10/01/2001-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
1.
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3.
MONDAY, OCTOBER 1, 2001
7:00 P.M.
201 BOLIVAR
Call Meeting to Order, Invocation, Pledge of Allegiance.
a) Approve Minutes:
b) Disbursements
Citizen's Input.
CONSENT AGENDA
September 17, Z001
September 24, 2001 -Special called
4. Consider and Possible Action on Presentation from I.E.S.I. Regarding a Possible
Change to Front Loading Dumpsters from the Current Side Loading Dumpsters.
5. Consider and Possible Action on Budget Amendments for 2000/2001 FY End.
6. Consider and Possible Action on Ordinance #10-25-01 -Annexing the following
Properties:
ABSTRACT 1241, H. TIERWESTER SURVEY, TRACT 57A, BEING 1.86 ACRES
SITUATED ON THE NORTH SIDE OF FM 455. (Acct. #R184931)
ABSTRACT 1241, H. TIERWESTER SURVEY, TRACT 40, BEING 49.2 ACRES
SITUATED ON THE SOUTH SIDE OF BELZ RD.
7. Consider and Possible Action on Ordinance #10-26-01 -Amending the Ordinance
Regarding Movement of Used Buildings into the City Limits.
8. Consider and Possible Action to Solicit Bids for Completion of Railroad Park.
9. Consider and Possible Action of Approval of 4A (Sanger, Texas Industrial Development
Corporation and 4B (Sanger, Texas Development Corporation) FY 2000-01 Budget.
10.
Any Other Such Matters.
Adjourn.
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Date &Time Posted
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This facility is wheelchair accessi���"�'���'accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please
contact the City Secretary's office at (940) 458-7930 for further information.
MINUTES: CITY COUNCIL
SEPTEMBER 17, 2001
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig
Waggoner
OTHERS
PRESENT: City Manger Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater,
Water/Wastewater Superintendent Eddie Branham, Streets/Parks Supervisor
John Henderson, Fire Chief David Pennington, Police Chief Curtis Amyx,
Vehicle Mechanic Tommy Belcher, Code Enforcement Officer Ken Wilson, Jay
Parr, Doris Garner, Robert Garner, C.G. McNeill, Jeff McNeill, Nel Armstrong,
Danny Spindle, John Kirby, Jimmy Kirby, John Henderson, Grace Garza
4.
Mayor called meeting to order, followed by the Pledge of Allegiance and the Invocation.
a) Approve Minutes:
b) Disbursements
CONSENT AGENDA
September 4, 2001
Councilman Garza moved to approve the Consent Agenda, Councilman Evans
seconded. Motion carried unanimously.
Citizen's Input.
Jay Parr, indicated he had an emergency at his house last Saturday, his wife stopped
breathing, the Sanger Ambulance and iire crew came out and he wanted to thank them
for everything they did.
Mayor moved to Item #19 and indicated there was some question regarding legality of
being in the mobile home park, the attorneys have assured them they are okay. He is
removing this from the agenda.
Consider and Possible Action for Application for Engineering Grant, Presented by the
Sanger Area Historical Society.
Nel Armstrong, 216 Diane Dr., President of Sanger Area Historical Society, indicated
she wanted a letter of permission to apply for a grant to pay for an Engineer and an
Architect to look at the old church building to see what needs to be done, it is a
matching funds grant, however they do have the funds to match the grant. The Texas
Historical Group has been very cooperative, and they want to see the building reserved.
The City will have to give the Historical Society a letter to proceed because the City
owns the building. She reiterated that they are not asking for money, only asking for
a letter of support.
Councilman Higgs moved to write a letter for the Historical Society to obtain a grant
from the National Trust for Preservation. Jimmy Evans seconded, Motion carried
unanimously. (Councilman Ervin Absent during this motion.)
5. Conduct Public Hearing Regarding a Zoning Request Change from B1(Business 1) to
SF7G (Single Family 7G)on property legally described as Original Town, Block 77, Lot
41L Property is located at the corner of Plum and Fourth Streets,
Public Hearing opened.
No Discussion.
Public Hearing closed.
6. Consider and Possible Action Regarding a Zoning Request Change from Bl (Business
1) to SF7G (Single Family 7G)on property legally described as Original Town, Block
77, Lot 4R. Property is located at the corner of Plum and Fourth Streets.
Councilman Evans moved to approve the request, Councilman Higgs seconded. Motion
carried unanimously. (Councilman Ervin Absent during this motion.)
7. Conduct Public Hearing Regarding a Replat on property legally described as Original
Town, IOCK 77, Lot 3 & 4. Property is located at the corner of Plum and Fourth
Streets,
Public Hearing open.
Brief Discussion.
Public Hearing closed.
8. Consider and Possible Action Regarding a Replat on property legally described as
Original Town, Block 77, Lot 3 & 4. Property is located at the corner of Plum and
Fourth Streets,
Councilman Evans moved to approve the plat, Councilman Higgs seconded. Motion
carried unanimously. (Councilman Ervin Absent during this motion.)
9. Consider and Possible Action on Change Order Request on the Sanger Lois Road
Water Well Project.
City Manager indicated they were boring a larger area hole so they can get more water
u�;00
out of the well.
Discussion regarding the progress of the well.
City Manager indicated the change order is to increase the size of the screens from a
10" to a 16".
Mayor indicated they need to decide where the funds would come from.
City Secretary indicated this was a loan, and it would not cover this change.
Councilman Garza asked if this change order was unexpected or how did this happen
since they had bid a certain price.
City Secretary indicated it was not expected,
Eddie Branham indicated they didn't know this would happen until they drilled. This
needs to be done in order to get the volume needed.
Councilman Higgs asked how much was completed.
City Manager indicated the casing is already set.
Eddie indicated he was waiting for the pump set.
Discussion.
Discussed status of the well, and what the penalty is if its not completed in time.
City Secretary indicated it was 5%, or $9849.00.
Mayor indicated there has been discussion about invoking the penalty clause, but it has
never been done. He would like to see the clause invoked this time.
Mayor indicated the work it has been done already, so they don't have a choice but to
approve it.
Discussed progress, Eddie indicated they have not been working on it.
Councilman Garza asked how much the contractor has been paid.
City Secretary indicated about $84,000.00.
Mayor asked if it could be added to the existing note a t the bank.
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City Secretary indicated she felt it could be if necessary but first would look to see what
was left at the end of this budget year.
Councilman Garza indicated he did not understand why this was done before the City
Council had approved it, and apparently the City Manager had signed the change
order.
City Manger indicated the bid was for 10" and they put16".
Eddie Branham indicated he would try to find out and excused himself to call the City
Engineer for an answer.
Mayor moved to #10.
10. Conduct Public Hearing on Tax Increase; Schedule and Announce Meeting to Adopt
Tax Rate,
Public Hearing opened.
Council discussed if the ad was published and if there was any feed back.
City Secretary indicated she had not heard any comments from citizens.
Public Hearing closed.
11. Conduct Public Hearing on Proposed Budget for Fiscal Year 2001/2002.
Public Hearing opened.
No Discussion.
Public Hearing closed.
12. Consider and Possible Action on Appointment to the Library Board.
Councilman Ervin moved to appoint Alice Madden to the Library Board, Councilman
Evans seconded. Motion carried unanimously. (Councilman Ervin Absent during this
motion.)
13. Consider and Possible Action on Ordinance #09-20-01 - Adopting a New Personnel
Policy for the City of Sanger.
City Secretary indicated this has been in the works for a while. The City Attorney has
reviewed it and approved it. She indicated there was a section added referencing
complaints and appeals.
Councilman Ervin indicated he did not receive the personnel policy.
Item tabled for further review.
Mayor moved back to #9.
9. Eddie indicated after visiting with Mark Hill, the City Engineer, on the phone, that the
Engineer made the determination that it needed to be bigger.
Councilman Waggoner indicated he felt they needed to make sure the contractor was
going to finish the job. He felt that a bid is a bid, and the City should not be responsible
for the difference.
Councilman Garza indicated he showed the City Manager approved it a month ago.
City Manager indicated that was his signature, and he did approve it.
Councilman Garza indicated this should have been brought before the City Council
before it was approved by the City Manager last month.
Discussion.
Councilman Waggoner asked why this was on the agenda if it had already been
approved.
Councilman Evans indicated it was for staff to get direction as to where to get the
funds.
Councilman Evans moved to allow City Secretary to get the funds anywhere she can
oI from the bank and to not pay it until it's complete. Councilman Waggoner seconded.
Motion carried 4 to 1. Councilman Ervin voted no.
14. Consider and Possible Action on Rental of the Chambers' Building.
Mayor indicated this was a request to rent the building on a monthly basis for $350 /
month.
Councilman Evans moved to rent the building for $350.00 a month to Jeff Duncan.
Councilman Waggoner seconded.
Councilman Ervin indicated he would like to see the building cleaned up and painted.
Vickie Elieson indicated that Jeff Duncan indicated he would clean up the building.
Motion carried unanimously.
15. Consider and Possible Action on Ordinance #09-21-01- Amending the Metal Building
Ordinance,
Ken Wilson, Code Enforcement Officer/Building Inspector, indicated he wanted to take
out the other masonry materials. The Hardy Board is masonry but they did not want
to allow that.
City Secretary indicated also they made it clear that all sides visible from the
designated street will need to be bricked or comply with the ordinance.
Discussion regarding Ronnie Beard`s building.
Councilman Evans moved to adopt Ordinance 09-21-01, Councilman Waggoner
seconded. Motion carried unanimously.
16. Consider and Possible Action on Ordinance #09-22-01 -Amending the Building and
Construction Fees, Inspection Fees, Plumbing Permit Fees for Sprinkler Systems, and
adding a Permit for Replacement of Water and Sewer Lines, Driveways, or Existing
Structures,
City Secretary indicated they always had the reinspection and some of the other fees
at $15.00; however, they were not being utilized.
Ken Wilson indicated last week he was called out for a gas inspection at 5:00 P.M., he
had to dig up the line and inspect it. The sewer people had to look at, John had to look
at it and there were no fees charged. The sprinkler system permit was raised to
$25.00. Also a fence permit was added, because they need to be inspected to make sure
they are not in the easements.
Councilman Evans moved to adopt Ordinance 09-22-01, Councilman Higgs seconded.
Motion carried unanimously.
17. Consider and Possible Action on Retention of Two Municipal Judges for Fiscal Year
2001/2002.
City Manager indicated he wrote Judge Spindle a letter. Mr. Spindle came in and
reminded him that the Judge is not under the City Manager but under the City Council.
He indicated he had received some complaints from the Police Department, and also
had comments about people calling the judge at home, and Judge Spindle would make
the decision and call it in to the court.
Councilman Garza asked if the problem was discussed with the Judge.
City Manager indicated there was a dismissal that had been done and at that time he
spoke with Danny regarding the situation and dismissal of other cases. He felt it was
putting an unfair burden on him when he is making the decisions and being called at
home.
Councilman Evans indicated he had a problem with this. He felt that when the Police
Officer wrote a ticket his job was done, and when the attorney loses the case he should
walk away. He felt they should allow him to serve out his term and see what happens.
Danny Spindle, Municipal Judge, indicated he was not sure where all this was coming
from. There is a difference between a dismissal or being found not guilty. He indicated
that with any case that comes before him the burden of proof is on the State. He
indicated there were guidelines to be followed, and the burden of proof was on the state,
and if all the elements are not met, then they are found not guilty. He indicated that if
someone felt that he was finding too many people not guilty, then he was sorry, but he
did not feel that was the case. You are innocent until proven guilty, if the state does not
prove it, he will not find the person guilty.
He indicated he had been honored to serve as the Judge, and felt he had done a good
job.
Councilman Waggoner asked if there were some instances when people called him at
home, or contacted him in a place other than a courtroom.
Mr. Spindle indicated some times he is approached about a ticket and asked what they
can do, and he will tell them to go to the court and he will give them their options. He
does not give legal advice, but gives them their options.
Councilman Waggoner asked wouldn't be easiest for him to just tell people to call the
court.
Mr. Spindle indicated that would be easy, and agreed to do it.
Councilman Evans asked if Mr. Spindle should have received copies of the information
in the packet regarding this.
City Secretary indicated he could request it.
Mr. Spindle indicated he did request a copy of the letter; however, he never received
it.
Discussion regarding court procedures.
Councilman Ervin asked Mr. Spindle if he considered sidewalks to be a public place.
Mr. Spindle indicated he did; however, the ownership of the sidewalk was not
addressed.
Councilman Higgs asked what the other Judge was hired for.
City Secretary indicated she thought he was hired to handle the adult court, and Mr.
Spindle was going to be moved to the Juvenile court.
Councilman Evans indicated there was something brought up about the salaries.
Discussion regarding the position and responsibility of each judge.
Councilman Evans indicated they voted to hire the other judge to help Mr. Spindle not
to get rid of him.
Mr. Spindle indicated the reason the fines have increased is because the officers are
out writing more tickets and the court clerk stays on top of everything.
Councilman Evans moved to leave Mr. Spindle where he's at. Councilman Higgs
seconded.
Councilman Waggoner asked if he could be directed to have the people call the court
instead of him.
Motion carried unanimously, Councilman Ervin abstained.
18. Consider and Possible Action on Interlocal Agreement with the City of Denton for
Ambulance Services,
Councilman Higgs moved to approve the Interlocal Agreement for Ambulance Services.
Councilman Higgs seconded.
Councilman Ervin indicated he thought the population was over 5,000.
City Secretary indicated the official census was lower, and this is based on that.
Motion carried unanimously.
20. Consider and Possible Action on Nominees to the Denton Central Appraisal District
Board of Directors.
Discussion regarding possible nominations.
Council decided to nominate J.B. Haider, Shirley Haider, and Fred Yeatts.
Councilman Ervin moved, Councilman Waggoner seconded. Motion carried
unanimously.
21. Any Other Such Matters.
a) Councilman Higgs asked if there was anything on the updated City limits yet.
City Manager indicated he should have it by the end of the month.
b) City Manager indicated Mr. Hebard wanted to know if the City would consider
leasing a part of the landfill to him for a batch plant. He will be putting in a lot of
streets, and this would save him some money.
Discussion regarding existing batch plant.
c) Councilman Ervin asked about driveway repairs on Hillcrest, is the city responsible
for approaches.
Ken Wilson indicated there were 5 new driveways on Hillcrest, and the city did not pay
for them.
Councilman Evans asked when the curb is broken who repairs it.
Ken Wilson indicated the home owner should pay for it unless the City did the damage.
Discussion regarding whose responsibility the repairs will be.
John Henderson indicated he was not sure of the proper procedure, he has called other
cities to see now it they do it.
d) Councilman Ervin asked how they could get stripes put on the street on Bolivar so
people will know now to park, and now can we get the street sweeper back in.
e) Doris Garner asked when the City comes to fix a leak in the street, how long does it
take for them to come back to fix the street.
John Henderson indicated it depends, and expressed that he is shorthanded, but a work
order will be put in and he will try to get to it as soon as he can.
22. Meeting Adjourned.
MIlVUTES: CITY COUNCH.
SEPTEMBER 24, 2001
PRESENT: Mayor Tommy Kincaid, Councilman Craig Waggoner, Councilman Jimmy
Evans, Councilman Joe Higgs, Councilman Andy Garza, Councilman Glenn
Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose
Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz
1. Mayor called meeting to order
2. Consider and Possible Action Regarding Ordinance #09-23-01-Adopting the
Budget for FY 2000/20010
Councilman Jimmy Evans moved to approve Ordinance #09-23-01. Councilman
Waggoner seconded. Motion carried unanimously.
3. Consider and Possible Regarding Ordinance #09-24-01-Adopting Tax Rate.
Councilman Evans moved to adopt Ordinance #09-24-01. Councilman Higgs
seconded. Motion carried unanimously.
4. Meeting Adjourned.
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September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #4
Chris Henderson form I.E.S.I. will be at the meeting to address this item.. He has indicated they
would like to change the dumpsters on our commercial accounts from side loading dumpsters to
front loading dumpsters. This will allow some of the businesses to go from two smaller dumpsters
to one large dumpsters. He has indicated this will not cause any change in the current rates,
September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #5
Attached are the memos from the Department heads regarding these budget amendments, the
summary is as follows:
$185000.00 from 50-6020
$1,200.00 from 58-5450
$700400 from 42-6040
to 52-5420 For the Holt Street Project
to 58-5390 For Purchase of additional radio
to 42-5310 Internet wiring and Air Condition repair
r,
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Memorandum
To: Rose Chavez
CC: lack Smith
From: Eddie Branham
Re: Budget Transfer
Budget transfer: $]8,000.00 from Account 50-6020 to Account 52-5420 for the Holt Street Project.
Eddie Branham
x
MEMO
wo Rose Chavez, City Secretary
FROM: Mike Prater, Electric Superintendent
DATE: June 8, 2001
SUBJECT: Budget Line Item Amendment
I am requesting that $1200.00 be moved from 58-5450 (Economic Development)
into 58-5390 (Radios). We had to purchase an additional radio and may need
extra funds to cover repairs and/or batteries. This amount is needed so that we
will not go over budget in this line item.
If you have any questions, please contact me.
MEMO
wo Rose Chavez, City Secretary
FROM: Mike Prater, Electric Superintendent
DATE: June 8, 2001
SUBJECT: Budget Line Item Amendment
I am requesting that $1200.00 be moved from 58-5450 (Economic Development)
into 58-5390 (Radios). We had to purchase an additional radio and may need
extra funds to cover repairs and/or batteries. This amount is needed so that we
will not go over budget in this line item.
If you have any questions, please contact me.
To: Rose Chavez
From: Vicky Elieson
Date: 7/24/01
Re: Budget adjustments
I request that $700 be transferred from 42-6040 Furniture &Fixtures to 42-5310 R&M Building.
The money budgeted for Furniture &Fixtures was intended to provide a computer and networking for
the Internet connection to the school's TA line. I got a grant to do that instead. However preparing the
building for the Internet wiring took $500 out of my R&M budget. So $500 of this transfer is to adjust
my R&M budget so that the special project doesn't come out of my regular maintenance allotment. The
other $200 is just because I need more work on my air conditioning. I hope this will cover it.
1
September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #6
Attached is the ordinance annexing these properties. This is a voluntary annexation on both
properties. These are the Brazos substation and the Porter Property North of it, and South of Belz
Road.
City of Sanger, Texas
ORDINANCE NO. 10-25-01
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE
CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO
AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY
LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS
OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS
AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND
ORDINANCES OF SAID CITY.
WIIEREAS, 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 the City are hereby extended to include said territory within the city
limits, and the same shall hereafter be included within the territorial limits of said city, and
said land and the future inhabitants thereof shall hereafter be entitled to all rights and
privileges of other citizens of the City and shall be bound by the acts and ordinances of said
City.
All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241,
Denton County, Texas and being a part of the called 61.598 acre tract described in the deed
from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc.
recorded in Volume 1092, Page 991 of the Deed Records of Denton County, Texas, the subject
tract being more particularly described as follows:
BEGINNING for the Southwest corner of the tract being described herein. At a'/Z inch iron
rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07
Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet
West of a wire fence,
THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/Z inch
iron rod set for the Northwest corner of the herein described tract;
THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at
5.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a'/: inch iron rod
set for the Northeast corner of the herein described tract;
THENCE South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/2 inch
iron rod set for the Southeast corner of the herein described tract,
THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a
distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land; and
All that certain lot, tract or parcel of land situated in the Henry Tierwester Survey, Abstract
1241, Denton County, Texas, being all of a certain (called) 40.00 acre tract described in a deed
from J.C. Holland, et ux, to W.C. Moore on the 5' day of October,1926, recorded in Vol. 207,
Page 237, Deed Records of said County, and the North 10 acres of a 72.74 acre tract conveyed
by J.C. Holland, et ux, to Major L. Moore, by deed dated August 24, 1926, recorded in Vol.
207, Page 240, Deed Records of Denton County, Texas, and being more fully described as
follows:
BEGINNING at the Northwest corner of said 40 acre tract at a point in a public road;
THENCE North 89 deg. 50' S0" East in said road a distance of 1394.40 feet to the feet to the
Northeast corner of said tract;
THENCE South 0 deg. 30' S6" East near allorth-South fence a distance of i561.92 feet to a
stUVl pin;
THENCE South 89 deg. 50' S0" West a distance of 1394.40 feet, a corner in the West line of
said 72.74 acre tract;
THENCE North 0 deg. 30' 56" West with said fence at 312.40 feet the Southwest corner of
said 40 acre tract a distance of 1561.92 feet to the Northwest corner of said tract in a public
road, and containing 50 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.
Section 3: The City Secretary is hereby directed to file with the County Clerk and other
appropriate officials and agencies, as required by estate and federal law and city annexation
procedures, certified copies of this ordinance.
t;;
PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger,
this 1st day of October, 2001.
APPROVED:
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
VG'rfr:�`k
i.
EXHIBIT ��A"
City of Sanger, Texas
ANNEXATION SERVICE PLAN
All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241,
Denton County, Texas and being a part of the called 61.598 acre tract described in the deed
from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc.
recorded in Volume 1092, Page 991 of the Deed Records of Denton County, Texas, the subject
tract being more particularly described as follows:
BEGINNING for the Southwest corner of the tract being described herein. At a'/2 inch iron
rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07
Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet
West of a wire fence,
THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/z inch
iron rod set for the Northwest corner of the herein described tract;
THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at
6.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a'/2 inch iron rod
set for the Northeast corner of the herein described tract,
THENCE South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/Z inch
iron rod set for the Southeast corner of the herein described tract;
THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a
distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land; and
All that certain lot, tract or parcel of land situated in the Henry Tierwester Survey, Abstract
1241, Denton County, Texas, being all of a certain (called) 40.00 acre tract described in a deed
from J.C. Holland, et ux, to W.C. Moore on the 5t' day of October,1926, recorded in Vol. 207,
Page 237, Deed Records of said County, and the North 10 acres of a 72.74 acre tract conveyed
by J.C. Holland, et ux, to Major L. Moore, by deed dated August 24,1926, recorded in Vol.
207, Page 240, Deed Records of Denton County, Texas, and being more fully described as
follows:
BEGINNING at the Northwest corner of said 40 acre tract at a point in a public road;
THENCE North 89 deg. 50' 50" East in said road a distance of 1394.40 feet to the feet to the
Northeast corner of said tract;
THENCE South 0 deg. 30' 56" East near allorth-South fence a distance of 1561.92 feet to a
steel pin;
THENCE South $9 deg. 50' 50" West a distance of 1394.40 feet, a corner in the West line of
said 72.74 acre tract;
THENCE North 0 deg. 30' 56" West with said fence at 312.40 feet the Southwest corner of
said 40 acre tract a distance of 1561.92 feet to the Northwest corner of said tract in a public
road, and containing 50 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.
Section 3: The City Secretary is hereby directed to TV 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.
INTRODUCTION
This service plan has been prepared in accordance with V.T.C.A., Local Government Code,
Section 43.033 and 43.056. Municipal facilities and services to the annexed area described
above will be provided or made available on behalf of the city at the following levels and in
accordance with following schedules:
POLICE PROTECTION
Patrolling, responses to calls, and other police services will be provided within ten (10) days
after the effective date of the annexation at the same level as provided throughout the city.
FIRE PROTECTION AND 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 same level as provided throughout the city.
MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT
WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY
Maintenance of water and wastewater facilities that are not within the service area of another
water or wastewater utility will be continued to be maintained immediately after the effective
date of the annexation on the same basis and the same level as provided throughout the city.
MAINTENANCE OF ROADS AND STREETS AND DRAINAGE
Maintenance of roads and streets and drainage will be provided within (60) days after the
effective date of the annexation on the same basis and at the same level as provided throughout
the City.
STREET LIGHTING
Street lighting will be made available within sixty (60) days after the effective date of the
annexation on the same basis and at the same level as provided throughout the City.
Page 3
MAINTENANCE OF CITY PARK AND RECREATION FACII..ITIES
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.
Construction of water, sewer, street, and drainage facilities will begin within two (2) years
after submissions of written request by landowners and payment of any development fees and
construction costs required by the city in accordance with subdivision regulations and water
and sewer extension policies. Construction will be completed within four and one half (4=1/2)
years after request unless the construction process is interrupted by circumstances beyond the
control of the city. No impact fees will be charged to any developer or landowner within the
annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395.
Construction of other capital improvements shall be considered by the city in the future as the
needs dictate on the same basis as such capital improvements are considered throughout the
city.
UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the city to provide a uniform level of full municipal services
to each area of the city, included the annexed area, if different characteristics of topography,
land use, and population density are considered a sufficient basis for providing different level
A service.
This service plan shall be valid for a term of ten (10) years unless the majority of landowners
or registered voters of the area vote by petition submitted to the city for disannexation, then
this service plan shall no longer be binding upon the city.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with
local Government Code, Section 43.052,
September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #7
Attached is the ordinance for this item. The current ordinance states that "No old or used house,
building or other structure designed or intended for habitation, shall be permitted to be moved from
any point outside the City limits of the City of Sanger, Texas, to any lot within the City limits of the
City of Sanger, Texas." We have taken out the "intended for habitation," so that no old or used
building can be brought in to be used for habitation or for business use.
CITY OF BANGER, TEXAS
ORDINANCE No. #10-26w0l
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 3, ARTICLE 3.901 OF THE CITY OF SANGER CODE
OF ORDINANCES; PROVIDING FOR THE REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS:
SECTION I
THAT CHAPTER 3, ARTICLE 3.900 OF THE CITY OF BANGER CODE OF ORDINANCES IS
HEREBY AMENDED TO READ AS FOLLOWS:
§ ARTICLE 3.901 Movement of Old and Used Buildings or Structures Into the City
Limits
No old or used house, building or other structure designed for any use, with the exception of an
accessory building to be used in a Residential Zoning District, shall be permitted to be moved from
any point outside the City limits of the City of Sanger, Texas, to any lot within the City limits of the
City of Sanger, Texas.
SECTION II
All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict,
hereby repealed.
SECTION III
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION IV
This Ordinance will take effect immediately after it's passage.
PASSED AND APPROVED this lst day of October, 2001, by the City Council of the City
of Sanger, Texas.
ATTEST;
Rosalie Chavez, City Secretary
APPROVED:
Tommy Kincaid, Mayor
September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #8 -Railroad Park
In order for the 4B Board to proceed with further expenditures on Railroad Park, the City Council
needs to approve the solicitation of bids and award the bids. The Board would like to solicit bids
for the total completion of Railroad Park,
September 27, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #9
Attached are copies ofthe proposed budgets for theseboards. TheBoards have approved them with
the changes made.
9-24-2001 05*12 PM C I T Y O F S A N G E R
nrvnnn0Vn VTTr)GET
AS OF: AUGUST 31ST, 2001
.r
P
41 -4A CORPORATION
CURRENT Y-T-D PROPOSED
BUDGET ACTUAL BUDGET
----------------------------------------------------------------------------
REVENUE SUMMARY
4A REVENUES
*** TOTAL REVENUES ***
EXPENDITURE SUMMARY
75-4A EXPENSES
*** TOTAL EXPENDITURES ***
* REVENUES OVER (UNDER) EXP.*
140,000.00
140,000.00
--------------
140,000.00
--------------
1261078.28
126,078.28
--------------
•$3,952.81
--------------
-----42,125�47
145.000.00
145,000.00
9-24-2001 05*12 PM
41 -4A CORPORATION
;VENUES
C I T Y OF SANGER PAGE: 2
PROPOSED BUDGET
AS OF: AUGUST 31ST, 2001
CURRENT Y-T-D PROPOSED
BUDGET ACTUAL BUDGET
----------------------------------------------------------------------------
4A REVENUES
00-4000 LOAN PROCEEDS
00-4425 STATE SALES TAX
00-4800 INTEREST INCOME
00-4940 DONATIONS
** REVENUE CATEGORY TOTAL **
***
TOTAL REVENUES ***
0.00
140,000.00
0.00
0.00
140,000.00
140,000.00
0.00
124,118.38
1/959090
0.00
126,078.28
126,078.28
0.00
144,000.00
1,000.00
0.00
145,000.00
145,OOO.OQ
9-24-2001 05:12 PM
41 -4A CORPORATION
-4A EXPENSES
DEPARTMENT EXPENDITURES
C I T Y O F S A N G E R PAGE : 3
PROPOSED BUDGET
AS OF: AUGUST 31ST, 2001
Y—T—D
ACTUAL
•-•••am v
----------------------------------------------------------------------------
52-SUPPLIES AND MATERIALS
75-5200 CHECK CHARGES 0.00
75-5210 OFFICE SUPPLIES 200.00
75-5215 TRAVEL & REGISTRATIO 500.00
75-5220 DUES 250.00
75-5225 PUBLICATIONS/SUBSCRI 200.00
** CATEGORY TOTAL **
1,150.00
0.00
9.30
350.00
0.00
0.00
359.30
54-CONTRACT SERVICES -
75-5410 INSURANCE 100.00 0.00
75-5420 CONTRACTUAL SERVICES 1,200.00 1,100.00
75-5425 LEGAL FEES 10000000 0.00
** CATEGORY TOTAL **
55-UTILITIES
75-5500
75-5505
***
***
PROJECTS
LOAN PAYMENTS
CATEGORY TOTAL **
DEPARTMENT TOTAL ***
TOTAL EXPENDITURES ***
*** END OF REPORT ***
2,300.00
46,550.00
90.000.00
136,550.00
140,000.00
140,000.00
1,100.00
0.00
82.493.51
82,493.51
83,952.81
83,952.81
100.00
200.00
500.00
250.00
200.00
1,250.00
100.00
1/200400
1 000 00
2,300.00
m
_ .,
--------------
--------------
13�
1A54e*e-o 0 0
9-24-2001 05:12 PM C I T Y O F S A N G E R PAGE: 1
PROPOSED BUDGET
AS OF: AUGUST 31ST, 2001
42 -4B CORPORATION
CURRENT Y-T-D PROPOSED
BUDGET ACTUAL BUDGET
----------------------------------------------------------------------------
REVENUE SUMMARY
4B REVENUES 140,000.00
*** TOTAL REVENUES *** 140,000.00
*** TOTAL EXPENDITURES *** 140,000.00
134.074.11
134,074.11
23,236.28
•23,236.28
145,000.00
345,000000
145,00000
* REVENUES OVER (UNDER) EXP.* 0.00 110,837.83 0.00
9-24-2001 05912 PM
CITY OF SANGER
PROPOSED BUDGET
AS OF: AUGUST 31ST, 2001
PAGE: 2
42 -4B CORPORATION
REVENUES
CURRENT
Y-T-D
PROPOSED
BUDGET
ACTUAL
BUDGET
----------------------------------------------------------------------------
4B REVENUES
00-4425
00-4800
00-4940
STATE SALES TAX
INTEREST INCOME
DONATIONS
** REVENUE CATEGORY TOTAL **
*** TOTAL REVENUES ***
140,000.00
0.00
0.00
140,000.00
140,000.00
124,118.38
9,955.73
0.00
134,074.11
134,074.11
144,000.00
1/000000
0.00
145, 000 9*00
145,000.00
9-24-2001 05*12 PM C I T Y O F S A N G E R PAGE: 3
PROPOSED BUDGET
AS OF: AUGUST 31ST, 2001
42
-4B CORPORATION
75.-4B
EXPENSES
?ARTMENT EXPENDITURES
CURRENT
Y-T-D
PROPOSED
BUDGET
ACTUAL
BUDGET
----------------------------------------------------------------------------
52-SUPPLIES AND MATERIALS
76-5200 CHECK CHARGES 0.00
76-5210 OFFICE SUPPLIES 200.00
76-5215 TRAVEL & REGISTRATIO 500.00
76-5220 DUES 250.00
76-5225 PUBLICATIONS/SUBSCRI 200.00
** CATEGORY TOTAL ** 1,150.00
54-CONTRACT SERVICES
76-5410 INSURANCE 100.00
76-5420 CONTRACTUAL SERVICES 1,200.00
76-5450 ENGINEERING FEES 0.00
** CATEGORY TOTAL **
55-UTILITIES
76-5500 PROJECTS
** CATEGORY TOTAL **
*** DEPARTMENT TOTAL ***
*** TOTAL EXPENDITURES ***
*** END OF REPORT ***
1,300.00
,137,550.00
137,550.00
140,000.00
140,000.00
0.00
53.12
0.00
0.00
0.00
53.12
0.00
1,100.00
0.00
1,100.00
22,083.16
22,083.16
23,236.28
23,236.28
100.00
200.00
500.00
250.00
200.00
1,250.00
100.00
1,200.00
0.00
1,300.00
142,450.00
145,000.00
145,000.00