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
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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
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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