06/03/2002-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONDAY, JUNE 39 2002
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: April 29, 2002 - Special Called
May 20, 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, an Items Discussed
in Executive Session.
6. Consider and Possible Action on a Preliminary Plat of Clear Creek Commercial Park,
Lots 1, 2, & 3, Block A. Property is located on Stemmons Rd. between Church and
Austin Streets.
7. Consider and Possible Action on a Final Plat for Clear Creek Commercial Park, Lvts
19 2, & 3, Block A. Property is located on Stemmons Rd. between Church and Austin
Streets,
8. Consider and Possible Action an Preliminary Plat for Sanger Industrial Park, Property
is Located on Loop 138 and F.M. 455, West of the Railroad Tracks.
9. Conduct Public Hearing to Consider a Replat on property legally described as
Meadowlands Addition, Lots 13R1 and 13R2, Being a Replat of Lot 13. Property is
located on Jennifer Circle.
10. Consider and Possible Action Regarding a Replat on property legally described as
Meadowlands Addition, Lots 13R1 and 13R2, Being a Replat of Lot 13. Property is
located on Jennifer Circle.
11. Conduct Public Hearing toConsider aReplat ofSanger I-35 Industrial Park, Lots 1R-1,
1R-2, and 2R-1, block A. Property is Located on F.M. 4.55 and Acker Street.
12. Consider and Possible Action Regarding aReplat of Sanger I-35 Industrial' Park, Lots
1R-1,1R-2, and 2R-1, block A. Property is Located on F.M. 455 and Acker Street.
1a* Consider and Possible Action on Amending the Building Permit Fees.
14. Consider and Possible Action on Interlocal Agreement Between the Sanger Independent
School District and the City of Sanger.
15. Consider and Possible Action on Interlocal Agreement with Denton County for Tax
Collection.
16. Consider and Possible Action on Interlocal Agreement between the City of Sanger and
Denton County Regarding Jurisdiction of Subdivisions in the E.T.J.
17.
l 9,
Consider and Possible Action on Resolution #06-Q9-02 -Setting Date, Time, and Place
for Public Hearing on Proposed Annexations. (Rising Star Lane)
Consider and Possible Action Regarding Connect lases in the Sanger Mobile Home
Parr.
Adjourn.
Rosalie Chavez, City Secre`�i-y
Date & Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Reduests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the
City Secretary's office at (940) 458=7930 for further information,
U91 I N UJLj niChUirA,
.l 9 10
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Glenn Ervin,
Councilman Joe 1liggs
ABSENT: Councilman Jimmy Evans, Councilman Craig Waggoner
OTHERS
PRESENT: City Manger Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Dan Almon
1. Mayor Called Meeting to Order.
2. Consider and Possible Action on Resolution # Q4-QS-02 -Authorizing the Publication
of the Notice of Intent to Issue Combination Tax and Revenue Certificates of Obligation
("CO's") and to Authorize SWS to Proceed With the Issuing Process.
Councilman Ervin moved to approve Resolution #04-Q8-02. Councilman Garza
seconded, Motion carried unanimously.
3. Meeting Adjourned.
MINUTES: CITY COUNCIL
MAY 209 2002
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Mike James
OTHERS
PRESENT: City Manger Jack Smith, City Secretary/Assistant City Manger Rose Chavez,
Assistant
1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, Councilman
Ervin led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: May 7, 2002 on Special Called
May 6, 2002
b) Disbursements
Councilman Higgs indicated he was not present at the May 1, 2002 meeting.
Councilman Evans moved to approve the Consent Agenda as corrected. Councilman
James seconded. Motion carried unanimously.
3. Citizen's Input.
A) John Looper, 663 Rising Star Lane, indicated they had put up a fence between his
property and the addition behind him. He indicated Mr. Wilson had been told he could
not have access through his property. Mr. Wilson removed the fence and put in a gate
to pull his R.V. in.
Mayor indicated the City vvouldlook into it._
B) Bobby Swan,111 Colonial Heights, indicated he had come before the Council with
a concern about some streets. He felt there should be a positive with every negative, he
indicated his streets were repaired. He felt that in the future he should not have to
come to Council to get this done, and would like to be able to fill out a work order and
submit it to the City Manager's office and have it completed. If it is not completed he
will come back to the Council.
C) Joey Copeland, 3892 Grimley Ln., addressed Council regarding property that was
formerly Kirby's. The business that is there is in opposition of the zoning ordinance.
Heavy Equipment is supposed to be in Industrial Zoning. He indicated they were also
in violation of the sign ordinance, and the side setbacks. He felt that something should
be done, Sanger has spent a lot of money trying to improve the appearance and this is
very unsightly at a main entrance into town.
Mayor indicated they would look into it.
4. Consider and Possible Action on Tax Exemption for the Bolivar Masonic Lodge #418.
Allen Sweeney addressed this item and indicated he had the letter form the state and
would answer any questions that the Council had.
Councilman Evans moved to approve the tax exemption for Bolivar Masonic Lodge
#418. Councilman James seconded. Motion carried unanimously.
5. Consider and Possible Action on Ordinance #05-13-02 -Authorizing the Issuance and
Sale of City of Sanger, Texas Combination Tax and Revenue Certificates of Obligation,
Series 2002, in the Principal Amount of $2,360,000, Approving an Official Statement,
Making Provisions for the Payment and Security Thereof and Ordaining Matters
Related Thereto.
6. Consider and Possible Action on Ordinance #05-14-02 -Authorizing the Issuance and
Safe of Utility System Revenue Bonds, Series 2002, in the Principal Amount of
$2,540,000, Approving an Official Statement, Malang Provisions for the Payment and
Security Thereof and Ordaining Matters Related Thereto.
Items #5 & #6 were addressed together.
Dan Almon passed out information to the Council. He explained that the bid packets
for purchasing bonds were sent out electronically, and that after the bonds are sold they
would do a final statement and the City would get a copy. Mr. Almon went through
pertinent data. He indicated the Bond Buyer Index was at 5.24% as of 5/16/02, and the
bond rating from Moody was a Baa2. He explained bond insurance rates, proposals,
and discussed comparable bond sales data.
Discussion continued regarding the bond issues.
Mr. Almon indicated on the ITtility System Reserve Bonds that we did not qualify for
bond insurance. The bond rating from Moody's was Baal. He felt the reason for not
being able to obtain the insurance was due to a shortage in manpower, they did not
have time to consider it. He indicated it was insurable, because it has been insured
before; however, more time would be needed to get the insurance. He indicated it
would save them 20 to 25 basis points if they were sold with insurance. He indicated
they could go to the insurance company tomorrow and give them a few days to get the
insurance and do the sale next week. If they do this there will be a risk of the market
deteriorating.
Brief discussion regarding the bond market changes.
acoa
Mr. Almon indicated he felt confident they could get insurance and possibly get it next
week. There is some risk to waiting, normally a developer would proceed without it,
but a political body would be more reluctant.
Discussion regarding the issue.
City Secretary explained that they could wait and get insurance, but the rate may go
up more than what they plan to save with the insurance.
Mr. Almon explained that not having insurance will not effect the City in any way.
Councilman Ervin moved to adopt Ordinance #05-14-02 and Ordinance #05-13-02.
Councilman Evans seconded. Motion carried unanimously.
7. Consider and Possible Action on Ordinance #OS-08-02 -Amending the Zoning Map of
the City of Sanger. (Abstract 29, Tr.113)
ZONING MAP OF THE CITY OF SANGER,TEXAS, AND PROVIDING
ZONING1 A ZONINGI AGRICULTURE
TO Iml SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING O
IMMEDIATE
8. Consider and Possible Action on Ordinance #OS-09-02 -Amending the Zoning Map of
the City of Sanger. (Abstract 29, Tr. 120)
ORDINANCE OS-09-02
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL
ZONING MAP OF THE CITY OF BANGER, fiEXAS AND PROVIDING FOR A
ZONING CHANGE AND A ZONING CLASSIFICATION FROM AGRICULTURE
TO I-2 SPECIFICALLY DESCRIBED HEREIN, AND PROVIDING FOR
IMMEDIATE EFFECT.
Items #7 & #8 were considered together.
City Secretary explained these two items were previously approved by the City
Council; however, they need to be done in ordinance form to have the map updated.
Councilman Garza moved to approve Ordinance #05-08-02 and Ordinance #05-09-02.
Councilman Evans seconded. Motion carried unanimously.
9. Consider and Possible Action on Ordinance #0541-02 -Amending the Sanitation
OC�CJ
Ordinance and Increasing the Rate by $1.00.
ORDINANCE NO.05-11-02
OLID WASTE COLLECTION1 OF ORDINANCES OF THE
ITY OF SANGER.) DENTONPROVIDE
CHEDULE OF SOLID WASTE COLLECTION RATES1 PROVII)ING FOR THE
PROVIDING A PENALTY1PROVIDING FOR
DATE,
City Manger explained that currently we pick up tree limbs when we are called;
however, many times the citizens do not call them in and we cannot pick them up
without a work order. If this is passed we will pick them up when we see them and do
not have to wait until the citizen calls them in.
Councilman James asked how many bills are sent out.
City Secretary indicated approximately 1800 per month.
Councilman James indicated this was approximately a 10% increase in the garbage
rate, and expressed that maybe that was too high.
Discussion.
City Secretary explained that we have always had problems with the customers calling
in and the Code Enforcement Officer has to tag the doors, and letters are sent if the
property owners do not call in to have them picked up.
F Code Enforcement Officer indicated the last time this was done he tagged 321 doors and
only received 6 phone calls for work orders.
Discussion.
Councilman Evans moved to adopt Ordinance #OS-11-02. Councilman Higgs seconded.
Motion carried unanimously.
10. Consider and Possible Action on Appointing Members to the Downtown Area
Committee.
City Manger indicated his suggestions for this committee were Mike James, Jack Smith,
Polly Dwyer, John Springer, Jarrod Link, Mike Dobrovolsky, Lanny Grissom, and
Elizabeth Higgs.
Councilman Ervin recommended to appoint the Code Enforcement Officer, Ken Wilson.
Discussion.
City Secretary indicated she felt it may be a conflict for the Code Enforcement Officer•
to serve because he is the building inspector.
Council agreed Ken Wilson should not be considered due to possible conflict of interest.
Councilman James moved to accept the nominations for the Historical District
Committee. Councilman Evans seconded. Motion carried unanimously.
11. Discussion on Building Permit Fees.
Ken Wilson, Code Enforcement Officer, indicated the way things are currently setup,
storage warehouses and apartment complexes are still the same rate per square foot.
He would like to bring to Council some information and perhaps an ordinance to look
at the rates for warehouses. Open warehouse space would take about fifteen minutes
to inspect, and some houses may take three hours. He also would like guidance on Non-
profit organizations, and asked if Council would consider waiving fees for them. He
indicated he would bring more information to them at the next meeting.
12. Consider and Possible Action on City Council Members) Attending the 2002 AMCC
Conference in El Paso From July 25-27, 2002.
Councilman Higgs indicated he did not feel the City should spend the money since they
are strapped with financial difficulties.
Councilman James indicated he would like to attend the conference, and would be
willing to pay some of the expense himself if the City could not afford the whole thing.
Discussion.
Councilman James asked if there was money budgeted for training.
Staff indicated there was.
Councilman James indicated he felt it should not be an issue if the funds are budgeted.
Councilman Ervin moved to approve the expense for this conference. Councilman
James seconded. Motion carried 3 to 2. Councilman Higgs and Councilman Garza
Voted no.
13. Meeting Adjourned.
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May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Executive Session
This is to consult with the City Attorneys regarding the Yarborough case.
OLp2
May 3U5 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
This is a Preliminary and a Final Plat for 41ots on Stemmons Freeway, directly West of Chisam
Trail Apartments. The Engineer has indicated all items have been addressed with the exception of
the fence and monuments. We currently do not have the monuments on our checklist for Final Plats
because the previous City Engineer recommended removing it from the list. He indicated these
were not necessary and the City did not use them; however, Mark Owens, our current Engineer feels
they would be useful for the City in the future. The developers have indicated they will erect the
fence if the plat is approved, and before any construction begins.
The Planning and Zoning Commission unanimously recommended approval of both plats.
To NEPAL CIVIL CONSULTING ENGINEER
May 22, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Clear Creek Commercial Park — PreliminarylFinal Plat
Lots 1, 2, 3, & 4, Block A
Sanger, Texas
2nd Review
Dear Mr. Smith:
Per your request I have reviewed aPreliminary/Final Plat as prepared by Alliance Area
Surveying 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 generally between Austin and Church Streets along the Northbound I-35
Service Road within the City of Sanger city limits.
Preliminary Plat
1. The preliminary plat needs to incorporate all applicable comments identified below for
the Final Plat.
Final Plat
1. Pursuant to Section T9.3.d of the zoning ordinance a solid masonry orwood wall having
a minimum height of six (6) feet above the average grade of the residential property shall
be constructed at the rear property line adjacent to Chisum Trails addition. The final plat
will not be approved until the fence has been constructed and approved by the City.
2. Pursuant to Item 4.04.F of the Subdivision Ordinance accurate location, material and
approximate size of all monuments need to be shown in accordance with section 5.07 (A)
of the City's Subdivision Ordinance
3. Under the General Notes the statements should read as follows:
Tfitlili[�
C1;4ruitki
IIC.
MARK T. OWENS, P*.E.
ENERAL CIVIL CONSULTiNG ENGINEER
• Sanitary sewer service to be provided by the City of Sanger at the existing 8" sanitary
sewer line generally located at the intersection of Austin Street and I-35 Service
Road.
4. When the plat is resubmitted a revision date should be shown in the revision portion of
the title block. This will help the City track drawings and make sure the correct drawing
is recorded.
At this point I would recommend that this item not be placed on the Planning and Zoning agenda
until all my comments have been satisfactorily addressed. If you have any questions or need any
further information, please call me at (940) 3914845.
S' cerely
Mark T. Owens, P.E.
General Civil Consulting Engineer
Cc: J.T. Thompson —Alliance Area Surveying
•L'
MARK T. OWENS, P.E.
C ENERAL CIVIL_ CONSULTING ENGINEER
May 23, 2002
Mr, Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Clear Creek Commercial Park —Construction Drawings
Lots 1, 2, 3, & 4, Block A
Sanger, Texas
Final Review
Dear Mr. Smith:
Per your request I have reviewed the Construction Drawings as prepared by Isbell Engineering,
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. 05-0&01. My review comments are as follows:
General
1. The property is generally between Austin and Church Streets along the Northbound I-35
Service Road within the City of Sanger city limits.
Construction Drawings
1. In general the construction drawings comply with standard engineering practices and
principles. When each lot is developed individual lot specific construction details
including site grading and utility plans will be required.
Once my final plat review comments dated 5/22/2002 have been addressed, I would recommend
that this item be placed on the next Planning and Zoning agenda. If you have any questions or
need any further information, please call me at (940) 3914845.
V
Mark T. Owens, P.E.
General Civil Consulting Engineer
Cc: Warren Ladbrook, P.E. —Isbell Engineering, Inc.
;n:i;7lt', rfz�it,ls tti::
� vv
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Clear Creek Commercial Park — Preliminary/Final Plat &Construction Drawings
Lots 1, 22 3, & 4, Block A
Sanger, Texas
1 sc Review
Dear Mr. Smith:
Per your request I have reviewed aPreliminary/Final Plat as prepared by Alliance Area
Surveying and construction drawings as submitted by Isbell Engineering Group, 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. All comments received from Public Works, Fire Department and Code Enforcement
should also be addressed prior to approval of the Final Plat.
2. The property is generally between Austin and Church Streets along the Northbound I-35
Service Road within the City of Sanger city limits.
Final Plat
1. To assist in the further review of the plat, I would request that when the plat is
resubmitted that a smaller drawing scale be used to make the drawing larger which will
provide more clarity.
2. Pursuant to Section 19.3.d of the zoning ordinance a solid masonry or wood wall having
a minimum height of six (6) feet above the average grade of the residential property shall
be constructed at the rear property line adjacent to Chisum Trails addition. The final plat
will not be approved until the fence has been constructed and approved by the City.
3. Pursuant to Item 4.041 of the Subdivision Ordinance accurate location, material and
approximate size of all monuments need to be shown in accordance with section 5.07 (A)
of the City's Subdivision Ordinance
4. Right -of --Way widths should be shown for Church and Austin Streets.
.c, N ir,sCr�+ _ li i?%id.. •r.>>`rt�i�+_. F'3r+i.i; h i'`Jslii•+ ii.iv
5. The proposed 5' utility easement shown along the I-35 Service Road should be a
minimum of 20' to allow for the existing power poles and any future utilities the City
may want construct along the Service Road,
6. Under the General Notes the statements should read as follows:
• Water service to be provided by the City of Sanger at the existing 6" waterline shown
on the plat.
• Sanitary sewer service to be provided by the City of Sanger at the existing 8" sanitary
sewer line generally located at the intersection of Austin Street and I-35 Service
Road.
7. The following verbiage should be removed from the Owners statement, "and further
attest that to the best of my knowledge this property does not lie in the Extraterritorial
Jurisdiction (ET) of any City.
8. In the meets and bounds description a 1.000-acre tract is referenced in two (2) places
relative to west boundary line of the property. There is not a 1.000-acre tract shown on
the plat.
9. When the plat is resubmitted a revision date should be shown in the revision portion of
the title block. This will help the City track drawings and make sure the correct drawing
is recorded.
Construction Drawings
1. Pursuant to Item 4.04.P of the Subdivision Ordinance construction plans should be
provided showing plan and profile of proposed sewers, proposed water lines, ditch
improvements along FM 455, and all proposed drainage improvements as identified in a
detailed drainage study.
2. A detailed drainage study was not provided. The drainage study should show an
evaluation of all proposed culverts; existing culverts and drainage facilities carrying
water from the site across I.35 Service Road; and existing and proposed ditches along I-
35 Service Road, Austin Street, and Church Street.
3. The drawings should show in plan, profile and x-section all existing and proposed ditches
adjacent to the site, existing and proposed culverts and any other proposed or existing
drainage facilities.
4. Several features on the drawings are not shown or labeled. An example is that the actual
edge of pavement is not shown for either Austin Street or Church Street.
oc�o3�
Mtn R'C T� Omar'; i.s,
9
ENt."RAA�
D. Driveway locations and construction details sufficient TxDOT approval should be
included on the drawings.
6. The general site grading plan is not acceptable. The site as graded shows flow from Lot 4
onto Lots 1-3, this may adversely impact those lots. Drainage easements may need to be
provided across lots 1,2 or 3 to get the flow from Lot 4 to the existing drainage structures
in the I-35 service Road or Lot 4 graded to direct the flow to facilities in Austin or
Church Streets. The drainage study should evaluate existing and proposed conditions.
Onsite detention should be evaluated and may be required.
7. No benchmark has been shown.
8. According to the City's ordinance all water lines for commercial subdivision shall be a
minimum of 12" diameter. The water shown is 6", this does not meet the City's
requirements.
9. A detail should be shown showing how the 12" water line will be connected to the
existing 6" water line.
10. Afire hydrant, tee and 12" extension with gate valve should placed at the 90 degree bend
adjacent to Austin Street,
11. Plan and profile views of the proposed sewer line should be provided.
12. Sanitary sewer manholes need to be shown and constructed at all bends in the proposed
sewer line.
13. A sanitary sewer manhole needs to be constructed where the proposed sewer connects
into the existing sewer. The flowline elevation of the connection should be indicated on
the drawing.
14. The pipe size of the water stubs into the properties should be shown.
15. There is an existing sanitary sewer manhole shown at the southwest corner of the
property that according to the City's Pubic Works Department does not exist.
16. A proposed electric line is shown ending in the middle of Church Street.
17. Standard details for water, sewer, culvert and storm drain construction need to be
included in the drawings.
18. There is note on the plans that states "Contractor to be responsible for verifying
distances between water line and S.S. line and S.S. line and the U.E." It would be more
appropriate to place this note where the proposed 12" waterline runs parallel to the
existing 8" sewerline in Austin Street.
i z�;.tdk RAL C A'Vi . k-, OPd:� Ulk%�iINE is
At this point I would recommend that this item not be placed on the Planning and Zoning agenda
until all my comments have been satisfactorily addressed. If you have any questions or need any
Further information, please call me at (940) 3914845.
Si rely;
Mark T. Owens, P.E.
General Civil Consulting Engineer
Cc: Warren D. Ladbrook —Isbell Engineering Group, Inc.
J.T. Thompson — Alliance Area Surveying
Or�C3�
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Item #8
This is a plat of the same area that came before Council previously and was approved with
stipulations regarding drainage. Mr. Porter has decided no to proceed with that plat and has reduced
the number of lots significantly. The Engineer has recommended approval of this plat as is.
The Planning and Zoning Commission unanimously recommended approval of the plab.
�eC3�
May 14, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
MARK T. OWENS, .E.
GENERAL CIVIL CONSULTING ENGINEER
ID , , r�L J (5"
Re: Sanger Industrial Park Phase II —Preliminary Plat
Sanger, Texas
1 s` Review
Dear Mr. Smith:
Per your request I have completed the ls` review of the Preliminary Plat as prepared and
submitted by Surveyors and Engineers of North Texas, Inc. and interior 8" sewer line as
prepared and submitted by Isbell Engineering Group for the project referenced above. My
comments are as follows:
Preliminary Plat, and Drainage and Utility Plans
1. The preliminary plat, drainage and utility plans are in general conformance with City
ordinances and is recommended for approval.
Interior 8" Sewer Line
1. The plans are recommended for approval.
It is my recommendation that when Lots 2 & 7 are subdivided in the future as indicated on the
plat a CLOMR drainage study be completed by the developer and approved by FEMA re -
delineating the floodplain boundary to reflect the proposed channel improvements.
If you have any questions or need any further information, please call me at (940) 391-4845.
Sincerely;
Mark T. Owens, P.E.
General Civil Consulting Engineer
;n'146r . elttit ! ;tC
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
The City Engineer has indicated this plat conforms with all City Regulations. This is a Replat of
a lot in the E.T.J. located on Jennifer Circle. We sent property owner letters to all property owners
within the original subdivision and published the legal notice concerning the Public Hearings. We
did not receive any letters back from property owners. The engineer recommends approval.
The Planning and Zoning Commission unanimously recommended approval of both plats.
MARK T. t7LYEi+ S, P.E.
GENERAL CIVIL CONSULTING ENGINEER
May 1, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Meadow Lands Addition —Final Plat
Lots 13R1 & 13R2, Being a Replat of Lot 3
2nd Review
Dear Mr. Smith:
Per your request I have reviewed a Final Plat as prepared and submitted by Metroplex 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 Ordimance adopted August 3,
1987, and Ordinance No. 05-06-01. My review comments are as follows:
General
l . The property is generally located approximately 2/3 Of a mile west of I-35 along Belz
Road on the south side of Belz Road within the City of Sanger ETJ.
Final Plat
1. I recommend approval of the final plat as submitted.
2. For future reference I would request that when a plat is modified per my review and
resubmitted that the revision dates) be indicated on the plat in the appropriate place.
If you have any questions or need any further information, please call me at (940) 391-4845.
S' erely;
W
Mark T. Owens, P.E.
General Civil Consulting Engineer
Cc: Gary W. Hammett — Metroplex Surveying, Inc.
d: ;�;;,.,r,L.�
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
Apri18, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Meadow Lands Addition Replat - 1 sc Review
Lots 13R1 & 13R2
Sanger ETJ
Dear Mr. Smith:
Per your request I have reviewed a Replat as prepared and submitted by, Metroplex 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. All comments received from Public Works, Fire Department and Code Enforcement
should also be addressed prior to approval of the Replat.
2. The property is generally located west of I-35 and south of Belz Road in the north
western portion of the City's ETJ.
Final Plat
1. The plat shows a 10' water easement. This is less than the 15' utility easement that would
be required under the City's current ordinance.
2. Setback lines should be shown indicating minimum front, rear, and side yard setbacks in
accordance with the City's "A" zoning classification. Front Yard — 50 feet, Side Yard -
- Not less than fifteen (15) percent or fifty (50) feet whichever is less. Back Yard - 25 feet.
3. The plat should show contours with intervals of two (2) feet.
If you have any questions or need any further information, please call me at (940) 391-4845.
Si cerely•
w
Mark T. Owens, P.E.
General Civil Consulting Engineer
Cc: Gary W. Hammett — Metroplex Surveying, Inc.
City of
•1 .
August 287 2001
TO: Property Owners
FR: Rosalie Chavez, City Secretary
RE: Replat of Meadowlands, Lot 13
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing
at 201 Bolivar, in the Council Chambers on Thursday, May 30, 2002 at 7:00 P.M. to
Consider a Replat on property legally described as Meadowlands Addition, Lots 13R1
and 13R2, Being a Replat of Lot 13. Property is located on Jennifer Circle.
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the
Council Chambers on Monday, June 3, 2002 at 7:00 P.M. to Consider a Replat on
property legally described as Meadowlands Addition, Lots 13R1 and 13R2, Being a
Replat of Lot 13. Property is located on Jennifer Circle.
Attached is a form for you to sign stating whether or not you approve of this request.
If for some reason you do_UV approve,_or have any questions regarding this request
please plan to attend the public hearings.
RCar
Enclosure
zoi BOLIVAR STREET BANGER, TEXAS 76266 940-458-7930
P.O. BOX 1729 940-458•418o FAX
PZ OS/30/02
CC 06/03/02
REPEAT REQUEST
To Consider a Replat of Sanger I-35 Industrial Park, Lot 1R-1,1R-Z, and 2R-1, Block A.
Property is Located on F.M. 455 and Acker Street.
If you disapprove of this Replat Request, please be in attendance at the meeting.
Please check one:
I approve of the Replat Request
I disapprove of the Replat Request
Comments:
SIGNATURE
Please Print Your Name
DATE
Page 1 of 1
Your search returned 14 matches.
Property Id
R128316
R128318
R128319
R128320
R128321
R128323
R128324
R128325
R128327
R128328
Owner Name
CORPLE, GEORGE E
CORPLE, GEORGE E
HOLLIMAN, DUNCAN M
ANGE, MICHAEL & CHERYL
KEEN, VIRGEL D
NEWMAN, DALE R
BOWLES, GARY D
GUERRERO, RAMON C
MARKLEY, DOUGLAS M
MARKLEY, DOUGLAS M
Copyrights 1999 The Software Group,lnc.
AH rights reserved.
Page 1 of 2 next D
Situs Address Value
411 BELZ RD $122,398
3451 BELZ RD $224,827
3425 BELZ RD $1300912
11307 JENNIFER CIR $146,850
11345 JENNIFER CIR $118,257
11421 JENNIFER CIR $143,800
11473 JENNIFER CIR $142,888
11493 JENNIFER CIR $139,341
JENNIFER CIR $8,059
11466 JENNIFER CIR $188,993
next D
Show Legal Description
Display page �-
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Page I of 1
Your search returned 14 matches,
aprevious Page 2 of 2 '
Property Id Owner Name Situs Address Value
R128329 GILLUM, JIMMY W 11404 JENNIFER CIR $127,687
R128331 SPRABARY, JIMMY 11346 JENNIFER CIR $169,806
R128332 URBAN, PATSY A ? d . ;3 on(: 6e 1609 JENNIFER CIR $128,339
R128334 CARTER, FREDDIE 11252 JENNIFER CIR $187,005
aprevious
Show Legal Description
Display page
Copyright ®1999 The Sofhvare Group, Inc.
All rights reserved.
http: //www. dentoncad. com/searchresults. asp?j umpto=2
S/10/2002
LEGAL NOTICE
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201
Bolivar, in the Council Chambers on Thursday, May 30, 2002 at 7:00 P.M. to Consider a
Replat on property legally described as Meadowlands Addition, Lots 13R1 and 13R2, Being
a Replat of Lot 13. Property is located on Jennifer Circle.
Rosalie Chavez
City Secretary
LEGAL NOTICE
The City of Banger's City Council will conduct a Public Hearing at 201 Bolivar in the Council
Chambers on Monday, June 3, 2002 at 7:00 P.M. to Consider a Replat on property legally
described as Meadowlands Addition, Lots 13R1 and 13R2, Being a Replat of Lot 13. Property
is located on Jennifer Circle.
Rosalie Chavez
City Secretary
Run 1 time
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12
RECOMMENDED FOR APPROVAL.
CHAIRMAN, PLANNING AND ZONING COMMISSION
CITY OF BANGER, TEXAS
APPROVED AND ACCEPTED
DATE
POINT F
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fHE UNDERSIGNED, THE C►TY SECRETARY C
:ERTIFIES THAT THE FOREGOING FINAL PLA
AND THE COUNCIL, BY FORMAL ACTION, TF-
;TREETS, ALLEYS, PARKS, EASEMENTS, PUE
>HOWN AND SET FORTH IN AND UPON SAL'
PPUTHORIZED THE MAYOR TO NOTE THE ACc
iIEREIN ABOVE SUBSCRIBED.
MEIROPLEX SURVEYING INC.
223 W. HICKORY
DENTON, TEXAS 76201
Phone (940) 387-0506
Fax (940) 565-0436
APRIL 29, 2002
MR. JACK SMITH
CITY OF SANGER
P.O. BOX 1729
SANGER, TEXAS 76266
F.E: MEADOW LANDS ADDITION, REPEAT LOT 13
SANGER ETJ
DEAR MR. SMITH
PER OUR CONVERSATION I AM REVISING THE PLAT TO SHOWN THE
BUILDING LINES INDICATED ON THE PLAT. THIS SUBDIVISION IS IN
DENTON COUNTY AND SANGER'S ETJ, THE BUILDING LINES WE HAVE
PROPOSED DO NOT MEET YOUR CURRENT ORDINACES BUT THIS IS AN
EXISTING SUBDIVISION WITH SOME IMPROVEMENTS ALREADY IN PLACE.
IF YOU SHOUL;)_HAVE ANY QUESTIONS PLEASE CALL ME_.__
GARY''W'H.AIGIN�mTT R.P.L.S.
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
The City Engineer has indicated this plat conforms with all City Regulations. We sent property
owner letters and published the legal notice concerning the Public Hearings. We did not receive any
letters back from property owners. We have received the tax certificates and the traverse closure
sheet indicated on the last review from the City Engineer; therefore, the engineer recommends
approval as all items have been addressed.
The Planning and Zoning Commission unanimously recommended approval of the plat.
MARK T. OWENS, P.E.
GENCRAL CIVIL CONSULTING ENGINEER
a
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Sanger I-35 Industrial Park —Replat
Sanger, Texas
Final Review
Dear Mr. Smith:
Per your request I have completed a Final review of the Replat as prepared and submitted by
Alliance Area Surveying, Inc. for the project referenced above. My comments are as follows:
l . The preliminary plat, drainage and utility plans are in .general conformance with City
ordinances and is recommended for approval.
2. Prior to the Planning and Zoning meeting a traverse closure sheet should be provided.
(Subdivision Ordinance Item 4.04 A)
3. Prior to the Planning and Zoning meeting a tax certificate needs to be provided to the
City. (Subdivision Ordinance Item 4.04 T)
If you have any questions or need any further information, please call me at (940) 391-4845.
(' V
Mark T. Owens, P.E.
General Civil_Consulting_Engineer__ _
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
March 25, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: Sanger I-35 Industrial Park —Replat
Sanger, Texas
2°d Review
Dear Mr. Smith:
Per your request I have completed a 2°� review of the Replat as prepared and submitted by
Alliance Area Surveying, Inc. for the project referenced above. My comments are as follows:
As far as my review of the replat relative to meeting the requirements of the City's Subdivision
Ordinance I have the following comments.
1. 15-foot utility easements and 5-foot electrical easements should be shown along FM 455
and Acker Road. Per discussions with the City's electrical superintendent the 5-foot
utility easement should be immediately adjacent to the ROW dedication line and then the
15-foot utility easement. The 15400t utility easement line along FM 455 scales out to be
5 feet on the drawing. This needs to be corrected.
2. Along the front of all three lots there is a 20400t and 30-foot building lines are shown.
Only one building line should be shown. The ordinance requires a 20400t minimum
building line.
3. A traverse closure sheet should be provided. (Item 4.04 A)
4. Lot grading should be shown. (Item 4.04 I)
5. How will sewer service be provided to LOT 1R4. At a minimum the proposed alignment
and flow line call outs should be shown on the drawing to demonstrate that no additional
easements will be required and that it is feasible to provide_ service_ to the property. (Item
4.04 P(3))
6. Tax Certificate needs to be provided to the City. (Item 4.04 T)
If you have any questions or need any further information, please call me at (940) 391-4845.
Sincerely;
Mark T. Owens, P.E.
General Civil Consulting Engineer
P.O. Bcx 59��
POi iDER. TX 76259
FAX: 9-10-479-059 3
ntdints a IL)h C net
�i.
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
February 26, 2002
Mr. Jack Smith
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Re: SangerIndustrial Park —Replat
Sanger, Texas
1st Review
Dear Mr. Smith:
Per your request I have completed a 1 S` review of the Replat as prepared and submitted by
Alliance Area Surveying, Inc. for the project referenced above. My comments are as follows.
In accordance with Section 4.07 of the Subdivision Ordinance entitled "Replats", a preliminary
plat is not required and construction details are not required if there are no appreciable alterations
or improvements to any City infrastructure.
For this particular replat I see no need to require a preliminary plat but I think the developer
should provide enough detail in the form of construction drawings showing how they intend to
address water and sewer service needs and how drainage from the sites will be dealt with.
As far as my review of the replat relating to meeting the requirements of the City's Subdivision
Ordinance I have the following comments.
1. An additional 10 feet of ROW should be dedicated along FM 455 remain consistent with
other plats that have recently been filed.
2. 15 foot utility easements and 5 foot electrical easements should be shown along FM 455
and Acker Road.
---3. The Electric Superintendent has requested a 10 foot easement across the South end of lot
1 R-1 and along the East and South side of Lot 2R-1.
4. Building lines should be shown on all lots.
5. Vicinity map should be shown at a scale of 1`2,000'
6. A traverse closure sheet should be provided. (Item 4.04 A)
7. Lot grading should be shown. (Item 4.04 I)
8. Alignment and profile of sanitary sewer that will be constructed to provide service to the
subdivision. (item 4.04 P(3))
9. All other utilities including water providing service to the subdivision should be shown.
(Item 4.04 P(5))
10. Tax Certificate (Item 4.04 T)
11. The project is identified as the "Tangle T Addition" in the City Secretary signature block.
�O'I�ER. TX 762�g
AX 9_iO--1 i s-i-0593
nit! .�<;igli.tc.nrt
MARK T. OWENS, P.E.
GENERAL CIVIL CONSULTING ENGINEER
12. The drawing should show the %" iron rod found at the southwest corner of 1.805 acre
tract.
13. A dimension should be included on the drawing showing the 63.36 feet as described in
the legal description.
14. The Approved by City Engineer block at the bottom of the descriptions needs to be
removed.
15. Acker Street is noted as Asphalt and it is a Concrete street.
If you have any questions or need any further information, please call me at (940) 391-4845.
Mark T. Owens, P.E.
General Civil Consulting Engineer
P.O. pox 595
�ortD�R. T:� 75259
rriort_. 9-10-3r1-a8-1�
Fr'A! ' 4U-4 0593
n:dinh a it lidc.nct
City of
May 16, 2002
To: Property Owners
Fr: Rosalie Chavez
Re: Replat -Sanger I-35 Industrial Park
The City of Banger's Planning and Zoning Commission will conduct a Public Hearing in the
Council Chambers at 201 Bolivar on Thursday, May 30, 2002 at 7000 P.M. to Consider
a Replat of Sanger I-35 Industrial Park, Lot 1R4, 1R-2, and 2R4, Block A. Property is
Located on F.M. 455 and Acker Street.
The City of Sanger's City Council will conduct a Public Hearing in the Council Chambers
at 201 Bolivar on Monday, June 3, 2002 at 7:00 P.M. to Consider a Replat of Sanger I-35
Industrial Park, Lot 1R4, 1R-2, and 2R4, Block A. Property is Located on F.M. 455 and
Acker Street.
Attached is a form for you to sign stating whether or not you approve of this request. If for
any reason you do not approve, or have any questions regarding this request, please plan to
attend the public hearings on the above scheduled dates.
Thank you for your immediate attention to this request.
RC:sr
Enclosures
Zoi BOLIVAR STREET BANGER, TEXAS �6266 940•458-7930
P.O. BOX 1��9 940-458.4s8o FAR
PZ OS/30/02
CC 06/03/02
REPEAT REQUEST
To Consider a Replat of Sanger I-35 Industrial Park, Lot 1R-1,1R-2, and 2R-1, Block A.
Property is Located on F.M. 455 and Acker Street.
If you disapprove of this Replat Request, please be in attendance at the meeting.
Please check one:
I approve of the Replat Request
I disapprove of the Replat Request
Comments:
SIGNATURE
Please Print Your Name
List of Property Owners:
Sanger I-35 J/V %Robert F. Strong II
1200 Mainplace Ste. 1600
Grapevine, TX 76051
(Lot 6R - Sanger Industrial Park)
Mark Moynagh
4501 N. Mesa
Denton, TX 76207
(Lot 4 - Sanger Industrial Park)
John Porter Auto Sales
P.O. Box 876
Sanger, TX 76266
(Lots 1,2 & 3 - Sanger Industrial Park)
Burros Supermarket
P.O. Box 708
Sanger, TX 76266
Dr. Lynn Stucky
RR 6 Box 750
Sanger, TX 76266
McDonald's
12900 Preston Rd.
Suite 1111
Dallas, TX 75230
LEGAL NOTICE
The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201
Bolivar, in the Council Chambers on Thursday, May 30, 2002 at 7:00 P.M. to Consider a
Replat of Sanger I-35 Industrial Park, Lot 1R4,1R-2, and 2114, Block A. Property is Located
on F.M. 455 and Acker Street,
Rosalie Chavez
City Secretary
LEGAL NOTICE
The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council
Chambers on Monday, June 3, 2002 at 7:00 P.M. to Consider a Replat of Sanger I=35
Industrial Park, Lot 1R=1, 1R=2, and 2R=1, Block A. Property is Located on F.M. 455 and
Acker Street,
Rosalie Chavez
City Secretary
Run 1 time
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Item # 13
Ken Wilson will address this item.
:%1_'l'Ju
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Itert� # 14
This is the lnterlocal Agreement that was brought before Council previously. We did send this to
our attorney and he recommended several changes which have been made. The proposed agreement
I
s attached.
1111E STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE SANGER INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF SANGER, TEXAS
THIS AGREEMENT is made and entered by and between the City of Sanger, Texas, a political
subdivision located within Denton County, Texas, hereinafter referred to as the "City," and the Sanger
Independent School District, a political subdivision located within Denton County, Texas, duly organized
and authorized under the laws of the State of Texas, hereinafter referred to as the "SISD."
VVITNESSETH that the City and SISD propose to construct intersection improvements and a new
north/south road between McReynolds Road and FM 455 as described on Exhibit" A ", hereinafter
referred to as the "Project."
WHEREAS, the City is a duly organized and political subdivision in Denton County, Texas engaged in
the administration of city government and related services for the benefit of the citizens of Sanger, Texas;
WHEREAS, the SISD is a duly organized political subdivision in Denton County, Texas, engaged in the
- educational fiznction andrelatedservices-for-the-benefit of the citizens of the ..area serviced by_the _SISD;_____
m
WHEREAS, the City and the SISD mutually desire to enter into this Agreement, subject to the provisions
of V. T .C. A. Government Code, Chapter 791, the Interlocal Cooperation Act; which provides
authorization for any local government to contract with one or more local governments to perform
governmental functions and services under the terms of the Act; and
lnterlocal Cooperation Agreement
Sanger ISD page 1
NOW, THEREFORE, the City and the SISD, for the mutual consideration hereinafter stated, agree and
• - y . • i'i�liiii
I.
This Agreement becomes effective when signed by the last party whose signing makes this Agreement
fully executed. Execution of this Agreement has been fully authorized by the governing bodies of the
City and the SISD, and the persons signing below are the duly authorized officers of each entity to sign
the Agreement on behalf of such entity. This Agreement may be terminated at any time by either party
giving thirty (30) days advance notice in writing to the other party.
The SISD and the City hereby agree that the scope of the Project shall be as set out in Exhibit "A"
improvements on FM 455 and a new north/south road between McReynolds Road and FM 455 of
approximately 4,775 linear feet in length. Such road and improvements will be, upon completion and
acceptance by the City, public streets of the City of Sanger. Such intersection improvements and road
will be built in accordance with City specifications for public streets or the specifications of the Texas
Departmentof Transportation, whichever is applicable to the particular improvements. Before execution
of a contract of a contract for construction of the improvements, the plans and specifications will be
reviewed and approved by the City for compliance with such requirement.
11
City agrees to pay to SISD, from current funds available to the City, an amount not to exceed TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000), as the City's share for completion of
the Project. SISD will pay the balance of all costs incurred or necessary for completion of the Project.
The City's payment shall be made within fifteen (15) business days of receiving an invoice from the
SISD. The SISD shall not invoice the City until after July 1, 2002.
Interlocal Agreement
Sanger ISD page 2
N.
The SISD will oversee the construction of the Project; enter into a construction contract as on
competitive bids as required by law, cooperate with Texas Department of Transportation agents to assure
the Project is built and conforms to applicable Department and City specifications; and administer the
timely payment of labor and materials for the Project. The SISD shall acquire all the needed right-of-way,
retain the engineering services required, and obtain all necessary permits or clearances for the Project.
V.
SISD understands and agrees that the SISD, its employees, servants, agents, and representatives shall at
no time represent themselves to be employees, servants, agents and/or representatives of the City.
Sanger ISD page 3
VI.
time represent themselves w be employees, servants, agents and/or representatives of the SISD.
VII.
City agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all City
employees and agents, subcontractors, and/or contract laborers, and for those of all other persons doing
work under a contract or agreement with the City.
The SISD agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all SISD
employees and agents, subcontractors, and/or contract laborers, and for those of all other persons doing
work under a contract or agreement with the SISD.
Q
This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither
the City nor the SISD waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims made by third parties.
X.
This agreement represents the entire agreement between the City and the SISD and supersedes all prior
negotiations, representations and/or agreements, either written or oral. This agreement may be amended
oAy by written instrument signed by the governing bodies of both the City and the SISD or those
Ig
XI.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be
I pill
Interlocal Cooperation Agreement
Sanger ISD Page 4
In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the
parties hereto that the remaining portions shall remain valid and in full force and effect to the extent
possible.
he necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby
1tow in full force1 1 effect.
Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that the purpose of this
Agreement is to ensure that certain governmental functions and services in the area of streets, roads and
drainage are performed. The parties hereto further agree that each of them is authorized to perform the
functions and services individually.
XV.
This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither
the County nor the SISD waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against claims arising by third parties.
EXECUTED in duplicate originals this, the
1� 1
day of
2002.
CITY OF SANGER
Denton County, Texas
110 West Hickory
Denton, Texas 76201
By:
Jack Smith
City Manager
Acting on behalf of and
by authority of the
Sanger City Council,
Sanger, Texas.
ATTEST;
By:
Name:
Title:
SISD
Sanger Independent School District
P.O. Box 2399
601 Elm Street
Sanger, Texas 76266
By:
Jack Biggersta�
Superintendent of Schools
Acting on behalf of and by
the authority of the SISD .
ATTEST:
Name:
Title:
EXHIBIT
"PROJECT"
Construction of intersection improvements on FM 455 and a new north/south road between McReynolds
Road and FM 455 of approximately 4,775 linear feet in length.
05/29/2002 07:44 9404584180 CITY OF SANGER
Im 1 40 GtJtua 1 G . rr r m iv 1 Lr1VLn J HLKbVN V 1 LLW4 ybb mid To 19404584180
PAGE 03
P.02/03
XHOLS, JACKSOM DILLARD* HAGSR dt NMI M L.L.P.
Robert >L. Dlllgrd, iII
rdiilard@njdhs.com
Rose Chavez
City Secretary
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Dear Rose:
Ace meys & Counelon ai Law
1800 Lincoln Plaza
900 Noah Akaed
Daltm Thas 75201
(214) W6 9900
Fox (214) 965=0010
E mail NJDJiS6NJDH5.cem
May 2$9 2402
fg9ERTL al,��Rp, JR, (19t32000)
M tA1n3 NICHOLS
4tWRFJ40E We JACKSON
OP OOUIt8M
At your request, we have reviewed the Jnterlocal Cooperation Agreement between the
Sanger Independent School District and the City of Sanger with regard to construction of
intersection improvements on FM 455 and a new North/South Road between McReynolds Road
and FM 455.
An Agreement such as this is regulated by Chapter 791 of the Govottunent Code. That
Chaptez authorizes local governments to contract for provision of governmental functions and
services, including streets, roads and drainage.
I suggest that the last paragraph on the' first page be rewritten in part as follows;
"Whereas, the City and the SISD mutually desire to enter into this Agreement, subject to the
provisions of'V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, which
provides ..."
Section I should be rewritten to read: "This Agreement becomes effective when signed
by the last party wllosc signing -makes this -Agreement fully executed. --Execution -of this
Agreement has been fully authorized by the goveming bodies of the City and the SISD, and the
persons signing below are the duly authorized officers of each entity to sign the Agreement on
behalf of such entity. This Agreement may be terminated at any time by either party giving 30
days advance notice in writing to the other party."
Section II should be re -written to read: "The SISD and the City hereby agree that the
scope of the Project shall be as set out in Exhibit "A" attached hereto and made part hereof for
all purposes, and limited to the construction of intersection improvements on FM 455 and a new
North/South Road between McReynolds Road and FM 455 of approximately 4,775 linear feet in
length, Such road and improvements will be, upon completion and acceptance by the City,
public streets of the City of Sanger. Such intersection improvements and road will be built in
accordance with City specifications for public streets or the specifications of the Texas
05/29/2002 07944 9404584180 CITY OF SANGER
,,M , �u wW ca l G • vi l rm iV 1 LMVLS J HI,KbUN V 1 LLH4 yti5 0010 TO 194045841130
PAGE 04
P.03/03
Rose Chavez
Page 2
Department of Transportation, whichever is applicable to the particular improvemernsa Before
execution of a contract for construction of the improvements, the plans and specifications will be
reviewed and approved by the City for compliance with such requirement."
Section III should be re -written to read: ty agrees to pay to SISD, from current funds
available to the City, an amount not to exceed $200,000, as the City's share for completion of the
Project. SISD will pay the balance of all costs incurred or necessary for completion of the
Project. The City's payment shall be made within 15 business days of receiving an invoice from
the SISD. SISD shall not invoice the City until after July 1, 2002."
Section IV should be re -written to read: "The SISD wall oversee the construction of the
Project, enter into a construction contract based on competitive bids as required by law;
cooperate with the Texas Department of Transportation to assure that the Project is built and
conforms to applicable Department and City specifications; and, administer the timely payment
of labor and materials for the Project. The SISD shall acquire all needed rights -of --way in the
name of the City of Sanger, retain the engineering services required, and obtain all necessary
permits or clearances for the Project."
This q.grecment, as revised, should be placed oit; an upcoming City Council agenda for
consideration and approval. The City Council should assure itself that the funds are available for
the Project, that they are properly appropriated from budgeted funds on hand, and that the City
Manager is specifically authorized to carry out any and all further steps necessary to complete
the Project. It may be necessary, if the funds have not been specifically budgeted for this
Project, to amend the budget ordinance to move funds from Et reserve to a construction account
for this purpose.
Please let zne know if you have any other questions with regard to this transaction.
RLD/kg
NICkIOI,S, JACKSON, DILL,ARD,
LAGER 8t SMITI�, L.L.P.
By:
Robert L. Dillard,
III
NICHOLS, lACKSON, DILLARb, HAGER 8c SMTrii, t..L.P.
*� TO
TRL PgGE.03 **
May 30, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Item # 15
This is the lnterlocal Agreement with Denton County for Tax Collection Services. The agreement
is basically the same as previous agreements. Attached is the proposed agreement.
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT -TAX COLLECTION
THIS AGREEMENT is made and entered into this
day of
2002 by and between DENTON COUNTY, political subdivision of
the State of Texas, hereinafter referred to as "COUNTY," and "CITY OF SANGER", Denton
County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as
"MUNICIPALITY."
��'HEREE�S, COUNTY and MUNICIPALITY mutually desire to be subject to the
provisions of V.T.C.A. Govermnent code, Chapter 791, the Interlocal Cooperation Act, and
V.T.C.A., Tax Code, Section 6.24; and
WHEREAS, MUNICIPALITY has the authority to authorize the COUNTY to act as
tax assessor and collector for MUNICIPALITY and the COUNTY has the authority to so act;
NOW THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration
hereinafter stated, agree and understand as follows:
I.
The effective date of this agreement shall be the I" day of October 2002. The term of
this Agreement shall be for a period of one year, from October 1, 2002 to and through September
30, 2003. This agreement is subject to renewal for additional one (1) year terms at the discretion
of the Denton County Commissioners Court and the MUNICIPALITY, unless terminated by
written notice by the COUNTY or MUNICIPALITY to the other participating in this
agreement. Such written notice shall be given no later than one hundred fifty (150) days in
1
advance of the expiration date of the agreement, or no later than one hundred fifty (150) days in
advance of the termination date of any renewal agreement as provided herein.
II.
For the purposes and consideration herein stated and contemplated, COUNTY shall
provide the following necessary and appropriate services for IVIUNICIPALITY to the maximum
extent authorized by this agreement, without regard to race, sex, religion, color, age, disability or
national origin; to -wit:
1. COUNTY, by and through its duly elected tax assessor -collector, shall serve as tax
assessor -collector for MUNICIPALITY for ad valorem tax collection purposes for tax year
2002 and each tax year thereafter, as herein provided. COUNTY agrees to perform for
MUNICIPALITY all necessary duties hereby authorized, and 1!'IUNICIPALITY does hereby
expressly authorize COUNTY to do and perfornl all acts necessary and proper to assess and
collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest
and attorneys fees.
2. COUNTY agrees to prepare and mail all tax statements, provide monthly collection
reports to MUNICIPALITY, prepare tax certificates, develop and maintain both current and
delinquent tax rolls, meet the requirements of Section 26.04 of the Teas Tax Cole and develop
and maintain such other records and fornls as are necessary or required bylaw, State rules and/or
regulations.
COUNTY fiu-ther agrees that it will calculate the effective tax rates and rollback tax rates
for MUNICIPALITY and that such will be provided at no additional cost to MUNICIPALITY.
The information concerning the effective and rollback tax rates will be published in the form
prescribed by the Comptroller of Public Accounts of the State of Texas and as required by
U
Section 26.04 of V.T.C.A. Tax Code. It is understood and agreed by the parties hereto that the
expense of publication shall be borne by the MUNICIPALITY and that COUNTY shall
provide the MUNICIPALITY'S billing address to the newspaper publishing the effective and
rollback tax rates.
COUNTY agrees upon request to offer guidance and the necessary forms for posting
notices of required hearing and quarter page notices as required by Sections 26.05 and 26.06 of
V.T.C.A. Tax Code. Should MUNICIPALITY vote to increase its tax rate above the rollback
tax rate or more than tlu-ee percent (3%) above the effective tax rate, whichever is lower, the
required publication of quarter page notices shall be the responsibility of the MUNICIPALITY.
3. COUNTY will undertake and agrees to develop and maintain written policies and
procedures of. its operation, to make available to MUNICIPALITY full information about the
operation of the COUNTY Tax Office, and to promptly furnish written reports hereinafter
described to keep MUNICIPALITY informed of all financial information affecting it.
4. MUNICIPALITY agrees to pr�..nptly deliver to the r:: session and control of
COUNTY all records that it has accumulated and developed in assessment and collection of
taxes, and to cooperate in fitriishing or locating any other information and records needed by
COUNTY to perform its duties under the terms and conditions hereof
5. COUNTY agrees to allow an audit of the tax records of 1VIUNICIPALITY
during normal working hours with at least 48 hours advance written notice to COUNTY. The
expense of any and all such audit and/or audits shall be paid for solely by MUNICIPALITY. A
copy of any and all such audit and/or audits shall be fiirnished to COUNTY. --- -
6. If required by 11-IUNICIPALITY, COUNTY agrees to obtain a surety bond for the
3
County Tax Assessor/Collector, such bond to be conditioned on the faithful performance of
his/her lawful duties, payable to and in an amount determined by the governing body of the
MUNICIPALITY. The premium for any and ali such bonds as may be required by the
Ii1U;*1ICIPALITY shall be borne solely by iVTUNICIPALITY0
7. COUI�TTY agrees that it will place'/a page advertisements in newspapers
serving Denton County in January 2003 as a reminder that delinquent tax penalties will apply to
all assessed taxes which are not paid by January 31, 2003. The advertisements will be printed
thI ee times in each paper between January St" and January 25�". Delinquent tax statements
itemizing all taxes due per property account will be mailed in May per V.T.C.A., Tax Code,
Section 33.07. MUNICIPALITY will pay fifty-five cents ($.55) for each delinquent tax
statement, said statements to be mailed on or about May 1.
8. COUNTY agrees that it will fax or mail daily collection reports to
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest; provide monthly
Maintenance and Operation, hereinafter referred to as M & O, and Interest and Sinking,
hereinafter referred to as I & S, collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
9. MUNICIPALITY retains its right to select its own delinquent tax collection attorney
anA COUNTY agrees to reasonably cooperate with said attorney in the collection of delinquent
taxes and related activities.
COUNTY shall designate and does hereby designate the COUNTY Tax Assessor/ -
Collector to act on behalf of the COUNTY Tax Office, and to serve as Liaison for COUNTY
with and between COUNTY and lYIUNICIPALITY. County Tax Assessor/ Collector, and
�� U
his/her designated substitute, shall ensure the performance of all duties and obligations of
COUNTY as herein stated; shall devote sufficient time and attention to the execution of said
duties on behalf of COUNTY in full compliance with the terms and conditions of this
agreement; shall provide immediate and direct supervision of the COUNTY Tax Office
employee, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
MUNICIPALITY shall designate and does hereby designate
to act on behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY by and
between. COUNTY and the COUNTY Tax Office to ensure the performance of all duties and
obligations of MUNICIPALITY as herein stated; shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms
and conditions of this agreement; shall provide immediate and direct supervision of the
MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any, in the
furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of
MUNICIPALITY and COUNTY.
V.
COUNTY agrees to and accepts frill responsibility for the acts, negligence, and/or
omissions of all COUNTY employees and agents, sub -contractors and /or contract laborers, and
for those of other persons doing work under a contract or agreement with said COUNTY. - -
VI.
s
MUNICIPALITY agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all MUNICIPALITY employees and agents, sub -contractors and/or
contract laborers, and for those of all other persons doing work tinder a contract or agreement
with said MUNICIPALITY.
VII.
1VIUNICIPALITY understands and agrees that MUNICIPALITY, its employees,
servants, agents and representatives shall at no time represent themselves to be employees,
servants, agents and/or representatives of COUNTY. COUNTY understands and agrees that
COU1V'TY, its employees, servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents and/or representatives of MUNICIPALITY.
VIII.
COUNTY is a political subdivision of the State of Texas. The address of COUNTY is:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
MUNICIPALITY is a political subdivision of the State of Texas. The Address
of MUNICIPALITY is:
City of Sanger
P.O. Box 578
Sanger, Texas 76266
Telephone 940458-7930
Contact: Rose Chavez
IX.
For the services rendered during the 2002 tax year as hereinabove stated, - -
1tiIUNICIPALITY agrees to pay the COUNTY for the receipting, bookkeeping, issuing, and
mailing of tax statements as follow:
1. The current tax statements will be mailed on or before October 15. This
requirement will be deemed to have been met if the tax statement bears a postmark of not later
than October 18. The fee for this service will be fifty-five cents ($0.55) per statement. In the
event 1VIUINICIPALITY fails to set its tax rate in time for the statements to be mailed on or
before October 15, the fee for mailing the current tax statements will be one dollar and ten cents
(01.10) per statement. It is expressly agreed that the dates stated herein are contingent upon
NIUNiCIPALITY setting its tax rate in a timely manner or on or before September 30, 2002.
2. Reminder notices that delinquent tax penalties will apply to all assessed taxes
which are not paid by January 31, 2003 will be printed in newspapers serving Denton County.
There will be no additional fee for the January reminder notice.
3. A second notice tivill be sent during the month of March following the initial
mailing provided that MUNICIPALITY has requested same on or before February 28. The fee
for this service will be charged at the existing First Class letter rate set by the United States
Postal Service (currently 50.34 per statement).
4. At least 30 days, but no more than 60 days, prior to July 1, and following the
initial mailing, a statement meeting the requirements of Section 33.07 of the Texas Property Tax
Code will be mailed. The fee for this service will be fifty-five cents (5.55) pei= statement.
5. Only in the possible event of a successful rollback election taking place after tax bills
for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay the COUNTY a
programming charge of S 1,000 and an additional postage charge at the First Class letter rate
(currently $0.34) per statement in order to comply with Property Tax Code Section 26.07 (f) and
(g). Property Tax Code Section 26.07 requires refunds to be sent to those taxpayers who have
7
already paid and a corrected statement sent to those taxpayers who have not as yet paid their
taxes.
MUNICIPALITY understands and agrees that COUNTY will bill
MUNICIPALITY following each mailing for which charges are permitted as stated above for
services rendered. Payment is due upon receipt of the statement.
MUNICIPALITY further understands and agrees that COUNTY (at its sole
discretion) III increase or decrease the amounts charged to MUNICIPALITY for any
successive agreements between Iti`IUNICIPALITY and COUNTY for the services hereinabove
stated with written notice to MUNICIPALITY of any such increase or decrease in the fee for
said services, sixty (60) days prior to the expiration date of this agreement.
COUNTY agrees to remit and pay over to MUNICIPALITY by check all taxes,
penalties and interest collected on MUNICIPALITY'S behalf or to deposit same into such
depositories as selected by 1VIU1�,'ICIPALITY, as follotiv:
1. For deposits of tax, penalties and interest, the method of disbursement shall be
wire transfer or by check sent by mail to MUNICIPALITY'S accounts, segregated into proper
M & O and I & S accounts
2. In the event the 1\IUNICIPALITY uses the same depository as the COUNTY
the above stated transfers of funds shall be by deposit transfer.
3. In anticipation of renewal of this Agreement by the parties herein, COUNTY
fiuher agrees that from April 1, 2003 through October 15, 2003 deposits will be made weekly
and from October 16, 2002 through March 31, 2003, deposits will be made daily. For purposes
of end of month reporting, there will be a deposit made at the end of each month of the year. It is
expressly understood, however, that this obligation of COUNTY shall not survive termination of
this Agreement, whether by termination by either party or by failure of the parties to renew this
Agreement.
XI.
In the event of notice of termination, a withdrawing party shall be obligated to pay such
payments as are required by this agreement through the entire balance of the tax year in which
notice is given and COUlV`TY shall be obligated to provide services pursuant to this agreement,
as hereinabove set forth, during such period.
XII.
This agreement represents the entire agreement between MUNICIPALITY and COUNTY and
supersedes all prior negotiations, representations and/or agreements, either written or oral. This
agreement maybe amended only by written instrument signed by the governing bodies of both
MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing
bodies.
XIV.
The validity of this agreement and of any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this
agreement shall be performable and all compensation payable in DENTON COUNTY, TEXAS.
XV.
In the event that any portion of this agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in frill force and
effect to the extent possible.
XVI.
9
The undersigned officer and/or agent of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in frill force and effect.
Executed in duplicate originals this, the
2002.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas 76201
BY:
Honorable Scott Armey
Denton County Judge
Acting on behalf of and by the
Authority of the Commissioners Court
of Denton County, Texas.
ATTEST:
BY:
C}mthia Mitchell
Denton County Clerk
APPROVED AS TO FORM AND CONTENT:
day of
MUNICIPALITY
City of Sanger
P. O. Box 578
Sanger, Texas 76266
Title:
Acting on behalf of and by the
authority of MUNICIPALITY.
ATTEST:
BY:
Name
Title
Steve Nlossman
Denton County Tax Assessor/Collector
00cl79
10
APPROVED AS TO r iNIVt:
Assistant District Attorney
11
May 31, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Item #16
This is the lnterlocal Agreement with Denton County for the City to have jurisdiction in the E.T.J.
Attached is the proposed agreement.
INERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT ("ICA") is entered
into and in accordance with the provisions of the Interlocal Cooperation Act,
Chapter 791, Texas Government Code, and Texas Local Government Code
J242.001, as amended by House Bill 1445. ("H.B. 1445"), enacted by the Texas
Legislature during its 77th Legislative Session and effective September 1, 2001,
by and between the City of Sanger, Texas ("City"), a political subdivision of the
State of Texas, and Denton County, Texas, ("County"), also a political
subdivision of the State of Texas.
Recitals
WHEREAS, prior to the enactment of H.B. 1445, Texas Local Government
Code §242.001 authorized the City and the County to exercise concurrent
jurisdiction over the platting process required upon the subdivision of land
within the City's Extraterritorial Jurisdiction ("ETJ") located within the County;
and
WHEREAS, H.B. 1445 amends Texas Local Government Code �242.001 to
require that the City and County agree to a means whereby only one
governmental agency will have jurisdiction to oversee and regulate the platting
processes and related permits within a municipality's ETJ; and
WHEREAS, the Interlocal Cooperation Act allows local governments to
contract with one another to perform governmental functions such as platting
and approval of related permits; and
WHEREAS, City and County mutually desire to be subject to the
provisions of the Texas Government Code, Chapter 791, the Interlocal
Cooperation Act, specifically § 791.011 regarding contracts to perform
governmental functions and services; and
WHEREAS, H.B. 1445 requires City and County to enter into a written
agreement that identifies the governmental entity authorized to regulate
subdivision plats and approve related permits in the extraterritorial jurisdiction
("ETJ") of City; and
WHEREAS, both City and County desire that City be granted such
exclusive jurisdiction to regulate subdivision plats and approve related permits
in City's ET7 under Subchapter A of Chapter 212 of the Texas Local Government
Code and other statutes applicable to municipalities, all of which is provided for
in the Interlocal Cooperation Act and H.B.1445.
NOW, THEREFORE, the City and County, for the mutual consideration
stated herein, agree and understand as follows:
Agreements
1. City Granted Exclusive Jurisdiction. City shall be granted exclusive
jurisdiction to regulate all subdivision plats and approve all related permits in
City's ETJ and may regulate subdivisions under Subchapter A of Chapter 212 of
the Texas Local Government Code and other statutes applicable to
municipalities, and County shall no longer exercise any of these functions in
My's ETj. The City is not granted jurisdiction to enforce Texas Health & Safety
Code 366 and on -site sewage facilities under Texas Administrative Code
("TAC") Chapter 285 unless the City is an authorized agent of the Texas Natural
Resource and Conservation Commission under TAC §285.10. The jurisdiction to
approve and regulate culvert and development permits shall remain within the
jurisdiction of the County.
2. ETJ Defined. For the purposes of this agreement, the City's ETj is
described by the area indicated on Exhibit A, attached hereto and made part
hereof by this reference. The recognition of the ETJ shall not be deemed an
admission by the City or the County in any dispute with any other person or
municipality regarding the boundaries of the City's ETj.
3. ETj Expansion or Reduction. Should City expand or reduce its ETj, City
shall notify the County of such expansion or reduction within thirty (30) days by
sending a copy of the applicable ordinance. Upon receipt of the ordinance, the
County will revise the City's ETJ on its GIS system, revise Exhibit A, submit the
revised Exhibit A to the Commissioners Court for approval and, after approved,
forward a copy to the City. Receipt by the City of the revised Exhibit A from the
County shall be deemed an amendment to this ICA by the parties pursuant to
Texas Local Government Code §242.001(c). The date the City receives Exhibit A
shall be the "Date of Amendment" for the purposes of this ICA. In the event that
City's ETj should expand or reduce such that the expansion or reduction of ETJ
necessitates the amendment of this Agreement, both City and County agree that
City shall continue to be granted exclusive jurisdiction to regulate subdivision
plats and approve related permits in its ETj, and to regulate subdivisions under
Subchapter A of Chapter 212 of the Texas Local Government Code and other
statutes applicable to municipalities, until this Agreement is amended to take
into account such ETJ expansion or reduction.
4. Notice of Approved Plats. The City shall notify the County of the
approval of a plat. A copy of the approved plat and any engineering plans shall
be sent to the Denton County Planning Department, 306 N. Loop 288, Suite 115,
Denton, Texas 76209. The copies of approved plats shall be sent to the County
within thirty (30) days of the City's approval. If available to the City, the
approved plat and engineering plans may be sent on floppy disks or CD-rom in
a format compatible with the County's GIS system, compatible formats being
dwg, Axf, or shp. in a stateplane NAD83. After notice of approval is given, the
County shall assign addresses to each lot within an approved subdivision.
5. Plats Affected. The plats which will be subject to this ICA are those that
will be filed after the Effective Date, as defined herein, of this ICA. If the ETJ is
expanded or reduced, plats must be filed with the party who has jurisdiction
after the Date of Amendment. The party receiving an application for a plat
approval for which the party has no jurisdiction may either direct the developer
to the appropriate office or forward the application. Any rights accruing to a
person under Texas Local Government Code Chapter 245 shall not be affected.
6. Collection of Fees and Costs. All costs involved with the approval of
subdivision plats, including but not limited to engineering reviews, inspections
of public improvements, under this ICA shall be borne by the City and payable
out of current revenues available to it. All fees collected by the City shall be
retained by the City.
7. Effective Date. The Effective Date shall be the date upon which both
parties have approved and fully executed this R.A.
8. Applicable Regulations. The subdivision rules and regulations currently
enacted by the City and extended to the ETJ are hereby established as the set of
regulations to be enforced by the City in the ETJ. The only exception to this
provision shall be instances where the subdivision rules and regulations of the
County provide a more stringent standard, in which case, the more stringent
standard shall apply. Any amendments to either party's subdivision rules and
regulations shall be sent to the other party pursuant to Section 9(e) below.
9. Miscellaneous Provisions.
(a) This Agreement expresses the entire agreement between the parties
hereto regarding the subject matter contained herein and may not be modified or
amended except by written agreement duty executed by both parties.
(b) This Agreement has been duly and properly approved by each
party's governing body and constitutes a binding obligation on each party.
(c) This Agreement shall be construed in accordance with the laws of
the State of Texas and venue for all purposes hereunder shall be in Denton
County, Texas.
(d) If any provision hereof is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully
severable here from and this Agreement shall be construed and enforced as if
such invalid, illegal or unenforceable provision never comprised a part hereof;
and the remaining provisions shall continue in full force and effect.
(e) All notices required to be given by virtue of this ICA shall be
addressed as follows and delivered by certified mail, postage prepaid or by hand
delivery:
City: Jack Smith, City Manager
201 Bolivar Street
P.O. Box 1729
Sanger, Texas 76266
Copy to:
Robert L. Dillard III
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
County:
Denton County Judge
110 West Hickory
Denton, Texas 76201
t+itC3J
Copy to:
Denton County Planning Department
306 N. Loop 288, Suite 115,
Denton, Texas 76209
and
Denton County Criminal District Attorney
Civil Division
P.O. Box 2850
Denton, Texas 76202
(f) This ICA is not intended to extend the liability of the parties
beyond that provided by law. Neither the City nor the County waives any
immunity or defense that would otherwise be available to it against claims by
third parties.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF BANGER,
TEXAS, in its meeting held on the day of 2002, and
executed by its authorized representative.
CITY OF SANGER, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED BY THE COMMISSIONERS COURT FOR DENTON
COUNTY, TEXAS, in its meeting held on the day of
2002, and executed by its authorized representative.
ATTEST:
County Clerk
APPROVED AS TO FORM:
Assistant District Attorney
DENTON COUNTY, TEXAS
By:
Scott Armey, County Judge
>C8'�
G
May 31, 2002
To: Honorable Mayor and City Council
Fr: Rosalie Chavez, City Secretary/Assistant City Manager
Re: Item # 17
There is a small portion of Rising Star Lane (part of the road) that was not included in the
annexations when we took in that area. The City Engineer has drawn up the metes and bounds so
that we can take it in. This is the first step of the annexation procedure.
RESOLUTION 06-09-02
A RESOLUTION SETTING THE DATE, TIME AND PLACE ON PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGER, AND
AUTHORIZINGAND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC
HEARINGS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COtJNCIL 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 April 1, 2002 and April 15, 2002 considering annexation
into the City limits of the following described property:
The front portion of Rising Star Lane (Street), Being 0.646 acres situated in the Henry
Tierwester Survey.
PASSED AND APPROVED this 3rd day of June, 2002.
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary