Loading...
07/03/2000-CC-Agenda Packet-Regular1. 2. 3. AGENDA CITY COUNCIL MONDAY, JULY 39 2000 7:00 P.M. 201 BOLIVAR Call Meeting to Order, Invocation, Pledge of Allegiance. a) Approve Minutes: b) Disbursements Citizen's Input. CONSENT AGENDA June 19, 2000 4. Consider and Possible Action on Request Presented by Curtis Sims with Millennium Homes, and Mike Walthall with Governmental Service Agency. 5. Consider and Possible Action on Appointment of All Board Members. 6. Conduct Public Hearing to consider a Specific Use Permit to put a Manufactured Home on property zoned Agriculture. The Property is legally described as Lot 2, Double Twins Addition, Phase H as drawn in the H. Tierwester Survey, Abstract 1241. Property is located on Keaton Road behind Cobblestone Day Care. 7. Consider and Possible Action Regarding a Specific Use Permit to put a Manufactured Home on property zoned Agriculture. The Property is legally described as Lot 2, Double Twins Addition, Phase H as drawn in the H. Tierwester Survey, Abstract 1241. Property is located on Keaton Road behind Cobblestone Day Care. 8. Consider and Possible Action on Resolution #06-06-00 - Authorizing Award of an Administrative Services Contract for the City's 20014.003 TCDP Projects, Contingent upon Grant Award, 9. Conduct Public Hearing on Proposed Annexations on Properties Legally Described as Follows: BEING ALL THAT TRACT OR PARCEL OF LAND WHICH SITUATED IN ABSTRACT 71, BURLESON SURVEY, TRACT 27A, BEING 15 ACRES. PROPERTY IS LOCATED AT 1801 S. STEMMONS. ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 45, BEING 2.50 ACRES, PROPERTY IS LOCATED AT 4799 BELZ ROAD. ABSTRACT 71A, BURLESON SURVEY, TRACT 7, BEING 22.11 ACRES. PROPERTY IS LOCATED ON COWLING ROAD (OLD US HWY 77). ABSTRACT 71A, BURLESON SURVEY, TRACT 26, BEING 29,331 ACRES, AND ABSTRACT 666A, JOHNSON SURVEY, TRACT 3 & 8, BEING 35.036 ACRES, AND ABSTRACT 066, IN THE RA. JOHNSON SURVEY, TRACT 49 BEING 43.694 ACRES. PROPERTY IS LOCATED ON STEMMONS RD (Eagle Farms), AND ONE MILE WEST ON BELZ ROAD, RIGHT OF WAY, AND ABSTRACT 071A, BURLESON, TRACT 6, BEING 4.0129 ACRES (HALSLER), AND ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (HAISLER), AND ABSTRACT 93A BURLESON, TRACT 4 & 5 (PT), BEING 16.000 ACRES (HAISLER), AND ABSTRACT 664A, F. JAIME, TRACT 311 BEING 9.61 ACRES (HAISLER), AND ABSTRACT 666A, JOHNSON, TRACT 2, BEING 177.87 ACRES (HAISLER), AND ABSTRACT 299 R. BEBEE SURVEY, TRACT 1099 BEING 4.1277 ACRES, (KT'S) AND, ABSTRACT 29, R. BEBEE SURVEY, TRACT 116, BEING 3.00 ACRES (BEARD'S), AND ABSTRACT 1241. HENRY TIERWESTER SURVEY. BEING PART OF A CALLED 66 ACRE TRACT H, BEING A TOTAL OF 26.1544 ACRES. TO BE KNOWN AS HERITAGE WEST ADDITION, AND INDIAN SPRINGS EST, BLOCK A, LOT 6, AND INDIAN SPRINGS EST, BLOCK A, LOT 2, AND INDIAN SPRINGS EST, BLOCK A, LOT 1. 10. Consider and Possible Action on Employing Two (2) Additional Employees in the Electric Department, 11. Consider and Possible Action Regarding City Council Member Attending the AMCC 35"' Annual Institute in Corpus Christi on July 27th-30th, 2000. 12. Consider and Possible Action on Material Bid for Electric Department. 13. Consider and Possible Action on Awarding Bid for Utility Rate Study. 14. Consider and Passible Action on Authorizing the 4A Board to Spend One Million Dollars on the Purchase of and for the Wal-Mart Distribution Center, 15. Consider and Possible Action on Resolution #07-07-00 -Authorizing Loan from GNB. 16. Consider AD *hl e Action on City Funding to Build a Bandstand at City Park. 17. Any Other Such Matters. 18. Adjourn. Rosalie Chavez, City 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: CITY COUNCIL JUNE 199 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, Administrative Assistant Samantha Renz, Esmera Ida Wilkerson - Billing Clerk, Electric Superintendent Jeff Morris, Police Chief Curtis Amyx, J.O. Hopkins, Bryan Grimes, Shelley Ruland, Frank Rodgers and Sue Rodgers 1. Mayor Call Meeting to Order, City Manager led the Invocation, and Councilman Garza led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: June 5, 2000 June 12, 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. J.O. Hopkins, 110 Southpark Ct., indicated he had two things to discuss. First he passed a letter to the Council to read, and then showed a survey of his property. He indicated eighty two feet of his neighbors fence was on his property, and that he started to take the fence down; however, a Sanger Police officer told him if the fence falls, he will be arrested. He feels his neighbor is trespassing. Councilman McNeill asked how long the fence had been there. Mr. Hopkins indicated less than two months. He had sent him a letter asking him to remove the fence, then filed at the Justice of the Peace court, but all he got was the run around. He indicated the fence is crooked, and not put back in the same place the old fence was. Councilman McNeill asked what the J.P. Court told him. Mr. Hopkins indicated they ruled in favor of his neighbor. Mayor indicated it was only about two inches on his property. He indicated they were not a court, and there was not anything they could do. Discussion continued. Mayor indicated his time was up, and suggested Mr. Hopkins sit down with his neighbor and work it out. Mayor moved to Item #8. 4.(8} Consider and Possible Action on Resolution ffW03-00 - Authorizing the Award of Service Provider Contract for the Texas Community Development Program. Bryan Grimes, Grantworks, indicated he had previously spoken with the Council, and been given authorization to proceed with the grant application on water and sewer. Mr. Grimes read the resolution: A RESOLUTION OF SANGER, TEXAS, AUTHORIZING THE AWARD OF SERVICE PROVIDER CONTRACTS FOR THE TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) CONTINGENT UPON THE RECEIPT OF A PROGRAM YEAR 20015 20029 OR 2003 TCDP GRANT. WHEREAS, the TCDP has determined that the request -for -proposals (RFP) process used to select service providers may cause a significant delay in the implementation of TCDP grant contracts; WHEREAS, the TCDP shall award five (5) points to TCDP applicants that complete the RFP process for applications submitted under the Community Development Fund prior to the August 24, 2000. Deadline for the Program Years 2001/2002 biennial funding competition; WHEREAS, these five (5) points may be vital in determining whether or not the application is selected for funding; and WHEREAS, the TCDP has determined that the RFP process, including selection of service providers will be valid for Program Years 2001, 20029 and 20039 NOW, THEREFORE, BE TT RESOLVED: Section 1. That be awarded a contract to provide TCDP project- relatedprofessional engineering services for TCDP program Year 2001, 2002, or 2003 TCDP grant(s); and Section 2. That any and all contracts or commitments made with the above named service providers are fully dependent on the actual award and receipt of a TCDP Program Year 2001, 2002, Or 32003 TCDP grant(s). PASSED AND APPROVED, this 19" day of June, 2000. Mr. Grimes indicated the council needed to fill in the blank with one of the engineer's who sent a proposal, and then vote on the resolution. Councilman McNeill asked if they don't get the grant, can they change grant writers. Mr. Grimes indicated they could change at any time. Discussion regarding the Resolution, and that the engineering casts will be part of the r grant. City Manger indicated staff recommended Hunter Associates. Councilman McNeill moved to accept staff s recommendation and fill in the blank with Hunter Associates. Councilman Waggoner seconded. Motion carried unanimously. Councilman Ervin moved to adopt Resolution 06-03-00 as presented. Councilman McNeill seconded. Motion carried unanimously. Mayor moved up Item #9. 5.(9) Consider and Possible Action on Resolution #06-04-00 -Authorizing the Submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs, Bryan Grimes read the Resolution: A RESOLUTION OF SANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING HE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City desires to develop a viable community for all its citizens; WHEREAS, certain conditions exist in the community which represent a threat to the public health and safety; and WHEREAS, it Be necessary and in the best interests OF THE City to apply for Community Development funds under the 2001-2002 Texas Community Development program; NOW, THEREFORE, BE IT RESOLVED: Section 1. That a Texas Community Development Program application is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs for funding consideration under the Community Development Fund; Section 2. That the application be for up to $250,000 of grant funds to carry out project administration, engineering, and water and sewer system improvements; Section 3. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorizes Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program; Section 4. That matching funds in an amount of no less than 2016 of the grant request shall be provided by the City from its general and utility funds as cash and in kind match for the construction of this improvements program. PASSED AND APPROVED, this 19"' day of June, 2000. Councilman Ervin moved to adopt Resolution #06-04-00. Councilman Waggoner seconded. Motion carried unanimously. 6.(4) Consider and Possible Action on Resolution 06-02-00 to Set Date and Time and Place for Public Hearings on Proposed Annexation, A RESOLUTION SETTING A DATE, TIlVIE 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 July 3, 2000, and on July 17, 2000, for the purpose of considering annexation into the City limits of the following described property: BEING ALL THAT TRACT OR PARCEL OF LAND WHICH SITUATED IN ABSTRACT 719 BURLESON SURVEY, TRACT 27A9 BEING 15 ACRES. PROPERTY IS LOCATED AT 1801 S. STEMMONS. ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 4S, BEING 2.50 ACRES. PROPERTY IS LOCATED AT 4799 BELZ ROAD. ABSTRACT 71A, BURLESON SURVEY, TRACT 7, BEING 22.11 ACRES. PROPERTY IS LOCATED ON COWLING ROAD (OLD US HWY 77). ABSTRACT 71A, BURLESON SURVEY, TRACT 26, BEING 29.331 ACRES, AND ABSTRACT 666A, JOHNSON SURVEY, TRACT 3 & 8, BEING 35.036 ACRES, AND ABSTRACT 666, IN THE R.A. JOHNSON SURVEY, TRACT 4, BEING 43.694 ACRES. PROPERTY IS LOCATED ON STEMMONS RD (Eagle Farms), AND ONE MILE WEST ON BELZ ROAD, RIGHT OF WAY, AND ABSTRACT 071A, BURLESON, TRACT 6, BEING 4.0129 ACRES (HAISLER), AND ABSTRACT 940A MCHINNEY & WIL,LIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (HAISLER), AND ABSTRACT 93A BURLESON, TRACT 4 & 5 (PT), BEING luau"" ACRES (HAISLER), AND ABSTRACT u64A, F. JAIME, TRACT 319 BEING 9.61 ACRES (HAISLER), AND ABSTRACT 666A1 JOHNSON9 TRACT 29 BEING 177.87 ACRES (HAISLER)9 AND ABSTRACT 29, R. BEBEE SURVEY, TRACT 109, BEING 4.1277 ACRES, (KT'S) AND, ABSTRACT 29, R. BEBEE SURVEY, TRACT 116, BEING 3.00 ACRES (BEARD'S), AND ABSTRACT 1241. HENRY TIERWESTER SURVEY. BEING PART OF A CALLED 66 ACRE TRACT H. BEING A TOTAL OF 26,1544 ACRES, TO BE KNOWN AS HERITAGE WEST ADDITION, AND INDIAN SPRINGS EST, BLOCK A, LOT 6, AND INDIAN SPRINGS EST, BLOCK A, LOT 2, AND INDIAN SPRINGS EST, BLOCK A, LOT 1. PASSED AND APPROVED, this 19th day of June, 2000. Councilman Ervin asked how it is decided what land to annex. City Manager explained some are getting city services, and others need to be annexed in order to fill I, holes. Discussion regarding the land in between Indian Springs and Heritage West. Discussion regarding proposed annexations. Councilman Ervin moved to adopt Resolution #06-02-00. Councilman Garza seconded. Motion carried unanimously. Consider and Possible Action on Awarding Bid for the Acker Street Well Site Project, City Manager explained a bid does not need to be awarded on this item. This is to let the Council know the approximate cost of the project. Councilman Ervin asked if this was in Bolivar's CCN. City Manager indicated it was, but the developers had requested the City approach Bolivar about allowing the City to service it. Discussion regarding the development and labor. No action taken. 8.(6) Consider and Possible Action Regarding Interlocal Agreement with Denton County Tax Office for Tax Collection. City Manager indicated this will allow the County to keep handling the City's billing and collecting. Councilman Higgs moved to accept it. Councilman McNeill seconded. Motion carried unanimously. 9.('7) Consider and Possible Action on Appointing Alternates to the Board of Adjustments. City Manager explained that the Charter calls for a seven (7) member board, and for six (6) members to be present to form a quorum. The Charter does restrict the City from having alternates.. Staff is requesting to appoint four (4) alternates to the board. Councilman Ervin moved to appoint Jerry Jenkins, Pete Morris, Lisa Hardy and John Springer as alternate members to the Board of Adjustments. Councilman Waggoner seconded. Motion carried unanimously. 10. Consider and Possible Action on Resolution #06-05-00 - Land Use Study and Maps. Ken Coignet, with Public Management, indicated he had made the corrections noted a the workshop. He indicated the only change to the map was to add the road for the school. He indicated he had added three appendixes to the back of the packet. Discussion regarding the appendixes. Mr. Coignet indicated the residential count had been adjusted to six acres. Thoroughfare standards had been added. Mayor indicated he should take out the commercial on Belz Road, that was indicated on the map, because it is residential in that area. Discussion regarding the map and study. Mayor read the Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, APPROVING AND ADOPTING THE 2000-202 HOUSING/POPULATION/LAND USE PLAN AND THE MAPS WITHIN THAT PLAN. WHEREAS, the City Council of the City of Sanger desires to develop a viable urban community for all residents of Sanger, and WHEREAS, certain conditions exist which require guidance in making decisions in the development of the community; and WHEREAS, it is necessary and in the best interests of the City of Sanger to approve and adopt the 2000-2020 Housing/Population/Land Use Plan and the maps within that Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: 1. That the City of Sanger adopt and approve the 2000-2020 Housing/Population/Land Use Plan. 2. That the City of Sanger adopt and approve the maps within the 2000-2020 Housing/Population/Land Use Plan. Councilman Higgs moved to accept Resolution #06-05-00. Councilman McNeill seconded. Motion carried unanimously. 11. Consider and Possible Action on Amending Budgeted Line Item 58-6030 -Motor Vehicles for the Electric Department. Councilman McNeill asked if this would be an additional pole trailer. Jeff Morris indicated this would replace the existing one, which is in bad shape. Councilman McNeill moved to spend the money. Councilman Garza seconded. Motion carried unanimously. 12. Any Other Such Matters. A) City Manger indicated staff had obtained copies of minutes from Bolivar regarding Bolivar Water, there is one date that is particularly interesting that will be forwarded to the attorney before anything is done. Councilman McNeill indicated he was wondering if it would be worth their time to get a statement from Benny Parennt, and also to meet with Mr. Nichols and Mr. Dillard at the same time. B) City Manager indicated Mr. Thompson had called about the Wal-Mart job, and needed a place to haul some dirt, he indicated he had 40,000 yards of top soil, and 400,000 yards of clay. City Manager indicated he advised Mr. Thompson the City needed 9,000 yards on the ball field. C) City Manager went over the memo from the City Secretary regarding the paint and repair of the Code Enforcement Officer's vehicle to be used for the Administration Department. D) Councilman Ervin indicated Bob was doing a good job on the list of high weeds, and tree limb complaints, and he would like the paper to write something about the remaining problems. E) Discussion regarding the sign that had been moved on Porter's property. F) Councilman Higgs indicated he had been approached regarding the traffic on Freese Drive, he felt that maybe a stop sign should be put on the road to slow people down. Discussion. G) Mayor asked how far out the Police officers patrol. Police Chief indicated one mile past the City Limit signs. H) City Manager indicated the 6" temporary line for Wal-Mart would be completed tomorrow. 13. Meeting Adjourned. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City desires to develop a viable community for all its citizens; WHEREAS, certain conditions exist in the community which represent a threat to the public health and safety, and WHEREAS, it is necessary and in the best interests of the City to apply for Community Development funds under the 2001-2002 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED: Section 1. That a Texas Community Development Program application is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs for funding consideration under the Community Development Fund; Section 2. That the application be for up to 250 000 of grant funds to carry out project acquisition, construction, engineering and/or administration activities of this water and/or wastewater systems improvements program; Section 3. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this this and the CI ty's participation in the Texas Community Development Program; and Section 4. That matching funds in an amount not less than 20 percent shall be provided by the City from its general or utility fund toward the construction of this water and/or wastewater systems improvements program. PASSED AND APPROVED, this 19�' day of June, 2000. ATTEST: MAYOR CITY SECRETARY : ;ran#Works Planning, Housing &Community Development Services for Rural Texas Since 1979 To: Ms. Rosalie Chavez, City Secretary, City of Sanger Date: 6/11/2000 From: Ms. Martha Drake, GrantWorks Inc., Gonzales office Project: TCDP 2001/02 Subject: Public Hearing, City Council Resolution and Service Provider Contracts Remarks: The public hearing for the City's 2001-02 TCDP application has been scheduled for June 19th at 5:45 P.M. at the City Hall. Bryan Grimes will conduct the public hearing. Also, please place the following items on your City Council agenda for the June 19 meeting: • Consider resolution authorizing submission of an application fora 2001-02 Texas Community Development Program Community Development Fund grant. • Consider resolution to authorize award of professional service provider contracts for the City's 2001-03 TCDP Projects, contingent upon grant award. Copies of the resolutions are attached. We also will contact your engineer to advise him that the application project will be discussed during the meeting and that the engineering contract will be awarded. Additionally, the deadline for receiving service provider proposals was June 1, therefore, we are sending are score sheets and instructions for ranking any proposals that you may have received. Because the proposals are bulky, normally, the city secretary and/or city manager meet with at least one member of the Council and rate the proposals prior to the Council meeting. They then make a recommendation at the meeting. We'll be glad to answer any questions you may have about scoring the proposals. I'll be in your area Friday afternoon, June 16, and will stop by City Hall to introduce myself and deliver the original resolutions. Thank you for your assistance and please feel free to call me if you have any questions. I'll be in touch soon. M�Ua P.O. Box 512, Gonzales, TX 78629; PH (830) 672-5692; FAX (830) 672-4953%� RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, AUTHORIZING THE AWARD OF SERVICE PROVIDER CONTRACTS FOR THE TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) CONTINGENT UPON THE RECEIPT OF A PROGRAM YEAR 2001, 2002, OR 2003 TCDP GRANT. WHEREAS, the TCDP has determined that the request -for -proposals (RFP) process used to select service providers may cause a significant delay in the implementation of TCDP grant contracts; WHEREAS, the TCDP shall award five (5) points to TCDP applicants that complete the RFP process for applications submitted under the Community Development Fund prior to the August 24, 2000, deadline for the Program Years 2001/2002 biennial funding competition; WHEREAS, these five (5) points may be vital in determining whether or not the application is selected for funding; and WHEREAS, the TCDP has determined that the RFP process, including selection of service providers will be valid for Program Years 2001, 2002, and 2003, NOW, THEREFORE, BE IT RESOLVED: Section 1A. That be awarded a contract to provide TCDP project -related administrative services for TCDP Program Year 2001, 2002, or 2003 grant(s); Section 1 B. That be awarded a contract to provide TCDP project -related professional engineering services for TCDP Program Year 2001, 2002, or 2003 TCDP grant(s); and Section 1 C. That be awarded a contract to provide TCDP project -related planning services for TCDP Program Year 2001, 2002, or 2003 TCDP grant(s); Section 2. That any and all contracts or commitments made with the above -named services providers are fully dependent on the actual award and receipt of a TCDP Program Year 2001, 2002, or 2003 TCDP grant(s). PASSED AND APPROVED, this 19�' day of June, 2000. ATTEST: MAYOR CITY SECRETARY CITY OF SANGER 2001-2003 TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS INSTRUCTIONS FOR RATING SERVICE PROVIDER PROPOSALS Engineering consultant services 1. In rating proposals for engineering/architectural services, the following factors should be weighed when considering experience (possible 40 points): • What is the extent of experience the firm has had designing the type of improvements being proposed? • What is the extent of experience the firm has had with construction management? • What is the extent of experience the firm has had with Federally funded construction projects? • Has the firm worked on projects that were located in this general region? • What is the extent of experience the firm and/or its consultant has had with the City? 2. The following factors should be weighed when considering work performance (if necessary, the reviewer may wish to contact the firm 's past or current clients) (possible 36 points): • Were past projects completed in a satisfactory manner, i.e. on time and within budget? • Is the firm's work product consistently of a high quality with a low level of errors? • Has the firm responsed to the City's concerns or requests for actions in a timely manner? 3. The following factors should be weighed when considering capacity to perform (possible 10 points): • What is the staffing level and experience of the staff? • Does the firm have an adequate level of resources to complete management/administration of the project? • Does the firm have professional liability insurance in force? 4. The following factor should be weighed when considering affirmative action (possible 5 points): • Is the firm a small business, minority -owned or women -owned business? CITY OF SANGER 2001=2003 TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS ENGINEERING PROPOSALS SUMMARY INFORMATION Firm: Location: Project Manager: Key Personnel: Scope/Level of Services: Experience (possible 40 points): With C Work Performance (possible 25 points): Capacity to Perform (possible 10 points): Affirmative Action (possible 5 points): Total points (maxiumum of 80 points possible): Other comments: CITY OF SANGER 2001-2003 TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS INSTRUCTIONS FOR RATING SERVICE PROVIDER PROPOSALS Management consultant services 1. In rating proposals for management (administration) services, the following factors should be weighed when considering experience (possible 40 points): • What is the extent of experience the proposing firm and/or its consultant has had with Texas Community Development Program projects? • Does the firm or consultant indicate they have had experience in the following areas: Federal procurement procedures, environmental reviews, fair housing/equal employrment opportunity, financial management, real property acquisition, project construction management, labor standards requirements and audit/contract close-out? • What is the extent of experience the firm and/or its consultant has had with the City? 2. The following factors should be weighed when considering work performance (if necessary, the reviewer may wish to contact the firm and/or consultant's past or current clients) (possible 25 points): • Were past TCDP projects completed in a satisfactory manner, i.e. on time and within budget? • Is the firm and/or consultant's work product consistently of a high quality with a low level of errors? • Have past TCDP projects had a low level of monitoring findings and/or State staff concerns? • Has the firm and/or consultant responsed to the City's concerns or requests for actions in a timely manner? 3. The following factor should be weighed when considering proposed cost (possible 20 points): • Does the firm and/or consultant calculate its fee based on a percentage of only the grant amount or on the total project cost? 4. The following factors should be weighed when considering capacity to perform (possible 10 points): • What is the staffing level and experience of the staff? • Does the firm and/or consultant have an adequate level of resources to complete management/administration of the project? 5. The following factor should be weighed when considering affirmative action (possible 5 points): • Is the firm and/or consultant a small business, minority -owned or CITY OF SANGER 2001=2003 TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS ADMINISTRATION PROPOSAL SUMMARY INFORMATION Firm: Location: Project Manager: Key Personnel: Scope/bevel of Services: Experience (possible 40 points): TCDP: With Work Performance (possible 25 points): Proposed Cost (possible 20 points): Capacity to Perform (possible 10 points): Affirmative Action (possible 5 points): Total points (maxiumum of 100 points possible): Other comments: July 12, 2000 To: Honorable Mayor and Members of City Council Fr: Rose Chavez, City Secretary Re: Item # 8 The Beautification Board unanimously voted to recommend that Laverne Schertz be appointed to this Board. Staff recommends approval. The City Staff also recommends that the following reappointments be made: Municipal Judge: Danny Spindle Municipal Court Clerk: Christy Goode In the appointment of the City Attorney, Mr. Smith and I have discussed this appointment and we feel that due to the fact that there are times when we cannot reach Mr. Nichols, staff is recommending the appointment of the City Attorney be flexible to allow staff to use Mr. Robert Dillard and Mr. Louis Nichols. They both office out of the same building. July 12, 2000 To: Honorable Mayor and Members of City Council Fr: Rose Chavez, City Secretary Re: Item # 9 Attached is the petition we have received from Roger Hebard Jr. For consent to create a Municipal Utility District. I am attaching a letter received from Mr. Nichols concerning his comments. Jack will be addressing his opinions concerning this request. Council can certainly call him on Monday to discuss this issue. NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com July 63 2000 VIA FACSIMILE (940) 458-4180 AND FIRST CLASS MAIL Mr. Jacic Smith City Manager City of Sanger 201 Bolivar Street P.O. Box 578 Sanger, Texas 76266 RE: Consent to Creation of Sanger Municipal Utility District No. 1 ROBERT L. DILLARD, JR. H. LOUIS NICHOLS LAWRENCE W.JACKSON OF COUNSEL Dear Mr: Smith: At your request, we have reviewed the Petition for Consent to Creation of Sanger Municipal Utility District No. 1, and make the following comments. Since the area of the proposed District is located within the extraterritorial jurisdiction (ETJ) of the City, it is necessary for the City to consent to the creation of the District or it cannot be created. The District is proposed to be created and consisting of 292.163 acres of land described in Exhibit to the Petition. Your attention is called to the provisions in Exhibit "B" to the Petition provides that the purpose of the District is to sell water, sanitary sewer, and other services within or without the boundaries of the District. This would perhaps permit the District to extend into areas not covered in this Petition and Exhibit "B" may constitute your consent to these services being provided without the boundaries of the District in your ETJ. If it is the intention of the City Council to give consent only to the providing of these services within the District and not outside the boundaries of the District, then Exhibit "B" needs to be changed and delete the phrase in the eighth line in Exhibit "B" where reference is made to providing services within and without the boundaries of the District. This should be changed to provide only service in the District. On the other hand, if the City has no objection to the District providing the services outside of its boundaries, then there would be no reason to malce any changes in Exhibit "Be" Mr. Jack Smith City of Sanger July 6, 2000 Page 2 Your attention is called to the fact that the District will sell bonds and will levy taxes on the property located within the District. This means that if the areas should at a later date be annexed into the City, the property owners would be subject to a tax from both the District and the City. This is a policy matter for the City Council to consider. With the exception of the above comments, the Petition requesting the consent of the City is in proper form for the City to give its consent if it does not desire that the above suggested change be made. With the above suggestion being considered by the City Council, the Petition is in proper form and the consent can be given by the City Council by resolution or ordinance or simple Council motion as reflected in the minutes. If you have any questions or desire any changes be made, please let me know. HLN/j ld Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. By: NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P. PETITION FOR CONSENT TO CREATION OF SANGER MUNICIPAL UTILITY DISTRICT NO. 1 THE STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BANGER: The undersigned, Roger D. Hebard, Jr., acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, as amended, respectfully petition this Honorable Council for its consent to the creation of a municipal utility district, and for cause would respectfully show the following: The name of the proposed District shall be "Sanger Municipal Utility District No. 1." Said District shall be organized under the terms and provisions of Article III, Section 52 and Article XVI, Section 59 of the Constitution of Texas, and Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto. . Said District shall contain an area of approximately 292.163 acres of land, situated within Denton County, Texas, described by metes and bounds in Exhibit "A," attached hereto and incorporated herein, and no part thereof lies within the limits of any incorporated village, town or city. Said District is within the extraterritorial jurisdiction of the City of Sanger and is not within such jurisdiction of any other city. 4037.1\193099.2 TGREEN IV. The undersigned constitute a majority in value of the holders of title to the lands in the proposed District, as shown by the county tax rolls and conveyances of record since the date of preparation of said county tax rolls. V. Said District shall be organized for the following purposes: (1) The control, storing, preservation and distribution of its waters and flood waters, the waters of its rivers and streams, for all useful purposes, including municipal, domestic, industrial and communal uses; and (2) The control, abatement and change of any shortage or harmful excess of waters, and the protection, preservation and restoration of the purity and sanitary condition of water within the District; and (3) The collection, transportation, processing, disposal and control of all domestic, industrial or communal wastes, whether of fluids, solids or composites. The aforementioned purposes are to be accomplished by any and all mechanical and chemical means and processes incident, necessary or helpful to such purposes, to the end that public health and welfare may be conserved and promoted and the purity and sanitary condition of the State's waters protected, effected and restored. VI. The general nature of the work to be done by and within the District at the present time is the (i) construction, maintenance and operation of a waterworks system for domestic and commercial purposes; (ii) the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; (iii) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the 4037.1\193099.2 TGREEN 2 District; and (iv) such other construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized. VII. There is a necessity for the improvements above described because the District is located within an area which will experience a substantial and sustained residential and commercial growth within the immediate future, is urban in nature and is not supplied with adequate water, sanitary sewer, drainage facilities and services. The health and welfare of the future inhabitants of the District and of the inhabitants of the area adjacent thereto require the acquisition and installation of an adequate waterworks system, storm and sanitary sewer collection and disposal system. The purchase, construction, extension, improvement, maintenance and operation of such waterworks system and storm and sanitary sewer collection disposal system will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State's waters and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the organization of said District. The property cannot be developed without the creation of the District to finance the water, wastewater, drainage facilities, therefore a public necessity exists. VIII. Said proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such a nature that a waterworks system, sanitary and storm sewer systems can be constructed at a reasonable cost; and said territory will be rapidly developed primarily for residential purposes with some commercial and retail 4037.1\193099.2 TGREEN 3 use and will continue to develop until the majority of the territory located therein is used for residential purposes. IX. The undersigned, in requesting that the City Council grant its consent as above stated, is willing to accept such consent based upon the terms and conditions set out in Exhibit "B" attached hereto and in consideration of the City granting its consent for the creation of a District, the undersigned do expressly agree to comply with said conditions. Respectfully submitteddaI 4037.1\193099.2 TGREEN THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknow dged before me on / 2000 by Roger D. Hebard, Jr.` - Notary Public in and fo 4037.1\193099.2 TGREEN 5 "flLYL>sl't Aft FIELD NOTTS to all eAt certain tract of land situated in thevteubea Lite Savoy Abstract Hu -..her 29 in DantonGCounq, Taxaa, being a part of the called 101,71 aera tract described in the deed from L. L. Lecear to go Do Cooper tt u: recorded in Yolte a 458,-page 611 of the Deed Records of Deacon Cnoatys Tuas, and befnl all of the First, Second and 'third Tracta described io the dead from L. V. Wear to N. D, Cooper at ur recorded in Yolu:t 453, page 613 of the* as id Deed Raeordar the subject tract beict pore particularly described u follows: EEC2NN25C for cfie Southaasc Coraar of the trace being described berets, at-a� itoo rod set for the Southeast Corner of the said third Tract in Fitton Wad red being 26.6 feet East of a 12 inch hukherry tree fora faces torear; T4��CE South 39 ikg:eea 30 Hiautes 26 Seeoads hest with the Seutb list Of the Third Tract along the geaerai course of a Janet a distance of 3138.15 feel to $a Iron rod sec neat a fczce corner for the Southwest Corner of the h2reis dtaeribed tract is the East II:a of the Cull Coast acd Sa=t♦ It Railroad right-of-way; rHEHCE North 05 Degrees 03 Y=cvtas 19 Seconds Lest with the said East right-of- way 11ee, crossSa= the Nord line of the Third Tract mad the zarch line of the Second Tract end coatimuizq on the•said course, L1 all, a total distant of 2$52.48 feet to an i:aa rod set for tht'Southvest Corner of the tract described of 2545 acres in the deed free L. 1. Coopar.and Berri Ann Shepard to the City of Saeger, Tern, recorded In Vol= 1125, page 943, of the said Deed tteords; ,1i0CE North 69 Degrees 40 N.iautts 25 Seconds East aloe= s feece and with the South lim of the said City of Sanger Tract a distaste of 9S7.33 feet to an iron rod foe:: at the Southeast Cotner 6tre*f; T'd 010E 1+orcb Ol Dotrees 44 Y.fau**as 39 5eeaods treat aioog a fence aid with rho East lint of site uid City of Sage: Tract • datancs of 1115.50 fret to an arcs rod fouad at the Northeast Carter tbctsof in the ►forth line of the said 101.71 acre tract; Ti{S10E North 84 Decrees 25 Hiautsa 00 Seconds Yost with the North lSo+ of the 10i.71 acre tract along tare grerai cou:sr of a feece a diseases of 2371.2D Eeai to ao iroo rod fou:4 at the Northnst Corur of the tract described as 9.297 &tree in the deed frog No D• Cooper et vt to 14u henry Cooper et uz recorded in Volume 1005 page 253 of the said Deed Records; go T!'EKCL Sou**heastorl7 with ♦ fence nod the Sovthvssterly ling of the said 9.291 aczc tract, the toUoviog slr courses: South OL Degree 3S liinuta u Seconds-Usea diseases of I108 fact to ay smelt point therela,' 5outb 14 Degrees 44 tetanus 07 Setot:ds East a distance of 148.81 teat to an angle point therefa; Scut! 23 Degrees 36 YSnutea 27 Seconds Ysac a diat+eet of 228,70 test to an Bogle poiac therein ' South 33 Oe;reel 54 YSnutes 27 Seconds East a di.tanta o' 149.03 fact to an angle poiac tbar:ie; , South 54 Degrees 57 !tleates 27 Seconds lilt a distance of 161.26 feet as a: ♦ogle point therein; ' South 61 Degrees 04 Y.itates 46 Seconds Past ♦ distanca of 347,50 feet to an iron rod etc for the Southeast Corner of the 9,297 acre tree** in Wien Road= THESCL Sooch 00 Degrees 16 ltiautes 11 Seconds tilt with Narfoa Road, p+saioj the Northeast Corner of the first Tract, the Northeast Career of,tbe Second Tract and ehe fiorthea♦e Cocae: of the Third Tract and condmuing ♦long the said course, in all, a total distance of 2301474 feat to the ?LACE OF EEC.1+MO and enclosing 292#163 +eras of land. v �, EXHIBIT "B" (a) Bonds will be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Sanger, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds will expressly provide that the District reserves the right to redeem said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium and will be sold (except refunding bonds) only after the taking of public bids therefor, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the date notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty- five (45) days after notice of sale of the bonds is given. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City of Sanger, Texas, annexes the District, takes over the assets of the District and assumes all of the obligations of the District. (b) Before the commencement of any construction within the District, its directors, officers, or the developers and landowners will submit to the Director of the Department of Public Works and Engineering of the City of Sanger, or to his designated representatives, all plans and specifications for the construction of water, sanitary sewer, and drainage facilities to serve such District and obtain the approval of such plans and specifications. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City of Sanger. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto, installed or used within the District will comply with the City of Sanger's standard plans and specifications. Prior to the construction of such facilities within the District, the District or its engineer will give written notice by registered or certified mail to the Director of Public Works and Engineering, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City of Sanger; and during the progress of the construction and installation of such facilities, the Director of Public Works and Engineering of the City of Sanger, or an employee thereof, shall make periodic on -the -ground inspections. 4037.1\193099.2 TGREEN 6 RESOLUTION N0. RESOLUTION OF CITY OF SANGER, TEXAS GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WHEREAS, Pursuant to Chapters 49 and 54 of the Texas Water Code, Roger D. Hebard, Jr. (the "Petitioner") submitted to the Mayor and City Council of the City of Sanger, Texas, a Petition for Consent to Creation of Sanger Municipal Utility District No. 1, a copy of which is attached hereto as Exhibit W (the "Petition"), to serve the 292.163 acres of land in Denton County, Texas described in Exhibit "A" to the Petition; and WHEREAS, V.T.C.A. Local Government Code, Section 42.042 provides that land within the extraterritorial jurisdiction of a city may not be included within a municipal utility district without the written consent of such city, town, or village; and WHEREAS, the City Council of the City of Sanger desires to adopt Resolution No. as set forth herein for the purpose of consenting to the creation of Sanger Municipal Utility District No. 1 (the "District"); Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: 1. That all of the matters and facts set out in the preamble hereof be true and correct. 2. That the City Council of the City of Sanger, Texas, hereby specifically gives its written consent, as provided by V.T.C.A. Local Government Code, Section 42.042 to the creation of Sanger Municipal Utility District No. 1, all of which is within the extraterritorial jurisdiction of the City of Sanger, the boundaries of such land being described by metes and bounds in Exhibit "A" to the Petition. 3. That the City Council of the City of Sanger, Texas, hereby speccally consents to the creation of Sanger Municipal Utility District No. 1 subject to the conditions set forth in Exhibit "B" to the Petition. PASSED AND APPROVED on this day of July, 2000. Mayor, City of Sanger ATTEST: City Secretary, City of Sanger 4037.11228345.1 JKUOLP CERTIFICATE OF RESOLUTION NO, CITY OF SANGER, TEXAS I, the undersigned City Secretary of the City of Sanger, hereby certify that the attached and foregoing is a true and correct copy of Resolution No. , Resolution of City of Sanger, Texas, Giving Consent to the Creation of a Municipal Utility District. I further certify that said Resolution was passed and approved by the City Council A the City of Sanger on July , 2000. WITNESS MY HAND AND SEAL OF THE CITY OF SANGER, the day of July, 2000, City Secretary, City of Sanger (SEAL) 4037.1�228345.1 JKUOLD Memorandum July 13, 2000 To: Tommy Kincaid Craig Waggoner Glenn Ervin Andy Garza Joe Higgs Carroll McNeill Rose Chavez From: Jack Smith Subject: Church of Christ Building 10 CMEM021 The Elders at the Church of Christ will sell to the City of Sanger their old building and a block of land for $ 250,000.00. The building has approximately 6800 square feet, which equates to about $ 37.00 per square foot. Phelps and Wood architects will show a concept plan Monday night. Initially, with changing the restrooms to be ADA compliant, changing the flat roof to a pitched roof and reworking the office area, we will probably spend another $ 150,000.00. That makes the building $ 59.00 a square foot (about half the going rate) The bank will finance the $ 400,000.00 for 15 years at $ 42,342.72 per year or 20 years at $ 36,354.96 per year. We will work on the Council chambers in another phase. With a very little work we can make the sanctuary work with little remodeling. July 12, 2000 To: Honorable Mayor and Members of City Council Fr: Rose Chavez, City Secretary Re: Item # I l Chief Amyx has approached Mr. Smith with a request for Policy Procedures to off -duty security employment. Attached is Mr. Nichols comments in regards to the attached policy. 2000 10438 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180' P,02/03 NICHOLS, JACKSON. DILLARD, HAGER SNUTLi, L.LY ]ill K. Bramlen ,email: ibmnlw,@njdhs.com Mr, Sack L. Smith City Manager City of Sanger 201 Bolivar Street P.O. Box 578 Sanger, Texas 76266 Dear Mr. Smith: Attorneys a twoumelors at Law 800 Lincoln Plaza 500 North AAatd Dallas, Texas 75201 (214) 965M00 Fax (214)965-0010 E mail NJDHS@NJDHS.con i July 3, 2400 • y . Pursuant to your request, the undersigzled provides the following opinion relating to the rules for the off -duty employment of the City of Sanger Peace Officers. Peace Officers should request written approval to perform outside employment and to wear police uniforms or utilize City of Sanger police units in the performance of outside employment. Such request should be submitted to the Chief of Police on a form designated by the City. Thereafter, the Chief of Police must approve that form and the request(s) by affixing his signature thereto. The requirement that such outside employment and duties shall be of a police nature is a good provision and should remain in this policy. Additionally, the application form and policy should state that all approval is subject to this requirement and if a person fails to follow such policy, any such approval granted is hereby rescinded by the City. Under Section (I-�(]) of the proposed Policy, the word "sell" is excluded from the following sentence: "Employment in establishments which (sell] sex gomographic books, magazines, sexual devices, or videos, or that otherwise provide entertainrncnt or services of a sexual nature" Under Section (M(2), the word " rind al" is misspelled. In regards to Section (E), the City is dictating which laws the Officers shall enforce. We recammend language such as the following: "In the performance of all outside employttterrt, officers shall follow all laws, both statutory and constitutional, of cities, counties, states and the United States, as jurisdictionally applicable. Additionally, such peace officers engaged in outside employment shall follow all policies and procedures of the City of Sanger for police officers in the execution of these duties. For purposes of example only, this shall include, )47a9 cr�r�e� 1 b : J, J rK N 1 I.HVLS JHloKSUN D I LLA4 965 0010 TO 19404584180 P , 03/03 Mr. Jack L. Smith City of Sanger July 3, 2000 Page 2 but not be limited to, all police policies regarding the use of force, pursuit or other orders or policies." In case an employee desires to review the police policies and does not hayc a copy of such, the City should specifically state the physical location of a copy of each police policy. For example, the location may be "in the office of the Chief of police" or "in the office of the City Secretary". Also, the City should list the names of the applicable policies, such as "personnel manual", "general orders', and/or "special orders", If you have any further questions, please feel free to contact vs. Jx�arld NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. 3a732 NICHOLS, JACKSON, DILLARD, I-IAGER & SMTTH, L.L.P. ** TOTAL PA6E.03 ** SECTION 79 OFF -DUTY EMPLOYMENT The Sanger Police department will allow officers the privilege of engaging in employment outside the department. Each employee has primary responsibility to work for the City of Sanger. A conflict that arises must be resolved in favor of the department. Additionally, it is necessary that an employee have adequate rest to be alert during their tour of duty. For these reasons and because certain occupations inherently conflict with an employees primary responsibility to the department, outside employment shall be governed by the restrictions below. If permission is granted for outside employment and a change occurs involving the employee's capability, or a change in department needs regarding the employee, such permission may be rescinded. The following standards must be adhered to: A. Peace Officers should request written approval to perform outside employment and to wear police uniforms or utilize City of Sanger police units in the performance of outside employment. Such request should be submitted to the Chief of Police on a form designed by the City. B. No officer will be allowed to work in outside employment if such interferes with his or her regular assigned duties. C. No officer will be allowed to be employed by arty individual or organization where any questionable or illegal activities are featured. D. Officers may not engage in off duty employment in City of Sanger police uniform in the performance of tasks other than that of a police nature. E. In the performance of all outside employment, officers shall follow all laws both statutory ane constitutional, of cities, counties, states and the United States, as jurisdictionally applicable. Additionally, such peace officers engaged in outside employment shall follow all policies and procedures of the City of Sanger for - police officers in the execution of these duties. For purposes of example only, this shall include, but not limited to, all police policies regarding the use of force, pursuit or other orders or policies. F. Officers are not allowed to wear their City of Sanger uniform in areas outside Denton County without prior approval from the Chief of Police. G. Officers may not engage in off duty employment as a process server, repossessor, bill collection, towing vehicles, or service in any other employment in which police authority might tend to appear to be used to collect money or merchandise for private purposes. H. Officers may not engage in on duty security employment that would constitute a threat to the status or dignity of the police as a professional occupation. Examples of employment presenting a threat to the status or dignity of the police profession include but are not limited to. l . Employment in establishments which sell sex pornographic books, magazines, sexual devices, or videos, or that otherwise provide entertainment or services of a sexual nature. 2. Any employment involving the sale, manufacture, or transport of alcoholic beverages as a principal business. 3. Employment in any gambling establishment not exempted by law. I. Department vehicles may not be used in the normal course of offduty security employment, except on special circumstances in which approval is received prior to the use of the vehicle. J. Portable radios may be carried and used during off duty security employment only when approved by the Chief of Police. Art. 13.26. Telecommunications Crimes An offense under Chapter 33A, Penal Code, may be prosecuted in the county in which the telecommunications service originated or terminated or in the county to which the bill for the telecommunications service was or would have been delivered. CHAPTER 14. ARREST WITHOUT WARRANT Art. 14.01. Offense Within Vew Art. 14.02. Within View of Magistrate Art. 14.03. Authority of Peace Officers Art. 14.031. Public Intoxication Art. 14.04. When Felony Has Been Committed Art. 14.05. Rights of Officer Art. 14.051. Arrest by Peace Officer From Other Jurisdiction Art. 14.06. Must Take Offender Before Magistrate Art. 14.01. Offense Within View (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. (b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. Art. 14.02. Within View of Magistrate A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender. Art 14.03. Authority of Peace Officers (a) Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws; (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person; (3) persons who the peace officer has probable cause to believe have committed the offense defined by Section 25.07, Penal Code (violation of Protective Order), if the offense is not committed in the presence of the peace officer; or (4) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person's family or household. (b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has CODE OF CRIMINAL PROCEDURE committed an offense under Section 25.07, Penal Code (violation of Protective Order), if the offense is committed in the presence of the peace officer. (c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an assault against a member of the family or household, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of family violence. (d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Title 9, Chapter 42, Penal Code, a breach of the peace, or an offense under Section 49.02, Penal Code. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. (e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article. (f) In this article, "family," "household," and "member of a household" have the meanings assigned to those terms by Section 71.01, Family Code. (g) A peace officer who is listed in Subdivision (1), (2), (3), or (4), Article 2.12, is licensed under Chapter 415, Government Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer who is outside the officer's jurisdiction may arrest a person for a violation of the Uniform Act Regulating Traffic on Highways (Article 6701d, Vemon's Texas Civil Statutes) only if the officer is listed in Subdivision (4), Article 2.12. A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06. Art. 14.031. Public Intoxication (a) In lieu of arresting an individual who commits an offense under Section 49.02, Penal Code, a peace officer may release an individual if: (1) the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and (2) the individual: (A) is released to the care of an adult who agrees to assume responsibility for the individual; or (B) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas SOURCE BOOK II: CRIMINAL LAW AND PROCEDURE, 2nd Ed. 117 July 12, 2000 To: Honorable Mayor and Members of City Council Fr: Rose Chavez, City Secretary Re: Item # 12 & 13 This second stage of our annexations is the first step to eventually get all the property on the service road north. The city has to be very careful not to annex all those tracts at the same time since the Right -of --Way is the only contiguous property to those tracts. After, visiting with Hunter and Associates, our engineers expressed that if it is done in sections it would eliminate any problems the city may encounter. I am attaching a map of the what is being proposed. On item #10 I have discovered that the school property (Clear Creek) is already in the City limits. Asper conversation with the Appraisal District this was possibly annexed in 1982.. On the property of Indian Springs Est. Block A. Lot 6 there is a concern since this is not contiguous on two sides.. We first need to annex Indian Springs Est., Block A. Lot 5 before we can proceed to annex Lot 6, Lot 5 is contiguous on two sides. This is just a reminder that when we went Home Rule it allowed the city more flexibility on how the city could annex property. The provision of supplying water to an area is not a factor. There are three factors to consider in annexations: a. The Boundaries of the city are contiguous to the area on at least two sides; b. The annexation is initiated on the written petition of owners of a majority of the qualified voters of the area; or c. If the area abuts or is contiguous to another city's boundaries RESOLUTION N0.07-08-00 A RESOLUTION SETTING A DATE, TIlViE 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 August 7, 2000, and on August 21, 2000, for the purpose of considering annexation into the City limits of the following described property: INDIAN SPRINGS EST., BLOCK A, LOT 5 1 BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY, ABSTRACT 29, TRACT 114. PASSED AND APPROVED, this 17th day of July, 2000. Mayor, Tommy Kincaid Attest: Rosalie Chavez, City Secretary f 4 � o �W G, v � �T w ,try �W e a � � J t.01 •� I N 95 fa•9o, AER��L per^ Y � � '� �f J.'�_ July l2, 2000 To: Honorable Mayor and Members of City Council Fr: Rose Chavez, City Secretary Re: Appointment of Senior Sullivan Board Members I called Dee, Span Employee to find out if she knew if the Senior Center Board was still active and she advised that it was. She also told me that she thought the only two people who serve on this Board was Maargye Henery and Hazel Martin. I asked her to get some information on their appointments and to let me know. I will include it as an agenda item for the next meeting or pass on information. MONTHLY REPORT SANGER PUBLIC LIBRARY JUNE 2000 ACTIVITIES Submitted by Victoria Elieson HIGHLIGI-ITS: A scanner was purchased with a grant from the North Texas Regional Library System and matching funds from the Friends of the Library. ADMINISTRATION: Submitted the budget request for 2000-2001 to the City Manager. Sent a letter of intent to the Telecommunications Infrastructure Fund Board. The grant application is due July 28. Consulted with Elaine Rula of the Sanger Independent School District and Adam Beatty of the North Texas Regional Library System in starting the application. The Internet computer's registry became corrupted. Adam Beatty came and fixed it, and taught the librarian how to recover a registry as well. Meetings attended: Library Board, 6/12 Forum on Public Library Standards, 6/13, Watauga, attended Vicky and also by Delores Coker. Denton County Library Advisory Board, 6/15, The Colony COLLECTION: The Videotape Players were cleaned and adjusted. PROGRAMS: Pauline Garrett was hired as the summer program aide. The theme from the Texas State Library is "Invent the Future Read". The summer started off with a storyteller funded by the North Texas Regional Library System. The storyteller, Jan Alexander, created a story using suggestions from the audience. Other weekly themes were presented by Pauline. "Imagine the Future" featured an electronic glass "crystal ball" and the children made a fancy box to keep treasures in. At the "Build the Future" program, children made structures of blocks and Legos for display in the library and a "stained glass" suncatcher to take home. For the "Crazy Characters" program, elephant puppets were made. For the "Space Race" program, children constructed and flew balloon -powered paper spacecraft. Monthly Statistics June1999 June 2000 BORROWER CARDS Last month 2945 2855 New cards 43 58 Cards reactivated 8 13 TOTAL 2996 2926 CIRCULATION Adult Nonfiction 323 333 Nonfiction Videos 38 56 Adult Fiction 203 170 Interlibrary Loan 3 6 Misc. Uncataloged 0 293 Junior Fiction 268 200 Children's Nonfiction 321 207 Children's Fiction 821 508 Paperback Fiction 263 281 Magazines 25 0 Crystal 0 2 Videos 444 337 Video Players 2 0 Audio Tapes 57 66 TOTAL 2768 2459 INTERNET USERS 109 103 PROGRAMS Children's Programs 9 8 Children Attending 132 115 Adults Attending 55 35 VOLUNTEERS Number of Adults g 2 Number of Juniors 1 4 Number of Hours 70 34 COLLECTION Last Month 15359 15623 Books Added 73 103 Books Withdrawn 77 46 Total Books 15355 15680 Paperback Fiction 2389 2455 Video Materials 592 594 Audio Materials 176 240 TOTAL COLLECTION 18512 18969 REVENUE Fines $155.35 $181.38 Copies $52.80 $40.20 ILL Postage $4.28 $7.90 Lost Materials $0.00 $15.60 New Cards $2,00 $4.75 Xerox Rebate $5.00 TOTAL $214,43 $254083 4, Jean 1, 2000 Book Review Bud, Harry take reading to new levels of fun By Vicky Elieson To be on your own, with no to tell you what to do, able to take care of yourself — this is one of childhood's favorite fantasies. Two new books at the Sanger Public Library present this theme in very different ways. t In "Bud, Not Buddy," a motherless 10-year-old sets out to find the father he has never seen. In depression -era Flint, Mich., Bud might have been better off staying at the orphanage. But when he is sent to live with a foster family as a cost-cutting measure, their meanness starts him on his way. Now he won't let anything stop him — not hunger, not fear, not even vampires (at least he's pretty sure it's vampires). To help him on his way he's got his suitcase full of special secret things, and he's got Bud Caldwell's Rules and Things to Have a Funner Life and Make a Better Liar Out of Yourself. Number 83, for instance, is "If a Adult Tells You Not to Worry, and You Weren't Worried Before, You Better Hurry Up and Start 'Cause You're Already Running Late." His view of his adventures, sometimes innocent and sometimes wise, always brings a smile or a chuckle. He reminds me of Tom Sawyer, full of mischief and loyalty, foolish fears and fantastic dreams. Harry Potter, on the other hand, reminds me more of Alice in Wonderland. Although his character qualities are a lot like Buds, his challenge is to make sense of a totally fantastical world into which he is unexpectedly thrust. In Harry's view, it's a great world, because he discovers that he has the potential to be a really good wizard. Unicorns, flying brooms and magic spells are all part of his new world. Harry's, main adventure is to save the world from a terrible wizard named Voldemort. Saving the world, passing his first term at Hogwarts School of Witchcraft and Wizardry and helping his Quidditch team win the championship are the fantastic dreams that come true for Harry in "Harry Potter and the Sorcerer's Stone." Both Harry and Bud have gotten some hard breaks in life. Both of them are trying to find a place for themselves. And both of them are the main characters of two very different but very enjoyable books. Author to make Sanger appearance kco%u� ie., �C, , zacro Musician and children's author Willy Welch will be singing, telling stores and entertaining kids during a special performance 10 a.m. Wednesday, July 5 at Sanger Public Library. The free presentation is part of the library's Invent the Future . Read! summer reading club activities. However, Library Director Vicky Elieson warns that reservations will be needed since there is only room for 50 children. Welch is best known for writing "Playing Right Field," a story about the kid who is always chosen last. The story was turned into a song and recorded three times by Peter, Paul and Mary. In addition, the song was featured on the group's three PB&TV specials and is included in the "Peter, Paul and Mary Songbook." The same song was later made into a Pizza Hut commercial. He also authored "Dancing With Daddy" and "Grumpy Bunnies," and he has written, a number of songs which have been used in episodes of "Barney." Elieson encouraged all eligible participants to sign up for the summer reading club if they haven't already done so. She also urges program participants to report the hours they already have read. 'So far 42 ' people have earned a ticket to the swimming party in August," she said. "Many of them have also earned coupons for ice cream cones and candy bars, but only a few have earned the top prizes. There are plenty of coupons and prizes left, so keep on reading." For more information about the summer reading program, or to reserve a spot to see Willy Welch, call (940) 45&3257. Willy Wol�h Assistance Visits in 2000 El Paso July 17 Midland July 19 Abilene July 21 Amarillo July 25 Wichita Falls July 26 Lubbock July 28 Austin August 1 Waco August 3 McAllen August 9 Corpus Christi August 10 San Antonio August 11 League City August 15 Conroe August 16 Beaumont August 17 Arlington August 22 Sulphur Springs August 23 Tyler August 24 The assessment and strategy process will help Texas prepare for an event that we hope will never happen. By preparing we reduce our vulnerability. The Office of the Attorney General has recently released an Economic Development Handbook for Texas cities. The publication is a two -volume handbook that explores an array of issues dealing with economic development, including grants, loans, the different uses and limitations relating to 4A and 4B tax money, and pertinent attorney general's opinions relating to devising and implementing economic development programs. The handbook may be obtained from the Office of the Attorney General, Municipal Affairs Division, at (512) 475-4683, or on the Internet at www.oa�.state.tx.us. It is not protected by copyright and may be downloaded. In the event that a hard copy is requested, only one copy will be sent to each requestor. The U.S. Supreme Court handed a victory to cities nationwide in early May, in the case of Christensen v. Harris County (No. 98-1167) when it ruled that "nothing in the Fair Labor Standards Act (FLSA) prohibits a public employer from compelling the use of compensatory time" in lieu of paying overtime to the employee. In the Christensen case, employees of the Harris County Sheriffs Department brought a lawsuit against Harris County (Texas) seeking to strike down a county policy that permitted the county to require an employee who had accumulated close to the maximum number of compensatory hours permitted, to take steps to reduce the number of compensatory hours. 3 Harris County implemented this policy for two reasons. First, it was concerned tl lacked the resources to pay overtime costs to employees who worked hours in statutory compensatory time accrual. Second, Harris County was concerned that resources to pay employees who left their jobs with sizable reserves of accrued time. gat the county excess of the it lacked the In 1985, the FLSA was amended to permit cities to compensate their employees for overtime by granting them compensatory or "comp" time a rate of 1.5 hours for every hour worked. The federal statute also caps the number of compensatory time hours that an employee may accrue. After the employee reaches the maximum, the payment of overtime is required. Under the 1985 amendments to the FLSA, comp time can be used instead of overtime, provided there is an agreement or understanding between the employer and the employee that comp time will be granted instead of cash compensation. It was undisputed at trial that the employees of Harris County individually agreed to accept comp time for overtime. Seeking clarification on what it could or could not do to reduce the accumulated comp time of its employees, Harris County wrote a letter to the Department of Labor (DOL) asking "whether the Sheriff may schedule non-exempt employees to use or take comp time." The DOL responded to Harris County by stating that "a public employer may schedule its nonexempt employees to use their accrued FLSA comp time as directed if the prior agreement specifically provides such a provision ...Absent such an agreement, ... neither the statute nor the regulations permit an employer to require an employee to use accrued comp time." Harris County enacted its comp time policy based upon this response by the DOL. The Sheriff s Department employees unsuccessfully argued to the Court that although nothing in the FLSA expressly prohibits a state or its political subdivisions from compelling employees to utilize accrued comp time, the FLSA "implicitly prohibits such a practice m the absence of an agreement or understanding authorizing compelled uses." In making this argument, the employees contended that "the express grant of control to employees to use comp time, subject to the elimination regarding undue disruptions of workplace operation, implies that all other methods of spending comp time are precluded." The Supreme Court rejected this argument and held that the FLSA does not set forth the exclusive method by which comp time can be used, but rather establishes "a safeguard to ensure that an employee will receive timely compensation for working overtime." The Supreme Court further reasoned that its holding permitting employers to force employees to use comp time is supported by the FLSA itself. Under provisions of the FLSA, an employer may reduce the number of hours that an employee works. The FLSA also perrmts an employer to "cash out" accumulated comp time by paying the employee his or her regular hourly wage for each hour accrued. "Thus," the court reasoned, "under the FLSA an employer is free to require an employee to take time off work, and an employer is also free to use the money it would have paid in wages to cash out accrued comp time. The compelled use of comp time in this case merely involves doing both of these steps at once." TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Executive Director -Frank Sturzl Genero) Counsel -Susan Horton Director of Legislative Services - Shanna Igo legislative Associate -Snapper Carr for further information contact the TML legislative Services Department 1821 Rutherford lane, Suite 400, Austin, Texas 181S4-S128 (5121 119-6300, Fox (512) 119.6390