11/04/2002-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL,
MONDAY9 NOVEMBER 49 2002
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: October 21, 2002
b) Disbursements
3. Citizen's Input.
4. Conduct Second Public Hearing on Proposed Annexation of the Following Properties:
ABSTRACT 1241, PART OF TRACT 46, BEING 6.158 ACRES (PART OF A 10 ACRE
TRACT) JIM MCNATT CHEVROLET, AND
ABSTRACT 29, TRACT 62, BEING 25.23 ACRES
5. Consider and Possible Action on Ordinance #11-32-02 -Amending the City of Sanger
Zoning Map. (O.T. Sanger, Block 4, Lots 4, 5 & 6)
6. Consider and Possible Action on Ordinance #11-33-OZ -Amending the Street Cut
Permit Requirements.
7. Consider and Possible Action on the Interlocal Agreement for Fire Protection Services
between the City of Sanger and Denton County.
8. Consider and Possible Action on Ordinance # 11-34-02 -Repealing Ordinance #10-13-
98 - Regarding Swimming Pool Enclosures,
9. Consider and Possible Action on Donation of Drug Control Dog.
10. Consider and Possible Action on Ordinance # 11-35-02- Amending 8.402 to Include
Item # (4) "Firing or Discharging of Firearms in a Shooting Gallery".
11. Consider and
Street Recon�
1. .
2Adjourn
Order for Texas Electric Utilities on Phase 1
Rosalie Chavez, City, Se to
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 Rather infoination.
Memorandum P31
October 29I 2002
To: Rose
From: Jack Smith
Subject: Change in Firearms Ordinance
Please add to Article 8.400 "Discharge of Firearms and Weapons" under
Section 8.402 "Exceptions" a number (4). This exception should read
'Firing or discharging of a firearm in a shooting gallery that is operating in
accordance with all applicable state and federal laws and city ordinances."
I would like to present this to the Council on the November 4t" meeting.
Thank you.
MINUTES: CITY COUNCIL
MONDAY, OCTOBER 219 2002
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Joe Higgs,
Councilman Jimmy Evans, Councilman Andy Garza, Councilman Mike James
OTHERS
PRESENT: City Manager Jak Smith, City Secretary/Assistant City Manager Rose Chavez,
Electric Superintendent Mike Prater, Police Chief Curtis Amyx, Streets/Parks
Superintendent John Henderson, Jim & Kathy Roberts, Gladys Jackson, Willie
J. Samples, Linda Ellison, Shelley Ruland, Roger Hebard, Gary Bowles, Michael
Ange, JoNell Carter, Tiffany Haertling, Sheila Bowles, Dianne Markley, Linda
Guerrero, Pete Deacon, Doug Markley, Crystal Brown, Andra Tipton, Gloria
Keen, Alvin Hardee
1. Called Meeting to Order, led the Invocation, followed by the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: October 7, 2002
b) Disbursements
Councilman Ervin moved to approve the Consent Agenda as presented, Councilman
James seconded, Motion carried unanimously.
3. Citizen's Input.
Roger Hebard,1744 Timbergrove, Dallas, indicated he owned some property in Sanger
and came before the Council several months ago regarding the sewer line to the
property. It was his understanding at that time that the City would either offer the
party $12,000.00 or move forward with condemnation proceedings. They have invested
over a million dollars in this project and still are not able to do anything with the sewer.
He is asking that they authorize someone to contact an attorney and proceed with
condemnation.
City Manager indicated they received a letter form Mr. Stevens last week. The City
Engineer has drawn up the easement requirements. There are two lines that will go
through his property; however, Mr. Stevens only received one of the profiles. The City
Engineer ran off the second profile today, and it has been sent to Mr. Stevens. At this
point Mr. Stevens has not agreed to anything, but they are working on it.
Mr. Hebard indicated he would like to make this plea. If the party was here tonight
and gave a sworn oath that he would sign this document granting the easement, he
would still ask the City to begin condemnation proceedings. He asked that they at least
begin the proceedings, and them stop them if Mr. Stevens signs the document.
4. Consider and Possible Action on the Approval of the HOME Program Applicants.
Linda Ellison, with Grantworks, indicated they were working with the City to
administer the HOME grant. She was asking for approval of the applicants. These
homes were scored based on their income, disabilities, and the condition of the homes.
The contract states that they will serve five residents, they will reconstruct the first five
homes, and will try to rehabilitate the sixth one.
Councilman James asked if these were all that applied.
City Secretary indicated these were the ones that qualified. There were more
applicants.
Councilman Garza moved to approve the six applicants. Councilman Evans seconded.
Motion carried unanimously.
Applicants approved were as follows:
Angelina Serna
Richard Sims
Willie Sample Scott
Gladys Jackson
Arlene Thomas
Evelyn Ealon
5. Conduct Public Hearing on Proposed Annexation of the Following Properties:
MEADOWLANDS ADDITION, LOTS 1 THRU 14. (JENNIFER CIRCLE)
ABSTRACT 1241, TRACT 44, BEING 2.50 ACRES, AND
ABSTRACT 1241, PART OF TRACT 46, BEING 6.158 ACRES (PART OF A 10 ACRE
TRACT) JIM MCNATT CHEVROLET, AND
ABSTRACT 29, TRACT 629 BEING 25.23 ACRES, AND
ABSTRACT 29, TRACT 749 BEING 8.751 ACRES.
Public Hearing opened.
Tiffany Heartling, attorney with Phillips &Hopkins representing the Carter's, Bowles,
Markley's, Guerrero's, Hardee's, Keen's and the Ange's. All of the individuals are
residents of the Meadowlands Addition. These people do not want to be annexed. She
indicated she has been retained by them to make sure the area is not annexed. She
addressed the annexation of Belz Rd. and F.M. 455, and indicated these annexations
were not done legally. They are requesting that the City not annex them. They will
contest the annexation of Belz Road and F.M. 455.
James Roberts,11306 Jennifer Circle, indicated they were new to the area, they moved
to the area to get away from taxation. They just installed a $6,000.00 septic system, and
they would like to vote against the annexation.
Public Hearing closed.
6. Conduct Public Hearing Regarding a Zoning Request Change from I-1(Industrial 1)
to 2F (Duplex) on Property Legally Described as Original Town, Block 41, Lot 4,5 and
6. Property is Located on the Corner of First and Locust Streets.
Public Hearing opened.
Andra Tipton, 2003 Brazos, in Denton, they own the property and would like to answer
any questions if the Council has any. They believe residential property is needed in
Sanger and would like to put duplexes on this property.
Councilman James asked if the duplexes will fit the building codes.
Ms. Tipton indicated they have been in contact with the City Inspector, and realize the
lots will have to be replatted.
Public Hearing closed.
?. Consider and Possible Action Regarding a Zoning Request Change from I-1(Industrial
1) to 2F (Duplex) on Property Legally Described as Original Town, Block 41, Lot 4,5
and 6. Property is Located on the Corner of First and Locust Streets.
Councilman Evans moved to approve the request, Councilman Higgs seconded. Motion
carried unanimously.
8. Consider and Possible Action on Ordinance #1Ali -02 -Amending the City of Sanger
Zoning Map. (Earl Schafer)
Caption as follows:
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL
ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A
ZONING CHANGE AND A ZONING CLASSIFICATION FROM B-2 TO I-1
SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE
EFFECT,
Councilman Evans moved to approve Ordinance #10-31-02. Councilman Higgs
seconded. Motion carried unanimously.
9. Consider and Possible Action on Appointment to the 4A Board. (Replace Frank
Ballard)
f ! a . , ➢ ,
Councilman James moved to appoint Gordon Lurry to the 4A Board, Councilman
Evans seconded. Motion carried unanimously.
10. Consider and Possible Action on Awarding Bid for Sub -Station Exits.
City Secretary indicated only one bid was received.
Mike Prater indicated six packets were sent out, but only one bid was received, it was
from Texas Electric Utility Construction. It came in $5,000.00 under what the City
Engineer had projected.
Councilman Evans moved to award the bid to Texas Electric for $360,029.02.
Councilman James seconded. Motion carried unanimously.
11. Meeting Adjourned.
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October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #4
This is the second public hearing on these properties. After speaking with our attorney and
researching all new annexation laws, we became aware of a new law passed in the last legislative
session which required all inhabitants of properties proposed for annexation be notified 30 days
prior to the first public hearing. We are unaware of this new change; therefore, have removed all
properties with inhabitants from this annexation process. We will pick these back up on our next
annexation process a the next regular scheduled meeting.
00018
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #5
Attached is the ordinance on this item, this zoning change was approved a thte last City Council
meeting. This is just a formality to amend the map.
00019
ORDINANCE 11-32-02
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP
OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A
ZONING CLASSIFICATION FROM I4 TO 2-F (TWO-FAMILY) SPECIFICALLY
DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT.
WHEREAS, a Request for Change in Zoning Classification was duly filed with the City
of Sanger, Texas, concerning the hereinafter described property;
WHEREAS, due notice of hearing was made in the time and manner prescribed by law
and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and
conducted a public hearing for the purpose of assessing a zoning classification change on the
hereinafter described property located in the City of Sanger, Texas; and
WHEREAS, an additional opportunity for all interested persons to be heard was provided
by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice posted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, THAT:
SECTION 1.
The legal description of the property zoned herein is generally described as follows:
ORIGINAL TOWN, SANGER, BLOCK 4, LOTS 4,5 & 6
SECTION 2.
The zoning classification on the hereinabove described property is hereby changed to
Two -Family Zoning.
SECTION 3.
The zoning classification of this development will take effect immediately after the
passage of this Ordinance by the City Council of the City of Sanger, Texas.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Sanger,
Texas, on this 4`" day of November, 2002.
Mayor
ATTEST:
City Secretary
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #6
Attached is the ordinance on this item, we currently have a $2.00 fee for a street cut permit. Staff
feels it would be best to increase this fee to $55.00, require an inspection, and regulate the
requirements for the repairs.
ORDINANCE 11-33-02
THAT CHAPTER 3, ARTICLE 3.1300 AND APPENDIX ARTICLE 3,800 (FEE
SCHEDULE) OF THE CODE OF ORDINANCES OF THE CITY OF SANGER,
TEXAS, IS HEREBY AMENDED REGULATING STREET CUT AND
EXCAVATION REPAIRS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
rill ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That Chapter 3, Article 3.1300 of the Code of Ordinances, City of Sanger,
Texas, is hereby amended, which said article shall read as follows:
"ARTICLE 3.1300 STREET CUT EXCAVATION AND REPAIR*
Sec. 3.1301 Permit and Fee Payment Required
It shall be unlawfizl for any person to dig up, break and excavate, tunnel, undermine, cut, or
in any manner break up any public street, sidewalk, driveway or other public property or to
make or cause to be made any excavation in or under the surface of any public right-of4ay
for any purpose or to place, deposit or leave upon any public right -of --way any earth or other
excavated material obstructing or tending to interfere with the free use of the public right-of-
way unless such a person shall have obtained a permit with the city secretary describing the
location of the cut, and providing a traffic control plan in accordance with the Manual for
Uniform Traffic Control Devices of the State Department of Highways and Public
Transportation, and pay a street cut fee in the amount as set forth in the fee schedule in the
appendix of this code.
Sec. 3.1302 Repairs Nlade by the contractor
Repairs to streets after a street cut shall be made by the contractor. The contractor
responsible for the street cut shall be required to make repairs to the street in accordance
with the specifications attached hereto referred to as Exhibit "A"
Sec.3.VIM Application
No Permit shall be issued unless a written application for the issuance of a permit is
submitted to the city. The written application shall state the name and address of the
applicant; the nature, location and purpose of the work; the date of commencement and the
date of completion of the work; and other data as may reasonably be required by the city.
The city engineer shall approve the application and plan or make changes as necessary to
serve the best interests of the city, and the issuance of a permit shall be conditioned upon
performance of the work as shown on the approved application and plan.
!!1
Sec 3.1304 Surety Bond
a) Before a permit is issued, the applicant shall deposit with the city a surety bond in the
amount of Fifteen hundred dollars ($1,500.00) payable to the city. This bond provision shall
not apply to contractors doing work on public projects or to public utilities. The required
surety bond must be:
1. With good and sufficient sureties;
2. By a surety company authorized to transact business in the state;
3. Satisfactory to the city attorney in form and substance;
4. Conditioned upon the permittee's compliance with this section and to secure
and hold the city harmless against any and all claims, judgement or other
costs arising from the work covered by the permit or for which the city, the
city council, or any city officer maybe made liable by reason of any accident
or injury to persons or property through the fault of the permittee, either in
not properly guarding the work or for any other injury resulting from the
negligence of the permittee, and further conditioned to fill up, restore and
place in good and safe condition as outlined in Exhibit "A" attached hereto,
and to maintain the area where excavation is made in as good a condition for
a period of twelve (12) months after the work is completed, usual wear and
tear excepted. Any settlement of the surface within the one-year time period
shall be deemed conclusive evidence of defective backfilling by the
permittee.
b) Nothing in this section shall be constructed to require the permittee to maintain any
repairs to pavement made by the city if such repairs should prove defective. Recovery on
such bond for any injury or accident shall not exhaust the bond but it shall in its entirety
cover any or all future accidents or injuries during the excavation work for which it is given.
In the event of any suit or claim against the city because of the negligence or default of the
permittee, upon the city's giving written notice to the permittee of such suit or claim, any
financial judgement against the city requiring it to pay for such damage shall be conclusive
upon the permittee and his surety. An annual bond may be given under this section which
shall remain in force for one (1) year, conditioned as above, in the amount specified in
subsection (a) of this section and in other respects as specified in this section, but applicable
as to all work in the right-of4ay by the principal in such bond during the term of one (1)
year from such date. The bond may not be canceled without written notice to the city at
least thirty (30) days in advance of the cancellation.
Sec. 3.1305 Insurance
A permittee prior to the commencement of work as provided in this section, shall furnish
the city satisfactory evidence in writing that the permittee has in force and will maintain in
force, during the performance of the work and the period of the permit, public liability
insurance of not less than one hundred thousand dollars ($100,000.00) for any one (1) person
and three hundred thousand dollars ($300,00.00) for any one (1) accident and property
damage insurance of not less than fifty thousand dollars ($50,000.00) duly issued by an
insurance company authorized to do business in this state.
UD 12:51
Sec. 3.1306 Citys Right to Restore Surface
If the permittee under this section shall have failed to restore the surface as outlined in
exhibit "A" attached hereto, upon the expiration of the time fixed by such permit or shall
otherwise have failed to complete the work covered by such permit, the city, if it deems
advisable, shall have the right to do all work and things necessary to restore the surface and
complete the excavation work. The permittee shall be liable for the actual cost thereof and
additional twenty rive (25) percent of such cost for general overhead and administrative
expenses. The city shall have a cause of action for all fees, expenses and amounts paid out
and due it for such work and shall enforce its rights under the permittee's surety bond
provided pursuant to this section."
Section 2. That Appendix Article 3.800 (fee schedule) of the Code of Ordinances,
City of Sanger, Texas, is hereby amended, which said article shall read as follows:
"Sec. 3.800 Street Cut Excavation and Repair
Prior to the cutting of any streets the contractor shall file a permit with the city secretary as
outlined in Chapter 3, Article 3.1300 of this code, and pay a permit fee in the amount of
fifty-five dollars ($55.00)."
Section 3. All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 4. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 5. Any person, firm, or corporation who shall violate any of the provisions
of this article shall be guilty of a misdemeanor and upon conviction shall be fined in
accordance with the general penalty provision found in Section 1.109 of this Code.
Section 6. This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the 4th day of October A.D.
2002, by the City Council of the City of Sanger, Denton County, Texas.
APPROVED:
ATTEST:
000?�
Tommy Kincaid, Mayor
Rosalie Chavez, City Secretary
6" Ix00T TYPE FLEXBASE
SAWED JOINT
(TYPICAL)
coNoulT
tiAII
ASPHALT PAVEMENT
N•T•S•
', SAWED BREAKOUT
GROOVE (DEPTH � 2"t) SPLICE EXISTING
REINFORCEMENT
v 0 o v o 0 4
• M .
REPLACED CONCRETE 1'—O" • ~ a
TO BE 6" THICK UNLESS .: , ~ ` _'o j• •
MINIMUM; CLASS "A" WITHIN 3' :00 ''•' • �: ' 0 t
OF JOINT . t. �`
`.
FIRM TRENCH WALL { h ;"r
as
CONDUIT :1 `•
`:s
• . go
NOTES:
4" HOT MIX ASPHALTIC
WEARING SURFACE
EXISTING ASPHALT
SURFACE
COMPACTED EMBEDMENT
AS SPECIFIED IN NCTCOG
SPECIFICATIONS FOR TYPE
OF CONDUIT INSTALLED
EXISTING
REINFORCEMENT
SAWED BREAKOUT
GOOVE (DEPTH=2"t)
OF JOINT
�,,,__ COMPACTED EMBEDMENT
AS SPECIFIED IN NCTCOG
SPECIFICATIONS FOR TYPE
OF CONDUIT INSTALLED
FI
CONCRETE PAVEMENT
N.T.S.
RM TRENCH WALL
t. WHEN REMOVING CONCRETE PAVEMENT THE CONTRACTOR SHALL ENDEAVOR TO LIMIT
DAMAGE TO EXISTING REINFORCEMENT SO IT MAY 8E EMPLOYED IN THE REPLACEMENT
OPERATION. IF ORIGINAL REINFORCEMENT IS CUT OR BROKEN, REPLACEMENT BARS OF
THE SAME SIZE SHALL BE INSTALLED BY DRILLING AND DOWELING AS DIRECTED BY
THE OWNER.
CITY OF BANGER
REMOVAL AND REPLACEMENT 4 NOV '02 1m
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #7
This is basically the same Interlocal agreement as in previous years, except that the per run fee has
increased from $252.00 to $302.40. The agreement is attached.
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #7
This is basically the same Interlocal agreement as in previous years, except that the per run fee has
increased from $252.00 to $302.40. The agreement is attached.
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this day of,
2002,
by and between Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY" and the City of Sanger, a municipal corporation, located in Denton County,
Texas, hereinafter referred to as "AGENCY".
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of COUNTY government and related services for the benefit of
the citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and is engaged in the provision of fire protection service and
related services for the benefit of the citizens of Denton County; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and
other equipment designed for the extinguishing of fire and prevention of damage to property and
injury to persons from fire and has in its employ trained personnel whose duties are related to the
use of such vehicles and equipment; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions of
� V.T.C.A. Govermment Code, Chapter 791, the Interlocal Cooperative Act and Sections 352.001
and 352.004 Local Government Code and contract pursuant thereto;
NOW, THEREFORE, COUNTY
hereinafter stated, agree as follows:
Vernon's Texas Codes Annotated
and AGENCY, for the mutual, consideration
oaoz�
FIRE CONTRACT 2002-03 �
I.
The term of this agreement shall be for the period of October 1, 2002 to and through
September 30, 2003.
II.
Services to be rendered hereunder by AGENCY are fire protection services normally
rendered within the AGENCY Fire Department as hereinafter defined, to citizens of COUNTY,
to wit:
A. Availability Jr of emergency fire prevention, extinguishment, safety and
rescue services within the agreed or specified territory or jurisdiction of the AGENCY Fire
Department; said services to be rendered as described herein by said Department in all
unincorporated areas within the above referenced operating territory or jurisdiction of such
Department, the referenced services as set out herein are rendered by said Department in
consideration of the basic funding referenced elsewhere herein and the per -call fee set out
elsewhere herein, for the common good and benefit and to serve the public convenience and
necessity of the citizens of Denton County who are not otherwise protected with respect to fire
prevention, extinguishment, safety, and rescue services.
B. The AGENCY Fire Department shall respond to requests for fire protection services
made within COUNTY as set out in Exhibit "A" attached hereto and incorporated by reference.
C. The COUNTY agrees that in the event a fire in the AGENCY's unincorporated
designated area which the AGENCY considers to be of incendiary nature and upon request by
the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene
within a response time sufficient to legally maintain and protect all evidence of said fire and will
conduct all appropriate investigation and prosecution of arsonists.
D. It is further agreed that the AGENCY shall not be responsible for investigations of
suspected incendiary fires in rural area, but shall cooperate with the County Fire Marshal in
immediately relating all pertinent information possible to the investigator(s).
E. It is further agreed that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in
the AGENCY's incorporated designated area upon request by the AGENCY.
FIRE CONTRACT 2002-03 9
F. It is further agreed that the AGENCY shall submit monthly statements on the Texas
Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 110
West Hickory, Denton, Texas 76201. This form will serve as the billing statement to the
COUNTY for reimbursement of calls made in the unincorporated designated area.
G. It is further agreed that Denton County Fire Marshal shall provide the forms upon
request from the AGENCY.
OIL is recognized that the officers and employees of AGENCY's Fire Department have
duties and responsibilities which include the rendition of fire protection services, and it shall be
the responsibility and within the sole discretion of the officers and employees of said Fire
Department to determine priorities in the dispatching and use of such equipment and personnel,
and the judgment of any such officer or employee as to any such matter shall be the final
determination, unless otherwise determined by the Denton County Fire Marshall.
The COUNTY shall designate the County Judge to act on behalf of COUNTY and to
serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or his
designated substitute shall insure the performance of all duties and obligations of COUNTY
herein stated, devote sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this agreement and provide
supervision of COUNTY's employees, agents, contractors, sub -contractors and/or laborers, if
any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual
benefit of COUNTY and AGENCY.
AGENCY shall ensure the performance of all duties and obligations of AGENCY as
hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of
AGENCY in frill compliance with the terms and conditions of this agreement and shall provide
immediate and direct supervision of the AGENCY employees, agents, contractors, sub-
contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
agreement for the mutual benefit of AGENCY and COUNTY.
FIRE CONTRACT 2002-03 3
V.
For the services hereinabove stated, COUNTY agrees to pay to AGENCY for the frill
performance of this agreement the sum of TEN THOUSAND DOLLARS AND NO/100THS
($10,000.00) upon execution of this agreement. From October 1, 2002 to September 30, 2003 the
sum of THREE HUNDRED TWO AND 40/100 DOLLARS ($302.40) per fire call in the
designated unincorporated areas of Denton County, Texas shall be paid. No payment will be
made. for service provided outside the service district whether by mutual aid agreement or
otherwise. AGENCY understands and agrees that payment by COUNTY to the AGENCY shall
be made in accordance with the normal and customary processes and business procedures of
COUNTY, and in conformance with applicable state law.
COUNTY has provided AGENCY with a STX 800 Mhz radio for the use of AGENCY
in carrying out the terms of this contract. The radios will remain the property of the COUNTY
and will be returned on termination of this agreement. COUNTY reserves the right to reclaim
the property at any time for any reason. It is agreed by COUNTY and AGENCY that the radios
were provided for in previous contracts between COUNTY and AGENCY. No agreement has
been made for any additional radios.
VI.
The AGENCY agrees to make available its financial records for audit and/or review by
the COUNTY at the COUNTY's discretion.
VII.
COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all COUNTY's officers, employees, and agents while with in its COUNTY limits.
VIII.
COUNTY and AGENCY understand and agree that liability under this contract is
governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code
Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of
b003�
FIRE CONTRACT 2002-03 4
these laws to the agreement. Insofar as legally possible COUNTY and AGENCY agree to be
bound by the above mentioned statutes as they exist as of the date of this agreement.
In the event of any default in any of the covenants herein contained, this agreement may
be forfeited and terminated at either party's discretion if such default continues for a period often
(10) days after notice to the other party in writing of such default and intention to declare this
agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as
if that were the day originally fixed herein for the expiration of the agreement.
X.
This agreement may be terminated any time, by either party giving sixty (60) days
advance written notice to the other party. Til the event of such termination by either party,
AGENCY shall be compensated pro rata for all services performed to termination date, together
with reimbursable expenses then due and as authorized by this agreement. In the event of such
ternlination, should AGENCY be overcompensated on a pro rata basis for all services performed
to termination date, and/or be overcompensated reimbursable expenses as authorized by this
Agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation.
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this agreement.
XI.
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendition of fire protection services tinder this agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be and it is hereby involved to the extent possible under the1 law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising from the exercise of government
powers and functions.
�pp3l
FIRE CONTRACT 2002-03 5
AM
This agreement represents the entire and integrated agreement between AGENCY and
COUNTY and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This agreement may be amended only by written instrument signed by both
AGENCY and COUNTY.
XIII.
This agreement and any of its terms and provision, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
XN.
In the event that any portion of this agreement shall be found to be contrary to law, it is
the intent of the parties 1lereto that the remaining portions shall remain valid and in frill force and
effect to the extent possible.
XV.
The undersigned officer and/or agents of the parties hereto are the property authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
FIRE CONTRACT 2002-03 6
XVI.
Acceptance of this contract constitutes approval of the service area set out in exhibit "A"
attached hereto.
EXECUTED in duplicate originals, this the
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas 76201
Maiy Horn
Denton County Judge
Acting on behalf of and by
the authority of Denton County
Commissioners Court Of
Denton County, Texas.
ATTEST:
BY:
Cynthia Mitchell
Denton County Clerlc
APPROVED AS TO FORM:
Assistant District Attorney
APPROVED AS TO CONTENT:
Denton County Fire Marshal
day of
AGENCY
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
By _
Name
Title
Acting on behalf of and by the
authority of the City of Sanger
ATTEST:
BY:
Secretary
2002.
APPROVED AS TO CONTENT:
Fire Chief
�Op33
FIRE CONTRACT 2002-03 7
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #8
Attached is the ordinance on this item, and the ordinance we are repealing. We are repealing this
because we already had regulations in effect for swimming pools and the enclosures, and this
ordinance is in conflict with those regulations.
oo0�j�
CITY OF SANGER, TEXAS
ORDINANCE No. #11-J4-02
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 3, BY REMOVING ARTICLE 3.1600 OF THE CITY OF
SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND,
PROVIDING FOR AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION I
THAT CHAPTER 3, ARTICLE 3.1600 OF THE CITY OF SANGER CODE OF ORDINANCES IS
HEREBY REMOVED BY REPEALING ORDINANCE #10-13-98.
SECTION II
All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict,
hereby repealed.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION IV
This Ordinance will take effect immediately from and after its passage and the publication
of the caption as the law in such cases provides.
PASSED AND APPROVED this 4th day of November, 2002, by the City Council of the City of
Sanger, Texas.
Tommy Kincaid, Mayor
ATTEST:
e
Rosalie Chavez, City Secretary o (� 9 � �
SECRETARY
;1r lGINAL COPY
THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER,
TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED
ARTICLE 3,17, WHICH SAID ARTICLE SHALL READ AS FOLLOWS.
ARTICLE 3.1700 SWIMMING POOL ENCLOSURES
Sec. 3.1701 Definitions
Private Residential Swimming Pool. Means any swimming pool located on private property
under the control of the head of the household residing thereon, the use of which is limited
to swimming or bathing by members of such household or their invited guests.
Swimming Pool. Means any structure, basin, chamber, tank, or receptacle containing an
artificial body of water for swimming, diving, or recreational bathing and having a depth of
one foot (V) or more at any point.
Sec. 3.1702 Fence and Self -Locking Door Required, Exceptions
(a) Every person, whether an owner, purchaser under contract, lessee, tenant, manager,
or licensee in possession, charge, or control of land in the City of Sanger upon which is
situated a swimming pool, shall at all times keep and maintain upon the lot or premises upon
which the swimming pool is located a fence, wall, or other structure completely surrounding
and enclosing the swimming pool, lot, or premises and designed to prevent or deter people,
especially small children, from inadvertently entering into the enclosure where the swimming
pool is located. This shall include all existing and future pools. Such fence, wall, or other
structure shall be not less than forty-eight inches (48 ") in height, with no opening therein of
a width greater than four inches (4"), other than doors or gates. Such fence, wall, or other
structure shall not have a fixed or detachable stile or ladder. All gates or doors providing a
means of entrance into such enclosure shall be equipped with self -closing and self -latching
devices capable of automatically closing and latching such gates or doors. The self -latching
device shall be fixed to each such gate or door no less than forty inches (40") above the bottom
A the gate or door.
(b) Asingle-family dwelling or accessory building may be used as part of the enclosure,
whether fence, wall, or other solid structure, around a private residential swimming pool. In
such event the doors or gates on such dwelling or accessory building need not be equipped with
the self -closing, self -latching devices described in subsection (a) of this section.
Sec. 3.1703 Setback and Other Requirements
All such swimming pools, fences, walls, and other structures required or addressed herein shall
meet the setback distances and all other. applicable provisions of the City's existing codes and
Ordinances including, but not limited to, the City's zoning ordinance and its building,
electrical, and plumbing codes.
00036
=f
Sec. 3.1704 Penalty for Violations
COPY
c;�7Y SEA
ETARY
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 10 of this Code. (Ordinance 03-92 adopted
8/3/92)
PASSED, APPROVED, AND ADOPTED, this the 2nd day of November A.D.,
1998, by the City Council of the City of Sanger, Denton County, Texas,
APPROVED:
�L-
ommy 6waid, Mayor
ATTEST:
Rosalie Chavez, City
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #9
Apparently, there is concern for the service that is provided by our drug dog "Patty". The North
Central Texas Drug Task Force is willing to take "Patty" and continue the training and utilizing her
more often. The Police Department will continue to have access to her. The task force is house
out of Denton County Sheriff's Department. The officer who will house "Patty" lives in Sanger.
The agreement we will have with the Task Force is that we will have four searches at the Sanger
High School and two searches at the other facilities during the first year. The police department will
still have access to "Patty" at any time for vehicle searches.
October 29, 2002
To: Rose
From: Jack Smith
Subject: Change in Firearms Ordinance
Please add to Article 8.400 "Discharge of Firearms and Weapons" under
Section 8.402 "Exceptions" a number (4). This exception should read
'Firing or discharging of a firearm in a shooting gallery that is operating in
accordance with all applicable state and federal laws and city ordinances."
I would like to present this to the Council on the November 4t" meeting.
Thank you.
-1-
October 31, 2002
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item # 12
In speaking with our Engineer this change order was necessary to effectively replace utilities on
Willow and 7`h Street. Apparently, we did not realize the utilities for water and sewer were inter-
connected. Those lines need to be replaced. Our street program was designed to not replace utility
lines before streets were reconstructed. Mark Owens will be present to explain further.
0003�
MONTHLY REPORT
SANGER PUBLIC LIBRARY
SEPTEMBER 2002 ACTIVITIES
Submitted by Victoria Elieson
HIGHLIGHTS:
The Friends of the Library annual book sale at the Sanger Sellabration made $738.
Reported to the Texas State Library about how the Loan Star Libraries grant was spent.
The grant of $2265 was used in the newspaper microfilming project.
Demonstrated the Athena library automation software for Pilot Point Library Director
Phyllis Tillery and a board member.
Tested Centurion Guard, a hardware solution to patrons tampering with computers.
Friends of the Library has agreed to purchase one unit.
Dealt with two thefts by people doing community service in the library. One stole one of
the library's new videotapes, and one stole money from an employee's purse. The police
recovered both the money and the videotape.
Meetings attended:
Kidshare, discussed Graphic Novels (Comics), 9/18, The Colony
Denton County Library Advisory Board, 9/19, Carrollton
North Texas Regional Library System Meeting, 9/26, Wichita Falls
COLLECTION:
Completed the annual inventory.
The North Texas Regional Library System will no longer check out Storytime Kits or
Videotapes to be used for children's programs. They did, however, divide their current kits and
tapes among the libraries that used them. We received eight Storytime Kits and about 65
videotapes.
Received a grant from the Tocker Foundation. The $250 grant was to purchase books
From Texas A&M Press.
SPECIAL PROJECTS:
John Chambers donated the money to microfilm his grandfather's account ledgers. His
grandfather, Dr. G.D. Lain, was a Sanger doctor. His ledgers may be of value to genealogists.
PROGRAMS:
"I Can Do It" was the Storytime theme for September. Weekly themes included "I Can
Do Things With My Body", "I Can Do Things With My Brain", "I Can Help" and "I Can Be
Good". Crafts, videos, games and other activities continue to be part of the Storytime program as
well as reading books dealing with the theme.
SEPTEMBER 2002 STATISTICS
Sept 2001 Sept 2002
BORROWER CARDS
Last month 3001 2964
New cards 35 58
Cards withdrawn 1 0
Cards reactivated 5 9
TOTAL 3040 3031
CIRCULATION
Adult Nonfiction 204 248
Nonfiction Videos 25 29
Adult Fiction 185 154
Interlibrary Loan 38 21
Renewals & Misc. 217 208
Junior Biography 3 4
Junior Fiction 67 93
Children's Nonfiction 152 140
Children's Fiction 446 253
Paperback Fiction 184 232
Videos 239 291
Audio Tapes 28 63
Leased Books 0 83
TOTAL 1788 1819
INTERNET USERS 245 274
PROGRAMS
Children's Programs 7 8
Children Attending 65 112
Adults Attending 21 44
VOLUNTEERS
Number of Adults 4 2
Number of Juniors 3 3
Number of Hours 53 38
COLLECTION
Books 15590 15339
Paperback Fiction 2614 2588
Video Materials 673 659
Audio Materials 313 347
Leased Books 0 201
TOTAL COLLECTION 19190 19134
REVENUE
Fines $89.15 $93.75
Copies $46.40 $52.50
ILL Postage $25.00 $20.95
New Cards $1.00 $0.75
TOTAL $161.55 $167095
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Z�I?I1,SI� 'IVSIV?IcIdV W?I,LNa D NOIN��
October 27, 2002
Sanger City Council
City of Sanger
Sanger, TX 76266
Dear Sirs:
I am writing this letter for a Boy Scout Requirement where I have to write the City
Council about a town issue. The issue that I have chosen is about the annexation of the
people in the Meadowlands Addition. I personally think that it is all right how it is,
because they are doing fine right now. Because they already have their utilities set up for
living in the country and do not need extra taxes for no services. Please write me back if
you can about your points on the subject.
Yours truly,
Steven K. Nelson
4002 Duck Creek Rd.
Sanger, TX 76266