12/18/2000-CC-Agenda Packet-Regular. AGENDA
CITY COUNCIL
MONDAY, DECEMBER 18, 2000
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: December 18, 2000
b) Disbursements
3. Citizen's Input.
4. Consider and Possible Action Regarding a 'Coning Request Change from Agriculture
to SF3 (Single Family 3)on property legally described as Abstract 1024 R. Prather
Survey, Part of Tract 2 & 3, being a total of 12.25 Acres. Property is located off of FM
455.
5. Consider and Possible Action Regarding Pay for the Volunteer Fire Department.
6. Consider and Possible Action Regarding the Interlocal Agreement Between Denton
County and the City of Sanger to Reconstruct Rising Star Road.
7. Consider and Possible Action on Resolution #12-29-00 -Setting Date and Time and
Place for Public Hearings on Proposed Annexations,
8. Consider and Possible Action Regarding Ordinance #12-28-00 -Annexing Property
Legally Described as:
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 65A, 35.000 ACRES, AND
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 64A, 23.440 ACRES, OF
WHICH 14.35 ACRES ARE ALREADY IN THE CITY.
9. Any Other Such Matters.
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 City Secretary's office at (940) 458-7930 for further information.
MINUTES: CTTY COUNCIL
DECEMBER 4, 2000
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 Rose Chavez,
Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Patricia
Adams, Jack Richardson, Randy Sliger, Shelley Ruland, Scott Wilson, Jonna
Wilson, Grace Garza
1. Mayor called meeting to order, and led the invocation, Councilman Waggoner led the
Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: November 20, 2000
November 27, 2000 - Special Called
b) Disbursements
Councilman Ervin moved to approve the consent Agenda as presented. Councilman
Garza seconded. Motion carried unanimously.
3. Citizen's Input.
None,
4. Conduct Public Hearing to Consider a Zoning Request Change from Agriculture to SF3
(Single Family 3)on property legally described as Abstract 1024 R. Prather Survey,
Part of Tract 2 & 3, being a total of 12.25 Acres. Property is located off of FM 455.
Public Hearing opened.
No Discussion.
Public Hearing closed.
5. Consider and Possible Action Regarding a Zoning Request Change from Agriculture
to SF3 (Single Family 3)on property legally described as Abstract 1024 R. Prather
Survey, Part of Tract 2 & 3, being a total of 12.25 Acres. Property is located off of FM
455.
Councilman Higgs moved to accept the zoning request. (Motion died for lack of second)
Councilman McNeill asked to discuss the property being that it belongs to Bolivar
Water's CCN.
Discussion regarding the property, and how it should be handled with Bolivar Water,
Shelley Ruland indicated they were looking at putting 50 lots on 12 acres, she felt it
would be a problem to sewer also. Expressed development costs would be extremely
high.
Councilman Garza asked about finding out what these things will cost before we bring
them into the City.
Discussion regarding the possibility of passing the cost onto the Developer.
Mayor tabled the item, and asked staff to ask them to come to the meeting and talk to
the Council regarding Bolivar Water.
6. Consider and Possible Action on the Interlocal Cooperation Agreement for Library
Services with Denton County.
City Secretary indicated this is basically the same as last year.
Councilman Higgs moved to approve the Agreement. Councilman McNeill seconded.
Motion carried unanimously.
7. Consider and Possible Action Regarding Possibly Appointing the Law firm of Hayes,
Coffey & Berry to Provide Legal Services to the City of Sanger on an as needed basis.
Patricia Adams,1710 Westminster in Denton, with Hayes, Coffey &Berry, addressed
the Council indicating they had submitted a proposal to the City. They provide legal
services to about 8 other cities.
Councilman Higgs expressed concerns regarding possible conflict because they
represent North Shore Water Supply.
Discussion regarding how they would negotiate fees.
Councilman McNeill asked if it would be feasible to ask Mr. Smith to get a few more
references on the firm.
Mayor indicated he would talk with Jack Biggerstaff and Pilot Point.
Councilman Ervin asked if this was replacing an attorney or adding to.
Staff indicated this would be in addition to.
Mayor tabled Item for staff to obtain more references.
8. Consider and Possible Action on Ordinance 410-24-00 -Extended Hours Ordinance
(liquor)
Item cancelled. No discussion.
Mayor moved up item #14.
Presentation and Discussion on Stop Signs, Yield Signs, and Traffic Counts.
Scott Wilson, Traffic Control with the City of Denton, addressed the Council indicating
he was concerned with the safety of citizens in Sanger and how traffic devices are
installed. He gave a handout to the Council, and explained that it addressed heights of
signs and other safety issues.
Mr. Wilson went through the handout, and addressed different types of stop signs and
yield signs and some of the regulations.
Mr. Wilson addressed a few intersections that had been brought to his attention, Stop
signs at Keaton and Holt, and stop signs at David and Freese Dr. He indicated proper
schooling was important in this area. He indicated Denton uses a consultant as the
traffic engineer. Now is a good time to jump on board and address some of these
issues. If you wait to long it could become a problem. There is a traffic safety Council
in Denton, they take the complaints and hash them out before presenting it to the City
Council.
Mayor asked his opinion on the intersections in question.
Mr. Wilson indicated he felt the problem was that the signs were just installed without
an engineering study or traffic count. He felt there should be paperwork backing up
the decision.
Discussion regarding the intersection on Freese Dr.
Mr. Wilson indicated he was authorized to help with two intersections, and he would
look at these two if the Council wanted.
He referenced the Texas MUTCD (Manual on Uniform Traffic Control Devices) and
indicated this is the guideline most cities use. The ITE engineering handbook also
would be helpful.
Council indicated they would like to have the help.
Consider and Possible Action on Ordinance # 10-25-00 -Amending Food Establishment
Health Permit Fees.
City Secretary addressed this item, she indicated current costs do not cover the City's
cost.
Brief Discussion.
Councilman Ervin moved to approve Ordinance #10-25-00. Councilman Waggoner
seconded. Motion carried unanimously.
Mayor read Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 6, ARTICLE 6.503 AND APPENDIX ARTICLE 20.000 OF
THE CITY OF SANGER CODE OF ORDINANCES; PROVIDING FOR THE
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABIL,ITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
11.(10)Consider and Possible Action on Resolution #10-26-00 - Designated the Authorized
signatories for Drawdown Requests for the 2000 Texas Capital Fund Project/Walmart
Stores East, Inc.
City Secretary indicated Municipal Development Services had suggested the City
Manager and herself to be the signatories.
Councilman Higgs moved to adopt Resolution 10-26-00, Councilman Garza seconded.
Motion carried unanimously.
Caption as Follows:
A RESOLUTION OF THE CITY OF SANGER, TEXAS, DESIGNATING THE
AUTHORIZED SIGNATORIES FOR DRAWDOWN REQUESTS FROM THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR ALL OF
THE CITY'S TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS.
12.(11)Consider and Possible Action on Resolution #10-27-00 -Designating the Month of
December, 2000, as Fair Housing Month and Supporting Fair Housing Activities within
the City.
Councilman Higgs moved to adopt ResolutionCouncilman Waggoner
seconded. Motion carried unanimously.
Caption as follows:
A RESOLUTION DESIGNATING THE MONTH OF DECEMBER, 2000, AS FAIR
HOUSING MONTH AND SUPPORTING FAIR HOUSING ACTIVITIES WITHIN
THE CITY.
13.(12)Cons0der and Possible Action on Ordinance #10-26-00 -Amending Section 6(C) of the
Subdivision Ordinance Regarding the Paving Width Requirements.
City Secretary indicated this was requested at the last Council meeting to be on the
Agenda.
City Manager indicated page 80 in the packet shows what it was, and the Ordinance
shows the change.
Discussion regarding the changes. This will require all residential streets to be a
minimum of 30 feet from the faces to the curb.
Councilman McNeill moved to adopt Ordinance #10-26-00. Councilman Higgs
seconded, Motion Carried Unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 9, SECTION 6(C)(1) OF THE CODE OF ORDINANCES;
CITY OF SANGER; PROVIDING FOR THE REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
14.(13)Consider and Possible Action on Ordinance #10-27-00 - Adding a Section to Chapter
9 (Subdivisions) Referencing the Conditions in which a Street Variance may be
Granted.
Councilman Garza expressed concerns regarding that one of the requirements fo r the
variance should be that it must be a private road.
Councilman McNeill indicated it should be not less than 3.5 "gross" acres.
Councilman McNeill indicated they should add (e) The street must be considered a
private road.
Discussion regarding if they should require it to be a private road. City Manager
indicated there may be some roads the City may not mind taking.
Discussion.
Councilman Higgs moved to pass Ordinance #10-27-00 as written with the change to
(b) of gross acres.
Motion carried,Councilman Garza and Councilman Higgs voted No.
Caption:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 99 SECTION 9 OF THE CODE OF ORDINANCES; CITY
OF SANGER BY ADDING A PARAGRAPH TO BE NUMBERED 9.03; PROVIDING
FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE,
15. Consider and Possible Action Regarding the Amendment to the Participating Contract
between the City of Sanger and Upper Trinity Regional Water District.
City Manager addressed this item, he referenced the handout he had given showing the
breakdown of the wording in the packet. Section 3, equity fee, where the City agrees
to pay a one time equity fee of $69,587.00 for the '/2 million gallons of water a day
increase. The equity fee is the charge that Upper Trinity does for each million gallons
a day used. Eddie has budgeted an increase in the gallons per day, on usage and
demand charge, also the equity fee and facilities charge. His $137,000.00 will cover
those three charges.
Discussion regarding the fees.
Councilman McNeill asked what was the maximum take this year from Upper Trinity.
C0ty Manager indicated it was up to 3/4 million per day.
Councilman Higgs moved to approve the amendments to the Upper Trinity Regional
Water District Contract. Councilman Garza seconded, Motion carried unanimously.
16. Consider and Possible Action on Resolution #12-28-00 -Approving and Supporting
Amendments to Upper Trinity Regional Water District Legislation.
City Manager addressed this item. He indicated there were three items that would
change. 1. Membership rules, 2. Member consent for eminent domain, 3. Storm
Water/Wastewater programs.
City Manager recommended approval.
Councilman Ervin moved to approve Resolution #12-28-00. Councilman Garza
seconded. Motion carried unanimously.
17. Any Other Such Matters.
a) Councilman Ervin asked where they were on the dirt for Railroad Park.
City Manager indicated it was too wet to haul.
John Henderson indicated there was still a lot to do.
b) Councilman McNeill asked if any of the Council was interested in selling or leasing
the electric company. Council indicated they were not. Council asked City Manager
to cease discussion on this.
c) Mayor asked where they were at on hiring a Superintendent.
City Manager indicated they were in the interview process with an applicant they
would bring before the Council after the It of the year.
d) City Manager indicated Saturday was Holiday in the Park, the Electric Department
and Johns department pulled extra hours and worked really hard to make it nice.
e) Councilman Higgs asked if it was put in stone that CoSery was going to get Sable
property, also asked if there were any engineering studies back for the sewer on the
school.
Discussion regarding CCN's and tap fees.
f) Councilman McNeill asked about the CDD, and whose CCN it was in. It is in
Bolivar's and Green Springs'. Discussed how that would be handled.
Discussion regarding sewer for the school.
18. Meeting Adjourned.
12/14/2000 4,59 PM
VENDOR SET, 99
F 001 GENERAL FUND
DELuARTMENT; la MAYOR & CITY COUNCIL
REGULAR DEPARTMENT PAY14ENE REGISTER
PAGE: I
UENDOR idRME ITEM � GlL RCCOUNT NAME DESCRIPTION CHECn4 AMOUN'P
9943400 SANGER PRINTING C014PAIIY I-17644 001-10-5210 OFFICE SUPPLI NAME PLATES 000000 9,0a
DEPRRTMENT 10 MAYOR &CITY COUNCIL, TOTALo
9.aa
12114111000 4:59 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 2
VENDOR SET: 99
F 001 GENERAL FUND
DEt1ARTMENT: 15 ADMINISTRATION
VENDOR NAME ITEM 0 GIL ACCOUNT NAME DESCRIPTION CHECKS AMOUNT
99-00180 VERIZON WIRELESS I-33470 001-15-5510 TELEPHONE SER PAGERS 000000 16,62
99-01920 NICHOLSI JACKSON, DILLA I-33462 001 15-5425 LEGAL SERVICE BOL`iVAR WATER,PBONE CONFERENCE 000000 629.
99-02300
SANDER COURIER
I-11433
001-15�5230
ADVERTISING
LEGAL NOTICES
000000
192,50
99-03280
US METRO
I-33469
001-15-5510
TELEPHONE SER
METRO LINE
000000
47430
99,-03400
SANGER PRINTING COMPANY
.I-17647
001-15-5210
OFFICE SUPPLI
24 REGULAR ENVELOPES
000000
49090
9945110
BOARD OF TAX PROF EXAMI
I-33397
001-15-5235
DUES AND REGI
RENEWAL
000000
50,00
99-05330
TX STATE DIRECTORY PRES
I-33464
001-15-5235
DUES AND REGI
2001 EDITION
000000
16.22
99-08220
TX CITY MANAGEMENT ASSO
I-33465
001-15-5235
DUES AND REGI
SUBSCRIPTION
000000
15$00
DEPARTMENT 15 ADMItdiSTRATION TOTAL: 1,011,29
12/14/2000 4:59 P11 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3
VENDOR SET: 99
F' : 001 GENERAL FUND
HvaRTMENT: 20 POLICE
VENDOR NAME ITEM 9 GlL ACCOUNT NAME DESCRIPTION CRECK9 AMOUNT
99-00180 VERILON WIRELESS I-33410 001-20-5525 PAGERS PAGERS 000000 191.27
94 01800 NUIR AGEIICY1 INC. 133398 001 20 51.35 DUES AND REGI 2 NOTARY BOND 000000 142.00
99-03530 JAMES WOOD AUTOPARK, IN I-134861 001-20-5325 R & M 140TOR V 1 FUEL PURP 000000 83.35
99-05420 SANGER AUTO PARTS I-38226 001-20-5325 R & 14 MOTOR V DISC BRAKE SET 000000 40.52
9948210 KWIK KAR I-33365 001-20-5325 R & M 140TOR V STATE INSPECTION 000000 12.50
DEPARTMENT 20 POLICE TOTAL: 415.64
v________________________________-__--__-___---__.____-_____________________________________________m____________..-__m_____e_ad___®
12/14/2000 4;59 PM
VENDOR SET; 99
F 001 GENERAL FUND
DEPARTMENT, 22 ANIMAL CONTROL
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE; 4
VENDOR NAME ITEid � GIL ACCOUNT NAME DESCRIPTION CHECKS AMOUNT
99-00450 BURRUS I-33352 001-22-5223 CHEMICAL SUPP 12 GAL BLEACH,SPRAY BOTTLE 000000 17,09
DEPARTMENT 22 ANIMAL CONTROL TOTAL; 11,09
1211412000 4;59 PM
VENDOR SET; 99
F ; 001 GENERAL FUND
DEPARTMENT, 24 FIRE DEPARTMENT
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE; 5
VENDOR NAME ITEM � GIL ACCOUNT NAME DESCRIPTION CRECK� AMOUNT
9940180 VER'I20N WIRELESS I-33470 001-24-5525 PAGERS PAGERS 000000 14,28
99-00580 CINTAS COPR, 4492 I-49266629 001-24-5310 R A M BUILDIN TONELS,FENDER COVER,MOP 000000 16,24
9940580 CINTAS COPR, 4492 I-49266829 001-24-5310 R 6 M BUILDIN TONELS,FENDER COVER,MOP 000000 16,20
99-02190 RITE-4IELD I-992909 001-24-5375 MINOR EQUiPME MEDICAL OXYGEN 000000 32,00
99-02970 VIKING OFFICE PRODUCTS I-865200 001-24-5210 OFFICE SUPPLI LABEL MACBINE,TAPE 000000 115438
994a600 MIOURE MEDICAL CORP, 1-917Z810 001-24-5375 RINOR EQUIPH DISPOSABLE AIRWAY,G'1LOVE5 000000 i45,90
DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 340.00
12/14/2000 4159 PM REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET; 99
F ; 001 GENERAL FUND
DEPhRTMENT: 28 ENFORCEMENT/INSPECTION
PAGE. 6
VENDOR NAME ITEM 4 G/r ACCOUivT NAi�E DESCRIPTION CRECK4 AMOUNT
99-00180 VERIZON WIRELESS I-33470 001-28-5525 PAGERS PAGERS 000000 14.29
99-06140 OFFICE MAX
132968 001 28-5210 OFFICE SOFFIT DISK5,PAPER
D00000 14,9E
DEPARTi��EidT 28 ENFORCEMENT/INSPECTION 'TOTAL. 89,'l5
12/14/2000 4459 PM
VENDOR SETi 99
F , 001 GENERAL FUND
DkeARTMENT; 30 STREETS
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE. 7
VENDOR NAME ITEM # GIL ACCOUNT NAME DESCRIPTION CRECK� AMOUNT
99a00180 VERIZON WIRELESS I-33470 001-30-5525 PAGERS PAGERS 000000 12463
99-00390 BILL UTTER FORD, INC. I-119114 001-30-5325 R & M MOTOR V COOL ASSEMBLY 000000 32,53
99-00800 CoServe Electric I-33468 001-30-5515 ELECTRIC & GA CoServe Electric 000000 172642
99-03010 WEBB AUTO PARTS I-1181 00I-30-5325 R & MM ROTOR V OIL & AIR FILTER 000000 13695
17�;PAR'1'P��EN'1' .i@ ti'1E�E`1'S i0'i'AL; 13i,53
12/14/2000 409 PN
VENDOR SET; 99
► : 001 GENERAL FUND
DEYARTMEM 32 PARKS
REGULAR DEPAR'P14ENT PAY14ENT REGISTER
PAGE, 8
VENDOR MANE ITEM � GI% ACCOUNT NAME DESCRIPTION CHEOK�AMOUNT
99-00180 VERIZON WIRELESS I-33470 001-32-5525 PAGERS PAGERS 000000 12.63
UEPARTIIENT 32 PARKS TOTAL; 12.63
12/14/2000 4:59 PM REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET: 99
F : 001 GENERAL FUND
DEPARTMENT: 36 VEHICLE MAINTENANCE
PAGE: 9
VENDOR NAME ITEM GIL ACCOUNT NAME DESCRIPTIOPd CHECK# AMOUNT
9940580 CINTAS COPR, 4492 I-49266629 001-36-5265 CLEANING SUPP TONELS,FENDER COVER,MOP 000000 8.12
9940580 CINTAS COPR. 9492 I-49266829 001-36-5265 CLEANING SUPP TONELS,FENDER COVER,MOP 000000 8.10
99-01I10 HOLLINGSNORTH MFG CO IN I-33401 001-36-57.45
99-01900 JOHN O'KEEFE
I-42481 001-36-5245
MECHAIIIC SHOP ANGLE
fbi�i��i�I1 M 9
000000 15.00
000000 92,25
DEPARTMENT 36 VEHICLE MAINTENANCE 'TOTAL: 73.41
_________________________________________________________________________________..____________________________
112/14/2000 4;59 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 10
VENDOR SET: 99
F : 001 GENERAL FUND
DEPARTMENT; 42 Library
VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK A140UNT
9M0230 AMERICAN LIBRARY PREVIE I-2520617 001-42-6050 BOOKS 7 BOOKS 000000 101,27
99-00450 BURRUS I-33433 001-42-6050 BOOKS 10 VIDEO TAPES 000000 99090
99-02120 QUILL I-2585466 001-42-5210 OFFICE SUPPLI ENVELOPES,COPIER DRUR,STAPLES 000000 18849B
99-02120 QUILL I-2585466 001-42-5210 OFFICE SUPPLI RECEIPT BOOKS,POST-IT 000000 61,79
99-03070 WORLD ALMANAC EDUCATION I,-265314 001-42�6050 BOOKS ALMANAC 000000 10,25
9944570 HASTINGS I-33434 001-42-6050 BOOKS 9 VIDEOS 000000 13MI
99-06790 DIAMOND LAKE BOOK CO I-10464 001-42-6050 BOOKS 6 BOOKS 000000 98.18
DEPARTMENT 42 Library TOTAL: 694,28
12/14/2000 4:69 PM
VENDOR SET: 99
001 GENERAL FUND
DEPARTMENT: 60 Property Tax
REGULAR DEPART4EN1 MIM I REGISTER
PAGE: 11
VENDOR NANE TTE�4 G/L ACCOUNT NAi4E DESCRIPTION CRECCt ANOUPIT
99-00740 DCAD I-33463 00140-6420 CONTRACTUAL S 1ST QTR ALLOCATION 000000 1160432
DEPARTI9ENT 60 Property Tax TOTAL: 1,604.02
VENDOR SET 001 GEidERAL FUND
TOTAL: 4,564,20
12114tim 4M PM
VENDOR SET: 99
F : 008
DEPARTMENT: NIA
ENTERPRISE FUND
NON -DEPARTMENTAL
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE; I
VENDOR NAME ITEM 1 Gli ACCOUNT NAME DESCRIPTION CHECKf AMOUNT
9945290 RED 44ING 133396 00840-2I11 A1P UNIFORM,T 2PR BOOTS 000606 31.4.42
DEPARTMENT NON -DEPARTMENTAL TOTAL: 314.42
___________e_-- -_____________________________________________________________.m_______-_____________________________________________
12/14/2000 4 M PM REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET; 99
008 ENTERPRISE FUND
Dhi,A�RTMENT: 10 Mayor and City Council
PAGE; 13
t�ENDOR NAME ITEi4 # GlL ACCOUNT NAME DESCRIPTIGN CRECK# AMOUNT
99-03400 SANGER PRINTING COMPANY I-11644 005-10-6210 OFFICE SUPPLI NAME PLATES 000000 9,00
DEPARTNEPIT 10 Mayar and City Council TOTAL; 9.00
12/14/2000 4:59 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 14
VENDOR SET; 99
F I
4 008 ENTERPRISE FUND
DEPARTMENT; 15 Administration
VENDOR NAME ITEM # G/L ACCOUNT NA14E DESCRIPTION CHECK# AMOUNT
9940180 VERIZON WIRELESS I-33470 008-15-5510 TELEPHONE SER PAGERS 000000 16.62
99-01920 NICHOLS, JACKSON, DILLA I-33462 008-15-5425 LEGAL SERVICE BOLIVAR tKATER,PHONE CONFERENCE 000000 629.75
99-02300 SANGER COURIER I-11433 008-15-5230 ADVERTISING LEGAL NOTICES 000000 192.50
99-03280 US METRO I-33469 008-15�5510 TELEPHONE SER METRO LINE 000000 47.30
99-03400 SANGER PRINTING COMPANY I-17647 008�15�5210 OFFICE SUPPLI 24 REGULAR ENVELOPES 000000 49,91
9945330 TX STATE DIRECTORY PRES I-33464 008-15-5235 DUES & REGIST 2001 EDITION 000000 16.23
99-08220 TX CITY MANAGEMENT ASSO 1-33465 008,-15�5235 DUES & REGIST SUBSCRIPTION 000000 i_5.00
DEPARTMENT 15 Adr�linistratiocl TOTAL; 967.31
___..____..___________ ____________________ ___________________________________..______________________
12/14/2000 4:59 PM
VENDOR SET: 99
008 ENTERPRISE FUND
DEPARTMENT; 19 Data Processing
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: I
VENDOR 11A14E ITEC�: # G11, ACCOUNT NAMB DESCRIPTION CHECKS A110UIdT
99-03400 SANGER PRINTING COMPANY I-17634 008-19-5205 DATA PROCESSI PRINTER CARTRIDGES 000000 43,95
99-03400 SANGER PRINTING COMPANY 1-17636 008-19-5205 DATA PROCESSI BACKUP TAPES 000000 79,75
DEPARTMENT I9 Data Processing TO'TAI,:
123,70
12/14/2000 4:59 PM
VENDOR SET: 49
F : 008 ENTERPRISE FUND
DEPARTMENT: 36 Vehicle Maintenance
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: i6
VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT
99-00580 CINTAS COPR. #492 I-49266629 008-36-5265 CLEANING SUPP TONELS,FENDER COVER,MOP 000000 8.12
99-00580 CINTAS COPR, 4492 I-49266829 008-36-5265 CLEANING SUPP TOWELS,FENDER COVER,MOP 000000 8.10
99-01110 HOLLINGSGdORTH 1aFG CO IN I-33401 008-36-5245
99-07400 JOHN O'KEEFE
I-42481 008-36-5245
iECHANIC SHOP A1�GLE
MECHANIC SHOP PULLER
000000 15.00
000000 42.25
DEPARTMENT 36 Veftiele Maintenance TOTAL: 13.47
12114/2000 409 PM
VENDOR SET: 99
000 ENTERPRISE FUND
DsPRRTMENT: 50 hater
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 11
VENDOR NA}dE ITEM � GIL ACCOUNT NAME DESCRIPTION CRECK� AMOUNT
9940050 CONLEY SAND & GRAVEL I-33484 448-50-5360 R & M OTHER FLEX,SAND 000000 11098,90
99-40180
VERIZOid
NIRELESS
I-33414
448-54-5525
99-00190
DENTON
CO
BUILDERS
SUPP I-38409
008-50a5364
99-00190
DENTON
CO
BUILDERS
SUPP I-38424
008-50-5360
99-41254 INTERSTATE BATTERIES I-28042914 048-50-5325
99-42158 `1'NRCC
99-03014 GIEBB AUTO PARTS
99-45424 SANGER AUTO PARTS
99-41864 ACT PIPE SUPPLY, i1dC
99-01860 ACT PIPE SUPPLY, INC
1-33446 448-54-5335
t-1181 048-54-5325
I-37999 408-50-5325
I-321332
448-54a5312
1327332
008-50-5372
PAGERS PAGERS 404044 11,14
R
&MOTHER
INSULATION
000440
29.68
R
& R
OTHER
DUCT TAPE
000000
1.98
R & M ?dOTOR V BATTERY 444044 42,95
PtStf�di2 hEES 43A'i'ER SYS'iEr4 H'EE 444444 i, 44 i .55
R & M MO"i0R V OIL & AIR FILTER 040040 2,00
R & M MOTOR V DISC BRAKE SET,OIL SEAL 044444 47,16
HATER
METER
&
12 METERS
400440
458,64
KATER
METER
&
6 CONCRETE METER BOXES
000000
222,00
DEPARTIdENT 54 dater TOTAL: 3,429,24
12/14/2000 4:59 PM REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET: 99
F : 008 ENTERPRISE FUND
DEPARTMENT: 52 Waste Rater Collection
PAGE: 18
VENDOR NAME ITEM � GlL ACCOUNT NAME DESCRIPTION CEIECK� AiROUPdT
9942260 SAS TELEMETRY I-1555 008-52-5420 CONTRACTUAL S REPAIR LIFT STATION COWLING 000000 1,516,50
DEPARTMENT 52 Taste Water Collection TOTAL: 1,516,50
12/14/2000 4159 P14 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19
VENDOR SET; 99
008 ENTERPRISE FUND
DEPARTMENT: 54 Waste Water Treatment
VENDOR NAME ITEM 4 G1L ACCOUNT NAME DESCRIPTION CRECK9 AMOUNT
9940800 Coserve Electric T-33468 008-54-5515 ELECTRIC 6 GA CoServe Electric 000000 311,21
9942150 TNRCC I-42381 008-54-5335 PERMIT FEES WQ ASSESSMENT FEE 000000 841,50
99-03060 WILLIAMS WASTEWATER LAB I-101336 008-54-5210 LABORATORY 8U 14011THLY TESTS 000000 525,00
9945420 SANGER AUTO PARTS I-38226 008-54-5325 R A 14 MOTOR V 8 SPARK PLUGS 000000 11,92
DaPA1t'I'l4EN'i` 54 �iaste Water 'Treatment 'r0'I'AL: i,689,63
12/14/2000 4,59 PR
VFIIDOR SET, 99
1 : 008 ENTERPRISE FUND
DEPARTMENT: 58 Electric Department
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE; 20
VENDOR NAME ITEl4 GIL ACCOUNT NAi4E DESCRIPTION CHECKS AMOUNT
99-00180 VERIZON WIRELESS I-33470 008-58-5525 PAGERS PAGERS 000000 111619
99
00390
BILL UTTER FORD, INC,
1119266
008
58-5325
99-00790
DENTON CO BUILDERS SUPP
I-38196
008-5B-6020
99-0I320 J,L, MATTHEWS CO., INC, i-55923 008-58-5260
99-01510 LOWE'S COMPANIES, I1dC. I-33341 008-58-6020
9942300 SANGER COURIER I-11433 008-58a5450
99-02300 SANGER COURIER I-11433 008-58-5450
99-02690 TECHLINE
I-33019 008-58-6020
99-02130 TEXAS METER � DEVICE Ia23150 008-58-5355
ft & M MOTOR V DOOR HANDLE 000000
IMPROVEMENTS 14ATERIAL FOR HOLIDAY LIGHTS 000000
SAFETY EQUIPM LEATHER DRIVERS GLOVES 12PR 000000
IMPROV6MBPITS 14AT6RIAL FOR CHRISTMAS LIGHTS 000000
ECONOMIC
DEVB
NOVEMBEft SPORTS PAGE
000000
ECONOMIC
DEVE
LEGAL NOTICES
000000
IMPROVEMENTS 7 24' FIBERGLASS POLES 000000
METER I�AINT&N 12 TEST £� REPAIR SINGLE PHASR 000000
5,25
1,37
61.90
206,10
50,00
11.2650
3 486,00
192,00
99-03010 WFBB AUTO PARTS I-1181 008-58-5325 ft & M MOTOR V OIL & AIR FILTER 000000 15,10
99-03020 WESCO I-164641 00B-58-6020 IMPROVEMENTS 1000 TRAY CABLE 000000 398,00
13020 WESCO I-766136 008-58-6020 IMPROVEMENTS 617' PRIMARY WIRE 000000 654,02
3020 WESCO I-168138 008-584020 IMPROVEMENTS 20 PHOTO CELLS W/ BRACKETS 000000 180400
9943640 PRO STITCH I-33344 008-58-5255 WEARING APPAR 17 NAMES & LOGOS 000000 91,15
9944000 RED KAP INDUSTRIES I-36540800 008-58-5255 WEARING APPAR 17 FLAME RETARDANT SHIRTS 000000 816.16
99-08230 RELIABLE OFFICE SUPPLIE I-ZDF78100 008-58-5210 OFFICE SUPPLI MONTHLY MINDER,BLACK INK FAX 000000 43,22
DEPARTMENT 58 E12ett1c Department TOTAL; 1,044,36
VE1dDOR SET 008 ENTERPRISE FUND TOTAL:
REPORT GRAND TOTAL:
15,16159
,
19,131.19
12/14/2000 4159 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE; 21
k� G!L ACCOUNT TOTAL5 ��
ANNUAL BUDGET OVER ANNUAL BUDGET OVER
YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG
2000-2001 001-10-5210 OFFICE SUPPLIES 9400 900 811,84
001-15-5210 OFFICE SUPPLIES 49190 750 519461
001-15-5230 ADVERTISING 192,50 31000 11542,66
001-15-5235 DUES AND REGISTRATION 81422 11000 465,28
001-15-5425 LEGAL SERVICES 629,75 5,000 4,007.25
001-15-5510 TELEPHONE SERVICES 63,92 41660 3,015.48
001-20-5235 DUES AND REGISTRATION 142,00 800 63330
001-20-5325 R & M MOTOR VEHICLE 136,37 12,000 10,173447
001-20-5525 PAGERS 197,27 11440 11166.71
001-22-5223 CHEMICAL SUPPLIES 17409 21000 11534,41
001-24-5210 OFFICE SUPPLIES 115,38 21150 2,622,62
001-24-5310 R & M BUILDING 32,44 4,000 31777,56
001-24-5375 MINOR EQUIPMENT 177490 13,800 12,827,46
001-24-5525 PAGERS 14,28 11200 11145447
001-28-5210 OFFICE SUPPLIES 74,96 800 588810
001-28-5525 PAGERS 14,29 225 184.43
001-30-5325 R & M MOTOR VEHICLE 46,48 1,000 21062.09
001-30-5515 ELECTRIC & GAS UTILITIES 172,42 40,000 34,324,58
001-30-5525 PAGERS 12463 400 360430
001-32-5525 PAGERS 12,63 500 460,31
001-36-5245 MECHANIC SHOP SUPPLIES 57,25 600 482,56
001-36-5265 CLEANING SUPPLIES 16,22 500 385,73
001-42-5210 OFFICE SUPPLIES 250,77 11400 909,52
001424050 BOOKS 443,51 61000 41495,95
001-60-5420 CONTRACTUAL SERVICES 11604,02 71600 41616403
008-00-2111 A!P UNIFORi,,T00LS,B00TS,EQ 314,42
008-10-5210 OFFICE SUPPLIES 9400 900 81.1,86
008-15-5210 OFFICE SUPPLIES 49.91 750 519,60
008-15-5230 ADVERTISING 192.50 3,000 1,542,64
008-15-5235 DUES & REGISTRATIONS 31423 11000 515,27
008-15-5425 LEGAL SERVICES 629,75 5,000 41007,25
008-15-5510 TELEPHONE SERVICES 63,92 41660 31015,50
008-19-5205 DATA PROCESSING SUPPLIES 123,70 41100 3,455,13
008-36-5245 MECHANIC SHOP SUPPLIES 51,25 600 457.60
008-36-5265 CLEANING SUPPLIES 16.22 500 401,93
008-50-5325 R & M MOTOR VEHICLE 92471 31500 21430,85
008-50-5335 PERMIT FEES 11441,55 51000 31558,45
008-50-5360 R & M OTHER 11136.56 50,000 22,101,70
008-50-5372 WATER METER & BOXES 680,64 16,000 14,689,89
008-50-5525 PAGERS 77,74 820 5B910B
008-52-5420 CONTRACTUAL SERVICES 11516,50 51000 31483.50
008-54-5270 LABORATORY SUPPLIES 525600 8,000 61174,81
008-54-5325 R & M MOTOR VEHICLE 11,92 1,750 1,613,38
008-54-5335 PERMIT FEES B41,50 51000 56.50- Y
008-54-5515 ELECTRIC & GAS UTILITIES 311,21 30,000 24,602,69
1211412000 4;59 PM REGULAR DEPARTMENT PAYMEi1T REGISTER PAGE; 22
°� GIL ACCOUNT TOTALS �&
_____-==-LINE ITEM--==�--��
ANNUAL BUDGET OVER
YEAR ACCOUNT NAi4E AMOUNT BUDGET AVAILABLE BUDG
008-58-5210 OFFICE SUPPLIES 43,22 2,000 1,908,80
008-58-5255 WEARIPIG APPAREL 914,5I 6,615 4,679.01
008-58-5260 SAFETY EQUIPMENT G7.90 4,250 2,913.I0
008-58-5325 R G N MOTOR VEHICLE 20.95 I0,000 9,566.98
008-58-5355 METER MAINTENANCE 192.00 I0,000 8,213.25
008-58-5450 ECONOMIC DEVELOPI4ENT 162,50 1,000 6,131.50
008-58-5525 PAGERS 111.79 1_,500 1,I55.16
008-58-6020 Ii4PR0VEt4ENTS 4,931.49 140,000 1I3,66�i.63
�fr 2000-2001 YEAR TOTALS �'
19,131,19
-_m�===GROUP BUDGET===w===
ANNUAL BUDGET OVER
BUDGET AVAILABLE BURG
__-m______________________________________________________________________m___________e__,___.___________e__________________________
ACCT
NAi4B
'� DEPARTi4ENT TOTALS ��
�${Ili1�
001-10 MAYOR A CITY COUNCIL 9,00
00I-15 ADi4INISTRATION 1,011.29
001-20 POLICE 415,64
001-22 ANIMAL COPdTROL I1.09
001-24 FIRE DEPARTMEiiT 340.00
001-28 ENFORCEMENT/INSPECTION 89.25
001-30 STREETS 231.53
001-32 PARKS 12.63
001-36 VERICLE MAINTENANCE 13,41
00I-42 Library 694.28
001-60 Property Tax I,604.02
001 TOTAL GENERAL FUND 4,564.20
008 NON -DEPARTMENTAL 314,42
008-10 Mayor and City Council 9,00
008-15 Administration 961.31
008-14 Data Processing 123,70
008-36 Vehicle Maintenance 73.41
008-50 Water 3,429.20
008-52 Waste Water Collection 1,516.50
008-54 Waste Water Treatment 1,689.63
008-58 Electric Department 1,044.36
--------------e-------____-__-----______________--------________-____-____________-__
008 TOTAL ENTERPRISE FUND 15,167.59
xk TOTAL x� 19,131.19
NO ERRORS
�x END OF REPORT x�
December 13, 2000
To: Honorable Mayor and Members of the City Council
Fr: Rose Chavez, City Secretary
Re: Proposed Zoning Change, Item #4
This item was tabled at the last Council meeting due to discussion regarding the water service in
that area, and possible negotiations with Bolivar Water. We have contacted the owners, and they
indicated they would discuss this with Bolivar Water, and would have someone at the meeting on
Monday night.
December 13, 2000
To: Honorable Mayor and Members of the City Council
Fr: Rose Chavez, City Secretary
Re: Item #5
Last year the City Council agreed to pay the volunteers $15.00 per shift. The Fire Chief has made
some modifications as to how they get paid, and this needs t be approved by the Council before the
funds are available for payment. It is my understanding that Fire Chief Morris will beat the meeting
to address this item.
Date: December 13, 2000
To: Jack Smith
CC: Rose Chavez
Subject: Annual Pay Check For Firefighters
As per your request, l am sending this memo to let you know how I figured the firefighter's annual
paychecks.
'I?113100 CONFIDENTIAL Page 1
Firefighter's Annual Pay
:ddie Branham
Shane Diers
;odney Dillon
ohn Henderson
ason Jones
ommy Jones
effrey McSpedden
ustin Morris
;eith Newton
ohn Payne
eremy Punches
erry Lee Schertz
hed Smith
obby Swan
:onnie Swanson
rain WannnnPr
asey Welborn
effrey Canada
ustin Phillips
hane Slone
esh Holder
roy Underwood
athan Sprabary
honda King
Ames Lawson
otal
$
Date: December 13, 2000
To: Jack Smith
CC: Rose Chavez
Subject: Officer Election
On Tuesday, December 12,2000, the Sanger Fire Department had its officer elections. I was
elected as Fire Chief and David Pennington was elected as Assistant Chief.
12(13/00 CONFIDENTIAL Page 1
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December 13, 2000
To: Honorable Mayor and Members of the City Council
Fr: Rose Chavez, City Secretary
Re: Item #6
This is the Interlocal agreement with Denton County to �x Rising Star Lane. This will be at a cost
of $5,604.00 to the City.
BRUCEISAACKS
CRIMINAL DISTRICT ATTORNEY
CIVIL DIVISION
Carmen Rivera -Worley, Chief
Robert Schell
David L. Finney
Hugh Coleman
Thomas F. Keever
December 6, 2000
Jack Smith, City Manager
P.O. Box 578
Sanger, Texas 76266
Re: ICA for Rising Star Road
Dear Mr. Smith:
1450 East McKin�iey, Suite 3100
P. O. Box 2850
Denton, Texas 76202
(940) 5654660
(800) 3564639
Fax (940) 565-8592
Please find attached the Interlocal Cooperation Agreements for Rising Star Road.
the City of Sanger has executed three (3) original contracts, please return them to me,
receive the executed contracts I will place them on the Commissioner Court Agenda.
If you have any questions or concerns, please call rne.
Sincerely,
a ara Null, CLA,
Paralegal for Robert Schell,
Assistant District Attorney
When
Once I
. ri
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN DENTON COUNTY TEXAS
AND THE CITY OF SANGER
THIS AGREEMENT made, entered into and executed by and between the County of
Denton, a body corporate and politic under the laws of the State of Texas, hereinafter called the
"COUNTY" and the City of Sanger, Texas, hereinafter called "CITY."
WHEREAS, the COUNTY and CITY propose to reconstruct Rising Star Road as
described on Exhibit "A", hereinafter referred to as the "PROJECT."
WHEREAS, County is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, City is a duly organized municipality in Denton County, Texas, engaged in
providing municipal and related services for the benefit of the citizens of City; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
provides authorization for any local government to contract with one or more local governments
to perform governmental functions and services under the terms of the Act; and
WHEREAS, the County Road and Bridge Act, Article 6702-1 Vernons Annotated Civil
Statutes provides:
(a) The Commissioners Court of a county may expend county funds to finance the
construction, improvement, maintenance, or repair of a street or alley located in
the county within the limits of an incorporated city or town if the work on the
street or alley is done with the consent and approval of the governing body of the
city or town.
ICA City of Sanger
Rising Star Road
1
. �,
(b) The authority of the county to finance the construction, improvement,
maintenance, or repair of the street or alley includes the authority to provide any
necessary roadbed preparation ot• material, paving or other hard covering of the
street or alley, curbing or guttering, or bridges or drainage facilities.
(c) The construction, improvement, maintenance, or repair may be done or financed:
(1) by the county through the use of county equipment; provided, however, that a
county acting under this subsection may not expend bond fiords for the
construction of new roads within the incorporated limits of a city or town
unless such construction is specifically authorized in the election approving
the issuance of such bonds regardless of the source of the fiords used to
acquire that equipment;
(2) by an independent contractor with whom the county has contracted or by the
county as an independent contractor with the city; or
(3) by the city or town, with the city or town to be reimbursed by the county.
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by County
and City upon and for the mutual consideration stated herein:
I.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreements hilly executed. This Agreement may be terminated at any time by
either party giving thirty (30) days advance notice in writing to the other party.
II.
City and County hereby agt•ee that the scope of the Project shall be limited to the
reconstruction of Rising Star Road as described on Exhibit "A", located in the City.
County agrees to provide the labor and machinery to construct the Project.
[CA City of Sanger
Risin; Star Road
2
�. :.;���
IV.
The City will pay to the County the amount of FIVE THOUSAND SIX HUNDRED
FOUR DOLLARS AND No/100 k.0,604.00) will incur and assume all financial costs from
current revenue for construction materials, water and will insure the relocation of utilities.
V.
County understands and agrees that the County, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives of City.
VI.
City understands and agrees that the City, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives of County.
VII.
This agreement represents the entire and integrated agreement between County and City
and supersedes all prior negotiations, representations and/or agreements, either written or oral.
This agreement may be amended only by written instrument signed by both County and City.
The validity of this agreement and any of its terms or provision, as well as the rights and
duties of the parties hereto, shall be governed by the laws of the State of Texas. Further. this
agreement shall be performable and all compensation payable in Denton County, Texas.
IX.
In the event that any portion of this agreement shall be found to be contrary to law. it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
X.
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto and each party hereby certifies to the other that any necessary orders or resolutions
extending said authority have been duly passed and are now in full force and effect.
[CA City of Sanger 3
Rising Star Road
Executed in duplicate originals this day of
Denton pursuant to the Commissioners Court Order # _
SANGER, pursuant to City Council Resolution passed on
DENTON COUNTY, TEXAS
By:
Scott Armey, County Judge
ATTEST:
By:
Deputy, County Clerk
APPROVED AS TO FORM:
By:
Assistant District Attorney
ICA City of Sanger
Rising Star Road
CITY OF SANGER
Mayor
ATTEST:
Bv:
City Secretary
20001 by the County of
_ and by the City of
APPROVED AS TO FORM:
By:
City Attorney
EXHIBIT T V
Centralized Road & Bridge
Estimated Cost for Sanger ICA
STREET/ROAD LENGTH/WIDTH MATERIAL/FUEL COSTS
ismg tar oa
eet
Rising Star Road - 1000 Feet
A. Flexbase 3"
Be Set up Road
C. Prime
D. Two Course Chip Seal
Flexbase 3"
305 Tons @ $8.52 = $2,599.00
CRS-2 @ 4.3 rate
1,050 gallons per course @ $.695 = $730.00
Course $730.00
$1,460.00
Cover Rock
40 tons per course @ $13.90 = $556.00
2" `' Course $566,00
$1,112.00
Flexbase
Prime
CRS-2
Cover Rock
Fuel
ICA City of Sanger
Rising Star Road
$2,599.00
$ 183.00
$1,460.00
$19112400
$ 250.00
$5,604.00 Material and Fuel
Prime 60/40 mix
AEP = 200 gallons
H. Water = 300 gallons
500 gallons @ $.366= $183.00
J
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The COUNTY OF DEN TOIN, acting by and through its County Commissioners Court,
having been advised of a project requiring the reconstruction, improvements, or reparation of a
building, road or other facility under an interlocal contract, herein gives its specific written
approval of the project prior to beginning the project in satisfaction of the requirements of
V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014,
The description of the type of project to be undertaken and its location are as follows: to
reconstruct Rising Star Road, located in the City of SANGER.
The local government which requested the project and with which the County of Denton
has contracted is the CITY OF SANGER.
By vote on this date, the Commissioners Court has approved the project identified above
and authorized execution of this document by the presiding officer on behalf of Denton County,
Texas.
Date:
Presiding Officer of the Denton Count}
Commissioners Court
ICA City of Sanger 6
December 135 2000
To: Honorable Mayor and Members of the City Council
Fr: Rose Chavez, City Secretary
Re: Item #7
This is the Resolution setting the Date and Time for annexing the Walmart property. This is the first
step of the process.
RESOLUTION N0.12-29-00
A RESOLUTION SETTING THE DATE, TIME AND PLACE ON PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGER, AND
AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC
HEARINGS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS,
That such Public Hearings will be held by the Governing Body of the City of Sanger,
in the City Hall at 7:00 P.M. on January 2, 2001 and January 15, 2001 considering annexation
into the City limits of the following described property,
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 65A, 35.000 ACRES, AND
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 64A, 23.440 ACRES, OF
WHICH 14.35 ACRES ARE ALREADY IN THE CITY.
PASSED AND APPROVED, this 18th day of December, 2000.
Mayor, Tommy Kincaid
Attest:
Rosalie Chavez, City Secretary
December 13, 2000
To: Honorable Mayor and Members of the City Council
Fr: Rose Chavez, City Secretary
Re: Item #8 -Annexation Ordinance
This is the Ordinance annexing the New High School Complex site.
City of Sanger, Texas
ORDINANCE NO. 12-28-00
! iWIN M ON101 11 :i 1•1 1 11 !
! 1 1 11 1 1 1: 1"!' :11 C
• I FA "ej W M ' 1 1 1 M BM 1 09911'
AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND
ORDINANCES OF SAID CITY.
WHF,RF,ASI the city is ar�thorizeri to annex territory in accordance with ; 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,
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 or parcel of land situated in the R. Bebee Survey Abstract No. 29 Denton
County, Texas, and being a part of a tract shown by deed to Donald E. Sable recorded in
Volume 663, page 278, Deed Records of Denton County, Texas, and being more fully described
as follows:
BEGINNING at an iron pin at the existing Northeast corner of said Sable tract, said iron pin
being in the southeast right -of --way of F-M road no. 455, said iron pin also being the existing
Northwest corner of a tract shown by deed to Edward E. Lane recorded in Volume 448, Page
303, Deed Records,
THENCE South 01 ° 431.0011 West with a fence and with the east line of said Sable tract, and
with the west line of said Lane tract a distance of 1963.41 feet to a iron pin set for corner;
THENCE North 44° 54_09 West distance of 1392.19 feet to an iron pin set in the southeast
right-of-way of said F-M road;
THENCE North 45° OS'_51" East with said right -of --way a distance of 1188.99 feet to an iron
pin set at the beginning of a curve to the right having a radius of 671.16 feet;
THENCE Northeasterly with said right -of way and with said curve having a central angle of
20° 46' _ 20" chord of North 55° 29' 01" East 241.99 feet and an are distance of 243.32 feet
to the point -of -beginning and containing in all 23.440 acres of land.
All that certain tract or parcel of land situated in the R. Bebee Survey Abstract No. 29 Denton
County, Texas, and being part of a tract shown by deed to Edward E. Lane recorded in volume
448 page 303 deed records of said Denton County, and being more fully described as follows.
Beginning at a 2 inch iron pipe at the southwest corner of said Lane tract, also being at a fence
corner.
Thence North O1 Deg. 43 Min. 00 Sec. East with a fence and with the west line of said Lane
tract a distance of 2358.73 feet to a iron pin set on the south right-of-way of F-M Road No.
455.
Thence Northeasterly with said right -of --way and with a curve to the right having a central
angle of 25 Deg. 22 Min. 40 Sec. a radius of 671.16 feet a chord of North 78 Deg. 33 Min, 31
Sec. East 294.85 feet and an arc distance of 297.27 feet to a iron pin at the end of said curve.
Thence South 88 Deg. 45 Min. 09 Sec. East with said right -of --way a distance of 345.15 feet to
a It pin set for corner.
Thence South Al Deg. Al Min. 0 Sec. West a distance of 2418.48 feet to a iron pin set in a east -
west fence, said iron pin being in the south line of said Edward E. Lane tract.
Thence North 89 Deg. 12 Min. 26 Sec. west with said fence and with the south line of said Lane
tract a distance of 632.33 feet to the point -of -beginning and containing in a1135.000 acres of
land.
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.
PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger,
this 18th day of Decemebr, 2000.
APPROVED:
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
EXHIBIT "A"
City of Sanger, Texas
ANNEXATION SERVICE PLAN
AREA TO BE ANNEXED
All that certain tract or parcel of land situated in the R. Bebee Survey Abstract No. 29 Denton
County, Texas, and being a part of a tract shown by deed to Donald E. Sable recorded in
Volume 663, page 278, Deed Records of Denton County, Texas, and being more fully described
as follows:
BEGINNING at an iron pin at the existing Northeast corner of said Sable tract, said iron pin
being in the southeast right-of-way of F-M road no. 455, said iron pin also being the existing
Northwest corner of a tract shown by deed to Edward E. Lane recorded in Volume 448, Page
303, Deed Records;
'TAF�1Vf E Couth 01 ° 43'_00" :;'�st w ith a cuce and with the east line of said Sable tract, and
with the west line of said Lane tract a distance of 1963.41 feet to a iron pin set for corner;
THENCE North 44° 54'_09" West distance of 1392.19 feet to an iron pin set in the southeast
right-of-way of said F-M road;
THENCE North 45° OS'_51" East with said right -of --way a distance of 1188.99 feet to an iron
pin set at the beginning of a curve to the right having a radius of 671.16 feet;
THENCE Northeasterly with said right -of way and with said curve having a central angle of
20° 46' _ 20" chord of North 550 29' _ 01 East 241.99 feet and an arc distance of 243.32 feet
to the point -of -beginning and containing in all 23.440 acres of land.
All that certain tract or parcel of land situated in the R Bebee Survey Abstract No. 29 Denton
County, Texas, and being part of a tract shown by deed to Edward E. Lane recorded in volume
448 page 303 deed records of said Denton County, and being more fully described as follows:
Beginning at a 2 inch iron pipe at the southwest corner of said Lane tract, also being at a fence
corner.
Thence North Ol Deg. 43 Min. 00 Sec. East with a fence and with the west line of said Lane
tract a distance of 2358.73 feet to a iron pin set on the south right -of --way off 4 Road No.
455.
Thence Northeasterly with said right -of --way and with a curve to the right having a central
angle of 25 Deg. 22 Min. 40 Sec. a radius of 671.16 feet a chord of North 78 Deg. 33 Min. 31
Sec. East 294.85 feet and an are distance of 297.27 feet to a iron pin at the end of said curve.
Thence South 88 Deg. 45 Min. 09 Sec. East with said right -of --way a distance of 345.15 feet to
a iron pin set for corner.
Thence South Ol Deg. 43 Min. 0 Sec. West a distance of 2418.48 feet to a iron pin set in a east -
west fence, said iron pin being in the south line of said Edward E. Lane tract.
Thence North 89 Deg.12 Min. 26 Sec. west with said fence and with the south line of said Lane
tract a distance of 632.33 feet to the point -of -beginning and containing in all 35.000 acres of
land.
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; recpnnses to calls, and other ^yolicc sc; v1"3 'TV ili 'ue pit OVlded within ten (10) (lays
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 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 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.,
f.a
Page 3
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 (41/2)
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.
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.
SINGLETARY ENGINEERING SERVICES
26 Wind River Drive
Conroe, Texas 77384
(936)273-9683
November 26, 2000
City of Sanger Electric Department
Mr. Mike Prater
P.O. Box 578
Sanger, Texas 76266
t�cal iviuCc,
The feeder exits out of the substation serving your electric load are constructed with 350 MCM
aluminum cable in a 6-inch conduit. This cable is EPR insulated and is considered to be a very
good cable. Your feeder exits by this design can only carry a maximum of 320 amperes of load.
This would be fine provided that your normal load on any given feeder or any additional added for
switching contingencies does not exceed this amount. In your case there is real concern here.
Feeders 1205 and 1206 serve the entire load within the city. Feeder 1205 had approximately 285
amperes of normal load on it this past summer making its feeder's exit is loaded at 90% of its
capacity. If your growth continues at its present rate of approximately 8%, this feeder's exit will
exceed its capacity. This leaves no room for growth or switching of load due to problems. If you
have problems on that feeder 1205, you can not switch its load to 1206 while repairs are being
made, as you do not have enough capacity. You can do a little switching to move some load from
your heaviest loaded city feeder to the other one. This will have to be examined carefully, as
there may be some 1 /0 or smaller wire in the feeder trunk that may be in trouble if you do this.
Also it will require installing at least one pole top switch and may provide temporary relief on the
1205 feeder exit. However, it will not solve the feeder switching problem. I suggest
reconductoring 1205 and 1206 feeder exits with 750 MCM copper cable and building a feeder tie
at the old substation site. This will solve your near term loading and switching problems. I would
also suggest looking at the rest of your overhead trunk feeder system to identify long term
reconductoring needs.
Your other feeder, 1208 and the new feeder 1207 are being built or reconductored with 1000
MCM copper. The overhead portion will be 477 MCM aluminum. These two feeders will be
rated at 600 amperes and can fully carry each other's load in the event of problems. You also will
have a 600-ampere tie between 1208 and 1206. All this work is being done as part of the Wal
Mart project.
If you have any questions or need anything else, please give me a call.
Sincerely,
Robert A. Singletary, P.E.
Vv
JERRY L. CARLTON
GREGORY M. CLIFF
ROBERTJ. DAVIS
ROGGEDUNN
ROBERT L. EDEN
JENNIFER L. GABEL
DANIEL A. KNOTT
DEMIAN S. LARSON
Ms. Yolanda
Claims Spec]
TEXAS M
AL LEAGUE
P.O. Box 7kustin,
exas 78714.9194
MATTHEWS, CARLTON, STEIN,
SHIELS, PEARCE, DuNN & KNOTT, L.L.P.
ATTORNEYS AND COUNSELORS
8131 LBJ FREEWAY, SUITE 700
DALLAS, TEXAS 75251
TELEPHONE: (972) 234-3400
TELECOPIER: (972) 234-1750
December 6, 200
..A V
TOM D. MATTHEWS (19104988)
TOM D. MATTHEWS, JR.
ASHLEY B. McCLAIN
D. RAY MURPHY
PAUL K. PEARCE, JR.
THOMAS A. SHIELS
KENNETH R. STEIN
KARENJ.TRACY
Re: Cause No. 99-40291-362; Thomas Tipton and Miyoka Tipton vs. City of Sanger, Texas
TML Claim No. 9700039082
Our File No. 1730154973
Dear Ms Gregson:
You will be very pleased to know that the Plaintiff has decided to non -suit this case. As you know, Mr. Pearce had
recently filed a very comprehensive Motion for Summary Judgment which sought dismissal of this action.
Apparently the Plaintiff has received this Motion and recognizes that he cannot prevail against the City. On
December 6, 2000, I had an extended conversation with the pro se Plaintiff and he agreed to non -suit the case instead
of pursuing it any further.
I have prepared a proposed Motion for Non -Suit and have sent it to the Plaintiff. Once he signs it and returns it to
me, I will forward it to the Court and also cancel the summary judgment hearing.
Although I am fairly confident the Plaintiff will honor his agreement, I will certainly not cancel any summary
judgment hearing until we have received the signed Motion for Non -Suit from the Plaintiff.
I hope you and the City of Sanger are pleased with the resolution of this sewage backup case, and we will continue
to keep you posted until the case is finalized.
Very truly yours,
ROBERT J. DAVIS
PKP/mez
T.•123311117301549731Letterslgregson 12.6.00.wpd
cc:
Ms. Rosalie Chavez
City Secretary/Fund Contact
CITY OF SANGER
P.O. Box 1729
Sanger, Texas 76266
MONTHLY REPORT
SANGER PUBLIC LIBRARY
NOVEMBER 2000 ACTIVITIES
Submitted by Victoria Elieson
iuvnLiilH T S:
Courtney Golden has volunteered to supervise Middle School students one day a week in
the Meeting Room, so the Library is able to resume the "Games and Gab" after school program.
Formulated specifications and solicited bids for connecting to the SISD T-1 line for high-
speed Internet access.
Meetings attended:
Library Board, 11 / 13
"Homework Resources on the Internet" workshop, 11/14, Haltom City, attended
by Lynne Smiland
Denton County Library Advisory Board, 11/16, Roanoke
NTRLS Regional Meeting, 11/16, Roanoke
COLLECTION:
The North Texas Regional Library System recently weeded its video collection. The
Library received 42 of their discarded tapes, including short children's titles that will be used for
Storytime and videos about travel and history that will be available for checking out.
PROGRAMS:
The day care facility across the street from the library has begun sending children to
Storytime again on a limited basis.
The Storytime theme this month was "Places I like to Go". Children enjoyed programs
about "The Zoo", "A Picnic in the Park", "Shopping", "Grandma's House" and "The City".
Monthly Report
Nov 99 Nov 2000
BORROWER CARDS
Last month 3180 3086
New cards 24 26
Cards reactivated 4 22
TOTAL 3208 3134
CIRCULATION
Adult Nonfiction 244 317
Nonfiction Videos 30 17
Adult Fiction 197 162
Interlibrary Loan 6 19
Misc. Uncataloged 153 210
Junior Biography 13 13
Junior Fiction 87 106
Children's Nonfiction 139 121
Children's Fiction 408 317
Paperback Fiction 154 115
Crystal 1 1
Videos 236 194
Video Players 1 3
Audio Tapes 75 71
TOTAL 1744 1666
INTERNET USERS 98 103
PROGRAMS
Children's Programs 4 7
Children Attending 45 73
Adults Attending 19 40
Other Programs 4
Number Attending 13
VOLUNTEERS
Number of Adults 4 4
Number of Juniors 3 3
Number of Hours 62 61
COLLECTION
Last Month 15312 15629
Books Added 110 105
Books Withdrawn 35 159
Total Books 15387 15575
Paperback Fiction 2514 2565
Video Materials 604 590
Audio Materials 191 231
TOTAL COLLECTION 18696 18961
REVENUE
Fines $111.40 $132.80
Copies $38.90 $38.30
ILL Postage $6.54 $19.13
Lost Materials $0.00 $23.90
New Cards $0.50 $1.25
TOTAL $157.34 $215,38
FRIENDS OF THE LIBRARY
Quarterly Financial Report
7-1-00 / 9-30-00
Beginning balance: 55011.17
Deposits:
107.00
60.00
650.15
55.00
Total: $872.15
Checks:
173 Chamber of Commerce 25.00
257 Spanish Book Dist. 222.12 memorial
258 Baker & Taylor 366.86 "
259 Baker & Taylor 25.68 "
260 Baker & Taylor 42.63 "
261 Libros Sin Fronteras 352.85 "
262 Spanish Book Dist. 125.94 "
174 Post Office 33.00
Total:
Ending Balance: $4,689.26
1194.08
(Ln Ct %ems
Co u,ri e-r
1 0\/2rv,L, �r 161 2Zv-0
The Sanger Public Library
recently received a shipment of
books featured on local and
national best-seller lists. These
books include fiction and non-
fiction, and new authors as well
as Iaiiiiiiar ravuries.
Sue Grafton continues her
popular mystery series with "O
is for Outlaw." Kinsey Millhone
is still the heroine, but she' is
solving an enigma about her
own life and first husband, rather
than working for a client. She
still has, her edginess and
attitude, but we are given a more•
personal glimpse of her in this
entertaining puzzler.
Nicholas Sparks, author of
"The Notebook;" is also back,
now with "The Rescue." A
volunteer fireman and the single
mother of a learning -disabled
boy are brought together by an
accident in which the 4-year-old
I lost. Both find it hard to trust
and open their hearts to emotion.
As their friendship develops
into something deeper, there are
clearly some obstacles to
overcome. Readers familiar with
Sparks know how he engages
one's emotions, and tissues may
come in handy.
Lance Armstrong's "It's Not
About the Bike" is his story of
growing up in Dallas and Plano,
surviving testicular cancer and
going on to win the Tour de
France, the world's premier
bicycle race. He began as a
swimmer at age 12, riding his
bike to swim practice, and
progressed to triathlons, which
incorporate swimming,
bicycling and running. By his
senior year in high school,
Armstrong was competing in
national and international bike
races.
At agel5, however, he was
diagnosed with testicular
cancer. Because it had spread to
his lungs and brain, he was
given a 3 percent chance of
survival. His fight to live and
compete makes an engrossing
and heart-warming story.
These are just a few of our
many new selections at the
Sanger Public Library. The latest
books by Danielle Steele, Sandra
Brown, Tom Clancy and Dr. Phil
McGraw also are available.
December 5, 2000
Number 8
•- 1
tate lawmakers wasted no time in beginning the biennial rush to file bills. On Monday,
November 13, the first day of bill -filling for the 2001 legislative session, legislators filed
163 bills and proposed constitutional amendments. By the end of the first week, more than 250
bills were in the hopper.
As is al��ays tl�e case, many bills are city -related. They are summarized below.
H B 25 (Corte) -Property Ri;;hts: would make all municipal actions subject to the State
Property Rights Act, which requires an entity to do a "takings impact analysis" for any regulatory
action that might negatively impact private property. (Note: virtually all municipal actions are
currently exempt from the Act.)
H B 34 (McClendon) — Economic Development: would expand the types of economic
development programs that a city could fund under Chapter 380 of the Local Government Code
to include educational and job training programs.
_H B. 38 (McClendon) -Pollution: would require the TNRCC, when considering the siting,
expansion, or operation of a facility in which other facilities are located, to consider the
cumulative effect of the releases, emissions, discharges, noise levels, odor, and other impacts,
and to adopt policies and rules to protect the public from cumulative risks, particularly in low-
income and minority communities and in communities in which permitted facilities are
concentrated.
H B 44 (McClendon) —Solid Waste: would require the TNRCC to ensure that new solid waste
facilities are not located .disproportionately in low-income, minority, or other communities; t�
consider the effect of multiple sources of pollution and nuisances on the surrounding community;
and to assess historical trends regarding the siting of solid waste facilities in low-income,
minority, and other communities
H B. 46 (McClendon)— Accident Reports: would prohibit the release of motor vehicle accident
reports to the public unless a person provides two or more of the following: (1) the date of the
accident, (2) the name of any person involved in the accident, or (3) the specific location of the
accident.
11.L. J4 Il�UG11AlJ - 11
bonds to fund highway
nts.
i>?: would allow TXDOT-to sell grant anticipation revenue
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 n n n n
1821 Rutherford Lane, Suite 400, Austin, Texas 78754 5128 (51 2! 71� `•`6'3`0i1>
H.B. 56 (Cuellar — School Zones: would double the minimum and maximum fine amounts for
speeding violations that occur within a school crossing zone when reduced speed limits apply.
H.B. 57 (Cuellar) — Sales Taxes: would provide a sales tax exemption for the purchase of
elementary and secondary school supplies during August, would impose a $75 limit per
exempted item, and would provide that a city may repeal the exemption only if the exemption
would impair an existing contract.
H.B. 63 (Wolens) — D.W.I.: would require a police officer to take possession of a person's
driver's license and issue a temporary driving permit to that person if the person is arrested for a
DWI offense.
H.B. 6.4 (Wolens) — Ci11Officers: would require all elected and some appointed city officials to
file a financial statement that includes the person's financial activity and the financial activity of
the person's spouse and dependent children.
H.B. 76 (Garcia—1'`amily and iyledicai Leave: would authorize an employee to take leave for
the birth of a child, a serious health condition in the employee's family, or to participate in
certain school activities. (Note: this bill is similar to — but goes farther than — the federal family
and medical leave act.)
H.B. 90 (Burnam) —Health Coverage: would provide that a health benefit plan may not have
any exclusions unless the exclusions are based on "actuarial principles" or loss experience.
H.B. 117 (Nixon) —Civil Liability: would prohibit a person from recovering damages from
his/her employer in a civil lawsuit against the employer if the person's employer maintains
worker's compensation coverage, and would change the percentage levels for a person to be held
liable in lawsuit under the proportionate responsibility provisions.
H.B. 122 (B. West) — Real Property: would exempt a city from the notice and bidding
requirements of Chapter 272 of the Local Government Code when the city sells or transfers real
property to a nonprofit 501(c)(3) organization.
H.B. 129 (West) —Federal Law: would prohibit state agencies from complying with guidelines
or requirements of a federal agency if those guidelines or requirements are not consistent with
state law, unless such guidelines or requirements are clearly expressed in a federal statute or
federal substantive rule.
H B. 130 (Deshotel) —Unclaimed Property: would require the holder of abandoned property to
mail a notice describing the property to the owner of the property at least one year before the
property would be presumed abandoned.
H.B. 166 (F. Brown)— Cemeteries: would allow a nonprofit corporation to file an application
with a city to establish a cemetery within the boundaries of the city, and would allow a city to
determine whether the cemetery should be established if the city determines that the cemetery
does not adversely affect the public health, safety, or welfare.
H.B. 197 (Solomons) — Purchasing: would raise from $15,000 to $25,000 the threshold contract
amount at which a city must seek a competitive bid.
H.B. 204 (Seaman) — Fireworks$ would allow counties to prohibit or regulate fireworks in
ni uncorporated areas.
2
Bo 215 (Longoria) Employment -At -Will: would provide that an employer may not
scharge an employee who has been employed for at least ten years, except for cause.
H.B. 217 (A. Rem) — 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. 62434 01) to be installed in accordance with one of those two codes. A city would be
allowed to adopt any nationally recognized model plumbing code.
H.B. 235 (Hawley) — Immunity: would provide immunity from lawsuits to a person, including a
governmental entity, whose property was used by the state or a political subdivision for disaster
response or recovery during a state disaster emergency.
H.J.R. 13 (Cuellar) — Highway Funding: would amend the Texas Constitution to permit the
state to sell grant anticipation revenue bonds. (Please see H.B. 52, above.)
S.B. 58 (Laftirini) — Yolice Officers: would allow a police officer to explain the consequences
of refusing to take a blood alcohol test to a person arrested for an alcohol -related offense.
S.B. 61 (Moncrief) —Annexation: would provide that when a city annexes an area bounded by a
county road, it must annex the entire right-of-way associated with the road.
S.B. 79 (Shapiro) —Elections: would require that, with few exceptions, each election must be
held on either: (a) the first Saturday in February, (b) the first Saturday in May, (c) the first
Saturday in September, or (d) the first Tuesday after the first Monday in November. The bill also
provides that an election for an office that requires a majority vote may not be held on the
February or September date.
S.B. 80 (Shapiro) —Elections: would require all political subdivisions participating in a joint
election to use the regular county election precincts for the election.
S.B. 86 (Ellis) —Sales Taxes: would extend the August sales tax holiday on clothing and shoes
from three days to two weeks, would provide a sales tax exemption for the purchase of
elementary and secondary school supplies during August, up to a limit of $75 per exempted item;
and would provide that a city may repeal the exemption after holding a hearing.
S.B. 92 (Nelson) MS: would allow an emergency medical services employee who provides
medical care to a person involved in an automobile accident to make a report to a local law
enforcement agency regarding the EMS worker's belief that the person involved in the accident
was intoxicated.
S.B. 94 (Nelson) — Emergency Management: would require a local emergency management
agency to address the issue of bioterrorism in its local emergency management plan.
S.B. 111 (Moncrief) —Accident Reports: would require a person seeking to obtain accident
report information to affirm that the person will not use the information for direct solicitation of
business or employment for pecuniary gain.
S.B. 112 (Moncrief) —Traffic Offenses: would require a police officer to issue a written notice
to appear for all traffic offenses punishable by a fine only.
LEGI
During the upcoming legislative session, as in years past, the League will mail one copy of each
issue of the TML Legislative Update to each TML member city. The Updates are also available
online, and beginning on Friday, January 5, 2001, the Update can be accessed each Friday,
through the end of the session by going to www.tml.org. Go to the legislative page and select
"Legislative Update" from the menu.
In addition, all resolutions adopted by the TML membership at the recently completed Annual
Conference can now be found on the TML web page.
l exas Attorney General Jo'nn Cornyn has issued two more opiiiioiis that rViii of ct city
governments.
In Opinion Number JC-0308, issued November 20, 2000, General Cornyn ruled that the
"(a)ttendance by a quorum of the members of the board of a state governmental body at a
legislative hearing is subject to the Open Meetings Act if one or more members participates in a
discussion of matters within the board's jurisdiction."
For cities, this opinion means that if a quorum of a city council attends a legislative hearing, that
attendance is subject to the Open Meetings Act if any member of the council participates in a
discussion (by giving testimony to the legislative committee, for example) on any matter within
the council's jurisdiction.
The opinion addressed the problem created in trying to reconcile the legislature's need for
information with a governing body's need to post notice of a meeting. The AG concludes that the
solution offered by the opinion to that problem is "an inelegant one," but argues that he has
addressed the issue "within the bounds of the laws enacted by the legislature," which is the
proper body to resolve any difficulties posed by this opinion.
As we indicated in our July 27, 2000, TML Legislative Update, elected city officials should be
very hesitant to gather in a quorum for any reason unless:
1. the gathering is a meeting posted in accordance with the Open Meetings Act.
2. the gathering is a "social function" unrelated to the council's public business, and
no formal action is taken, and discussion of public business is merely incidental to
the gathering.
3, the gathering is a "convention" or "workshop," and no formal action is taken, and
discussion of public business is merely incidental to the gathering. This means
that a quorum of a municipal governing body may safely attend a TML meeting,
workshop, or convention, as long as no action is taken and the discussion of
public business is incidental.
As just one example, a quorum of a city council should not attend a candidate forum sponsored
by the League of Women Voters (or any other group) if any member of the council will speak
about city issues, unless the gathering is posted as a meeting. And if it's posted as a meeting, the
council will be required to keep minutes or make a tape recording as required by the Open
Meetings Act.
In Opinion Number JC=0307 (November 20, 2000), Attorney General Cornyn ruled that
"(c)irculation of a claim, invoice, or bill among members of a commissioners court for approval
of payment in writing in lieu of consideration of the item at a meeting held pursuant to the (Open
Meetings) Act would violate the Act."
Although this opinion addresses a county commissioners court, it presumably applies to a city
council, as well.
u.5. itupreme coun uerii
To Hear Omnipoint
Rppeal Of Township's Decision
by Juan Otero
Amid the running battle
between cities and the cellular
phone industry, the U.S.
Supreme Court last week
declined to hear an appeal by
Omnipoint Communications to
prevent the dismantling of its
wireless phone tower in New-
town Township, Delaware
County. The Supreme Court
opted to stay out of the dispute
over how much leeway local
governments have to control
cellular telephone companies'
installation of antennas to
broaden their service areas.
Omnipoint sued under the
1996 Federal Telecommunica-
tions Act, which bars local.gov-
ernments from enacting laws
that would "prohibit ox have
the effect of prohibiting the
provision of wireless services."
Omnipoint applied for a permit
to put 'antennas on top of an
apartment building in New-
town Township. The town zon-
ing board denied the permit in
1998.-The company sued, and a
federal judge ruled for the com-
pany. The judge said New-
town's zoning policy 'violated
the telecommunications law
because it, in effect, barred
placement of antennas any -
the
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December 15, 2000
To: City Council
From: Rose Chavez, City Secretary &Assist. City Mgr.
Subject: Rural Cooperatives
I contacted Monty Akers with TML concerning the problems we are experiencing with Bolivar
Water Supply. Attached is a memorandum that I sent Monty concerning this situation. Monty also
presented our experience to the National League of Cities. Please note from his correspondence
that there are several cities who are experiencing the same problems we are having. The only hope
that cities like ours have toward this Rural Cooperative is for the laws to change in the Legislative
Level. Monty, did recommend some attorneys that have dealt with these issues; however all the
attorneys are in Austin.
Just for information Mark Zeppa attorney for Bolivar Water used to work for TNRCC and is very
familiar with what rural cooperatives can and can not do concerning their CCN' S.
I did call the City of Gunter and visited with the City Secretary concerning there litigation with
Celina -Gunter Rural Water Supply. Their city entered into a franchise agreement with Celina
Gunter Rural Water Supply due to litigation arising from a situation involving the right to serve an
area that they had annexed that was to develop into a subdivision. The legal fees were like
$500,000.00. Gunter is taking the Rural Water Supply back to court because they have defaulted
on their franchise agreement since the developers of the subdivision have been waiting 6 months
for Celina Gunter Rural Water to drill the well for the site. It is a problem and apparently they are
experiencing the same as our City.
Please see the attached information regarding this. There is a copy of Mr. Acres response along
with the list of other cities experiencing the same type problems.
I have also contacted the P.U.C. to see of we can get a copy of the original boundaries submitted,
so we can see who signed it. It was originally filed in 1975.
I have also attached a copy of utility rates we have gathered from other cities for your review.
December 6, 2000
Dear Monty:
I apologize for not sending you this memo sooner. As per our conversation the City %J Sanger is
currently in a situation with Bolivar a Rural Cooperative for water services and with Denton Co.
Serve for the Electric service. Recently the city was in a situation where a developer requested
annexation of some property that he was developing into Residential lots with some commercial
zoning. The property was annexed and they requested our water and sewer services; however the
city did not have the certification to service that area for water service. The city had to purchase
the nronerty service area from Bolivar Rural Cooperative in order for them to release the certified
area to Sanger. It cost the City of Sanger $39,000.00 for the property. This location was at Heritage
West which included approximately 26.15 acres. Our concern is that from this point forward if
there is a subdivision or a commercial development that wants our services the city will have to
purchase the area in order to provide service. What is the fair price to pay? This has to be done in
order for them to release the CCN' S to the City of Sanger.
Along with this scenario in 1986 the city annexed a development which was a subdivision and
through verbal agreements with Bolivar Water proceeded to provide service to the subdivision.
Bolivar Water at the time could not provide the required 6 inch line for water to provide adequate
pressure for fire protection. The city proceeded to extend its service to that area without having any
agreement in writing except for the discussions in the city council minutes and through verbal
agreements with Bolivar Water. It has been approximately 10 years since this has happen and they
brought litigation against the city to cease and decease service at this location. The city had to
negotiate for the rights to continue servicing that area which included 52 lots at $1500.00 a lot
which is our tap fee for water. This subdivision cost the City $78,000.00.
The same situation is occurring with our Electric. The city has certified area that it can service for
electric; however as we annex property we are in competition with Denton CoServe for electric
service. Recently, we annexed some property where the new high school will be located. The city
was highly anticipating to service this area with electric, but before we could enter into any
negotiations with Denton CoServe they began extending their service lines to the high school.
Monty, this is a situation that does not seem fair. The city council's feeling is that there are
probably other cities who are in the same scenario as us; however we do not know how they are
handling the situation. We feel like there should be some legislation that protects cities like us as
we begin to annex property for development. The council feels that they can make Bolivar Water
adhere to our subdivision requirements in regards to the size water lines that are installed within
our city limits. I think in my conversation with you last week if Bolivar Water owes the federal
government then that supercedes any subdivision requirements we have.
DEC-08-00 FRI 11�19 AM TML
FRX N0, 5127196390
P, O1 /06
eague
821 Rutherford Lane, Suite 11
Austin, TX 78754w5128
.00
DATE: December 8, 2000
T®: NNANIT:, CITY/C)RC9 FA C NUMBER:
Charles Olson (for Coolidge) 254-776-3336
Neff Holberg (for Melton) 254-933-5822
Rosalie Chavez (for Sanger) 9404584180
Mark Taylor (for San Marcos) 512-393-8090
Frank Salvato (for Taylor) 512-352-081.0
1011rer McKinney (for Commerce) 903-8864929
FIZ()M: Mor+te Akers, Director of I.egAl Services
l� acsimilc Cover Sheet + 5 pages)
CUMMZJNTS: �
ii any part of ltais transmission is ineomplute, please call (512) i I')-6300.
DEC-08-00 FRI I1'119 AM TML FAX NO, 5127196390 P, 02/06
t K21 R,utreflbfd t 7ir�'
s,�n� acw
7P7S4.5I:8
stznt�7.raaa
Fnn� 51�1�-G191
Websitc: www.tml.u�
December 8, 2000
To: Charles Olson (for Coolidge)
Jeff Holberg (for Belton)
Rosalie Chavez (for Sanger)
As le Tnylnr ffnr Can Marcos)
1V1aI M A µy &v& NAv
Frank Salvato (for I•aylor)
Roger McKinney (for Commerce)
From: Monte Akers, TML staff
Fax: 254-?76-3336
Fax: 254-933-5822
tax: 9404584180
Fax. 512�393-8090
f'ax: 512-352-0810
Fax: 903486-8929
Re: Texas Cities' Experiences with § 192G(b)
Several months ago, [sent requests to several dozen cities for their encounters with 7
U,S.C. §196(b) and rural water supply associations in order that TM, could provide
summaries of those experiences to the National League of Cities. Of the various,
replies I received, I have included the information that you provided in the summaries
I plan to send NIX,
Before 1 do so, however, would you please review what I have written to ensure that it
is accurate? If possible, please fax, c-mail, or call me back sometime next week to
either approve or correct the summary so that I can finally get this into NLC's hands?
Our fax number is 512-231-7462.
phone number is S12-231-7462.
Your assistance is appreciated.
My a - mail address is makers@tml.org, and my
DEC-0810 FRI 11'20 AM TML FAX NO, 5127196390
L"J � tn1
TEXAS CITIES' EXPERIENCES
WITH 7 U.S.C. §1926(b)
1. Coolidge, Texas
Coolidge, population 800, in Limestone County, has a foundry business that employs
approximately two-thirds of the working people of the town. In 19863 it entered into a
contract with a rural water association whereby the city agreed to purchase 12 million
gallons per year from the association. however, the city soon began experiencing
water outages, water pressure, and even water quality problems in connection with the
association's service, and in the early 90s, the foundry informed the city that it would
have to move unless the city found an alternative source of supply. Accordingly, the
city obtained $500,000 in governmental grants to construct a new water line to a
sepr+nn urp2 4n obtain a dependable supply and to
differcrrt nlrs't water d55vc�nwv�= � �..F ...,., .-- -----
keep the foundry' The city conducted public hearings on the grant applications and
openly publicized its plans. At no time did the first rural water association object,
intervene, or attempt to stop construction of the lint.
Once the tine was completed the rural everted the tit from takingtwat r fromgthen
federal court, claiming that §1926(0 p Y
adjacent supplier. The federal district court granted judgment for the rural water
association (Post Oak Special Utility District v. City of Cooliclb�e, Civil No.-95-CA-
062, (WD 'Tex., May 2) 1996), not only preventing the city from using the alternate
source of water, but denying it the right to use that source for emergency
merg n ytn pet purposes.
The Fifth Circuit Court of Appeals affirmed the holding (N )
At trial, the City stated that it would still honor its agreement to purchase the 12
million gallons per year under the 1986 contract, but the court nevertheless prohibited
h
Q.. Lli'y fPO.m+ PX1rConn;"0 oririitlnnaI water from anv other source, due to §1926(b .
Subsequent to the ruling, the City has fallen behind in its ability to repay the $ U,Ouu
in governmental loans for the water line it is prohibited from using by §I926(b).
Z. Belton, Texas
P, 03/06
Helton, population I5,639, in Bell County, has an Economic Development
Corporation that purchased a 190 acres tract containing no water customers for
development as an industrial park in 1997. However, the land was within the service
area of a rural water association that had federal debt and was thus "protected" by
1926(b). The association owned a three-inch water line on one boundary of the tract
that was too small to provide service for industrial purposes, but it refused to either
aHow the city to serve the area or to release that portion of its service area, informing
the city that it would do so in return for $3,000,000 (for the right to serve only), After
protracted negotiations, the city finally paid the association $100,o00 for the right to
serve there. in 1999, a large corporation optioned 450 acres within the association's
service area as a site for a large commercial development. However, the association
was unable to meet the state's water pressure requient of .6 gallons per minute per
rem
1
DEC18-00 FRI 11'20 AM TML FAX NO, 5127196390
rrent water
$3')6,t)U0.' Asa
-Qu
economic development.
The same association has also prevented residential development within the My OP
extraterritorial jurisdiction, not only because the association is unable to provide water
under sufficient pressure to meet state requirements and to provide fire protection
service, but because it re€ftses to allow fire hydrants to be connected to its system. As
a result, the city is unable to approve development plats within the area, effectively
preventing construction of new housing or other development.
3. Sanger, Texas
Sanger, population 5200, in Denton County, '.Texas, was approached in the year 2000
PAZ t r .. .. 1... e„1,A7a,i,ina
by a developer who requested annexation or `u.r� acres 1,6 W00 auv""._•. a into."
residential lots. Ile wanted the city to provide water and electric service. A rural
water association had the right to serve the area with water, but did not have water
lines large enough to provide fire protection service to the property, Under Texas law,
a city could normally go to the Texas Natural Resource Conservation Commission, a
state agency, and obtain authority to provide the water service to the property, even
though the rural water association was currently authorized to do so, under the theory
that the association's service was inadequate.
However, this rural water association owed money to the federal government (i.e. the
Rural Utilities S(ivice or its predecessor, the Farmers Horne Administration) and was
therefore "protected" from city "encroachment" by § l 926(b). The association was
unable to provide fire hydrants in the area, but it was able to force the City of Sanger
to pay it $39,000 for the right to provide that service to the 26.15 acres. The city did
not receive any facilities or property in return for the $39,000, only a right to serve
that would have been provided by state law had it not been for §1926(b).
P. 04/06
When the city did not pay as promptly as tho rural water association believed it
should, it informed the city that release of the 26.15 acres would not be done unless
the city paid the association an additional $39,000 to settle a dispute dating back to
19861 in which the association sued the city because it extended water and fire service
to 52 lots without the association's written agreement. The city had relied on verbal
permission, because the association could not provide the six-inch line required to
provide fire protection service, and extended its lines the area, after which the
association sued, demanding $1500 per lot as settlement. Asa result of §1926(b), the
city paid $781000 it would not have been required to pay under state law, in order to
respond to citizens' need and desire for fire protection who could not get such service
any other way. In return, the association merely gave up the right to provide service in
the area, even though it was not able to provide adequate service there.
0
DEC-08-00 FRI 11�21 AM TML FAX NO, 5127196390
Oil
4, San Marcos, Texas
San Marcos, population 39, 491, in flays County, Texas, is located between Austin
and San Antonio on Interstate-35, which extends to Laredo and Mexico, along which
tremendous levels of NAFTA-trade traffic travels daily. The city has experienced
phenomenal commercial and industrial growth along the 1-35 corridor in the south part
of town. It has not experienced similar growth in the north part of town, however,
because the area is in the service area of a rural water association that has federal debt
and the "protection" of § 1926(b). The rural water association is unable to provide the
type of service necessary to support such development, but refuses to allow the city to
provide the service. The city has been approached dozens of times over the last few
years by developers proposing major economic growth projects, all of which have not
come to fruition due to the existence of the rural water association and § 1926(b). At
_ , nnn .�tlj!VMe PUJIA la , :a%01„ �„ i eAn n,r�t w�tpi acsn[:iutian negotiated a written
agreement whereby the association would sell tlue city portions of its service area as
the city expanded, but the association subsequently breached the agreement. The city
decided that litigation to enforce the agreement would be too risky, due to the absolute
protection the federal courts have given such rural water associations under §1926(b)_
5. Taylor, Texas
Taylor, population 14,69O, in Williamson County, is located near Austin and has
experienced significant growth in recent years. A rural water Association that has
federal debt, and thus the "protection" of §1926(b), has water lines near the city and a
state certificate that authorizes it to provide water service within 200 feet of the line.
The association does not have lines large enough to provide fire protection service or
water service to densely developed property, and it does not provide sewer service.
The city is capable of providing all three types of service, but the association refused
to allow the city to serve the growth areas unless the city paid the association millions
of dollars, being much more than the amount of the association's debt, and
representing only what the association perceived to be the "market price" of serving
the area. Ultimately, the city agreed to provide fire and sewer service to the growth
areas outside its corporate boundaries, but not to annex the areas and to not provide
water service, thereby losing the area as a tax base and source of water utility revenue.
6. San Juan, Texas
San Juan, population, 18,157, in Z✓Iidalgo County, is located approximately ten miles
from the border with Mexico, and in an area in which "Cotonias"—low-income
developments with little or no water or wastewater servicc—are a common
development problem. It Is also located adjacent to the service area of one of a rural
water association with a service area that encompasses more than a thousand square
miles. Due to the size of its service area, the association is unable to provide service,
or even construct water lines, in its entire area, and in years past it readily agreed to
aHow the City of San Juan to provide service near the city when development
occurred, both in writing in orally. When a more affluent subdivision was planned
3
P, 05/06
DEC-08-00 FRI 11:22 AM TML FAX NO, 5127196390
near the city, San Juan, relying on past experience, agreed to serve it. However, the
association sued, claiming the "protection" of §1926(b). The city, hoping to get
authority from the slate to provide more adequate service than the association was
capable of providing, filed an application with the Texas Natural Resources
Commission for certification to serve the area. However, the association argued, and
the federal district court agreed, that §1926(b) prevented the city from even filing its
application with the state agency. In other words, mere compliance with state law to
remedy a water service problem was determined to be the type of "encroachment" on
a federally -indebted water association's service area that is prohibited by §1926(b).
The city lost the case at the district court level and was denied the ability to provide
water and other services in the area, even though the association had no lines in the
area of the subdivision and the city was able and prepared to serve. The Fifth Circuit
Court of Appeals atlirmcd (90 F.3d 910) in 1996, although it stated in a footnote that
if Apntinrd tn n►le. (in the issue of whether the city_ 's applying to the state agency was
prohibited by federal law.
7. Commerce, Texas
Commence, "Texas, population 7,205, in Hunt County, experienced a completely
different, but equally alarming aspect of the effects of § 1926(b). The city entered into
negotiations with two rural water associations whereby the city would supply water to
the associations. In regard to the one association, the negotiations took several years
to complete, but both parties finally reached agreement and prepared a contract that
was placed on the association's board agenda for execution. Before it could do so,
however, the United States Department of Agriculture's Rural Development
Administration notified the board that the contract was not suitable due to §1926(b),
leaving the city and the association in a stalemate.
The other• water association approached the city after being placed under enforcement
by the Texas Natural Resource Conservation Corporation for failure to maintain
adequate water pressure to serve its customers. Before the city --the association's only
source of additional water capacity --could sign an agreement with the association,
however, USDA intervened and determined the contract was not appropriate under
§1926(b). Thus, the statute has worked not only to prevent cities from providing
water service to growth areas, but to prevent associations from providing adequate
service to their own customers and relief from state enforcement action.
8. Other Texas cities with similar experiences;
Abilene Alamo
Bryan Clyde
Elsa Flower Mound
llarlingen 1-lubbard
I.,a Feria Longview
Murphy Paris
Temple Weslaco
Blooming Grove
Boyd
College Station Denton
Forney Georgetown
Hudson Huntsville
Lorena Los 1: resnos
Reno Royse City
Brownsville
1✓dinburg
Gunter
Krum
Mission
Springtown
12/08/2000 15:33 FAX
COMPANY:
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PHONE NUMB$M:
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ZpYA1. Not OF'PAGES INCLUDI IG COVER:
12/08/2000 15:34 FAX
f� 003
i aria Tor ciecvic service
Texas Utilities Electric Company
3.1 Residential Service Sheet: 1
Applicable: Entire System Page 1 of 1
Effective Date: May 16, 1994 Revision: Two
Application
Applicable to all customers for all of the electric service supplied atone point of delivery and measured through one meter used for
residential purposes (which may include small amounts of commercial usage incidental to residential usage) in an individual private
dwelling or in an individually metered apartment for which no specific rate is provided.
Not applicable to temporary, shared or resale service.
Type of Service
Single or three phase, 60 hertz, at standard voltages as described in the Company's Tariff for Electric Service. Where service of the
type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between
the Company and Customer may be required prior to service being furnished.
Monthly Rate
Charge
�O
Customer
$6.00
Energy
On -Peak Months
All kWh
6.26 ¢ per kWh
Off -Peak Months
First 600 kWh
5.89 ¢ per kWh
All additional kWh
4.12 ¢ per kWh
Minimum
$6.00
Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC.
Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR.
Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter.
Definitions
On -peak months are the billing months of June through October. Off-peak months are the billing months of November through May.
An Agreement for Electric Service with a term of not less than one year is required when special contract arrangements are involved.
Notice
Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company s Tariff for Electric Service.
i arifr Tor tiewic service
Texas Utilities Electric Company
3.4 Other
Sheet: 5
Applicable: Entire System Page 1 of 2
Effective Date: March 10, 1997 Revision: Three
0 3.4.6 Rider PCR w Power Cost Recovery
Application
Applicable to all rate schedulesthat include kWh billing. To the amount due from charges of the rate schedules under which electric
service is provided is added the cost of purchased power capacity from qualifying facilities and the cost of demand4de management
(DSM) resources approved by the Commission in its Docket No. 14570 or approved by the Commission after selection in a solicitation
conducted pursuant to the terms of the Commission's Second Order on Rehearing in Docket No.13575 incurred by the Company in
providing electric service. The sum of these is billed uniformly to all customers on each of the said rate schedules in proportion to the
number of kWh used, excluding kWh associated with interruptible load. This is done by determining a power cost recovery factor.
Method of Calculation
A Power Cost Recovery Factor (PCRF) is calculated monthly for each major rate class. The formula forthe PCRF is:
PCRF = (PP +DSM) / S, where:
P = Estimated costs of purchased power capacity from qualifying facilities pursuant to firm capacity contracts that vary from purchased
power capacity costs from qualifying facilities utilized to fix base rates.
D = Demand allocation factor for the major rate class from the Company's cost allocation study approved in the most recent rate case,
as follows:
Major Rate Class
Rate Schedules
Demand Allocation Factor
Residential Service
R, RLU, RTU
0,43171490
General Service Secondary
GS, OL (including all riders)
0.35546154
General Service Primary
GP, SSGT (including all riders)
0407176181
Municipal Service
MP, MS, SL
0•05340492
Wholesale Power Service
WP
00049183BO
High Voltage Service
HV (including all riders) 0,03847303
A =Adjustment applied in the current month to correct for the difference between the actual and estimated power cost revenue of the
second preceding month, calculated by the formula:
A = R - (GA2), where:
R = Actual revenue received from the application ofthe PP component in the second preceding month.
C =Actual recoverable power cost for the second preceding month.
AZ =the adjustment (A) applied to the PP component in the second preceding month.
DSM = (DP - DA) x DS, where:
DP = Actual costs to acquire demand -side management resources approved by the Commission in its Docket No. 14570 or
approved by the Commission after selection in a solicitation conducted pursuant to the terms of the Commission's Second
Order on Rehearing in Docket No. 13575, provided that DP shall, in any 12-month period, include only demand4de
management costs that are in excess of an amount equal to the product of $9.8 million multiplied by the quotient of the
Company's total firm kWh sales during the most recent calendar year divided by 75,259,682,217 kWh.
DS = DSM allocation factor for the major rate case class determined from the Final Order in Docket No. 11735, the Company's most
recent rate case, as follows:
0^4, . O. k^A..l.. AG
1 ariTT Tor tiecwic,ervlce
Texas Utilities Electric Company
3.4 Other
Sheet: 5
Applicable: Entire System Page 2 of 2
Effective Date: March 10, 1997 Revision: Three
Major Rate Case
Rate Schedules
DSM Allocation Factor
Residential Service
R, RLU, RTU
0649810395
General Service Secondary
GS, OL (including all riders)
0,34792586
General Service Primary
GP, SSC-T (including all riders)
0406052533
Municipal Service
MP, MS, SL
0.04231282
Wholesale Power Service
WP
0602916878
High Voltage Service
HV (including all riders)
0.02196326
DA = Adjustment applied in the current month to correct for the difference between the actual recoverable demand side
management cost and the revenue received from the application of the DSM component in the second preceding month,
calculated by the formula:
DA = DR - (DC - DA2), where
DR = Actual revenue received from the application of the DSM component in the second preceding month.
DC = Actual recoverable demand -side management cost to acquire demand -side management resources approved by the
Commission in its Docket No. 14570 or approved by the Commission after selection in a solicitation conducted
pursuant to the terms of the Commission's Second Order on Rehearing in Docket No,13575 for the second preceding
month.
DA2 = The adjustment (DA) applied to the DSM component in the second preceding month.
S = Estimated kWh sales for the major rate class for the current billing month, excluding kWh sales associated with interruptible
load.
Ifthe calculation of DP above results in a number less than zero, lt will be set equal to zero.
The Power Cost Recovery Factor is calculated to the nearest 0.0001 cent.
The Power Cost to be billed is determined by multiplying the kWh used by the appropriate PCRF. The Power Cost is determined to the
nearest whole cent.
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