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08/05/2002-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, AUGUST 5, 2002 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: July 15, 2002 b) Disbursements 3. Citizen's Input. 4. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.071 (LEGAL), to Consult with City Attorney, 5. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. 6. Consider and Possibie Action on Proposal from DTN Speednet to Place an Antenna on one of the City Towers in Exchange for Internet Service, 7. Conduct Public Hearing to Consider a Zoning Request Change from B2 (Business) to I-1(Industrial) on Property Legally described as Abstract 1241, Tract 227, Being 10.1024 Acres. The Property is located on Keaton Rd. & I-35. 8. Consider and Possible Action Regarding a Zoning Request Change from B2 (Business) to I-1 (Industrial) on Property Legally described as Abstract 1241, Tract 227, Being 10.1024 Acres. The Property is located on Keaton Rd. & I -35. Consider and Possible Action on Ordinance #OS-21-02 -Annexing the Front portion of Rising Star Lane (Street), Being 0.646 acres situated in the Henry Tierwester Survey. 10. Consider and Possible Action on wiring Form Board Surveys on New Construction. 11. Consider and Possible Action on Exempting Travel Trailers and Recreational Vehicles from Ad - Valorem Taxes. 12. Consider and Possible Action on Ditch at Rising Star Lane. 13. Consider and Possible Action on Holt Road Repairs, 14. Consider and Possible Action on Replacing Two Alternates on the Board of Adjustments. 15. Consider and Possible Action on Resolution #08-10-02 -Setting Date, Time and Place for Public Hearing on Proposed Annexation. (Albert Keith) 16. Consider and Possible the Zoning Ordinance. 17. Adjourn. This facility is wheelchair accessible and acres§lo�pai must be made 48 hours prior to this meeting. Please Amending tly P Ro al'e Chavez City Secre'ry Date & Time Posted Requests for accommodations or interpretive services City Secretary's office at (940) 458-7930 for further information. n i MINUTES: CITY COUNCIL JULY 159 2002 PRESENT: Mayor Tommy Kincaid, Councilman Joe Higgs, Councilman Mike James, Councilman Glenn Ervin, Councilman Jimmy Evans, Councilman Andy Garza OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Code Enforcement Officer Ken Wilson, Police Chief Curtis Amyx, Sable Development Corp. Representative, Jeff Styles, Mike Lawler, Belle Lawson, Laverne Schertz, Jeanice Newton, Bob Lawson, Elizabeth Higgs, John Hogue, JoAnne Bell, Gary Lynch 1. Mayor Called Meeting to Order, Councilman Garza led the invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: June 24, 2002 - Special Called July 1, 2002 July 8, 2002 - Special Called b) Disbursements Councilman .Garza moved to approve the Consent Agenda, Councilman Evans seconded, Motion carried unanimously. 3. Citizen's Input. I 4. Consider and Possible Action on Proposal from DTN Speednet to Place Antennas on one of the City Towers in Exchange for Internet Service. Jeff Styles, with DTN Speednet, addressed the City Council and indicated they provide a wireless Internet service. This is a high speed Internet access. He has approached Mr. Smith about the possibility of leasing a little bit of space on top of one of the city's towers. In return for the lease of space they will offer free Internet to the city. The city has no expenses or liability in it. Mayor asked what range this would involve. Jeff indicated about 15 miles out, it is line of sight technology. Discussion regarding the service. Councilman James asked technical questions regarding the service. C�000�. Council indicated they would like to see references, and the lease proposal. Discussion continued. Item tabled. 5. Consider and Possible Action on Presentation by the Keep Sanger Beautiful board Regarding Recycling, Elizabeth Higgs, Keep Sanger Beautiful Board, indicated they have been real active and just returned form San Antonio with some awards. They received the retained Excellence Award. They will apply for the Governor's grant again in two more years. This year they worked up an application for the Historical Board and were awawrded third place in the state. They received the Civic Club Award. They also came home with a Keep Texas Beautiful Affiliate Plaque to put on the City Limits signs. She thanked the Electric Department for putting up the banners. Ms. Higgs addressed the Council regarding the Recycling Project that Helen Giese presented a the last meeting. John Hogue was present to answer any questions the Council may have. John Hogue indicated recycling is a great program, and the services are at no charge. The non-profit organizations receive a rebate back. Once the paper is recycled it goes to Houston and they make the newsprint paper for the newspaper companies in the area. Mayor asked if this recycling is just paper. Mr. Hogue indicated it was. Mayor asked how many bins there would be. Mr. Hogue indicated 17 bins. Discussion continued regarding the process. Mr. Hogue indicated there was no contract, and if it became a problem they could get out of it with a thirty day notice. Councilman James moved that the City of Sanger get into the Recycling Business and authorize the Beautification Board to proceed with this. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action on Preliminary Plat for Sable Business Park. Property is located on the North Bound side of Stemmons Rd. City Manager addressed this item and indicated this is where Kelly Saw and Tool would be building. He will build a brand new building and move his business from Denton. Discussion regarding the location. The Planning and Zoning reviewed it and approved it unanimously. Councilman lJvans moved to approve Ttem #6 and Item #7. Councilman Higgs seconded. Motion carried unanimously. 7. Consider and possible Action on the Final Plat for Sable Business Park, Lot 1, Block 2. Property is Located on the North Bound side of Stemmons Rd. 8. Consider and Possible Action on a Concept Plan for Steve Koch on Property located at 600 Denton St., and a Waiver on the Concrete Street Requirement, City Manager indicated before a variance can be granted, the City Council has to approve a Plat or Concept Plan. If this concept is approved, he will still have to come back before them with a preliminary and final plat. Discussion regarding the concept plan. Mayor indicated the lots off of Oak St. were too narrow at the front and he did not think this would work. C.G. McNeill, 701 Denton, indicated he was concerned about he drainage ditch and the flow of the water. Discussion regarding the road and the drainage. Steve Koch asked how many houses per acre do they allow in this zoning. City Manager indicated 3 to 3.5. Steve Koch asked if it would be okay to take the road out and split the lots differently to have access off of Oak St. Discussion regarding access. Discussion regarding easements and drainage. Councilman James indicated he did not have a problem with the development as long as it met the City ordinances; however, this does not. Discussion regarding the number of lots in the plan. 000 L 3 Councilman Evans indicated he would vote for four lots total. Mayor indicated he should come up with another concept with no more than six lots, but only five lots preferably. Mayor asked what the Planning and Zoning had said about the plan. Shelley Ruland, Planning and Zoning member, indicated they recommended denial based on the density and drainage issues. Carroll McNeill expressed concerns regarding the drainage ditch. Discussion continued. Councilman James moved to allow him to have six lots total. Motion died for lack of second. Councilman Garza moved to allow him to put in four new lots in addition to the existing house. Councilman Evans seconded. Motion carried unanimously. 9. Conduct Second Public Hearing on Proposed Annexation of the Front portion of Rising Star Lane (Street), Being 0.646 acres situated in the Henry Tierwester Survey. Public Hearing opened. No Discussion. Public Hearing closed. 10. Consider and Possible Action on the Agreement Between the City of Sanger and the American Red Cross. City Manager explained this does not commit the City to anything other than providing a building and our service in the event of a disaster. Councilman Ervin moved to approve the agreement. Councilman Evans seconded. Motion carried unanimously. 11. Consider and Possible Action on Pro -Rats Agreement on Clear Creek Commercial Park. City Manager indicated this is Mr. Lawson on the lots between Church and Austin Streets on the service road. They are extending about $20,000 worth of sewer and water lines across the property, and have requested this agreement. Councilman Ervin asked what this agreement does for the city. 00004 Staff indicated it did not benefit the city, it was for the developer. The city will collect for the developer. Councilman Evans moved to approve the agreement. Councilman Higgs seconded. Motion carried 4 to 1. Councilman Ervin voted no. Councilman Ervin indicated the attorneys signature needs to be on the agreement. 12. Consider and Possible Action on Fund Raising at Intersections. Councilman Evans indited he felt that something should be done to help regulate Fund - Raising at Intersections. The City of Lewisville allows fund-raising five months out of the year and they charge for a permit. Councilman Garza indicated he did not think it was a problem to collect at intersections; however, it was dangerous for the kids to be in the street. Discussion regarding the Fund -Raising at the Intersection of F.M. 455 and I-35. Councilman Evans indicated he felt they should require a permit, and have some rules that they can pick up when they fill out the application for the permit. City Manager indicated he felt there should be an age limit. Discussion regarding regulations. Councilman James asked if this could be addressed by asking the people not to do this anymore. Discussion. Chief Amyx explained that the state allowed solicitation in the roadway if it is for a charitable organization. He indicated the local authority can regulate it. Councilman Evans indicated we could come up with an ordinance regulating it. Discussion. Discussed to come up with a plan and bring it back in two weeks. 13. Consider and Possible Action on Extending 8" Water Line to Trey's Court. City Manager indicated there were complaints regarding the water pressure in the subdivisions off of Freese Drive. Eddie Branham indicated he was requesting funds from the tap fees to put in an 8" line to fix the problem. 00003 Discussion regarding the line and the water pressure. Discussion regarding the cost. Eddie Branham indicated it was about 1300 feet at $20.00 per foot. Councilman Evans moved to extend the 8" line. Councilman Higgs seconded. Motion carried unanimously. 14. Meeting Adjourned. C q `1 •f _ „.,,, ..{nt !r,i tt r I, I t let "I r I L. lit _., . ...» a .. ..y ,,. _. .i it t „ ii _ , t 1 s It Vw »� s' t: It In I t^ "3_ . . In In n, It r , r LA ._k _.. ._1 _, ._ . ....._ j .".. ,. -.� 1 .. r.- f [ 3;1 � rr! to .�a ..; .. 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Im i.w. n air r UC'w _ r r ., -... .r .... F Jf-•q eF t � _ 1 4.._ .e I" E� 'S IIVJJ V �v �/ August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #4 & #5 This is consultation with the City Attorney to discuss the Yarborough settlement. � tr G+ � ;� August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re; Item #6 Jeff Styles, DTN Representative, indicated he will not be present at the meeting as he will be out of town. This is the same service that was presented to the Council at the last meeting. ANTENNA LEASE AGREEMENT THIS ANTENNA LEASE AGREEMENT ("Lease") is made and entered into as of the 200___, by and between Delaware limited liability company ("Tenant"). day of a " it (Landlord), and DTN SpeedNet Services, LLC, a For good and valuable consideration, the parties hereto agree as follows: 1. PREMISES Landlord leases to Tenant, and Tenant leases from Landlord, space ("Premises") on the roof or top of a building, grain elevator or other structure ("Structure") owned by Lessor located at ("Property"). Landlord grants to Tenant the Access Easement and Utility Easement described in Section 5 of this Lease. Landlord also grants to Tenant access to acceptable indoor space to house Tenant's indoor communication facility enclosure referred to in section 2. 2. USE The Premises will be used for the purpose of installing, constructing, maintaining, repairing, operating, altering, inspecting, and removing the following communication equipment: 2.1. Any and all antennas, dishes, radio transmitting and receiving devices, and/or grids as Tenant may deem appropriate. 2.2. Transmission lines, telephone lines, cables and mounting and grounding hardware. 2.3. A cabinets) or vaults) to house portions of Tenant's communication equipment and related transmission and telephone lines, cables, power supplies, and necessary accessories. ("communication facility enclosure") For the purposes of this Lease, all of Tenant's above -described equipment, antennas, dishes, radios, lines, switches, power supplies, accessories, and all necessary appurtenances will be referred to herein collectively as the "Communications Facility". The Communications Facility may be installed by Tenant or by any of Tenant's agents or contractors. Landlord shall approve the location where the communications facility will be constructed and installed at Premises by Tenant, and such approval shall not be unreasonably withheld or delayed. Tenant may run transmission lines, phone lines and cables between Tenant's equipment and Tenant's antennas, dishes radios and grids. Tenant has the right to make alterations to the Communications Facility from time to time as Tenant determines to be necessary or desirable. The primary term ("Primary Term") of this Lease will be for five (5) years commencing on the date of this Lease, unless sooner terminated as provided herein. The term of this Lease shall automatically extend for additional periods of five (5) years each (each an "Extended Term"), unless terminated by Landlord giving Tenant at least twelve (12) months prior written notice of Landlord's intent to terminate this Lease upon the expiration of the Primary Term or current Extended Term. Tenant may terminate this Lease at any time and for Ver. / 0501 any reason upon thirty (30) days prior written notice to Landlord. Landlord grants Tenant sixty (60) days after termination of this Lease in which to remove the equipment. 4. RENT In consideration for the lease of the Premises, Tenant agrees to provide one or more of the following items as shown by a mark in the space provided opposite such item: X Tenant will fiunish Landlord with one (1) 4 PC network internet access with a CPE Router (city office), one (1) 3 PC network internet access with a CPE Router (police dept.), and two (2) single PC internet accesses (electrical bldg.), free of charge, using Tenant's service upon installation and start-up of the Communications Facility and upon Landlord's execution of Tenant's service contract. X Tenant shall pay Landlord quarterly, in advance, during those months in which the Communications Facility is operating, the sum of $60.00 as an agreed upon reimbursement for electricity usage by Tenant. 5. ACCESS AND UTILITIES Landlord grants to Tenant, for use by Tenant, its employees, agents, and contractors, an easement and license on a twenty-four (24) hour daily basis, for (i) ingress ard egress to and from the Premises and the Communications Facility (the "Access Easement"), and (ii) the installation, operation and maintenance of necessary utilities for the Premises and the Communications Facility (the "Utility Easement"). Subject to the terms of Section 4, Landlord will pay all charges for electricity used or consumed by Tenant on the Premises. Tenant may install or improve existing utilities servicing the Communications Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Communications Facility. 6. INSTALLATION Tenant shall install the Communications Facility on the Premises at its sole expense and in accordance with all applicable federal, state and local laws, rules and regulations. Tenant will attempt to install the Communications Facility on the Premises as soon as feasible, but installation may be delayed up to eighteen months due to the complexities of multiple installations in multiple states. Tenant may determine at any time prior to installation occurring that the site has become unsuitable and terminate this agreement. 7 . NOTICE All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: Landlord: To Landlord's address set forth opposite Landlord's signature to this Lease Tenant: DTN SpeedNet Services, LLC 9110 West Dodge Road, Suite 200 Omaha, Nebraska 68114 Attention. Gene Porter, President A party may change its address to which any notice or demand may be given by written notice thereof to the other party. Tenant, at its own expense, shall maintain at all times comprehensive general liability insurance with limits of at least One Million Dollars ($1,000,000) per occurrence and in the aggregate, and shall name Landlord as an additional insured on such policy. Tenant shall furnish such evidence as Landlord may reasonably require of the insurance including, but not limited to, a certificate of insurance. ►' � : 1 1 ( 1 1 Tenant agrees to indemnify and save the Landlord harmless from all claims (including costs and expenses of defending against such claims) arising from any breach of this Lease by Tenant, or any negligent act, negligent omission or intentional tort of Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during the tern of this Lease in or about the Premises. Landlord agrees to indemnify and save Tenant harmless from all claims (including costs or expenses of defending against such claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent omission , or intentional tort of Landlord or Landlord's agents, employees, contractors, invitees or licensees. The provisions of this Section 8 will survive the termination of this Lease. 10. ASSIGNMENT AND SUBLETTING BY TENANT Tenant may, without Landlord's consent, assign or sublet any or all of Tenant's interest in this Lease or any part thereo% and/or any or all of Tenant's right, title, and interest in and to any or all of the Communications Facility, to any party controlling, controlled by or in common control with Tenant or any party acquiring substantially all of the assets of Tenant. 11. TITLE Landlord represents and warrants to Tenant that Landlord has good and marketable title to the Structure and the Property. Landlord shall warrant and defend the same to Tenant against the claims and demands of all persons and entities. Landlord represents that Landlord is not required to obtain any consent under any ground lease, mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to construct, operate, maintain or access the Communications Facility. 12. QUIET ENJOYMENT Landlord covenants that Tenant, upon paying the rent and observing the other covenants and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the right to use the Premises, Access Easement and Utility Easement on the terms and conditions and for the purposes stated herein during the term of this Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or any persons or entities claiming under the Landlord. Landlord will not use, allow or permit the Property or Structure to be used in any manner that will limit, impair or restrict the use or operations of the Communications Facility or allow any use that could cause any destructive or conflicting interference with the Communications Facility. Landlord grants to Tenant the exclusive right to use the Premises for the broadcast of radio signals in the FCC's ISM/NII frequency ranges of 900w928 MHz, 2.400-2.843 GHz and 5.75= 5.875 GHz. Furthermore, Landlord shall not permit any other electronic transmission equipment to be Ver. / 0501 3 �� �� 0 3 installed on or about the Premises and Property that would interfere with or impact the operation of Tenant's Communication Facility. Tenant agrees not to interfere with the operations of Landlord on the Property. 13. ENTIRIE AGREEMENT AND BINDING EFFECT This Lease constitutes the entire agreement between Landlord and Tenant; no prior written promises or prior contemporaneous or subsequent oral promises or representations will be binding. This Lease will not be amended or changed except by written instrument signed by the parties hereto. Section captions herein are for convenience of reference only and neither limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall not have any effect on the balance thereof, The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant. 14. GOVERNING LAW This Lease shall be governed by the laws of the state in which the Premises are located. IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the date and year first above written. TENANT: DTN SpeedNet Services, LLC By: Name: Title: LANDLORD: By: Name: Title: Landlord's Address &Phone for Notices: Ver. / 0501 4 August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #7 This is a zoning request change from Earl Schafer, his request is attached. He would like to build mini -storage warehouses on this property. This property is located on Stemmons Rd., north of the RV Sales (John Springer's property) and South of Duck Creek Road. We have a copy of the building plan in the office if you would like to review it. l�UC3;� at . law,,".,r Date: game.L Address: le?i/7l L14C7T�s / 'x 29 22 I am requesting the property located at change from �_ to Account #. (Rarer to this it when Enquiring about your property) R56837 Street Address: KEATON RD & I-35 Property Description: A1241A TIERWESTER, ACRES 10.1024, OLD TR 62 TR ACT 227, DC SHT 31 Overlapping County Information: ,� � ,anti legally described as to be considered for a zoning The purpose for this zoning request is as follows: Al to Flo S'ivK.h6� THE CITY OF BANGER signature J U L 10 20OZ Date received h D a2 SANGER, TEXAS Fee $ WO P . Rec'd by: woCCW� 115 cc P&Z 0 ul/02 CC 08/05/02 ZONING REQUEST To Consider a Zoning Request Change from B2 (Business) to I-1 (Industrial) on Property Legally described as Abstract 1241, Tract 227, Being 10.1024 Acres. The Property is located on Keaton Rd. & I-35. If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: k Comments: SIGNATURE I approve of the Request I disapprove of the Request Please Print Your Name / DATE P&Z 08/Ol/02 CC 08/05/02 ZONING REQUEST To Consider a Zoning Request Change from B2 (Business) to I-1 (Industrial) on Property Legally described as Abstract 1241, Tract 227, Being 10.1024 Acres. The Property is located on Keaton Rd. & I-35. If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: I approve of the Request I disapprove of the Request Comments: GNATTT? E Please Print Your Name LIST OF PROPERTY OWNERS -EARL SHAPER Earl Shafer 6020 Northview Ct. Aubrey, TX 762274003 Springer Family Rentals P.O. Box 248 Sanger, TX 76266 Robert G. Sims 802 Keaton Rd. Sanger, TX 76266 Larry J. Caldwell P.O. Box 635 Sanger, TX 76266 Wanda S. Lynch 806 Keaton Rd. Sanger, TX 76266 Barbara J. Mauck 808 Keaton Rd. Sanger, TX 76266 Frank Rodgers 810. Keaton Rd. Sanger, TX 76266 Chris L. Hammons 814 Keaton Rd. Sanger, TX 76266 Ronnie Grace 816 Keaton Rd. Sanger, TX 76266 Darla Z. Mayes 818 Keaton Rd. Sanger, TX76266 William Glenn Stogsdill P.O. Box 772 Sanger, TX 76266 James Hoffpauer 511 Simmons Rd. Lewisville, TX 7507M238 Roger KiIII I %W 1604 Duck Creek Rd. Sanger, TX 76266 Lee Roy Elsey 1608 Duck Creek Rd. Sanger, TX 76266 Billy Rice Sr. 803 Keaton Rd. Sanger, TX 76266 Allan A. &Beverly Brickey 1100 Keaton Rd. Sanger, TX 76266 Todd Carter 1609 Fairfield Circle Sanger, TX 76266 Rona Miller 160 7 Fairfield Circle Sanger, TX 76266 Fred Simmons P.O. Box 1288 Sanger, TX 76266 Carolyn Smith 18027 Clear Brook Circle Boca Raton, FL 33498 Michael Walker 5736 Luginbyhl Rd. Sanger, TX 76266 August 25 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item #9 Attached is the ordinance annexing this portion of Rising Star Lane. City of Sanger, Texas ORDINANCE NO. 08-21-02 1 1 11 :i �1 1•' 1 1 11 1 1 1 1 '• i 1 11 1' 1 1 1 :• i 1F SAID"/' 1Jp I N AIUI" 1 1 1 '1 1 BINDING SAID FUTURE INHABITANTSBY OF THE ACTS ANJ ORDINANCES OF SAID 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 1: That territory hereinafter described is hereby annexed into the city, and that the boundary limits of A 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. SITUATED IN DENTON COUNTY, TEXAS, BEING A PART OF THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, A PART OF A 71 ACRE TRACT OF LAND CONVEYED TO ED GILES ET UX TO A.B. HOLT BY DEED RECORDED IN VOLUME 154, PAGE 108 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod in a public road S. 88°53' E. 1028.9 feet from the Southwest corner of the R. Prather survey, Abstract No.1024and the West line of the Henry Tierwester 1 t -j:W Survey, Abstract no. 1241, said iron also lying in the South line of said 71 acre tract: THENCE: N 88°53 W. 379.3 feet along the south line of said 71 acre tract to an iron rod for corner in public road; THENCE: N.1 ° 07' E. 74.93 feet to an iron rod for corner at the beginning of a circular curve to the right having its center bearing S. 88°53' E. with a radius of 260 feet, THENCE: Along said curve to the right through a central angle of 58° 15' 10" for an arc distance of 264.34 feet to an iron rod for corner; THENCE: N. 30°37'S0" W. 60 feet to an iron rod for corner at the beginning of a circular curve to the left having its center bearing N. 88° 53' W. with a radius of 200 feet; THENCE: Along said curve to the left through a central angle of 58° 15' 10" for an arc distance of 203.34 to an iron rod for corner, THENCE: S. 1 ° 07' W. 44.93 feet to an iron rod for corner; THENCE: S. 88°53' W. 319.73 feet to an iron rod for corner; THENCE: S.1 ° 38' 30" W. 30 feet to the place of beginning and containing 0.646 acres of land more or less. Section 2: That the municipal service plan for the herein annexed territory provided in Exhibit "A" attached hereto is hereby adopted. SectionCity 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 Sth day of August, 2002. Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary J li City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED SITUATED IN DENTON COUNTY, TEXAS, BEING A PART OF THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 12419 A PART OF A 71 ACRE TRACT OF LAND CONVEYED TO ED GILES ET UX TO A.B. HOLT BY DEED RECORDED IN VOLUME 1549 PAGE 108 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod in a public road S. 88 ° 53' E. 1028.9 feet from the Southwest corner of the R. Prather survey, Abstract No.1024 and the West line of the Henry Tierwester Survey, Abstract no. 1241, said iron also lying in the South line of said 71 acre tract: THENCE: N 88°53' W. 379.3 feet along the south line of said 71 acre tract to an iron rod for corner in public road; THENCE: N.1 ° 07' E. 74.93 feet to an iron rod for corner at the beginning of a circular curve to the right having its center bearing S. 88°53' E. with a radius of 260 feet; THENCE: Along said curve to the right through a central angle of 58° 15' 10" for an arc distance of 264.34 feet to an iron rod for corner, THENCE: N. 30°37'S0" W. 60 feet to an iron rod for corner at the beginning of a circular curve to the left having its center bearing N. 88° 53' W. with a radius of 200 feet; THENCE: Along said curve to the left through a central angle of 58° 15' 10" for an arc distance of 203.34 to an iron rod for corner, THENCE: S.1 ° 07' W. 44.93 feet to an iron rod for corner; THENCE: S. 88°53' W. 319.73 feet to an iron rod for corner; THENCE: S.1 ° 38' 30" W. 30 feet to the place of beginning and containing 0.646 acres of land more or less. 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. FH; E PROTECTION AND FIRE 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 the annexation on the same basis and at the game level as provided throughout the city. MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTELITY 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 (44/2) 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 REOUIltED ' 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 often (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 43.0520 August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 10 Ken Wilson will address the Council Regarding this item. He would like to require that all new construction have a Form Board Survey done, guaranteeing the setbacks are correct. August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 11 Recently, legislation was passed that Recreational Vehicles/Travel Trailers could be taxed as property. The cities and counties have the opportunity to opt out of this taxation. The County is opting out and is recommending that the city opt out as well. This is still in discussion in the legislature, and the county feels sure this decision will be reversed. If it is reversed and the city did not opt out, we will have to pay back all funds collected. Staff recommends to Exempt the Recreational Vehicles/Travel Trailers from Ad -Valorem taxes. August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 12 Councilman Ervin requested this item be placed on the agenda. He would like to discuss the status of cleaning up the ditch. August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 13 Councilman Ervin requested this item be placed on the agenda. He would like to discuss the status of the repairs on Holt Road. August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 14 We are still having a problem with getting a quorum on our Board of Adjustments. We currently have four alternates; however, two of them have asked to be removed. Lucy Villanueva and Aaron Alfred have indicated they are no longer interested in serving, At this time we do not have any recommendations. If any council member has a recommendation, we can contact them to see if they are willing to serve. We are still working on getting some recommendations. August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 15 This is the property between Ruth Marshall and Meadowlands Addition. Once we have annexed this, we can begin procedures to take the property. RESOLUTION 0840-02 A RESOLUTION SETTING THE 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 August 19, 2002 and September 3, 2002 considering annexation into the City limits of the following described property: ABSTRACT 1241, TRACT 58, BEING 4.99 ACRES. PASSED AND APPROVED this Sth day of August, 2002. Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary August 2, 2002 To: Honorable Mayor and City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 16 We wanted to discuss this with the Council, and possibly consider changing our zoning ordinance requirement on parking regulations. Currently we require one or two enclosed parking spaces. After discussion with the City Attorney, we have been advised that the Board of Adjustments cannot issue variances on enclosing garages as they have done in the past. The Attorney indicated that most cities have the requirement for off-street parking, but not for garages. He felt this requirement could be changed. Samantha contacted the City of Denton and they indicated they do not require garages, only off-street parking. The ordinance could be amended completely as attached to remove the garage requirement completely, or Council could remove the requirement in some zoning districts, or leave the requirement as is. CITY OF SANGER, TEXAS ORDINANCE 110.08-20-02 AN ORDINANCE AMENDING CHAPTER 14, SECTIONS 9E-1'7E PARKING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A CHANGE IN ALL OF THE SINGLE FAMILY ZONING AND 2F ZONING PARING REGULATIONS, PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas that: SECTION I Chapter 14, Sections 9E-17E, be amended, as follows: SECTION 9 "SF1" -SINGLE FAMILY RESIDENTIAL DISTRICT - 1 General Purpose and Description -This district is intended to provide for larger lots with associated large single family residential dwellings and associated structures. Such districts will usually be located in relatively remote areas, separated from heavy traffic and major thoroughfares. This district is also appropriate in areas of environmental sensitivity and/or uneven topography and as a buffer between areas expected to remain in agricultural use for an extended period of time and areas expected to experience residential development. 9.1 PERMITTED USES: A. Uses permitted in the SF-1 District are outlined in the chart in Section 30. 9.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Thirty feet (30') B. Minimum Side Yard -Fifteen feet (15'); Twenty-five feet (25') on corner adjacent to side street. C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area -Twenty two thousand (22,000) square feet B. Minimum Lot Width - One hundred twenty-five feet (125') C. Minimum Lot Depth - One hundred fifty feet (150') ` ti C. Minimum Dwelling Size: Twenty-four hundred (2400) square feet D. Maximum Lot Coverage: Twenty-five percent (25%) by the main building; Forty percent (40%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations 1. Accessory Buildings: a. Minimum Front Yard - Sixty feet (60') b. Minimum Side Yard - Ten feet (10') c. Minimum Rear Yard - Ten feet (10') SECTION 10 "SF2" -SINGLE FAMILY RESIDENTIAL DISTRICT - 2 General Purpose and Description -This district is intended to provide for low density, traditional single family residential development. This district is appropriate as a buffer between higher density residential uses and agricultural and/or estate type residential areas. 10.1 PERMITTED USES: A. Uses permitted in the SF-2 District are outlined in the chart in Section 30. 10.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -five feet (25') B. Minimum Side Yard - ten feet (10'); Twenty feet (20') on corner adjacent to side street. C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area -Sixteen thousand (16,000) square feet B. Minimum Lot Width - One hundred feet (100') C. Minimum Lot Depth - One hundred forty feet (140') C. Minimum Dwelling Size: One of the categories below will be assigned at the time of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A - Twenty-four hundred (2400) square feet B - Two thousand (2000) square feet D. Maximum Lot Coverage, Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations 1. Accessory Buildings: a. Minimum Front Yard - Sixty feet (60') b. Minimum Side Yard - Ten feet (10') c. Minimum Rear Yard - Ten feet (10') SECTION 11 "SF3" -SINGLE FAMII.,Y RESIDENTIAL DISTRICT - 3 General Purpose and Description -This district is intended to accommodate the standard single family residential development. This district is appropriate as a buffer between higher density residential uses and agricultural and/or estate type residential areas. 11.1 PERMITTED USES: A. Uses permitted in the SF-3 District are outlined in the chart in Section 30. 11.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -five feet (25') B. Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area - Twelve thousand (12,000) square feet B. Minimum Lot Width - Ninety feet (90') C. Minimum Lot Depth" One hundred twenty feet (120') C. Minimum Dwelling Size: One of the categories below will be assigned at the time - of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A -Twenty-four hundred (2400) square feet B - Two thousand (2000) square feet C - Eighteen hundred (1800) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32, F. Other Regulations 1. Accessory Buildings: A. Minimum Front Yard - Sixty feet (60') Be Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 12 "SF4" -SINGLE FAMa,Y RESIDENTIAL DISTRICT - 4 General Purpose and Description -This district is intended to accommodate single family residential development with the requirements as outlined below. 12.1 PERMITTED USES: A. Uses permitted in the SF-4 District are outlined in the chart in Section 30. 12.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -five feet (25') Be Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). C. Minimum Rear Yard - Twenty-five feet (25') Be Size of Lots: A. Minimum Lot Area - Ninety-six hundred (9600) square feet Be Minimum Lot Width - Eighty feet (80') C. Minimum Lot Depth" One hundred twenty feet (120') 'NA 4w. � C. Minimum Dwelling Size: One of the categories below will be assigned at the time of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A -Twenty-four hundred (2400) square feet B on, Two thousand (2000) square feet C - Eighteen hundred (1800) square feet D - Sixteen hundred (1600) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line.' Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations 1. Accessory Buildings: A. Minimum Front Yard - Sixty feet (60') Be Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 13 "SFS" -SINGLE FAMILY RESIDENTIAL DISTRICT - 5 General Purpose and Description -This district is intended to accommodate single family residential development with the requirements as outlined below. 13.1 PERMITTED USES: A. Uses permitted in the SF-5 District are outlined in the chart in Section 30. 13.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -rive feet (25') B. Minimum Side Yard -eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). CO Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area - Eighty-four hundred (8400) square feet Be Minimum Lot Width - Seventy feet (70') C. Minimum Lot Depth - One hundred twenty feet (1201) C. Minimum Dwelling Size: One of the categories below will be assigned at the time of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A -Twenty-four hundred (2400) square feet B - Two thousand (2000) square feet C - Eighteen hundred (1800) square feet D - Sixteen hundred (1600) square feet E - Fifteen hundred (1500) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2} off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32, F. Other Regulations 1. Accessory Buildings: A. Minimum Front Yard - Sixty feet (60') B. Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 14 "SF6" -SINGLE FAMILY RESIDENTIAL DISTRICT - 6 General Purpose and Description -This district is intended to accommodate single family residential development with the requirements as outlined below. 14.1 PERMITTED USES: A. Uses permitted in the SF-6 District are outlined in the chart in Section 30. 14.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -five feet (25') B. Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area - Seventy-seven hundred (7700) square feet B. Minimum Lot Width - Seventy feet (70') C. Minimum Lot Depth - One hundred ten feet (110') C. Minimum Dwelling Size: One of the categories below will be assigned at the time of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A -Twenty-four hundred (2400) square feet B - Two thousand (2000) square feet C - Eighteen hundred (1800) square feet D - Sixteen hundred (1600) square feet E "Fifteen hundred (1500) square feet F - Thirteen hundred and fifty (1350) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations 1. Accessory Buildings: A. Minimum Front Yard - Sixty feet (60') B. Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 15 "SF7" -SINGLE FAMILY RESIDENTIAL DISTRICT - 7 General Purpose and Descriptin". Tb;c! district is intended to accommodate single family residential development with the requirements as outlined below. 15:1 PERMITTED USES: A. Uses permitted in the SF-7 District are outlined in the chart in Section 30. 15.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard -Twenty -five feet (25') B. Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area - Seven thousand (7000) square feet B. Minimum Lot Width - Sixty-five feet (65') C. Minimum Lot Depth - One hundred feet (100') C. Minimum Dwelling Size: One of the categories below will be assigned at the time of zoning. The minimum dwelling size will be concurrent with the letter attached to the zoning as follows: A -Twenty-four hundred (2400) square feet B - Two thousand (2000) square feet C - Eighteen hundred (1800) square feet D - Sixteen hundred (1600) square feet E - Fifteen hundred (1500) square feet F - Thirteen hundred and fifty (1350) square feet G - Twelve hundred (1200) square feet H - One thousand (1000) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2} off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations l . Accessory Buildings: A. Minimum Front Yard -Sixty feet (60') B. Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 16 "SF8" -SINGLE FAMILY RESIDENTIAL DISTRICT - 8 General Purpose and Description -This district is intended to accommodate the existing properties in the older part of town. 16.1 PERMITTED USES: A. Uses permitted in the SF-8 District are outlined in the chart in Section 30. 16.2 AREA REGULATIONS: A. Size of Yards: A. Minimum Front Yard - Twenty -five feet (25') Be Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). C. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: A. Minimum Lot Area - Six thousand (6000) square feet Be Minimum Lot Width - Sixty feet (60') C. Minimum Lot Depth was One hundred feet (100') C. Minimum Dwelling Size: One thousand (1000) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Forty percent (60%) by the main building, accessory buildings, driveways and parking. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations 1. Accessory Buildings: A. Minimum Front Yard - Sixty feet (60') Be Minimum Side Yard - Ten feet (10') C. Minimum Rear Yard - Ten feet (10') SECTION 17 " 2-F" TWO-FAIyIIL,Y RESIDENTIAL (DUPLEX DISTRICT) General Purpose and Description: The "IF" district is intended to provide the opportunity for development which istwo-family (duplex) in character, but which encourages individual ownership of each dwelling unit. The typical duplex lot is divided from front to back, thus encouraging the sale of each dwelling unit, together with the land upon which it is situated, to the occupant. 17.1 Use Regulations: A building or premise shall be used for only the following purposes: 1. Two-family residence (duplex). 2. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in a " 2P District when granted in accordance with Section 31: l . Uses as listed in Section 30 of this ordinance. 17.2 Height Regulations: No bung shall exceed thirty (30) feet in height. Accessory bungs shall not exceed fifteen (15) feet in height. 17.3 Area Regulations: A. Size of Yards: a. Front Yard: There shall be a front yard having a required depth of not less than twenty-five (25) feet ag measured from the front property line. Accessory buildings shall have a setback of sixty (60) feet or greater. b. Side Yard: There shall be a side yard on each side of a structure of not less than eight (8) feet. A side yard adjacent to a side street shall be not less than twenty (20) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet. c. Rear Yard: There shall be a rear yard having a depth of not less than twenty-five (25) feet. Minimum rear yard for accessory buildings shall not be less than ten (10) feet. B. Size of Lot: a. Lot Area: No building shall be constructed on any lot of less than six thousand five hundred (6,500) square feet or three thousand two hundred fifty (3,250) square feet per unit. b. Lots in the 2F District must be platted in pairs such that a duplex unit may be placed on each pair of lots. The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair. There shall be only one dwelling unit per lot and no dwelling unit shall cross a lot line. No single family detached dwelling may be constructed on one of the designated pair of lots. c. Lot Width: The width of the lot shall be determined by the construction width of individual dwelling units or dwelling units considering side yards as required above, but in no case shall the width of a pair of lots be less than sixty-five (65) feet. d. Lot Depth: The average depth of the lot shall be not less than one hundred (100) feet, C. Minimum Dwelling Size: Each dwelling unit shall be not less than nine hundred (900) square feet, exclusive of garages and porches and breezeways. D. Lot Coverage: In no case shall more than forty percent (40%) of the total lot area be covered by the combined area of the main building. Accessory buildings, driveways and. parking may account for an additional twenty percent (20%) of the total lot area. E. Parking Regulations: Two (2) off-street parking spaces per unit behind the front yard line is required. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 32. SECTION II All ordinances or parts of ordinances in conflict hereof are, to the extent of such conflict, repealed. SECTION III By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain non -conforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing ordinance was amended in its entirety by this Ordinance, shall be discharged or affected by such repeal; but prosecution and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending may be proceeded with in all respects as if such prior ordinance had not been amended. SECTION IV Any person or corporation violating any of the provisions of this ordinance shall upon conviction be fined the sum of two hundred dollars ($200) per day; and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of the ordinance to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners. PASSED, APPROVED, AND ADOPTED, this the 21st day of May, 2001, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary Administration: Sheetrock is being finished at the bank building and the ceiling is being repaired. We should be in the building by the end of August. Water/Sewer: The elevated water tank and well have been tested and everything has passed. We must install one valve and we will III on- line. Streets: Phase I of the street program should start by September 1, 2002. We will have contractor meetings for bidding purposes in August. We are in the process of getting the ROW for Holt Road. Contacts/New Businesses: Joe Falls: Ground should be broken in August on a new subdivision and golf course. Initially there will be 22 acres of homes ( about 60 ) and an 18 hole golf course with a beautiful club house. Serendipity: Phase I has sold and Phase II is scheduled to be platted in August. Approximately 60 new lots. Quail Run: Cowling Road: Ryland Homes is now involved with this project. They will set up a portable batch plant and pour the streets and pads for all of the subdivision. There should be approximately 380 homes with 2 parks. Sanger Trails: Roger Hebard: Dirt work has started again with streets being cut now. A large sewer line will be run south down across FM455. Heritage West: Homes are being built in this subdivision now. GNB Bank: Will relocate to a location on the east side of the expressway, north of FM455 along the frontage road. We have seen the site plan. Family Dollar: They have requested information on our sign ordinance. We understand they will be located behind McDonalds. Chicken Express: Robert Ingram, owner of Chicken Express has come to the office several times. His engineer has worked out an acceptable arraignment with TXDoT on entrances. Mr. Ingram is more than ready to start. Radio Shack: They have started the fill process on their lot. Construction should start by September. Lathum Staircase: The pad site is being prepared now. Construction should start in August. Kelly Saw &Tool: The new road and pad site is being prepared now. Travis Austin: The first of three buildings is being built now. A cabinet shop will occupy the first building. Tax Base 01-01-98 $ 97,476,245 01-01-99 $ 104, 872, 085 (Increase of $ 7, 395, 840 ) 01-01-00 $ 126,954,093 (Increase of $ 22,082,008 ) 01-01-01 $ 144,643,444 (Increase of $ 17,689,351 ) 01-01-02 It 226,882,983 (Increase of (1Z 82,239,539 ) tilit'7�