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02/19/2001-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, FEBRUARY 19, 2001 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: February 5, 2001 b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action regarding Ordinance #02-02-01 -Annexing Property Legally Described as: ABSTRACT 725, B.F. LYNCH SURVEY, PART OF TRACT 13 & 14, BEING A TOTAL OF 217.40 ACRES. 5. Consider and Possible Action Regarding a Preliminary &Final Plat for Sunset Lake Estates, Phase III, being 20.96 Acres in the Rueben Bebee Survey, Abstract #29. 6. Conduct Public Hearing to Consider a Zoning Change from B2 (Business 2) to SF4 (Single Family 4)011 property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property is located on FM 455 and Keaton Road. 7. Consider and Possible Action Regarding a Zoning Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property is located on FM 455 and Keaton Road, 8. Consider and Possible Action Regarding Appointments to the Tourism Board. 9. Consider and Possible Action Regarding Nominations to the Appraisal Review Board. 10. Consider and Possible Action to Allow the Sanger Summer League to make Improvements at Railroad park at their own Expense. 11. Consider and Possible Action Regarding the Application Agreement between GSA and the City of Sanger to Render Services for the TDHCA Grant Application. 12. Consider and Possible Action on Awarding Bid on Backhoe for Water Department, 13. Consider and Possible Action Regarding Budget Amendments to the FY 1999/2000 Budget as Presented by Bill Spore. 14. Consider and Possible Auction Regarding Approval of the Fiscal Year 1999/2000 Audit as Presented by Bill Spore. 150 Consider and Possible Action on Appointment of Auditor for Fiscal Year 2000/20010 166 Any Other Such Matters. 170 Adjourn. Rosalie Chavez, City Secret r� Date & Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the Citv Secretarv's office at (940) 4584930 for further information. Memorandum CMEM031 February 16, 2001 To: Tommy Kincaid Craig Waggoner Glenn Ervin Andy Garza Joe Higgs Carroll McNeill Rose Chavez From: Jack Smith Subject: Sanger ISD/Don Sable Yesterday, February 15, 2001, William Kincaid Attorney at Law, visited with me about what, if anything, the City of Sanger would be willing to do to help resolve the problem between the ISD and Mr. Sable. Mr. Kincaid indicated that if the City would concede a portion of the tap fees then there probably would not be a lawsuit. I did relay to Mr. Kincaid that the Council had been approached with this option before and did not feel that the City was obligated to furnish anything to Mr. Sable. -1 - MINUTES: CITY COUNCIL FEBRUARY 59 2001 PRESENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilman Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig Waggoner OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager. Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Vehicle Mechanic Tommy Belcher, Water/Wastewater Superintendent Eddie Branham, Candace Lambert, Matt Lambert, Jay Griffith, Jody Roberts, Gerald Dokter, Carol M. Rainey, Scott Wilson, Dannie Cummings, Dale Tucker, Gordon Lurry, Shelley Ruland, Kim Hall, Don Hall, Woodrow Barton 1. Mayor called meeting to order, Councilman Waggoner led the Invocation, followed by the Pledge of Allegiance 2. 3. a) Approve Minutes: b) Disbursements CONSENT AGENDA January 22, 2001 Councilman Ervin asked about an invoice from Hunter Associates. City Secretary will ask what Preston Branch plat is. Discussion regarding disbursements. Councilman McNeill moved to approve the Consent Agenda. seconded. Motion Carried unanimously. Citizen's Input. Councilman Higgs Jay Griffith, 897 John George Lane in Sanger, indicated he received a ticket on December 4, 2000. He indicated the officer made mention to the posted stop sign. He indicated the sign referred to commercial vehicles only. He went through the different exhibits he had given the Council, indicating they were definition and definitions of the law. He indicated appointed and elected officials should have an Oath of Office, and bribery statement prior to taking the Oath. Mr. Griffith went through several of the open records documents he received stating some of the Sanger officers and appointments did not have Oaths of Office. Mr. Griffith continued with lengthy discussion regarding the Sanger Charter, and other laws. 4. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.072 (REAL PROPERTY): a. Sanger Trails Mayor indicated convening into Executive Session was not necessary and the meeting continued in open session. City Manager indicated the first item is Roger Hebard's property. Mr. Hebard is asking for 48 water tap fees in exchange for the 2.05 acres for the water well. Mayor indicated he recalled that the water well would be on the 25 acre tract that the city owned. Discussion. City Manager indicated the City Engineer had said that a well could not be put in a closed landfill site. City Secretary addressed the Council, and indicated the bid has been awarded for the drilling of the well. Councilman McNeill indicated he felt the well being on Mr. Hebard's property was a benefit to him, not to the City and indicated he felt Mr. Hebard should give the City the land. Mayor suggested to table this item until they have a chance to discuss it with the City Engineer as to whether the City can or cannot put a well on the 25 acre site. b. IESI Request City Manager indicated they are going to run water along the railroad track. IESI will give the easement, but are requesting two (2) water taps for the easement. Discussion regarding the easement. Councilman McNeill asked how wide is the easement. Staff indicated 20 feet wide. Discussion regarding easements. Councilman Garza indicated he was not in favor of giving anything away. He indicated in negotiations they need to consider that if the City brings water and sewer to the property they can put 4 to 5 homes per acre, if the City does not they can put one home per acre. Discussion. Mayor indicated he felt two would be fine for MR, and no more than six for the other fifteen hundred feet. 5. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. Councilman McNeill moved to extend IESI two taps, and for the 1500 foot North of IESI no more than six taps for a total of 8. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action Regarding Traffic Studies on Keaton Road and Holt Street and on David Drive and Freese Drive. Danny Cummings, with C & P engineering, in Corinth, addressed the Council regarding traffic studies at the two locations. He indicated he realized there were concerns. The Standard traffic control device book (get the real name) was first printed in 1935, it went into it's seventh print in the year 2000. It has been tested and proven to work. The reason to be uniform in traffic control devices is everyone knows certain signs mean certain things. On a four way stop you need to have 500 cars in an 8 hour period, or a minimum of 200 cars in a low traffic area. He indicated the stop signs on the major streets at the two mentioned intersections need to be pulled. After the count the four way stops are not warranted. He indicated he had no accident reports to look at. If there had been accidents, that too would warrant the four way stop. Mr. Cummings indicated that a warning should be given to the people that the signs will be pulled and then proceed to pull them. He indicated uniformity is important. Discussion regarding the signs and the traffic. Mr. Cummings indicated stop signs are not to be used for speed control. Councilman Waggoner asked what the consequences would be to leaving the stop signs there. Mr. Cummings indicated people would eventually start rolling through it. People will drive what they feel is natural. Discussion. Councilman Ervin moved to pull the stop signs on Keaton Road and Freese Drive. Dale Tucker, Michael Road, indicated the stop signs on Holt and Keaton were necessary, it slowed the cars down, and he felt it would be safer for the students. Discussion. Councilman Higgs indicated the stop sign was put in for the school busses to be able to get where they need to go due to the traffic. Councilman Ervin's motion died for the lack of a second. Councilman Ervin addressed the speed limit being lowered to 25 MPH on Freese Drive. Councilman Ervin indicated there was not an ordinance passed on this. City Secretary indicated the criteria before you set a speed limit was not done, so we could not draft the ordinance based on the requirements needed. No Action at this time. 7. Consider and Possible Action on Awarding Vehicle Bid for Police Department. Bids received were as follows: Classic Chevrolet Jim McNatt Chev. Brown Motor Co. $19,391.00 $189686.00 $1%098.00 $199252.24 30 day delivery 90 day delivery 8 week delivery 90 day delivery Councilman McNeill inquired if this is a replacement or an addition. City Secretary indicated it is an addition that was budgeted. Councilman Ervin asked if it would be better to wait until we get the insurance money from the car that was wrecked and bid both of the cars together. City Secretary recommended that they buy this car now, due to the police department being short a unit due to the wreck. Discussion regarding the wrecked vehicle and purchase of a new one. Councilman Ervin asked how much was owed on the wrecked vehicle. City Secretary indicated it would be paid off this year. Councilman Higgs moved to award the bid to Jim McNatt Chevrolet in the amount of $19, 098.00 with an 8 week delivery. Councilman McNeill seconded. Motion carried unanimously. 8. Conduct Public Hearing to Consider a Zoning Change from B2 (Business 2) to Sr.) (Single Family 3) on property legally described as Tract 18 & Tract 19 in the M.R. Burleson Survey, Abstract 71. Property is located at 214 & 216 Southside Drive, Public Hearing opened. No discussion. Public Hearing closed. 9. Consider and Possible Action Regarding a Zoning Change from B2 (Business 2) to SF3 (Single Family 3) on property legally described as Tract 18 & Tract 19 in the M.R. Burleson Survey, Abstract 71. Property is located at 214 & 216 Southside Drive.. City Manager indicated this was approved by Planning and Zoning, the zoning of B2 in this area would not be well used as commercial, lot 214 already has a house on it. Discussion regarding the lot, and if the lot size was adequate to build a house on. Discussed relocation of the water line to an 8 foot easement on the lot for 216 Southside Drive, the easement needed to be indicated on the plat. Councilman Ervin moved to change the zoning from B2 to SF3 for property located at 214 & 216 Southside Drive. Councilman McNeill seconded. Motion carried unanimously. 10. Consider and Possible Action Regarding a Short Form Plat for the Burleson Addition, Being Legally Described as Abstract 71, Tract 18 & 1% Property is Located at 214 & 216 Southside Drive. Councilman McNeill moved to accept the short form plat for Burleson Addition contingent upon the acceptance of the water easement between Don Hall and Eddie Branham, the Water/Wastewater Superintendent, Councilman Garza seconded. Motion carried unanimously. 11. Consider and Possible Action Regarding a Preliminary Plat for the Roberts Addition, Being 2.488 Acres in the H. Tierwester Survey, Abstract 1241. Property is Located on Holt Road. City Manager indicated all items on the City Engineer's letter had been corrected. Councilman Ervin asked about the note regarding sewer being provided by the City. City Manager indicated Eddie Branham has discussed this with Mr. Roberts and the issue has been resolved. Mr. Roberts indicated they are going to try to connect into the sewer line that is there. If it will not work, they will have to go to the manhole, and he will have to pay for the pipe. City Secretary indicated that Mr. Roberts had bought the property by metes and bounds, and when he came to get a permit to build, he was then advised he had to plat the property. Councilman Garza moved to accept the plat for Roberts Addition Being 2.488 Acres in the H. Tierwester Survey, Abstract 1241., Councilman Higgs seconded. Motion carried unanimously. 12. Consider and Possible Action Regarding a Final Plat for the Roberts Addition, Being 2.488 Acres in the H. Tierwester Survey, Abstract 1241. Property is Located on Holt Road. Councilman McNeill moved to accept the final plat on the Roberts Addition, Councilman Ervin seconded. Motion carried unanimously. 13. Consider and Possible Action on Appointing Members to the Tourism Board. Discussion regarding the committee, and possible appointments. Council did not have any suggestions, and wanted to postpone the item until the next meeting. Item tabled. 14. Consider and Possible Action to Issue Election Order for General Election to be held May 5, 2001. Councilman Waggoner moved to Issue the Election Order for the Election to be held May 5, 2001. Councilman Ervin seconded. Motion carried unanimously. 15. Consider and Possible Action Regarding Ordinance 002-01-01-Amending the Size of the Plat Requirements to 18" X 22". City Secretary indicated the County requires 18 x 22 for filing. Councilman Ervin moved to approve ordinance 02-02-01. Councilman Garza seconded. Motion carried unanimous 16. Any Other Such Matters, A) City Secretary indicated they need to have a workshop with the City Engineer regarding sewer plant expansion. It would cost approximately 1.5 million for another expansion and some other needed improvements. The workshop will be to decide what avenue to pursue. It takes 6 months to get permitted an 18 months to complete. We need to set a date for a workshop. Discussion regarding Duck Creek Lift Station. Schedule for Thursday night at 6:00 P.M. B) City Secretary indicated she met with Kim Lacey and Shelley Green and they indicated the City will not have to pay any of the Texas Capital Fund Grant back. 17. 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'l5 3 r i�,i., �41� _�. fait (,-, .tit, /+�1.. e�1 �; Uli} ,,:t.i Lt<1.��GiF ;7L? i'�!iV�1 �4!9�1,Gk tt� i;Jii� ��,klit t �Jk.:"sft C Hi, !.�, City of Sanger, Texas ORDINANCE N0.02-02-01 i' 11 1 1 1 1: 1 1' 1 !I 1 1 1 1 : 1 1• I 1 11 1 1 1 1 11 :1 1 1 I: i" 1' :il i t 1 '• 1 1 11 1' 1 1 I C 1 11 1' 1 1 C 1 1 1 1' 1 : 1 1 I it ' � : 1 :1 1 1 ' 1 1 11 WHEREAS, the city is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.021 and its home -rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the city; WHEREAS, the city has prepared a service plan for said territory which is attached as Exhibit "A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law; and WHEREAS, after hearing arguments for and against the same, the governing body has voted to annex said territory into the City under the authority of Section 43.033 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANGER, TEXAS: SECTION l: That territory hereinafter described is hereby annexed into the city, and that the boundary limits of the City are hereby extended to include said territory within the city limits, and the same shall hereafter be included within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City. Being a tract of land situated in the B.G. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSHI, as recorded in Volume 4519, Page 648, deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at the intersection of the west right -of --way line of the G. C. & S. F. Railroad; •� THENCE N 10° 2115 E, 25.33 feet along said west right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set at the POINT OF BEGINNING. THENCE N 88° 52'48" W, 581.88 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 80° 31' 41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06° 21'30" E, 329.90 feet to a 5/8 inch rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 83 ° 38'30" W, 400.00 feet to a'/� iron rod with plastic cap stamped "ALLIANCE" found in the east right -of --way line of interstate highway 35 and the beginning of a curve to the right; THENCE with said east right -of --way line and with said curve to the right, through a central angle of 44° 59' 24", having a radius of 236.48 feet, the long chord of which bears N 21 ° 33' 15" W 180.96 feet, an are distance of 185.69 feet to a'/2 inch iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 06 ° 35' S3" W, 152.63 feet with said east right -of --way line to a 1/z iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 00° 55'S0" E, 1146.64 feet continuing along said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 89° 04'10" E, 200.00 feet departing said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set, THENCE N. 00° 55' S0" E , 180.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 89° 04' 10" E, 90.00 feet to a C/o* iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06°Z1' 30" E 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 83°38'30" E, 75.00 feet to a 5/8 inch iron rod with plastic can stamped "CARTER & BURGESS" set; THENCE N 06021130" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 88036136" E, 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set in the aforementioned west right -of --way line of the G. C. & S. F. Railroad; THENCE S 10° 2115 W, 4309.54 feet along said west right -of --way line to the POINT OF BEGINNING and containing 213.286 acres of land more or less. TRACT TWO BEING a tract of land situated in the B. F. Lynch Survey, Abstract Number 7259 Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, Deed of Records, Denton County, Texas as being more particularly described by metes and bounds as follows: BEGINNING at P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at intersection of the west right-of-way line of the G. C. & S. F. Railroad; THENCE N 88° 52'48" W,1926.45 feet along the centerline of Lois Road to a P. K. Nail found in the east right-of-way line of Highway 35; THENCE N 00° 45'47" E, 29.90 feet along the east right -of --way line of Highway 35 to a'/Z inch iron rod found; THENCE N 30° 00'07" W, 49.41 feet continuing along said east right -of --way line to a'/� inch iron rod found at the beginning of a curve to the left; THENCE with said east right -of --way line and with said curve to the left, through a central angle of 023 ° 3235, having a radius of 336.48 feet, the long chord of which bears N 25°0430" E,137.29 feet, an are distance of 138.26 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 03' 32" E,139.55 feet departing said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 80° 31941" E, 1191.71 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 880 52'48" E, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set in the west right -of --way line of the G. C. & S. F. Railroad; THENCE S 100 21'15" W, 25.33 feet along said west right -of --way line to the POINT OF BEGINNING and containing 4.114 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 �ArA C procedures, certified copies of this ordinance. PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 19th day of February, 2001. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED Being a tract of land situated in the B.G. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P. K. Nail found at the southeast property corner of said WOlsld Tract, said P. K. Nail is in the centerline of Lois Road at the intersection of the west right -of- way line A the G. C. & S. F. Railroad, THENCE N 10° 21'15" E, 25.33 feet along said west right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set at the POINT OF BEGINNING, THENCE N 88° 52'48" W, 581.88 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 80° 31' 41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set, THENCE N 06° 21'30" E, 329.90 feet to a 5/8 inch rod with a plastic cap stamped "CARTER & BURGESS" set, THENCE N 83 ° 38130" W, 400.00 feet to a % iron rod with plastic cap stamped "ALLIANCE" found in the east right -of --way line of interstate highway 35 and the beginning of a curve to the right; THENCE with said east right -of --way line and with said curve to the right, through a central angle of 44° 59 24, having a radius of 236.48 feet, the long chord of which bears N 21 ° 33' 15" W 180.96 feet, an arc distance of 185.69 feet to a % inch iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 06 ° 35' S3" W,152.63 feet with said east right -of --way line to a '/Z iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 000 55'5O" E,1146.64 feet continuing along said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 890 04'10" E, 200.00 feet departing said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE N. 000 55' 50" E , 180.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 89 ° 04' 10" E, 90.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06°21 30 E 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 83 ° 38'30" E, 75.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set, THENCE N 06°21'30" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 88°36'36" E, 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the aforementioned west right-of-way line of the G. Co & S. F. Railroad; THENCE S 10° 21'15" W, 4309.54 feet along said west right -of --way line to the POINT OF BEGINNING and containing 213.286 acres of land more or less. TRACT TWO BEING a tract of land situated in the B. F. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, Deed of Records, Denton County, Texas as being more particularly described by metes and bounds as follows: BEGINNING at P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at intersection of the west right -of --way line of the G. C. & S. F. Railroad; THENCE N 88 ° 52'48" W,1926.45 feet along the centerline of Lois Road to a P. K. Nail found in the east right -of --way line of Highway 35, THENCE N 00° 45'47" E, 29.90 feet along the east right -of --way line of Highway 35 to a '/� inch iron rod found; THENCE N 30° 00'07" W, 49.41 feet continuing along said east right -of --way line to a'/2 inch iron rod found at the beginning of a curve to the left; THENCE with said east right -of --way line and with said curve to the left, through a central angle of 023° 32'35", having a radius of 336.48 feet, the long chord of which bears N 25°04'30" E, 137.29 feet, an are distance of 138.26 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set, THENCE S 890 03' 32" E,139.55 feet departing said east right -of --way line to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 800 31141" E, 1191.71 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER &BURGESS" set; THENCE S 88° 5248 E, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the west right-of-way line of the G. Co & S. F. Railroad, THENCE S 10° 21'15" W, 25.33 feet along said west right4if way line to the POINT OF BEGINNING and containing 4.114 acres of land more or less. INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 43.033 and 43,056, Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with following schedules: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. 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 UTILTTY 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. ter• 1 � ��• 1 � I � ��• 1 Maintenance of roads and streets and drainage will be provided within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (60) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS Construction of water, sewer, street, and drainage facilities will begin within two (2) years after submissions of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one half (44/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE 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 %J topography, land use, and population density are considered a sufficient basis for providing different level A service. TERM This service plan shall be valid for a term of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexation, then this service plan shall no longer be binding upon the city. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.A.C., local Government Code, Section 43.052. February 14, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Plat for Sunset Lake Estates, Phase III -Item #5 We will have Planning and Zoning's recommendations at the meeting. The owner is requesting a road variance on this property for a Private Road. They are in the process of obtaining permits from Denton County Road and Bridge. Peggy Arrington will be at the meeting to address any questions Council may have. Jan 10 21 11:35a HAT 972-712-4880 p.1 U V HUNTER ASSOCIAT TEXAS, LTD. 8140 WALNUT Hill LANE •ONE GLEN LAKES •SUITE 500 • DALLAS, TEX 1S 75231 43 0.214)369 9171 •FAX 214/6963795 8842 MAIN STREET • SUITE 105 • FRISCO, TEXAS 75034.972/712-6400 •FAX 972/7124880 1106 CLAYTON LANE • SUITE 410E • AUSTIN, TEXAS 78723.1033 . 5121454-87I6 • FAX 512/454-2433 December 20, 2000 Ms. Rosalie Chavez City of Sanger PO Box 578 Sanger, TX 76266 Re: Sunset Lake Estates; Phase IlI Preliminary & Final Plat Lots 14, Block E 20.96 Acres Dear Ms. Chavez: We have received a copy of a Preliminary &Final Plat prepared by Alliance Area Surveying dated November 17, 2000 for the above referenced development. Our comments are as follows: l . All fees shall be paid in accordance with all City rules, ordinances and policies. 2. Additional comments may be received from Public Works, Code Enforcement and the Fire Department. 3. The property is Located east of Ruling Road within the ETJ of the City. 4. The Tract is Zoned R2 in accordance with the Lake Ray Roberts Land Use Ordinance, 5. The basic layout is the same as Phase II. !< 6. Water service shall be private well. 7. Sanitary sewer service shall be provided by onsite systems. 8. L Access to the lots is by private easement. The Subdivision Ordinance requires all lots to face 4 01 a residential street (30'). The Plat should show a minimum 50' Right -of --Way for the street unless a variance is granted by the City Council. X rr 9. The cul-de-sac length exceeds the maximum length requirement of 600'. However, due to the low density of the development, we recommend approval of a variance for the cul-de-sac �I �� length shown. Jan 10 21 11:35a AT 972-712-4880 p.2 Ms. Rosalie Chavez Sunset Lake Estates, Phase III, Preliminary & Final Plat December 20, 2000 Page 2 copy of the permit to be obtained from Denton County Road &Bridge should be provided to the City. 11. Construction plans have not been provided for review. Q COnsi�c�� IGt�15 Ty �j� war . This concludes our review of the above referenced development. If there are any questions, please contact me at (972) 712-6400. Sincerely, HUNTER ASSOCIATES TEXAS, LTD. Mark D. Hill, P.E. Sr. Vice President cc: Alliance Area Surveying F:\Sanger\SunsetLakeEstates-Ph3.Preli m-Final.wpd February 14, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: We will have Planning and Zoning's recommendations atthe meeting. They are requesting a zoning change as shown in the attached exhibit. The property is currently zoned B2; therefore, the request only references the residential property. City of February 67 2001 TO: Property Owners FR: Rosalie Chavez, City Secretary RE: Zoning Request The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thursday, February 15, 2001 at 7:00 P.M. to Consider a Zoning Request Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property is located on FM 455 and Keaton Road. The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, February 19, 2001 at 7:00 P.M. to Consider a Zoning Request Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Tract 118 being 18 acres to be used for Residential. Property is located on FM 455 and Keaton Road. 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 this public hearing. RCar Enclosure poi BOLIVAR STREET BANGER, TEXAS 76�66 q4o-458-7930 P.O. BOX 578 940-458-418o FAX P&Z 02/15/O1 CC 02/19/01 ZONING REQUEST To Consider a Zoning Request Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property id located on FM 455 and Keaton Road If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: I approve of the Request --�_ I disapprove of the Request Comments: SIGNATURE `�� DATE Please Print Your Name �r�n�, �.,` _ ., _ Property Owner Letters for Serendipity: John Porter Auto Sales P.O. Box 876 Sanger, TX 76266 Mrs. Ruth Marshall 2001 W. Chapman Sanger, TX 76266 Springer Family Rentals P.O. Box 248 Sanger, TX 76266 Michael Pardee 803 Keaton Rd. Sanger, TX 76266 City of Sanger P.O. Box 1729 Sanger, TX 76266 Berle Richardson 305 Acker St. Sanger, TX 76266 Joe Marrs 911 FM 1173 Krum, TX 762494425 Linda Harvey Hewlett P.O. Box 1011 Sanger, TX 76266 Sanger I-35 J/V %Robert F. Strong II 1200 S. Mdin St, Ste 1600 Grapevine, TX 7605 1 -7507 Jeff &Laura McNeill P.O. Box 358 Sanger, TX 76266 Sanger ISD P.O. Box 188 Sanger, TX 76266 Cobblestone Child Care Sanger, TX 76266 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, February 15, 2001 at 7:00 P.M. to Consider a Zoning Request Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property id located on FM 455 and Keaton Road. 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, February 19, 2001 at 7:00 P.M. to Consider a Zoning Request Change from B2 (Business 2) to SF4 (Single Family 4)on property legally described as Abstract 1241 H. Tierwester Survey, Tract 118 being 18 acres to be used for Residential. Property id located on FM 455 and Keaton Road, Rosalie Chavez City Secretary t �L m a � 3 � - f m m � o A 3 O � � � � � A o o � m ��U� � I KEA70N ROAD 0 " o o Q Z 0 0 O N 00.05'S2•f 9P58/' 135 � _ _ _16 uE 121' 75 p - - W 135 - i3S o a O N _ • c i22' o � � _ p o m Q o N � t0 N W o m Wu 7 F /��o W W p - �mz F u a Iz ' W `• a vN�r mo' C v p • (P o v x �vn< '- oa�n / lr a`" YmzA JoA nN (11 n00 WW A �' y � � In' 3 a �' � �eso� �-4 a o m N ti p O W �' � 128' � 7 w p mN / S.oW u a � � o W /� / � c0 � W - � m O V � • � W � N / Po ��/ '� O 3 Dn ,Y /�� Q N � ; ; � Z N o N l n I f P n W n _ _ '�j..= W o N �� 131' � � in �( O ru N C w � � 3 0 0 _ �-�m _ ur w ,� n � _ = o N W �7 �v N ,^ o p � � � vl m - E UI ao< m rn c W Cn oeo A n caia W o t34' _ ybA - T J A W N lM - J c _ _ 13 13 � N � 3 N F � ti4N � 1 S' 0 133' I ' � J m- �- 3B 65 65 - p CN11 S� V 6j, / - Nu No Nm No N mp - W o N o - . Q o a W _ p � ipo 62 139' 70'- 65'+ / /2 9 S 00 / W i o 98 94 //92B' N 0.30'25' E 3217fi e � � s orz;3'orf e `� o 0 I " c o N o ro� v /eoes � ,� o�30 [ > > O n n ue $� �"; nen n i CDn '� 1 � 40 09L ^I -t�L v^�� I .w n. O e 1 C q C. 1 �b 0 SO' R-O-W O�dicoliin (30' him Pro Patl dine) A c C� y � `iaq`@�I�- ACKER STREET �� "m� A\ = O �31AY33 Oj2� Mn Aa>A ^o r ~�`m r � t "^: ° o I � ' ' � N KEATON O L � _ '� .li f � �+'q { �� E ,' February 14, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Appointments to Tourism Board. This was on the last agenda, and tabled until this meeting. Attached is a note from the Chamber indicating the selections they have made, and also their recommendations for the at large seat. February 5, 2001 Honorable Mayor Tommy Kincaid City Council Members P.O. Box 1729 Sanger, Texas 76266 Gentlemen, The Sanger Area Chamber of Commerce has selected Jim Conley and B. J. Ruff to serve on the Tourism Board per the Council's request. We are also providing names of persons to be considered for the at large seat. They are Lynn Stucky, Lee Ann Lemons, Gayland Howell, Dale Tucker, and Terry Voss. If you should need additional information, please contact me at (940) 458-3725. Sincerely, B. J. Ruff President of the Sanger Area Chamber of Commerce P. O. Box 537 940-458-7702 Sanger, Texas 76266 � w_ February 14, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Nominee for the Appraisal Review Board. The Denton Central Appraisal District has requested nominations to serve on the Appraisal Review Board. Attached is the information we received from them. DENTON CENTRAL APPRAISAL DISTIUCT 3911 MORSE STREET, P O BOX 2816 DENTON, TEXAS 76202-2816 TO: All Entities FROM: Joe Rogers DATE: January 29, 2001 SUBJECT: Appraisal Review Board Nominees The Denton Central Appraisal District is in dire need of Appraisal Review Board nominees. The Appraisal Review Board is a separate body from the appraisal office and serves to hear and resolve disputes concerning appraisal matters. Please do not confuse the Appraisal Review Board with the Board of Directors. The Board of Directors is an administrative and policy -making body that is not compensated. The Appraisal Review Board is the judicial part of the system and resolves disputes between the taxpayer and the appraisal district. The Appraisal Review Board is also compensated for their service. If you have a nominee that is not able to serve full-time, there are also auxiliary positions available and serve as replacements for absent members. The Appraisal District's staff will be at your service if you need someone to explain to your Board or Council the duties of the Appraisal Review Board. The qualifications and compensation information is included with this letter. Call Kathy Williams at Denton Central Appraisal District if you have any questions, or if you need someone to attend your meeting. Thank you for your help in this matter. Remember, Appraisal Review Board members are vital in the process of getting your appraisal roll finished in a timely fashion. Sincerely, Joe Rogers Chief Appraiser jr/cb `�, �� !� �? r .m s PHONE: (940) 566-0904 METRO: (972) 434-2602 FAX: (940) 387-4824 APPRAISAL REVIEW BOARD Qualification, Appointment and Compensation Who Can Serve? To serve on the ARB, you must have lived in the appraisal district for at least two years before taking office. You don't need any special qualifications, but you may be ineligible to serve on the appraisal review board if the person is a member of the board of directors, an officer, or employee of the appraisal district, an employee of the comptroller, or a member of the governing body, officer, or employee of a taxing unit. In county of more than 100,000, a person is ineligible if the person: l . Has served all or part of three previous terms. 2. Is a former member of the board of directors, officer, or employee of the appraisal district. 3. If the person served as a member of the governing body or officer of a taxing unit for which the appraisal district appraises property, until the 41n anniversary of the date the person ceased to be a member or officer 4. Has ever appeared before the ARB for compensation. You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal district. Relatives barred are those within the second degree of consanguinity or affinity. If you knowingly violate this provision, you commit a class B misdemeanor. This provision tools effect September 1, 1989, and applies only to ARB members sewing terms that began after that date. The law also bars from ARB service members who contract with the appraisal district or with a taxing unit in the appraisal district. The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit -that participates in the appraisal district. Likewise, the same taxing units and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest. Substantial interest is defined as either: 1. Combined ownership by the member or the member's spouse of at least 10 percent of the voting stock or shares of the business. 2. Service by the member or the member's spouse as a partner, limited partner or officer in the business entity. You may also not serve if you hold some other paid public office. The Texas Constitution does not allow a person to hold more than one paid public office. S. B. 1017 requires the Comptroller to approve curricula, provide materials and supervise a course for training ARB members. The Comptroller shall issue certificates indicating course completion. All ARB members must complete the course or may not participate in ARB hearings. ARB Terms and Size Members serve two-year staggered terms; approximately half the member's terms expire each year. Terms begin January 1. The appraisal district directors appoint ARB members by a majority vote and record their decision in a resolution. ARB Compensation The ARB receives a $50.00 minimum for a half day and $12.50 an hour for any hours worked after the $50.00 minimum. The maximum pay is capped at $100.00 per day. ARB Meetings ARB regular meetings are the third Wednesday of each month at 9:00 A.M. These monthly meetings are approximately six to eight hours long. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will normally be from 9400 A.M. to 5:00 P.M. In October reappraisal hearings will start on the third Wednesday and usually continue for about a week from 9:00 A.M. to 5:00 P.M. Effective January 1, 1998, ARB's must provide hearing times in the evening and on a Saturday or Sunday. Currently the Board meets two nights a week during the summer months unti18:00 P.M. February 15, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 10 -Sanger Summer Leagues Request The Sanger Summer League has requested to be able to make improvements to Railroad Park at their own expense. There will be members of the Parks Board present at the meeting to address this issue. February 15, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 11 Attached is a copy of the letter from GSA along with a copy of the Agreement. Mike Walthall will be present at the meeting to address the Council regarding this item. FEB-13-2001 09:31P FROM: T0:19404584180 P:2/4 GOVERNMENTAL SERVICE AGENCY, INC. February 13, 2001 Ms. Rosalie Chavez, City Secretary City of Sanger 201 Bolivar St Sanger, Texas 76266 Dear Rose: Pursuant to our phone conversation last week, I am providing you with a brief summary of the two housing programs we discussed: the HOME Program grant for Owner -Occupied Housing Rehabilitation and/or Reconstruction, and the Housing Infrastructure Fund (HIF) program. You indicated that the City probably would resubmit a HOME grant. If so, I would like to have the attached Agreement between GSA and the City passed and signed at the Council meeting on February 19, if possible. It is the same agreemtent we used last year. Also, if you think the Council would be interested in the HIF Grant, I will need to explain the program in detail at the Council meeting. The Owner -Occupied Housing Rehab/Reckon program is designed to assist low income families who own a home and currently live in that home to obtain a grant to rehabilitate their home or to demolish their present home and build a new home on the same lot, depending on the condition of their home and the costs involved. We can apply for up to $500,000, but realistically, Sanger probably would only apply for about $250,000 or so. The State provides administrative funds for us on top of the grant award. The other program involves obtaining a grant from TDHCA to assist the City and a private developer with the infrastructure {water, sewer, streets, curbs, gutting, and related items) to develop a new home residential subdivision in the city. The money covers administrative, engineering, and infrastructure construction. It does not cover the costs of building the homes. The advantage of obtaining this grant is to substantially decrease the lot cost when lots are sold to builders. This helps homebuilders construct affordability housing for your community. The main requirement for the project is that 51% of the homes in the subdivision must be sold to persons qualifying at 80% or below the area median income. The remaining 49% can be sold to any income level family. The purchaser(s) must qualify at a mortgage company to buy the home. This is not a "government project," but anew home subdivision to persons who have jobs and enough credit to buy a home. It's just that we build 5 1 % of the homes in an affordable price range. Not everyone in Sanger can afford upper -end homes, so this gives the lower and middle incomes families a chance to buy a new home. 9500 Forest Lane, Suite 408 Dallas, Texas ?5243 (214)342-1882 Fax WO 3424896 FM13-2001 09:32P FROM: TO:19404S84180 P:3/4 Both are grants from the Texas Department of Housing and Community Affairs, but do not count against any applications or scoring under the Texas Community Development Program TCDP). If interested in these grants, i can explain the programs in more detail at the council meeting. Please let me know if either one, or both, will be on the agenda February 13,h, so I can be there to review and answer questions. I can be reached at 972/540-6739 or 214/668-6453. Thanks for your help. Sincerely, MikeWalthalI Director FEB-13-2001 09032P FROM: T0:19404584180 P:4/4 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: APPLICATION AGREEMENT This agreement is made by and between Governmental Service Agency (herein called Consultant) and the City of Sanger, Texas (herein called City) for the purposes of retaining Consultant to render services in connection with the preparation of a Texas HOME Investment Partnership Program grant application as administered by the Texas Department of Housing and Community Affairs (TDHCA). SECTION 1: Consultant shall prepare an application for City in accordance with the application guidelines and procedures established by the Texas Department of Housing and Community Affairs for the 2001 competition. Consultant shall not charge any fee for this service if the application is not approved for funding or if Consultant is hired to provide general management and administrative services in connection with the approved application. SECTION 2: Consultant wilt not be responsible for any costs or expenses incurred by City in publishing or mailing required notices, or other incidental costs associated with the development and submission of the application. SECTION 3: Because Consultant has agreed to invest considerable time and effort in the preparation of the application on behalf of the City, the City agrees to hire Consultant to provide general grant management and administrative services in the amount stated for General Administration in the application, provided the application is approved for full or partial funding by TDHCA. The administrative fee shall match the percentage allowed by the HOME grant. Currently, the rate is at 4% of the grant award. In the event City chooses not to hire Consultant to provide grant management and administrative services, the City will pay Consultant 4% of the grant award amount for application services rendered. This agreement shall be in effect as of this day of , 2001. GOVERNMENTAL SERVICE AGENCY, INC. 9500 FOREST LANE, SUITE 406 )ALIAS, TEXAS 75243 10 [ David K. Lewis, President BY: CITY OF BANGERTEXAS , P O BOX 578 BANGER, TEXAS 76266-0578 Tommy Kincaid, Mayor ATTEST: BY: Rosalie Chavez, City Secretary February 15, 2001 To: Honorable Mayor and Members of the City Council Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item # 12 Only one bid was received. The bid is from Future Equipment for $64,885.00. The bid sheet and a copy of their bid is attached. Ci y of Sanger 201 Bolivar Sanger, TX 76266 Bid Sheet Date of Bid Opening: I 02/15/01 Time: �2:00 P.M. m Backhoe BID RECEIVED: 02/05/01 COMPANY: Future Equipment BID AMOUNT: $64,885.00 BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: BID RECEIVED: COMPANY: BID AMOUNT: Authorized Signature r'Z f� rt It February 9, 2001 Number 6 I he Texas Senate has passed its first bill for the 2001 session. The bill is S.B. 170 (Wentworth), legislation that would provide that the appearance of a quorum of a governing body (for example, a city council) at a meeting of a legislative committee is not a meeting of that governing body if the members of the governing bodymerely testify, comment, or respond to members of the committee. While committee and floor action has been limited to date, bill -filing is picking up, and city - related bills are described below. CI?Y-RELATED BILLS FILED H B 1022 (McCall)— Hotel Occupancy Tax: would provide that: (a) any entity that spends hotel occupancy tax revenue or that is funded by such revenue must, before making an expenditure, specify in a list the activity or event that is funded by the tax and directly promotes tourism and hotel and convention activity; and (b) events or activities can be added to the list at any time. (Companion bill is S.B. 528.) H B 1043 (Kuem>pel) —Texas Municipal Retirement System (TMRS): this bill contains the following TMRS-proposed initiatives: (a) create five-year vesting for TMRS cities, (b) allow some retirees to change their selected payment option after retirement, (c) provide vested members and their beneficiaries the same death benefits as those who are eligible to retire, and (d) make other technical changes in the law. (Companion bill is S.B. 522.) 11.i3. 1V7V 11JU1141 to - i` ll c �,vua• w i ■ �.� a.,,,,a,,, » ... �.....�.. _.-- -.-------- - -- -- -- would allow a city over 100,000 in population to create a fire control, prevention, and EMS district and to fund the district's operations with a local sales tax. H B 1100 (R Lewis) — Property Taxes: would change the way property taxes apply to boats and ships in four ways: (1) boats used outside of the state but undergoing conversion in Texas would not be taxable due to their presence for that purpose; (2) boats under construction in Texas would not be taxable due to their presence for that purposes (3) tangible personal property intended to be used in a boat being constructed in Texas would not be taxable due to its presence for that purpose; and (4) tangible personal property intended to be used on a boat that would be operated outside the state but which is undergoing repair, conversion, storage, or inspection within Texas would not be taxable due to its presence for those purposes. (Note. boats may still Note* when you receive this TML Legislative Update, please make copies of it and distribute them to members of the governing body and to depart- ment heads as appropriate. TML sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for your help. Published by the Texas Municipal league 1 8 2 1 R u t h e r f o r d l a n e, S u i t e 4 0 0, A u s t i n, T e x a s 7 8 7 5 4 5 1 2 8 (5 1 2) 7 1 9 6 3 0 0 be taxable based on other criteria; this bill only provides that mere presence for the above purposes does not by itself create taxability.) (Companion bill is S.B. 530.) H.B. 1115 (Driver) — Photographic Traffic System: would allow a city to implement a photographic traffic enforcement system by installing cameras at traffic lights inside the city, and would provide that the owner of a motor vehicle is liable for a civil penalty if the vehicle's license plate is photographed while the vehicle is running a red light. H.B. 1119 (Dutton) —Tort Claims Act: would raise the liability caps under the Texas Tort Claims Act to $500,000 for each person, $2 million for each single occurrence for bodily injury or death, and $500,000 for each single occurrence for injury to or destruction of property. (Note: current caps are $250,000, $500,000, and $100,000, respectively.) H.B. 1121 (B. Turner) —Peace Officers: would provide that a person may not enroll in peace officer training unless the person has either: (a) a high school diploma, or (b) a high school equivalency certificate with 12 hours of higher education with at least a 2.0 grade point average. (Companion bill is S.B. 455.) H.B. 1122 (Turner) —Confiscated Firearms: would require that: (1) a court shall order a weapon seized by a law enforcement agency to be forfeited to the state under certain circumstances; (2) a law enforcement agency in a city with a population of less than 30,000 shall destroy the weapon or use the weapon for a law enforcement purpose; (3) a law enforcement agency $ a city with a population of more than 30,000 shall transfer the weapon to the Department of Public Safety (DPS) for a determination of the weapon's value; (4) the DPS shall destroy a weapon determined to be without value; (5) the DPS shall sell at public auction or transfer to a local law enforcement agency a weapon determined to have values (5) profits from the sale of weapons shall be deposited in the law enforcement safety account. H.B. 1123 (B. Turner) —Home Rule Charter: would provide that: (a) a city may not adopt a home rule charter unless it has more than 5,000 inhabitants according to the federal census bureau; (b) the charter may not take effect until the mayor certifies the population; and (c) any city that adopted a home rule charter between January 1, 2000, and September 1, 2000, but did not have 5,000 inhabitants according to the federal census bureau, is not a home rule city. H.B. 1133 (Coleman),— Parking: would require a city to dedicate all fines collected for disabled parking violations to a special fund to be used only for improving accessibility for disabled persons. The bill would also allow a city to use fines collected for other traffic offenses to: (1) defray the expense of captioning and personal assistance services for a disability -related community event sponsored by the city, and (2) provide technical equipment, such as Braille writers and telecommunications devices for the deaf, for use by persons with disabilities at a city facility. H.B. 1140 ,(Farrar) —Interior Design: would add "interior design" to the list of services covered by the professional services procurement act and, thus, would exempt interior design services from competitive purchasing requirements. H.B. 1149 (Martinez Fischer) —Police Officers: would allow school district police officers to arrest a person who commits a traffic offense in a school crossing zone, and would require school strict police officers to recei dive training in the proper use of radar or laser units from a city police officer or county sheriff's deputy. H B 1165 (Denny) —Sport Shooting Ranges: would protect the owner, operator, or user of a sport shooting range from an injunction or liability arising from any cause of action relating to noise, if the range complies with noise regulations in place at the time the range was constructed. H.B. 1170 (Eiland) - Sales Taxes: would provide a sales tax exemption for the purchase of certain goods associated with space flight contracts with NASA, the Department of Defense, and private entities. H.B. 1194 (Brimer) — Conflict of Interest: would allow property owned by a person who becomes a member of a city council or a planning and zoning board to continue to receive tax abatement and tax increment financing that is already in effect prior to that person joining the governing body. (Note: this bill would reverse Attorney General Opinion JC-0155, which concluded that the abatement or tax increment financing on a person's property must cease upon his or her election to the city council). H.B. 1199 (BrimerZ Impact Fees: would amend Chapter 395 of the Local Government Code, relating to impact fees, in the following ways. • add to the definition of "impact fee" an exclusion for pro rata fees and reimbursement of water or sewer mains and lines extended into the city. • modify the definition of "roadway facilities" to include the municipal share of costs for roadways. • amend the definition of "service area" for roadway facilities to eliminate references to trip length and to increase the service area limitation from three to six miles. • amend the definition of "service unit" to require that impact fee calculations be based on historical data and trends applicable to the city during the previous 10 years. • require that the city give credit for that portion of property tax and utility revenue generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvement plan. In the alternative, the city may give a credit equal to 50 percent of the total projected cost of implementing the capital improvement plan. • provide that the impact fee will be collected when the city issues the building permit, if water and wastewater capacity is available. • allow the hearing on the capital improvements plan to be held in conjunction with the hearing on land use assumptions, and reduce the notice and advertising requirements for adopting and updating an impact fee program. • change from three years to five years that time period after which planning must be updated. • require that the city submit written verification of compliance with the statute to the attorney general each year, and provide that the city may be liable for a civil penalty equal to 10 percent of the impact fee erroneously charged. • repea1395.025(b), which currently requires the city to recalculate the fee at the conclusion of the plan period using actual costs, and to refund any difference. (Companion bill is S.B. 243.) H.B. 1200 (Brimerl —Property Taxes: would allow school districts to cap the taxable value of certain property as an economic development incentive; and would provide that, unlike tax abatement, the cap on taxable value would not hinder the school district's eligibility for state funding. H.B. 1205 (Brimer) —Workers' Compensa Compensation Commission to the Texas eliminate the six -member commission, and v formed department. would change the name of the Texas Workers' artment of Worker's Compensation, would empower a commissioner to operate the newly H.B. 1225 (Hamric —Navigation Districts: would allow a navigation district to create a local government transportation corporation, thus broadening its authority to engage in transportation projects. H.B. 1250 (Dutton) —Police Officers: would create a criminal offense for racial or ethnic profiling by a police officer; and would generally prohibit a police officer from making an arrest, detention, or search that is based on a person's race or ethnicity. H.B. 1254 (B. West) —Health Benefits: would provide that intergovernmental health benefit risk pools may provide coverage to certain "affiliated service contractors." H.B. 1263 (Clark) —Volunteer Fire Departments: would limit the liability of a volunteer fire department and volunteer fire fighters when providing emergency response services. H.B. 1264 (Clarks Annexation: would provide that after two years have passed without an objection, an annexation is presumed to have been adopted with the consent of all persons, except another municipality. (Note: all but the underlined exception is in the current law.) H.B. 1265 (Clark) —Municipal Regulations: would clarify several statutory provisions relating to cities, including the following: (1) would provide that a municipal officer may not be removed from office for an act committed before the officer took office, if the act was a matter of record or otherwise known to the voters; (2) would provide that for obtaining pre -clearance from the U.S. Department of Justice for annexation, a city must apply for pre -clearance on the earliest date permitted under federal law; (3) would provide that if another law requires a city to give notice of its budget hearing, the notice provisions of Chapter 102 of the Local Government Code do not apply; (4) would provide that the unclaimed or abandoned property provisions of the Texas Property Code do not apply to property seized by a police officer under Article 18.17 of the Texas Code of Criminal Procedure; and (5) would provide that the governing body of a general law city could remove a municipal court judge from office only by following the removal provisions in Chapter 21 of the Texas Local Government Code. H.B. 1267 (Dukes) —Child Abuse: would require a local law enforcement investigator who receives a report alleging that a child's caretaker is physically or sexually abusing the child to investigate jointly with the Department of Protective and Regulatory Services. H.B. 1273 (J. Davis) —Peace Officer and Fire Fighter Benefit Fund: would create a benefit fund for peace officers and fire fighters injured in the line of duty. (Note: the bill has no provisions regarding the source of revenue for the fund.) H.B. 1278 (ColemanZ-Building Permits: this bill is the same as S.B. 509, below. H.B. 1280�Hilderbran� —Gasoline Tax: would provide that for each gallon of gasoline sold within a city, one cent of the state gasoline tax shall be returned by the state comptroller to the city for the acquisition ofrights-of--way and for road construction and maintenance. H.B. 1281 (Counts) Water and Sewer Rates: would: (a) limit the authority of a water or sewer utility that operates multiple systems to consolidate those systems in a single tariff by restricting the total number of such systems to 20, by requiring that the systems serve contiguous areas or are interconnected, and by requiring that the systems be substantially similar in terms of facilities, quality of service, and cost of service; (b) require that tariffs relating to more than five systems provide rates that promote water conservation, (c) authorize the TNRCC and cities to adopt alternative methodologies for water and sewer rates based on factors other than rate of return, (d) provide that affiliates of utilities owning more than 50 systems that provide retail water or sewer service would be prohibited from supplying wholesale water supply service to that utility except in emergency situations and only if TNRCC finds that the utility cannot obtain wholesale water service from another source. H.13. 1285 Brinier) —Sales Taxes: would permit a city under 600,000 in population (as opposed to less than 275,000 population, as is current law) to request information from the comptroller about the amount of city sales taxes collected by large, local businesses; and would permit any city to request information from the comptroller about the amount of city sales taxes collected by any businesses which are party to the following: (1) an interlocal agreement; (2) a tax abatement; (3) a reinvestment zones (4) tax increment financing; (5) a revenue sharing agreement; (6) an enterprise zone; (7) a neighborhood empowerment zones or (8) any other similar agreement, zone, or district. H.B. 1322 (Brinier) —Billboards: would allow a city to regulate the size of a sign or billboard in a residential area, and would provide that a sign in a residential area may not be larger than 36 inches by 36 inches, ti.t�. t336 (Wilson) — Kacial Profiling: would require a police officer who stops a vehicle for traffic offense to report the age, gender, race, and ethnicity of the driver of the vehicle stopped and would require a city to maintain, compile, and report traffic stop information to the Texas Commission on Human Rights. H.B. 1337 (Green) —Bond Elections: would provide that when voters defeat a municipal bond proposal, the city may not conduct another election on a proposal that is similar to or related to the earlier bond proposal until one year has elapsed. H.B. 1341 (Keffer) — Property Taxes: would permit a person or entity appealing a property tax decision to district court to amend the petition to include new parties or claims. H.B. 1345 (Tillery) —Collective Bargaining: would eliminate the prohibition on a political subdivision entering into a collective bargaining contract with a labor organization, but would retain the provision that prohibits a state official from entering into a collective bargaining contract. H.B. 1354 (Noriega) — Municipal Courts: would allow a municipal court judge to require a defendant who is granted deferred adjudication to make a one-time payment, not to exceed $10, to a crime stoppers organization. t1.1i. 1362 (Goodman) —Dangerous Wild Animals: would require a city or county with authority over areas where dangerous wild animals are kept to create, an "Animal Registration Agency;" would authorize the agency to issue, reissue, deny, and revoke certificates of registration, and to collect fees associated with the registration of the specifically identified animals or any hybrids of the animals; would give cities or counties the right to sue to collect civil penalties, which would be retained by the city or county, and the right to recover the reasonable cost of investigating violations, attorneys fees, and expert witness fees incurred in a Ni vil trial; would not prohibit cities from regulating the ownership, possession, confinement, or ,are of dangerous wild animals, but would require cities to adopt an ordinance or order to implement and administer the certification program by December 1, 2001. (Note: this bill is similar to S.B. 235.) H.13. 1370 (Pickett) —State Infrastructure Bank: would allow a city to borrow funds from the state infrastructure bank without issuing bonds or other obligations. 5 4� j H.B. 1371 (Denny) — Extraterritorial Jurisdiction (ETJ): would allow certain small cities situated in or adjacent to a populous county to have an ETJ of one mile, except that such ETJ may not extend into the existing ETJ of another city. (Companion bill is S.B. 541.) H.B. 1379 (Dunnam) — Uniform Electronics Transaction Act: would create new statutory provisions governing the use of electronic records and signatures and would provide that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. H.B. 1380 (Coleman)— Public Information: would exempt from the Public Information Act certain information that reveals or tends to reveal the identity of a victim of violence or threatened violence. H B 1381 (Dunnam) — License Plates: would allow for the issuance of "City Official" license plates for elected municipal officials. HeBe 1385 (Capelo) — Bonds: this bill is the same as S.B. 565, below. H.B. 1388 (J Moreno) — Civil Service: would include "fire arson investigation" employees under civil service in a city covered by Chapter 143 of the Local Government Code (local option police/fire civil service). S.B. 381 (Shapleigh) — Public Information: would require the Texas Attorney General to provide a statewide, toll -free number through which citizens could contact the open records division of the attorney general's office, and would require a city to post the telephone number and a brief description of the open records division's function at the same place that the city posts its notices for an open meeting. S*Be 427 (Lucio) — Mandated Health Benefits: would provide that health benefit plans, including intergovernmental risk pools, must provide coverage for autism and "pervasive development disorders." S.B. 480 (Duncan) — Economic Development: would add "telecommunications infrastructure" to the list of projects that can be undertaken by economic development corporations. (Companion bill is H.B. 925.) S B 485 LWest) —State Agency Rule -Makin: would require a state agency, before giving notice of intent to adopt a rule, to: (1) ensure that the rule is consistent with the legislative intent of the law implemented or enforced by the rule; (2) inform each sponsor of a law that affects the law under which the rule would be adopted of the proposed rule and the time and place of any public hearing or informal conference; (3) invite the legislator to be a member of any advisory committee appointed in connection with the rule, and (4) include in a final order adopting a rule any comments received by the legislator. S.B. 509 (Moncrief) —Building Permits: would amend the Texas Asbestos Health Protection Act, Article 4477-3a, to provide that a city may not issue a building permit to renovate or demolish a public building until after the applicant for the permit provides evidence that an asbestos survey of the building has been completed by a person licensed to perform such surveys. (Companion is H.B. 1278.) S.B. 510 (Armbrister) —Alternative Procurement and Delivery Methods: would allow cities to use competitive bidding, competitive sealed proposals, adesign-build contract, a construction manager, or job order contracting for the construction or maintenance of a public facility; would define "public facility" as a building intended for human habitation and office use, but would exclude highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, electric generation or distribution facilities, or drainage projects. S.B. 511 (Sibley) — Plumbing Code: would require the State Board of Plumbing Examiners to adopt the International Plumbing Code and the Uniform Plumbing Code, would eliminate adoption of the Southern Standard Plumbing Code and the National Standard Plumbing Code, and would require plumbing in an area not otherwise regulated under the Plumbing License Law (Art. 6243401) to be installed in accordance with one of those two codes. A city would be allowed to adopt any nationally recognized model plumbing code. (Companion bill is H.B. 217.) S.B. 517 (Lucio) —County Subdivision Regulations: would allow a county that is located within 50 miles of an international border to regulate land development in the unincorporated area of the county, and would provide that a municipal ordinance prevails within the city's extraterritorial jurisdiction to the extent of any conflict with a county regulation. S.B. 522 (Armbrister) —Texas Municipal Retirement S sy tem: this bill is the same as H.B. 1043, above. S.B. 528 (Sibley) —Hotel Occupancy Tax: would provide that: (a) any entity that spends hotel occupancy tax revenue or that is funded by such revenue must, before making an expenditure, specify in a list the activity or event that is funded by the tax and directly promotes tourism and hotel and convention activity; and (b) events or activities can be added to the list at any time. (Companion bill is H.B. 1022.) S.B. 530 (Bernsen) —Property Taxes: this bill is the same as H.B. 1100, above. S.B. 537 (Lucio) —Manufactured Housing: would allow a city to require a permit, bond, fee, or license, in addition to that required by state law, for the movement of a manufactured home within the city. S.B. 541 Shapiro) —Extraterritorial Jurisdiction: this bill is the same as H.B. 1371, above. S.B. 544 (Brown) —HMOs: would generally require an HMO, under its basic health care services, to include periodic health evaluations for each adult enrollee. S.B. 545 (Brown) —Overweight Vehicles: would: (a) raise the fees that operators of overweight vehicles must pay to the state, and (b) require that the operators obtain approval of the county judge to operate in any county. S.B. 547 (Sibley) —Sales Taxes: would exclude the following fees from the taxable sales price of telecommunications services, provided the fee is passed through to the purchaser and is listed as a separate line item on a bill: (1) the utility gross receipts assessment; (2) the state universal service fund assessment; (3) the federal universal service fund charge; (4) the state telecommunications infrastructure fund charge; and (5) city franchise or right -of --way fees assessed under Chapter 283 of the Local Government Code. (Note: this bill is similar to H.B. 1025) S.B. 559 (Madla)— Open Meetings: would provide that a committee, subcommittee, or other similar entity that is created by a municipal governing body shall be covered by the open meetings law if a majority of members of the committee, subcommittee, or similar entity are members of the municipal governing body, and if the entity engages in deliberation. S.B. 563 (Armbrister) —Asset Forfeiture: would provide that in a criminal asset forfeiture proceeding, an owner or interest holder's interest in property may not be forfeited if that person was not a party to the offense and the contrabond in question was either stolen from the owner or interest holder or was purchased with money or property stolen from the owner or interest holder. S.B. 565 (Armbristerl —Bonds: would change the law regarding the creation, validity, and priority of security interests in municipal and other governmental securities such as bonds. (Companion bill is H.B.1385.) a.n. � t i i,ts>Ivms► -Graduated Driver Licensing: would create additional requirements, mcludmg a new "intermediate license," for a young person to advance from an instruction permit to a standard driver's license. S.B. 588 (Lindsay) —Cultural Education Facilities: would amend the Cultural Education Facilities Finance Corporation Act, Article 1528m V.T.C.S., to allow a city that creates a corporation to limit the corporation's purposes and the type of cultural facilities that the corporation may finance. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. '�� t, s ��. ;� t Executive Director -Frank Sturzl General Counsel -Susan Horton Director of Legislative Services - Shanna Igo legislative Associate -Snapper Carr for further information contact the TML legislative Services Department 1821 Rutherford lane, Suite 400, Austin, Texos 78754-5128 (512) 719.6300, Fax (512) 719-6390 MONTHLY REPORT SANGER PUBLIC LIBRARY JANUARY 2001 ACTIVITIES Submitted by Victoria Elieson HIGHLIGHTS: A fiber optic connection to the Sanger Independent School District was completed. The computers from the Gates Foundation were set up and networked. The library now has five public access computers. All are connected to the Internet. The four Gates Foundation computers also have wordprocessing, an encyclopedia, Office 2000 and 18 children's programs. ADMINISTRATION: Meetings attended: Denton County Library Advisory Board, 1/18, Pilot Point Interview with the Denton Benefit League, 1 /23, Denton; the Friends are asking them for funding to microfilm the Sanger Courier. Gates Foundation workshop, 1/24, Plano TIF Tech Training, 1/25, Dallas, attended by Lynne Smiland CIRCULATION: Deleted the records of patrons whose cards expired in 2000. COLLECTION: Deleted records of books and other items that were due in 1997. Took afresh group of books to the Senior Center. PUBLIC RELATIONS: Exhibited portraits of Sanger area people by photographer Fred Ragland. The exhibit was kicked off with a reception on January 8. PROGRAMS: A genealogy program entitled Rich"Using Military and Land Records" was presented by Kris ins. "Weather" was the Storytime theme this month. At the "Seasons" program, kids made a "paper -doll" tree that could be changed according to the season. For "Hot and Sunny", kids made a sand painting. They made a paper -plate kite for "Windy" and a rain gauge for "Rain". For the program on "Snow", they took home a Winter Coats matching game. Diane LaFon substituted at the program on "Rain" while the director was at the Gates Training. Monthly Statistic: Jan 2000 Jan 2001 BORROWER CARDS Last month 3242 3119 New cards 39 25 Cards withdrawn 617 587 Cards reactivated 8 10 TOTAL 2672 2567 CIRCULATION Adult Nonfiction 420 238 Nonfiction Videos 36 15 Adult Fiction 148 178 Interlibrary Loan 5 8 Misc. Uncataloged 302 295 Junior Biography 4 2 Junior Fiction 71 99 Children's Nonfiction 166 171 Children's Fiction 295 269 Paperback Fiction 263 159 Videos 279 252 Video Players 0 1 Audio Tapes 45 64 TOTAL 2034 1751 INTERNET USERS 105 147 PROGRAMS Children's Programs 8 7 Children Attending 225 76 Adults Attending 42 22 Other Programs 4 1 Number Attending 7 9 VOLUNTEERS Number of Adults 4 2 Number of Juniors 6 7 Number of Hours 51 51 COLLECTION Last Month 15425 15626 Books Added 85 97 Books Withdrawn 133 109 Total Books 15377 15614 Paperback Fiction 2563 2562 Video Materials 602 598 Audio Materials 208 227 TOTAL COLLECTION 18750 19001 REVENUE Fines $149.90 $160.10 Copies $42.15 $18.30 ILL Postage $6.32 $7.19 Lost Materials $3.00 $23.90 New Cards $3.75 $1.50 TOTAL $205012 $210,99 FRIENDS OF THE LIBRARY Quarterly Financial Report 10/1/00 - 12/31/00 Beginning balance: $4,689.2V Deposits: 40.00 580.00 200.00 Total:$820.00 Checks: 263 Baker &Taylor 30.52 memorial 264 Spanish Book Dist. 347.O1 " 265 Baker & Taylor 15.44 Burrus 266 Star Books 26.90 memorial 175 City of Sanger 10.00 Total: 429.85 Ending Balance: $5,079.39 a IL H O 40 �p �'= Ntaq Q4) c �� ap o 0 .�� y v 3 °,a) a).L. cd cv ° o°°� z��03 = x.� o powL. .o , CU CA 3 ta0 a� p :0� `z ° fRTM4 AaN 3°o u 0� o. .0.c,�.x.0 o Cob4 v~ N ..no cv0 4 ,•�cvUwucz a0 0a 0O � . oo•PC NLw �'o U Cl.O o � Q� v�wai 4) p o 0 ° d olo.ocv a t cv� of0 0" 0� 0° °�cv aoa a� on,.t+ v f0o'>44044 roCl v ��w aCTS 0 aca i oUnn a 0 N f� v 0 p 'c U U 0 N U «S ° '.0 ° U 0 cv r3 3 0 o dp U .N y o o o �, o a� A y m i,.'c� cv �' ... O 'v� p. U O 0� 0 �, U,,, 0 O as CZ .� N cv N cv ,� E�cOv ucocNv°A.C7 ��.�•�°x �CO U3x U�oxU 0a0i c°�,ovaiU.a°iooa0i.a o tao a. wo tap o co . .0 0 O �NO E 4� • � Ems. LO � GO U C" °0 co 0 en 41 p U U U > ~ U 0 ovc�aocn co O cni O OCcz .� cz 04 O [ a cisL4 U N O U [ C 04 N O co p .� ccz cz co >,�3�ycri�"oO�".� �. czz�L c7a E NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. H. Louis Nichols E-Mail: hinichols@njdhs.com Mr. Jack Smith City Manager City of Sanger 201 Bolivar Street P.O. Box 1729 Sanger, Texas 76266 Dear Jack: Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax (214)965-0010 E-mail NJDHS@NJDHS.com February 15 2001 ROBER I L. DILLARD, JR. H. LOUIS NICHOLS LAWRENCE W. JACKSON OF COUNSEL Due to the rising costs of personnel, technology, benefits, and other overhead items, we Find it necessary to increase our hourly rate for legal services performed for the cities we represent to $130.00 per hour, in your case from the current $110.00 per hour. This increase will be effective on March 1, 2001. We have not increased this hourly rate to most cities since 1991, even though the average increase in the Consumer Price Index has been 2.5% annually. We have found through a recent survey done of other Firms practicing municipal law in this area that our hourly rate currently is, and will remain, well below the hourly rate for similar work in the Dallas/Ft. Worth metropolitan area, which ranges from a high of $225 per hour to a low of $140 per hour. We certainly intend to continue to give the City high quality, responsive service. We believe this increase will enable us to continue to do so and to employ first rate support personnel and technology to make us more efficient. As usual, if you have any questions or comments at ali about this, I would appreciate a call. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P. By: 38700