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10/07/2002-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, OCTOBER 7, 2002 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 23, 2002 b) Disbursements 3. 4. 5. 6. 7. 8. 00 10. 11. 12. 13. Adjourn. Citizen's Input. Consider and Possible Action on the Final Plat for Tiffany's Addition, Being 5 Residential Lots Located at 600 Denton St. Consider and Possible Action on Awarding Bid for the Street Rehabilitation Project. Consider and Possible Action on Ordinance #10-27-02 -Annexing Property Legally Described as Abstract 1241, Tract 58, Being 4.99 Acres. Consider and Possible Action on Resolution #10-13-02 -Setting Date, Time and Place for Proposed Annexations. Consider and Possible Action on Ordinance #10-28-02 -Regulating Occasional Sales in Residential Districts. Consider and Possible Action Requirements. on Ordinance #10-29-02 - Regulating Fence Consider and Possible Action on Ordinance #10-30-02 -Amending the Franchise Fees with TXU Gas Company. Consider and Possible Action on Possible Nominations to the DCAD Appraisal Review Board. Consider and Possible Action on Proclamation #10-07-02 -Proclaiming October 2002 as Relationship Violence Awar�n�e�s Month iq the City of Sanger. r o Rosalie�havez, City SeC-Fetary Date & Time Posted f°. This facility is wheelchai�dr cce slbl�°°end �essible parking spaces are available. Requests for accommodations or inteipreti e��0r Abe made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 or further information. MINUTES: CITY COUNCIL September 23, 2002 PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Andy Garza, Councilman Mike James ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Assistant City Secretary/Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Water/Wastewater Superintendent Eddie Branham, Streets/Parks Superintendent John Henderson, Mark Owens City Engineer, Allen Bussell, Crystal Brown 1. 2. 3. Mayor called meeting to order, led the invocation and the Pledge of Allegiance. a) Approve Minutes: b) Disbursements CONSENT AGENDA September 3, 2002 Councilman Evans moved to approve the Consent Agenda. seconded. Motion carried unaimously. Citizen's Input. None. Councilman Higgs 4. Presentation Regarding Commercial Property Along Stemmons Freeway. Alan Bussell, with Surveyors and Engineers of North Texas in Ponder, gave the Council a handout on Brooke Hill Village. He indicated he just wanted to let the Council know what they are thinking. The location is South of Holt Road and North of Duck Creek Road between Keaton and I-35. There is existing houses on both the North and South sides. The South East side is light industrial. The concept plan shows it is currently zoned for the restaurant and hotel, surgical center and professional offices. The West side is currently zoned residential. They would like to put in some assisted living units. Normally they would look at a rive story building as inappropriate in this area, but assisted living wouldn't be a problem in the area. The parking would be minimal and so would the noise. He indicated one of the main reasons he was here before the Council was the size of the buildings. They could spread them out but it would reduce the green space. Mayor indicated when the street is opened up to the Service road it will pull a large amount of traffic through the area. Councilman Garza asked now much land it involved. Is Bussell indicated about 20 acres. Discussion. Councilman James asked if it was state mandated that assisted living be steel framed structures. Mr. Bussell indicated he was not sure of the details. Discussion regarding the zoning of the property. Discussion continued. 5. Consider and Possible Action on Proposal from DTN Speednet to Place Antennas on one of the City Towers in Exchange for Internet Service. City Manager indicated the new contract addresses that if the City wants out of the service, they will pay the City $240.00 per month for as long as the city has the equipment. Councilman Evans moved to take the service and not the money. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action on Ordinance #09-25-02 -Amending the Solicitation Ordinance. Councilman James moved to adopt Ordinance #09-25-02, Councilman Evans seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING CHAPTER 4, BY ADDING A SECTION TO BE NUMBERED 4.2198 AND CHANGING SECTION 4.219 TO SECTION 4.220 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Consider and Possible Action on Ordinance #09-26-02 -Amending the City of Sanger Zoning Map. (Chicken Express) Councilman Evans moved to approve Ordinance #09-26-02, Councilman James seconded, Motion Carried unanimously. 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 I-1 TO B-2 SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT, 8. Consider and Possible Action on the Proposed Compromise Settlement 115 with TXU Gas Company. City Manager indicated this was the settlement that the group put together. We will get a check and the attorney's will get a check. Councilman Higgs moved to adopt the settlement agreement, Councilman James seconded, Motion carried unanimously. 9. Consider and Possible Action Regarding Ordinance #09-27-02 -Adopting the Budget for FY 2002/20030 Councilman Higgs asked if the salaries were divided out equally. City Manager indicated it was per employee. Councilman Evans asked what they would do with the $39,000.00 over. City Secretary indicated they approved an expenditure that wasn't budgeted this year. We will start the year with a deficit. When Council decides to overspend on a non -budgeted item that money will have to come from somewhere. This excess may help balance out that expenditure. Discussion. Councilman Garza indicated he would be receptive to the City borrowing from the sewer taps to use as operating funds and replacing it with future revenues. Discussion continued. Councilman Evans moved to approve Ordinance #09-27-02, Councilman Garza seconded, Motion carried 3 to 1, Councilman James voted no. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF SANGER, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. 10. Consider and Possible Regarding Ordinance #09-28-02 - Adopting Tax Rate. Proposed tax rate is .565470 Councilman Evans felt it could have been lowered a little more. Councilman Evans moved to accept the tax rate, Councilman James seconded, Motion Carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 19 20029 AND ENDING SEPTEMBER 30, 20035 AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 2002 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE, 11. Meeting Adjourned. - it i}i Lfl {•E !"i f %rP°r i":, i i�• yI �f _ F„ I. / 3' t` t _ Jr IS .. C ' Yt iti t. mIF_ ulaE Ill i"t a P3 ! 6 3 CS Ll t7!%; Jam} t 4� k P Elp`FS t >>x i _, w. , .t.. LJ tMt ,.r.._ 1 E c..)'` 9..,. rS L .r F �i'tI 1:-s': .._ f )., it4U t „_ d :'n `'L �4 :,..fr 4 , Y.:11j L, .3— t ...t .1I _ v. is.1 .. ,..L. r, ... ._, Y_. ..> ±'i'iftiL, s2 1 k E' s" r i t 5 Feller t �,— ... - a. _...� ,w . v�.i jJ 1, ��._v.a.[_,._u IF ._.. >ve in(" f rf"" fit, LraF pl"i ~ •s�f; u r Fee�, t't g}r` 7 �Y�17 -!{�6t [-5ii: rwel. 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Al.l.1 111 2,�. ry F i,P pf"f;F trl.._,l.., ... . ,. A, FrFAA Al C m f. FA FAA IF, r2 ai,:tI r ,. �yM1!!rrv° J rr :- t, t' _. Id .r it _..,.,_.._t,., Lk n r q�Yn1,t Y ji yt Al ie r .{ C o E rr r, '• Jt r-4 v"r : EjU t.. .. of 6 F'.! 1 i ( -�. r . 4...t ,r.,s rE.:' ..1_i r ..�. r.. .,. if !C' red 5"C15'*�F`s". C October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #4 Attached is the City Engineer's Letter regarding Tiffany's Addition. He approved the enclosed plat, but requested an easement be placed on the Final before filing. The plats for filing have been submitted, and the City Engineer has reviewed them and indicated they comply with the subdivision ordinance with the exception of the lot width requirement previously approved by the Council. The Planning and Zoning Commission approved the plat 5 to 1. MARK T. OWENS, P.E. GENERAL CIVIL CONSULTING ENGINEER Mr. Jack Smith City of Sanger P.O. Box 1729 Sanger, Texas 76266 Re: Tiffany's Addition —Final Plat 5 Residential Lots Final Review Dear Mr. Smith: September 26, 2002 Per your request I have finished a final review of the Final Plat and General Site and Construction Details as prepared and submitted Alliance Area Surveying, Inc. 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 1. The property is currently zoned SF-8 which is the zoning classification that was adopted for all existing properties in the older part of town. Final Plat 1. The minimum lot width for the current zoning classification associated with this subdivision is 60 feet. Lots 1 & 2 do not comply with minimum lot width requirements. However, the preliminary plat was approved with the lot sizes as shown. 2. To facilitate traffic movement and provide emergency vehicle access without obstructions, a P- type turn around has been placed at the end of Oak Street within Lot 5 as required when the preliminary plat was approved. As you may recall when the City Council was considering approval of the preliminary plat they agreed to construct the turn around if the property owner would dedicate the right -of --way. As shown on the plat the right -of --way has been dedicated. I would recommend approval of the Final Plat. If you have any questions or need any further information, please call me at (940) 391-4845. Mark T. Owens, P.E. General l Consulting Engineer Cc: Alliance Area Surveying, Inc. — Kenny Zollinger, R.P.L.S. F.U. ©ox 596 PONDER, 7X 7E�25`.3 PHONE: 9�0-3f? 1-<48�5 FAX: JO 47�J 05±d3 mdimx'(7:ik)ide.net MARK T. OWENS, P.E. GENERAL CIVIL, CONSULTING ENGINEER Mr, Jack Smith City of Sanger P.O. Box 1729 Sanger, Texas 76266 Re: Tiffany's Addition —Final Plat 5 Residential Lots Final Review Dear Mr. Smith: September 18, 2002 Per your request I have finished a final review of the Final Plat and General Site and Construction Details as prepared and submitted Alliance Area Surveying, Inc. 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-Ol. My review comments are as follows: General 1. The property is currently zoned SF-8 which is the zoning classification that was adopted for all existing properties in the older part of town. Final Plat 1. The minimum lot width for the current zoning classification associated with this subdivision is 60 feet. Lots 1 & 2 do not comply with minimum lot width requirements. However, the preliminary plat was approved with the lot sizes as shown. 2. To facilitate traffic movement and provide emergency vehicle access without obstructions, a P- type turn around has been placed at the end of Oak Street within Lot 5 as required when the preliminary plat was approved. As you may recall when the City Council was considering approval of the preliminary plat they agreed to construct the turn around if the property owner would dedicate the right -of --way. As shown on the plat the right -of --way has been dedicated. 3. A 15-foot utility easement should be placed along Denton Street to provide for future improvements such as upgrading the 2" water line. I would recommend approval of the Final Plat once the 15' utility easement is shown on the plat. If you have any questions or need any further information, please call me at (940) 391-4845. iri S' cerely; Mark T. Owens, P.E. General Civil Consulting Engineer Ce: Alliance Area Surveying, Inc. —Kenny Zollinger, R.P.L.S. P.q. Box 5�a6 POPdDER, TX 7?259 Pt-tor�E: 940-391-48��5 FAX: 940•=L79-05#�)3 mciintve'1 ,dide.net October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #5 Attached is the bid sheet for this project. The City Engineer. Mark Owens, will be present at the meeting to address this item. City of Sanger 201 Bolivar Sanger, I A 76266 Bid Sheet Date of Bid Opening: I 09/30/02 Time: 2:00 P.M. Re: IStreet Rehabilitation Project BID RECEIVED: 09/30/02 COMPANY: Calvert Paving BID AMOUNT: A. $2241901065 2" overlay, culvert replacement w/headwalls Be $2787353805 4" overlay, culvert replacement w/headwalls Co $213,351265 2" overlay, culvert replacement w/o headwall: D. $266,803005 4" overlay, culvert replacemetn w/o overlay 61D RECEIVED: 09/30/02 COMPANY: Texas Electric BID AMOUNT: A. $231,067690 2" overlay, culvert replacement w/headwalls B. $275,343.78 4" overlay, culvert replacement w/headwalls Co $195,202021 2" overlay, culvert replacement w/o headwall: D. $239,478009 4" overlay, culvert replacemetn w/o overlay BID RECEIVED: COMPANY: BID AMOUNT: Authorized Signature October 4, 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 will have the metes and bounds inserted for the actual ordinance on Monday. This is the Albert Keith's property. City of Sanger, Texas ORDINANCE NO.10-27-02 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LEMTS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, the city is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.021 and its home -rule charter and by statute, WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the city; WHEREAS, the city has prepared a service plan for said territory which is attached as Exhibit 'A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law; and WHEREAS, after hearing arguments for and against the same, the governing body has voted to annex said territory into the City under the authority of Section 43.033 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANGER, TEXAS: SECTION l: That territory hereinafter described is hereby annexed into the city, and that the boundary limits of the City are hereby extended to include said territory within the city limits, and the same shall hereafter be included within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City. Section 2: That the municipal service plan for the herein annexed territory provided in Exhibit "A" attached hereto is hereby adopted. Section 3: The City Secretary is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by estate and federal law and city annexation procedures, certified copies of this ordinance. PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 7th day of October, 2002, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 43.033 and 43.056, Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with following schedules: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIItE PREVENTION Fire protection and fire prevention services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided within ten (10) days after the effective date of an annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided within (60) days after the effective date of Cr annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE Mn WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be continued to be maintained immediately after the effective date of the annexation on the same basis and the same level as provided throughout the city. MAINTENANCE OF ROADS AND STREETS AND DRAINAGE Maintenance of roads and streets and drainage will be provided within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (60) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS Construction of water, sewer, street, and drainage facilities will begin within two (2) years after submissions of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one half (4-1/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, included the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different level A service. This service plan shall be valid for a term of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexation, then this service plan shall no longer be binding upon the city. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.A.C., local Government Code, Section 43.052. October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #7 Attached is the Resolution on this Item. This is the first step in the annexation process. The first tract is Jennifer Circle. The second tract is Louis Austin. The third tract is the back of Jim McNatt's property. The fourth tract is Howard Turner, and the fifth tract is Lou and Paige Cooper. The properties are all contiguous on two sides to the current City Limits. RESOLUTION NO,1043=02 A RESOLUTION SETTING A DATE, TIME AND PLACE ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGER, AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That such Public Hearings will be held by the Governing Body of the City of Sanger, in the City Hall at 7:00 P.M. on October 21, 2002, and on November 4, 2002, for the purpose of considering annexation into the City limits of the following described property: MEADOWLANDS ADDITION, LOTS 1 THRU 14. (JENNIFER CIIRCLE) 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 62, BEING 25.23 ACRES, AND ABSTRACT 29, TRACT 74, BEING 8.751 ACRES. PASSED AND APPROVED, this 7th day of October, 2002. Mayor, Tommy Kincaid Attest: Rosalie Chavez, City Secretary October 4, 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. Staff has discussed the situation regarding continuous garage sales in Sanger. Samantha researched ordinances of surrounding cities, and the majority of the cities regulate the sales in this manner. Basically this is requiring a permit and only allows two garage sales per year for a period of three consecutive days. ORDINANCE 10-28-02 THAT CHAPTER 49 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 4,900 OCCASIONAL SALES REGULATED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. FOR A PENALTY; AND PROVIDING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 4 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 4.900, which said article shall read as follows: " ARTICLE 4.900 OCCASIONAL SALES REGULATED 4.901 Definition: Occasional Sales is sales of tangible personal property at retail out of home, garage, carport, patio or yard. 4.902 Regulations: Occasional sales are not to exceed two (2) in number during any twelve (12) month period, by a person who does not hold himself out in engaging, or does not habitually engage into business of selling such property at retail; and providing that The tangible property shall be sold only on the premises of the owner or lessee of the property where the sale is conducted, and said owner or lessee must be the legal owner of such tangible property at the time of such sale; and No new merchandise (i.e., merchandise acquired solely for the purpose of resale) shall be sold at such occasional sale; and The duration of such sales shall not exceed three (3) consecutive calendar days. 4.903 Permit Required: A permit shall be obtained from the City Hall for such occasional sales ,and the cost of the permit will be flue dollars ($5.00) Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 7th day of October, 2002, by the City Council of the City of Sanger, Denton County, Texas, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager. Re: Item #9 Attached is the Ordinance on this item. Our new code enforcement officer felt we should have an ordinance regulating fences. Samantha researched ordinance from surrounding cities, and this is what we are proposing. We currently have a fence permit fee of $25.00, but have no regulations regarding fences. ORDINANCE 10-29-02 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 3,2100 FENCE CONSTRUCTION REGULATED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2100, which said article shall read as follows: " ARTICLE 3.2100 FENCE CONSTRUCTION REGULATED 3.2101 Conflict with planning, zoning or building requirements. Nothing in this article shall be construed so as to amend, alter, change or repeal any provision of the comprehensive planning and zoning ordinance or building regulations, and if any provision of this article does so conflict, the provisions of the comprehensive planning and zoning ordinance or building ordinance shall control. 3.2102 Permit —Required. It shall be unlawful for any person to construct a fence of any kind on any lot without having first obtained a building permit from City Hall, 3.2103 Fee. Prior to the issuance of any permit required by this article, a fee as set forth in the fee schedule in the Appendix %J this code shall accompany the application for such permit. The permit fee shall cover the permit and the inspection required upon completion of the fence. 3.2104 Materials &Construction Regulated All fences shall be constructed of Wood, Masonry, Wrought Iron, Chain Link, Vinyl, or other material approved by the Building Official. All Fence posts shall be either wood or metal. No fence shall exceed Eight (8) foot in height. 3.2105 Construction on public property. No fence, guy wires, braces or any part of such fence shall be constructed upon or caused to protrude over any city easement or public property unless expressly provided for. 3.2106 Hazardous fences prohibited in high density areas. No barbed wire, glass imbedded, spiked or electrified fences are permitted in areas zoned for residential uses nor is any other fence which is deemed hazardous or dangerous to persons. 3.2107 Inspections required on completion. When any such fence is completed it shall be inspected. The building official's office shall be notified upon completion of the fence. The building official shall issue a card of acceptance if the fence complies with the provisions of this article or it will be rejected. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 7th day of October, 2002, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item. # 10 Attached is the Ordinance on this item. Previously Council passed this settlement agreement with TXU, this ordinance was in with that agreement; however, we need a separate motion for the ordinance, ORDINANCE NO. 10=30=02 AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACII.,ITIES WITHIN THE CITY'S RIGHTS -OF -WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights- of4ays within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide for a different consideration and to authorize the lease of facilities within the City's rights -of - way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: that SECTION I: The existing gas franchise ordinance between the City and TXU Gas Company is amended as follows: A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section I.B. below, received by TXU Gas. B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and (4) "Gross revenues" shall include: (a) other revenues derived from the following `miscellaneous charges': i, charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; and, (c) gross receipts fees. (S) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and Page 2 of 5 (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way unless the lessee is also an entity that pays franchise fees to the City. C. Calculation and Payment of Franchise Fees Based on CIAC (1) The franchise fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights -of -way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendments) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the Page 3 of 5 recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights -of --Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights -of -way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within City's Rights -of -Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the Ci wty Secretary in substantially the following form: To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20 , Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. Page 4 of 5 TXu Gas Distribution A division of TXU Gas Company Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL, OF THE CITY OF BANGER, TEXAS , this the 7th day of October, 2002, at which meeting a quorum was present and voting.. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 5 of 5 October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 11 Attached is the information from the Appraisal District on this item. They are requesting that we submit a nomination for the Review Board. r TO: FROM: DATE: SUBJECT DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O BOX 2816 DEivz'ON, TEXAS 76202-2816 MEMO All Jurisdictions DCAD Board of Directors October 2, 2002 Nominees for Appraisal Review Board The Board of Directors of the Denton Central Appraisal District requests that your jurisdiction nominate a candidate for possible appointment to the Appraisal Review Board. We have enclosed the qualifications for appointment to the Appraisal Review Board, and a questionnaire form. Please have your nominees review the qualifications and fill out the enclosed questionnaire if possible. The questionnaire needs to be returned to the Appraisal District by November 4, 2002. The Board of Directors will make their decision at their next Board of Directors meeting. If you have any questions please call Kathy Williams at (940)566-0904. ��;' �� . �. � u w PHONE: (940) 566-0904 METRO:.(972) 434-2602 FAX: (940) 387-4824 Qualification Appointment and Compensation Who Can Serve? To serve on the ARB, you must have lived in the appraisal district for at least two years before taking office. You don't need any special qualifications, but you may be ineligible to serve on the appraisal review board if the person is a member of the board of directors, an officer, or employee of the appraisal district, an employee of the comptroller, or a member of the governing body, officer, or employee of a taxing unit. In county of more than 100,000, a person is ineligible if the person: 1. Has served all or part of three previous terms. 2. Is a former member of the board of directors, officer, or employee of the appraisal district. 3. If the person served as a member of the governing body or officer of a taxing unit for which the appraisal district appraises property, until the 4th anniversary of the date the person ceased to be a member or officer 4. Has ever appeared before the ARB for compensation. You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal district. Relatives barred are those within the second degree of consanguinity or affinity. If you knowingly violate this provision, you commit a class B misdemeanor. This provision took effect September 1, 1989, and applies only to ARB members serving terms that began after that date. The law also bars from ARB service members who contract with the appraisal district or with a taxing unit in the appraisal district. The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. Likewise, the same taxing units and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest. Substantial interest is defined as either: l . Combined ownership by the member or the member's spouse of at least 10 percent of the voting stock or shares of the business. 2. Service by the member or the member's spouse as a partner, limited partner or officer in the business entity. may also not serve if you hold some other paid public office. The Texas Constitution does �w a person to hold more than one paid public office. S. B. 1017 requires the Comptroller to approve curricula, provide materials and supervise a course for training ARB members. The Comptroller shall issue certificates indicating course completion. All ARB members must complete the course or may not participate in ARB hearings. ARB Terms and Size Members serve two-year staggered terms; approximately half the member's terms expire each year. Terms begin January 1. The appraisal district directors appoint ARB members by a majority vote and record their decision in a resolution. ARB Compensation The ARB receives a $50.00 minimum for a half day and a maximumpay of $150.00 per day. ARB Meetings ARB regular meetings are the third Wednesday of each month at 9:00 A.M. These monthly meetings are approximately six to eight hours long. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will normally be from 9:00 A.M. to 5:00 P.M. In October reappraisal hearings will start on the third Wednesday and usually continue for Out a week from 9:00 A.M. to 5:00 P.M. Effective January 1, 1998, ARB's must provide hearing times in the evening and on a Saturday or Sunday. Currently the Board meets two nights a week during the summer months until 8:00 P.M. J The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board of Directors will choose members for a two-year term. The selection will be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Address Address Phone Jurisdiction 1. Would you be willing to serve? If so you would need to be available from mid May until the end of July. The Board meets from 9@00 a.m. to 5:00 p.m. until the roll is certified. There will also be meetings periodically throughout the year. 2. Have you ever been an officer or employee of the appraisal district. 3. Have you ever served on the appraisal districts board of directors? 4. Have you ever been a member of the governing body or an officer of a taxing unit for which the appraisal district appraises property? If so, has it been the 4tn anniversary of the date you ceased to be a member or officer? 5. Have you ever appeared before the ARB for compensation? C� 7 How long have you resided in Denton County? Occupation Do you have any prior experiences serving on appraisal review board or any board that has property value? an to do with 9. Could you make a decision based on evidence rather than feelings for the taxpayer? 10. The property tax code requires that all property be valued at 100% of market value. Could you keep this in mind throughout the proceedings? 11. Would you be willing to work nights and weekends if necessary? The Board of Directors will notify you of their decision. Board of Directors Denton Central Appraisal District October 4, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 12 Attached is the information on this item. Friends of the Family has requested this. r�; , ; ��,�, �. �Y r riend.s of the Family United Way Hetps lied Shery! Goodson Ch&ir Kathy Burrell ist vice chair t7r. Glenda Brock Simmons 2nd 11ke chair Jaime Carlin Secretary Amy Chernay Deborah Cosimo Ray Croff Elizabeth Gourdie Ken Harrell Dr. unda Marshall Rosemary Rodriguez Barbara R. Saunders Ann Tubbs Rory Williams Executive Dtrector Jane ogletree o9iao/2oaz Mayor Tommy Kincaid PO Box 1729 Sanger, TX 76266 Dear Mayor Kintcaid: On behalf of Friends of the Family, I am requesting that you proclaim October Relationship Violence Awareness Month in the City of Sanger. Friends of ine Family has been provng assistance to survivors of relationship violence and sexual assault f>Dr over twenty years in Denton County and surrounding corruntinitiesw Throughout October, we will be conducting a variety of special activities, including our annual Candlelight Vigil and Law Enforcement Appreciation Luncheon, to brig attention to the issue of relationship violence and promote our agencies services. We appreciate the support the City of Sanger has given in the past for this event and we hope we can. rely on that same show of support this year. Enclosed you will hnd a sample N�yoral Froclamation. We would greatly appreciate it if you would issue youx proclarm ion publicly at a city counsel meeting near the beginning of October. A representative of Friends of the Family would be available to receive the proclamation at that time. If you have any questions or if I may be of any assistance, please do not hesitate to contact irle. I may be reached in our Denton office (940.381.5131 or 972,219,2829) at extension 222 or by electronic mail at Cindy@dcfof co m Thank you for your support of relationship violence survivors in Sanger. Si>zcerely, Ciady M:'Brufis> Ph.A. Director Adult Counseling Services Community Education ,AttaChmntS 1 p,p, fox 640, Benton, Texas 76202•Q640 Penton outreach 940.$$T.5731 •Metro 972.219.2$29 -Fax 94ti.383.1816 -Lewisville (7utreach 972.221.065Q Crisis Ling, - 940.3$3=73. or 1.800.572.4031 . ZOld 22m2Z Z0, 2Z daS 9Z8Z282Ob6:x?d PROCLAMATION #10-07-02 Whereas, relationship violence affects every adult, teen, and child in Sanger either as a victim , survivor of relationship violence or as a member, significant other, friend, neighbor, or co-worker; and Whereas, this year's theme: "Abuse is not a Family Value" incorporates the ideals of the various groups who work collectively to help victims and end relationship violence; and Whereas, many citizens of Denton county are working to provide quality services and assistance to relationship violence survivors; and hundreds of volunteers help staff 24-hour hotlines, respond to emergency calls, offer support and advocacy during medical care and criminal justice proceedings, and offer safe shelter; and Whereas, Friends of the Family volunteers and staff promote relationship violence awareness and avoidance by offering education programs to schools; churches and civic organizations, as well as professional training to medical, mental health, law enforcement and criminal justice personnel regarding relationship violence issues; and Whereas, during the month of October, Friends of the Family will be intensifying efforts to promote public understanding of relationship violence and victims of relationship violence and Friends of the Family will be emphasizing the need for citizen involvement in efforts to reduce relationship violence through public education and changing public attitudes; and Whereas, Friends of the Family will be working also to publicize their services, increase community support for their agency and increase awareness of the healing potential for survivors; Therefore, I, Tommy Kincaid, as Mayor of Sanger, do hereby designate October 2002 as RELATIONSHIP VIOLENCE AWARENESS MONTH in Sanger. Tommy Kincaid, Mayor Attest: Rosalie Chavez, City Secretary