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09/20/2004-CC-Minutes-RegularMEN UTES: CITY COUNCIL SEPTEMBER 20, 2a04 i PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin, Councilman Mike Lawler OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Paul Morales Billing Coordinator, Street Superintendent John Henderson, Chief Police Curtis Amyx, Electric Superintendent Mike Prater, Water Superintendent Eddie Branham, Rick Moran, Kenneth Minhinnett, Victoria Kelly, John Ray Looper, Kathleen Martin, Lee Allison. I. Mayon Called Meeting to Orde�'and Councilman Higgs led- Invocation, followed by Councilman Ervin leading the Pledge of Allegiance. CONSENT AGENDA 2. a) .Approve Minutes:- b) Disbursements Motion made by Councilman Evans to approve consent agenda, seconded by Councilman Garza. 3. Citizen's Input. Johnny Looper, 663 Rising Star Lane, indicated that it has been over a month and they have not had a response about the water drainage problem. City Engineer Lee Allison indicated that pictures had been taken. The county commissioner still has not contacted him on the matter. Kathleen. Martin;. S99 Walnut} addressed City Council regarding the street. Mrs Martin expressed concern as to the method the street was being repaired. There was no curb or gutter. She complained in regards to people turning into her yard. She indicated the wanted the problem resolved and she also expressed that there was a property owner who had her section repaired. City Secretary indicated that the property owner was getting flooded in her garage. The contractors placed a drainage pipe that did not correct the problem and later they placed a concrete drainage brim. City Secretary did indicate the city does not have an easement in that cul-de-sac. Following a lengthy discussion the Mayor and the City Engineer addressed that they would- see what could be done. This item will be added to the next agenda. 4, Consider and Possible Action on Mr, and Mrs, Summers inRegards- to Request from Council for Submittal of Information. City Secretary had addressed the minutes concerning the motion approving the request for a copy of the tape from Mrs. Summers, City Attorney recommended that this was an item that City Council needed to act and direct staff on how to proceed. City Secretary advised that Mrs. Summers would not release a copy of the tape. She had advised that the only way she would release the tape would be if the City signed a release. Motion was made by Councilman Evans to release the check in the amount of $565.00 to Mr. and Mrs. Summers. Seconded by Councilman Ervin. Motion carried unanimously. 5. Consider and Possible Action on Adoption of Ordinance No.#09-23-04 Adopting Fiscal Year Budget for 2004-2005. Ilicrnecinn ORDINANCE NO. #09-23-04 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 19 2004 AND ENDING SEPTEMBER 30, 2005 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. Motion made by Councilman Evans to Adopt Ordinance No.#09-23-04 Adopting Fiscal Year Budget for 2004-2005 with excess money from Enterprise fund of $103,870.00 to be put into a special fund account for fire/ambulance. Seconded by Councilman Garza. Motion carried unanimously. G. Consider andP-ossibleAetiononAdoptionofOrdinanceNo:#09-24-04AdoptingTax Rate. Discussion. ORDINANCE N0.09-24-04 AN ORDINANCE OF THE CITY OF SANGER LEVYING THE AD VALOREM TAXES FOR THE YEAR 2004 (FISCAL Year 2004-2005) AT A RATE OF $0659260 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SANGER AS OE 3ANUAIIY 1, 20059 TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL -OUTSTANDING DEBT OF THE CITY OF SANGER; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND- INTEREST; PROVIDING- A REPEALING- CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: Motion made by Councilman Ervin on Adoption of Ordinance No.#0944-04 Adopting Tax Rate. Seconded by Councilman Lawler. Motion carried unanimously. 7. Consider and Possible Action on Request from Mr. Minhinnett Concerning Installation of Sewer Line. City Manager expressed that Mr. Minhinnett's letter was in regards to a sewer line that was installed on the wrong location. The Thompson and Roberts Group were the engineers who had this property surveyed for the easement. The easement document was to be 20 feet from the property line. The west end of the north side of the sewer line is actually located 374eet from the property line. Mr. Smith indicated there were a tot ofissues to take into consideration. The engineers who had this surveyed are no longer in business, and we have no idea who surveyed the property. At this point he was not sure who was actually responsible far- this problem. The installation of the line was not placed as shown on the easement document. The easement was also never signed. Mr...Minhinnett letter to the Council .indicated that .he was seeking damages for the installation of a sewer line in the wrong place. Mr. Minhinnett wants $47,500.00 for compensation of loss of the land on sewer line number one. He also wants $35,000.00 for compensation, four water, and four sewer taps on sewer line number two. Compensation would be for the release of the sewer easement for both sewer lines. Mr. Minhinnett did address council and indicated that he had originally discussed the sewer line easement on the West Side with the City Manager. He was in agreement to sign the easement until he realized it was in the wrong place. The other sewer line was never discussed with the City Manager and it was never agreed upon for an easement. Discussion) Issues. addressed about relocating the lines} cost, -and other alternatives.. Motion made by Councilman Lawler to table discussion until first Monday in October. Seconded by Councilman Ervin. Motion carried unanimously. $. Adjourn. Rosalie Chavez, City Secretary