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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 v c_ > , ri �� `„ :: rfi;o/IJ I4� D � c Yvn i w e%/)� Q; 1 I ul. 4�erc%e J _ 1hY1� �W��MSRY> . � JAVR¢ .TIM 6582 v v..wv,...._.I JONBS,TOMMY 7640 KING,RHONDA 3675 ( ✓ MORRIS,JDSTIN 9918 NBWTON,KBITH 1453 �� �� ✓ PAYNB,JOHN 3712 PBNNINGTON,DAVID 8230 PDNCHBS,JBRBMY 9684 SCHBRTZ,KBRRY 4158 SMITH,SHBRI 3341 SWAN,BOBBY 1251 SWANSON,RONNIB 4949 ��� ✓. WAGGONBR,CRAIG 1425 WBLBORN,CASBY 6413 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 06£9 6 1 L (ZIS) xuj '00£9-61L ( Z 1 5 ) • 8 Z t S 0 S L 8 L soxal 'uiIsntl '006 alms 'auopq tZBt juaw11odaa sa))nJ0S 0AIIo)s)681 WW1 aoIu0 uo0w101ut iain doi ito) jaddouS - alopossn ae)lo)s)6al 06) ouuugS . sa))nJaS an(lols16al jo jopana uoIJoH uosns - )asuno) )ntauag •anwa71vdtotanfAf svxal atp fo uoliv2potllnv uallpm ayl lnogllM luatunoop spry! fo ljt)d duv aingatlstp jo `alvalldnp `ampoidaa dvtu d'illua Jo tiosaad aarlio ov •asodand duv lof rtlajatl lvl.ralvtu atll asrt dbut salllo idqutaut 7jyj )zan�s �uoti . ao;�ana anpnjax3 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: W� PHONE NUMB$M: Y ^ UQ . 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. 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