.....: lf207
Number of Warnings for Agency.......: 0
Number of Cases with no name........: 0
Number of Cases non -officer initiated: 0
I Search 1 I Status 1
Race (SexlCasesl Warnl Nonel Consl P/CI Arstl Violl Gltyl Disml Pendl Res
Caucasian I M 1 6061 01 5981 81 01 361 7941 2881 3281 1781 259
1 F 1 2591 01 2581 11 01 51 3451 921 1911 621 157
i U 1 01 01 01 01 01 01 01 01 01 01 0
Africian I M 1 151 01 141 11 01 11 231 101 61 71 5
1 F 1 71 01 71 01 01 0I 81 11 41 31 3
1 U 1 01 01 01 01 01 01 0I 01 01 01 0
Hispanic I M 1 151 01 151 01 01 31 291 ill ill 71 3
1 F 1 11 01 11 01 01 01 21 01 01 21 1
1 U 1 01 01 01 01 01 01 01 01 01 01 0
Asian I M 1 31 01 31 01 01 01 31 01 21 11 0
1 F 1 11 01 11 01 01 01 11 01 11 01 1
1 U 1 01 01 0I 01 01 01 01 01 01 01 0
Amer. Ind I M 1 01 01 01 01 01 01 01 01 01 01 0
1 F 1 01 01 01 01 01 01 01 01 01 01 0
I U 1 01 01 01 01 01 01 01 01 01 01 0
Other I M 1 01 01 01 01 01 01 01 01 01 01 0
1 F 1 01 01 01 01 01 01 01 01 01 01 0
1 U 1 01 01 01 01 01 01 01 01 01 01 0
Unknown I M 1 01 01 01 01 01 01 01 01 01 01 0
1 F 1 01 01 01 01 01 01 01 01 0I 01 0
1 U 1 21 01 21 01 01 01 21 11 01 11 1
2/28/2003 8*45 AM RACPROFRPT Page: 3
Filed Date...: 1/O1/2002 - 12/31/2002
Grand Total
nber of Cases for Agency..........: 909
,.ember of Violations for Agency.....: 11207
Number of Warnings for Agency.......: 0
Number of Cases with no name........: 0
Number of Cases non -officer initiated: 0
I Search I I Status I
Race ISexlCasesl Warnl Nonel Consl P/CI Arstl Violl Gltyl Disml Pendl Res
Caucasian I M 1 6061 01 5981 81 01 361 7941 2881 3281 1781 259
1 F 1 2591 01 2581 11 01 51 3451 921 1911 62► 157
1 U 1 01 0► 01 0► 01 01 01 01 01 01 0
Africian I M 1 151 01 141 11 01 11 231 101 61 71 5
1 F 1 71 01 71 01 01 01 81 11 41 31 3
1 U 1 01 01 01 01 01 01 01 0► 01 01 0
Hispanic I M 1 151 0► 151 01 01 31 291 ill ill 71 3
1 F 1 11 01 11 01 01 01 21 01 01 21 1
1 U 1 01 01 01 01 01 01 01 01 01 01 0
Asian I M 1 31 01 31 01 01 01 31 01 21 11 0
1 F I 11 01 11 01 01 01 11 01 1l 01 1
1 U 1 01 01 01 01 01 01 01 01 01 01 0
Amer. Ind I M 1 01 01 01 01 01 01 01 01 01 01 0
1 F 1 01 01 01 of of 01 01 01 01 01 0
1 U 1 01 01 01 01 01 01 01 01 01 01 0
Other I M 1 01 01 01 01 01 01 01 01 01 01 0
1 F 1 01 01 01 01 01 01 01 01 0► 01 0
I U 1 01 01 01 01 01 01 01 01 01 01 0
Unknown I M 1 01 01 01 01 01 01 01 01 01 0► 0
1 F 1 01 01 01 01 01 01 01 01 01 01 0
1 U 1 21 01 21 01 01 01 21 11 01 11 1