08/16/1999-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONDAY, AUGUST 1691999
7:00 P.M.
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1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: August 2, 1999
August 3, 1999 - workshop
August 10,1999 - workshop
b) Disbursements
3. Citizen's Input.
4. Consider and Possible Action Regarding a Preliminary Plat for Southwest Estates, Being a
9.20 Acre Tract in the Henry Tierwester Survey, Abstract 1241.
5. Consider and Possible Action Regarding a Preliminary and Final Plat for Fleetwood Home
Centers of Texas, a 4.000 Acre Commercial Tract, a Part of the Rueben Bebee Survey,
Abstract No. 29. Property is located on the North Bound Side of I-35, North of Spur 138.
6.
7.
8.
9.
10.
11.
Consider and Possible Action on Awarding Fuel Bids.
Consider and Possible Action Regarding Ordinance #08-13-99 -Increasing Water and
Sewer Tap Fees.
Discussion regarding Meeting With Texas Water Development Board.
Consider and Possible Action on Metering Electric Use for the Sanger Sellabration.
Any Other Such
Adjourn.
Rosalie Chavez, City, ecretary
Date and 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.
CITY COUNCIL
August 16, 1999
MINUTES: CITY COUNCIL
AUGUST 2,1999
PRESENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Carroll
McNeill, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Joe
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Administrative
Assistant Samantha Renz, Water/Wastewater Superintendent Eddie Branham,
Electric Superintendent Jeff Morris, Streets Supervisor John Henderson, Police
Chief Benny Erwin, Lisa Hardy - Sanger Courier, Shelly Ruland, Frank
Ballard, Ken Cornell
1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, followed by the
Mayor leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: July 19,1999
b) Disbursements
Councilman Jenkins referenced page 2 of the minutes, and indicated in the paragraph
toward the middle "cast" should be changed to "cost".
Brief Discussion concerning using businesses in Sanger, and servicing of the fire
extinguishers.
Councilman Higgs asked about the 6" footballs in the disbursements.
Jeff Morris indicated it was for advertising.
Brief Discussion regarding disbursements.
Councilman Jenkins moved to approve the Consent Agenda as presented.
Councilman Ervin seconded.
Motion Carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action Regarding Request from Chamber of Commerce for
Funds from Hotel/motel Tax to be Used for the Sanger Sellabration.
Frank Ballard, 7384 Rector Rd., addressed City Council regarding this item. He
indicated the Chamber of Commerce will hold the annual Sanger Sellabration on
September 11, 1999. This will be the 213' annual sellabration. Mr. Ballard indicated
last year the city gave the Chamber $1500.00 from the Hotel/Motel Tax for advertising
for the sellabration. This year they are asking for the same $1500.00 from the
Hotel/Motel Tax.
Mr. Ballard addressed the City Council with some other requests. The Chamber has
five (5) banners they hang every year for the sellabration. The Chamber would like
to see if Jack or Jeff could help hang the banners. Mr. Ballard also addressed the
streets will need to be closed and indicated he would work with Jack on the closing of
the streets.
Discussion concerning if the $1500.00 was given to Chamber last year.
Staff indicated there were funds given, but would have to check on the exact amount.
Frank Ballard indicated that last year the City Council authorized the Chamber to
spend $10,000.00 on a booklet/brochure, since that time things have not moved like the
Chamber thought it should. He indicated it might be better to look at spending some
of that money for a production printer and software to print their own brochures, this
would allow them to print smaller quantities, and when changes are made would keep
them from being stuck with useless brochures.
Mayor asked if he had inquired on costs of printers.
Mr. Ballard indicated he had not.
Mayor indicated he should look into cost, and present it back to the council.
Mr. Ballard indicated if they use the Hotel/Motel tax to purchase the printer, it
could not be used to promote economic development, only tourism. He indicated he had
approached the 4A board about coming up with a proposal for the same thing. He
indicated perhaps the 4A board could pay for a percentage of the printer and software,
and the Hotel/Motel tax could pay for a percentage so it could be used for both tourism
and economic development.
Councilman Jenkins expressed concerns regarding the quality of the brochures.
Mr. Ballard indicated if they could not do it with the same quality as what they showed
the council originally they would not do it.
Discussion regarding content of brochures.
Councilman Jenkins moved to authorize up to $1500.00 to be used by the Chamber of
Commerce from funds from the Hotel/1vtotel occupancy tax to be used for the
advertising for the Sellabration as presented.
Councilman McNeill seconded.
Motion Carried unanimously.
5. Consider and Possible Action Regarding Ordinance #08-13-99 -Increasing Water and
Sewer Tap Fees.
Councilman Higgs indicated he had come up with the $2000.00 at the last meeting, he
did not take into consideration the extra amount that would be taken in. He indicated
Councilman McNeill had come up with a lower number and he thought it was better.
Councilman McNeill had given council a printout explaining how he had come up with
the cost to charge for each water and sewer tap. He explained the printout. The cost
he came up with was $1389.00.
Councilman McNeill indicated he felt $1500.00 was fair.
Lengthy discussion regarding actual cost of water and sewer taps.
Discussion concerning existing subdivisions and old lots, and whether or not they
should be charged the same as new subdivisions.
Council asked for input from citizens.
Ken Cornell indicated he had gone over Councilman McNeill's figures, and thought
they were good figures. He indicated he thought he would see a lot of builders at the
meeting, because they were talking about impact fees and sewage fees, and since no
builders were there, obviously they were not too concerned. He indicated Bolivar
Water charges $2,600.00 for a water tap, and septic would be a minimum of $3,000.00.
He indicated any builder can sneak in that fee, he did not think existing subdivisions
should have to pay the higher fees.
Shelley Ruland, 206 Tejas, indicated she had spoken with Councilman Jenkins, they
did not necessarily talk about cost, but did talk about who would pay the cost. She
indicated if the developer had to pay the cost, the City would only get tract home
builders, small builders could not afford it and it would put them out of business.
Mayor indicated the discussion has not been on the developer but on the builder.
Ms. Ruland indicated she did not have a problem with the higher fees, she indicated
any home built in her subdivision will impact the system, anything built on First Street
will impact the system. She felt all charges should be the same across the board,
because they will all impact the system.
Mayor expressed he was not ready to decide.
Councilman McNeill indicated he would like to wait two more weeks on this item, and
get more input.
Mayor tabled this item for two weeks.
6. Discussion Regarding Speed Limit on Second St. to 20 mph.
Police Chief Benny Erwin indicated he had spoken with Mr. Hollingsworth concerning
the speed limit, he does not want to lower it, but would like it posted where it will be
noticeable. Mr. Hollingsworth indicated he wanted the truck routes posted prior to the
route. Chief Erwin indicated he had spoken with the City Administrator and they
would get it posted.
No action taken on this item.
'7. Consider and Possible Action on F.I.R.E., Inc. in Regards to Recovery of Costs to Fire
Department for Services Rendered.
Jeff Morris, Fire Chief, indicated he had given them the information in their packets,
and would answer any questions they had.
Councilman Jenkins indicated he did not see a need for it, and he saw things in it he did
not like. He did not feel it was a necessity at this time.
Councilman Garza asked if this would apply to any fire inside or outside of town.
Mr. Morris indicated the City could set its own parameters, they could choose to bill
only County residents.
City Administrator indicated this would never be billed to an individual, they would
only bill the insurance company, and would never bill a citizen in Sanger. This is a way
to help with some of the charges in the County. This company will bill the insurance
companies.
Councilman Garza asked how far the Sanger Fire Department goes.
Mr. Morris indicated they go out past Slidell.
Discussion concerning agreement with Denton County.
Discussion concerning proposal from F.LR.E., Inc.
City Administrator indicated again that a City resident would never be billed.
Mr. Morris indicated he started this because of all the complaints received from citizens
concerning city employees fighting fires in the County. He decided to find ways to get
revenues for the Fire Department.
Councilman McNeill asked Mr. Morris how many of the references he had spoken with
concerning F.I.R.E., Inc. Mr. Morris indicated he had spoken with two fire
departments, and they are not even involved. The company does all the work, and the
fire department gets a check.
Discussed Interlocal agreement with the City of Denton.
Councilman Jenkins asked how much money could be collected.
Mr. Morris indicated Mike Barton with F.I.R.E., Inc. said they had collected
$12,500.00 the first year.
Discussion concerning procedures of F.I.R.E., Inc.
Mayor asked for a motion.
Died for lack of motion.
8. Any Other Such Matters.
a)Mayor indicated there was a meeting at 2:00 P.M. at the First Baptist Church on
Tuesday, the man who is wanting to develop the land on Cowling Rd. wants to talk to
the citizens about the Mobile Home Park he wants to bring in.
9. Meeting Adjourned.
MINUTES: City Council Workshop
August 3, 1999
PRESENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Gien Ervin,
Councilman Joe Higgs, Councilman Andy Garza, Councilman Carroll McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Administrative
Assistant Samantha Renz, Water/Wastewater Superintendent Eddie Branham
1. Mayor Called Meeting to Order.
2. Budget Workshop on the following Departments:
a) Animal Control
b) Water
c) Wastewater Collection
d) Wastewater Treatment
Eddie Branham, Water/Wastewater Superintendent addressed the Council concerning his
proposed budget.
He addressed the requested increases in various line items and indicated the animal control
officer was cut from that budget.
Discussion followed regarding items with no proposed increases.
Line item expense for Other Improvements increased from $2000.00 to $6000.00 for
outside fencing, Mr. Branham indicated he was getting bids for this.
Councilman Ervin asked if Mr. Branham and Vince Villanueva were still being paid for
part time Animal Control.
Mr. Branham indicated they did pay Vince $3,000.00 a year, but he did not get paid.
Discussion concerning Animal Control.
Discussed proposed increase in regular salaries for water department.
Mr. Branham indicated he had budgeted for two new employees, one in the Water
Department and one in the treatment plant. He indicated one of the new employees would
also be used in Animal Control.
Discussed increase in other operating supplies.
Discussion concerning dues & registrations and minor tools.
Mr. Branham indicated the proposed increase in Wearing Apparel is from $2000.00 to
$3000,00, for ten pair of jeans and shirts for each employee.
Councilman McNeill asked if he had looked into using a uniform company for cost
comparison.
City Administrator indicated they used to use a uniform company, and it was more
expensive.
Discussion concerning uniform company.
Councilman Ervin inquired as to what does the City furnish for employees.
Mr. Branham indicated the City furnishes shirts, jeans, boots, caps, and coats.
Discussed amount on Wearing Apparel.
Councilman Jenkins indicated the current wearing apparel does not look professional.
Discussion followed on Safety Equipment and Motor Vehicle Fuel, which was increased
to $7,000.00 due to combining all of his departments into one on this line item.
Lease Equipment increased from $12,000.00 to $22, 000.00 which includes leases on
the two pickups, and $10, 800.00 per year for the back hoe. This is a combination of
existing equipment.
Water Mains and Valves increased from $12,000.00 to $14,000.00 to prepare for
growth.
Water Meters &Boxes increased from $4,000.00 to $8,000.00 because the cost of
meters and boxes has increased.
Discussed water Purchase, contractual services, telephone service, utilities, cellular phones
and pagers.
Discussed proposed budget for Other Improvements, Mr. Branham indicated this was
decreased from $80,000.00 to $0.00 because they moved it onto Debt Service for the
GNB Note Payable,
Discussed other equipment.
Councilman McNeill asked what the projected water revenue for this year is.
Staff indicated $590,000.00.
Discussion concerning water pressure, and tanks at different locations.
Mr. Branham went through the proposed budget for Wastewater Collection, most of the
line items
stayed the same, He briefed City Council on:
(1) R & M Lift Station was at $30,000.00, proposed is $20,000.00.
(2) R & M Vehicle.
(3) Sewer main &manholes increased from $2,000.00 to $3,000.00 to prepare for
growth.
Mr. Branham continued to explain his requests on his line item expenses for Wastewater
Treatment. He Briefed Council on Chemical and Other Operating Supplies, Permit Fees,
R & M Other, Contractual Services, and Telephone Services.
Discussed Other Improvements, which increased from $0.00 to $40,000.00. Mr.
Branham explained this was for engineering studies, and the possible purchase of land for
the new plant.
Discussion concerning Safety Equipment.
Discussion concerning salaries and personnel.
Council agreed to have next workshop Tuesday, August 10, 1999.
3. Meeting Adjourned.
MINUTES: CITY COUNCIL WORKSHOP
AUGUST 10,1999
PRESENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glen Ervin, Councilman Carroll McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Administrative
Assistant Samantha Renz, Electric Superintendent Jeff Morris,
Water/Wastewater Superintendent Eddie Branham, Police Chief Benny Erwin,
City Mechanic Tommy Belcher, Streets Supervisor John Henderson
1. Mayor Called Meeting to Order.
Z. Discuss Proposed Budget for all Departments.
City Administrator indicated he had given Council a memo of the items that have
changed. He explained the changes in revenues and expenditure summary.
Discussed some changes in Vehicle Maintenance.
Councilman McNeill suggested they start at the beginning of the book and go through
each department.
City Administrator suggested they skip over to Police since Rose was not at the meeting
yet.
Discussion concerning difference in salaries.
Councilman McNeill asked how many new vehicles were budgeted.
Police Chief, Benny Erwin, indicated only one (1).
Councilman McNeill asked how many pagers were budgeted for the police department.
Chief Erwin indicated there were three (3) budgeted at $500.00 per year.
Councilman McNeill asked why there were cameras listed under several different line
items.
Chief Erwin indicated some of it is for film, and the cameras under safety equipment is for
the cars.
Councilman Garza asked about the $9,800.00 for drug prevention.
Chief Erwin explained it was for the officer training with the dog, and veterinarian
expenses for the dog.
Councilman Garza indicated he felt we should spend more %Y drug prevention.
Chief Erwin indicated this expense was just for the dog.
Discussion.
Councilman Ervin expressed concerns regarding drug prevention, he felt more should be
spent on it. He indicated he did not think the vehicle or extra officer should be cut.
Chief Erwin indicated all officers work well together on drug prevention.
Councilman Ervin felt this should be looked at more and find some ways to help Benny
with the drug prevention.
Mayor asked what another vehicle would cost.
City Administrator indicated approximately $8,000.00 annually.
Discussed hiring a school officer.
Chief Erwin indicated he had spoken with Mr. Biggerstaff, the Superintendent at the
school, and advised him a school officer would cost the school approximately $149000.00.
Chief Erwin indicated Mr. Biggerstaff thought it was a good idea, and would pay the
$149000.00.
Mayor indicated Council needed to give staff direction on this item.
Councilman Ervin indicated he would like to see two officers and the new squad car in the
budget.
Councilman McNeill agreed with Councilman Ervin and indicated he would like to see
them add the car and officer for the school.
Consensus of Council to add school officer and one more squad car, this will increase
budget by $28,000.00 plus $8,000.00 for the vehicle. The school will pay $14,000.00.
Discussed Proposed Budget for Code Enforcement and Bob Hageman's responsibilities.
Councilman Garza inquired as to the need for both a cellular phone and a pager.
Bob Hageman indicated the pager was used mostly for his fire responsibilities.
Discussion continued regarding various line items.
Discussed proposed budget for Vehicle Maintenance.
Hiring a full time person for this department was discussed.
Councilman Jenkins asked if there was a need for a full time person.
City Mechanic, Tommy Belcher, indicated he would like to have at least a part time
person, because there are some things he cannot do alone.
Discussion followed on various line items.
Discussed proposed budget for Street Department.
City Administrator indicated there had to be some salary in streets, it is required for
workers' compensation. The majority of employees are in the parks department for
insurance purposes.
Utilities, Street Maintenance, and Safety Equipment were discussed.
Discussed Lease Equipment and various line items.
John Henderson, Street Suervisor, addressed a drainage problem on 4 "' St. and Willow
St.
Discussion concerning drainage, water standing on the streets, and how to correct it.
A new Street Sweeper was discussed.
Discussed proposed budget for Parks, Pool, and Community Center.
City Secretary, Rose Chavez, addressed Tax Service, Health Service, and Ambulance
Services.
The proposed budget for Administration was discussed.
City Secretary briefly addressed increases in insurance, contractual services, and
advertising.
JL
Engineering Fees were also discussed.
Discussion regarding new desks, and lease payments on computer system.
Proposed budget for Data Processing was discussed. One main increase was R & M
Machines, which includes maintenance on handhelds, computer software, and postage
machine. Another proposed increase was on Computer Equipment, City Secretary
indicated this would include a new computer and printer for the new bookkeeper.
Discussed proposed budget for the Sullivan Center, the only increases were the $5,000.00
for Span, and $1,500.00 for a new couch and chair.
Jeff Morris, Fire Chief, addressed proposed budget for Fire Department.
Mr. Morris indicated the increase in R & M Building included miscellaneous repairs, and
asphalt between City Hall and the Fire Department.
Discussed ISO ratings.
Jeff Morris also addressed the proposed budget for the Electric Department.
Increase in Salaries was discussed.
Councilman Garza inquired as to what the dues and registrations were for.
Mr. Morris indicated it was for safety meetings and resource materials, and they were
also members of the Texas and American Public Power Associations.
Discussion concerning increase in R & M Building.
Discussed revenues and franchise fees.
Economic Development and Growth were also discussed.
3. Meeting Adjourned.
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VENDOR SET; 97,9
FUND ; 001 GENURRAL FUND
DEPARTMENT; 3+J STREETS
Kilt 1-1AME ITEM G/L ACCDUPII' HrAMF. DESCRIPTION CHECD AMOUNT
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99-411020 FARM PLAN T-331_84 00 30-1i3L'S R is M MOTOR V FUEL. PUtiP GDDDDD 4b1(17
='«-!1'i 00 JAGOFPUK.IC CO, 1-1582, o01-`30-45370 STREET MAIN14E ASPHALT 000000 1,882X
99--D191D KEITH INEUTOIN T-Q90811XO 001-*`Ni 52tJ
0 SAFETY EQUTPii CPR CLASSES 000000 60100
Q1%"04210 THE CTT GROUP 1 EF T"95D;? ` `-3�}_.5345 LEASE' EQUIPME CHIPPER 000000 467JA
5lir'liQ1?9 ;M Ph! Gt'�7ULAR GEPARIHMENIT PAYMENT REGISTER PHGE, 10
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DEPARTMENT! 34 POOf,
UEi NAME ITEM Gr'L ACCUINT NAME GE5CRIF'TIDN CfECE:f AMOUNT
SIM2040 RICHARD J, PERRY, G,O, I- 90MIN 001 , 4--Ss4O MEDICAL PHYSI PHYSMALS - NEW1 Ef PL OYEE: 000000 25`a,00
9?A3820 ADYO-CE CHEMICAL T--60i89 001--v"'4'3 f,`HEMICAL SUPP 11PTOCHLORI T E 000000 821, 30
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9 0 0 5 80 r TAS) »49253G 00D16323 . CLEANING a9 R9 l HOP yRy « 3
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Fkli�fl l+{� f<TERi`RJ
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9{i'-{�t`I41 ra NG,ki J illlTrlk;i. Sllr'f'G.1 i-11�,5 i OriEl-I: i-5?45 OTk,F:R nE'E:RATI TQE!ELS E: r.JitX 000000 1.5 5 Ell
9° C1 CtJ LAliRA IFj I_GICKS? iM, I-42}8'0 oos--15--:i'Z45 OTHER OPERATI KEG` FOP FILING CABINET t?0(000 3,15
'' 99.-�I.a3f3 i�Elhit�i� p. EiF?Ri1ES I-99C�99.?XV �(i�!-1`i-54'
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VENDOR GET; "4
FUND , 0G10 ENTERPRISE FUND
DEPARTMENT, U' Uaste Uates Co I lec L U I
VET NAME ITEM = G/L ACCOUNT NAME DESC
NRI P T ION CHECH AMOUNT
95' GGG`w�G CONLEY SAND {GRAVEL I-9908,11kR GGC; R-54' G CDNTRACTUAL S CONCRETE e; 'SAND GGGGGG ?50100
r91-102244 Se:S TE.LE"riEl'E'Y 11412 001 5. MI -,I CONTRACTUAL S RECONNECT UIRES FLOW METER GGGGGG J,04,00
E'4'-G''v6G St,S TELEMETRY 11. 141? GGB 5 -54 `.G CONTRACTUAL S RLCAL.IBRATEd Cl(NTRl=(LS GGGGGG S ;�GG
99-G:78ii UNDERGRO!JrtD, INC.
Rt; �'CG1G UEE".D AUTO PARTS
'?5-G3010 UEBB AUT�C !'ARTS
n{;_t?au'"C3
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VENDOR 9ET! 99
FUND t 0010. ENTERPRISE FUND
!ERARlr;Ctt1, 54 Wa:,'te Water tre ton{
UEN, NAME ITEM Gft. ACOUMUN?T NAMr KSCRIDTION C•il EcKt AMOUNT
O9 10050 CONLEF` SAND & GRAVEL _-990811XR 00254-•544CCra'fRACTUAl S CONCRETE E, SAND 000000 38 ,58
90-040+J E''11 cY SAND ��cl �.. s j u e.. ;,j t }!� C ' U c COi�C'EwrE F 5 No �)t7S 000 ?:>t3 Lt4
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99-.r}n,400 SPRINT TELEPHONE SER LONG DISTANCE 000000 ni.63
.,_. r ' C -'" ti -� 7� ` '-� - i,-, q ,t- nv it �.-- Ev i i't l; �G�44'J v:.7 ie i7
U?30'10 I LIAMS WASict ATER LAB I-6r58345 00 4 �0 LABOR- O..i SU Gig I RIOLOGI ;AL f II 0 ?
n q_. 17 r{7 ':iANGER AUTO RaRTti i. 99081.? {if (7 ti �5 3L' R 1 ifOT iR V E'''r;iTR TOR' CORE {10t}f}(it?
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VENDOR SIT:
pUl fi Ga8 ENTEftPR % :E F Ul;Et
IIEPARINENT; B El�r_�riI. G�r3}' n}at}t
NAME; iTEM a furl. ACCOLIM01 POI. Dr iC'RIPT1Cii! CliE:C hn AMOUNT
__.___._n.___._._......._...._..._.........._....___._........_....___...
99-000,5a CONLEY 'LAND ik ORAYEE_ :."•99GCt11XR aGS-SO--5r"I R « M BU11111 •: CONCRETE I. SAND aaaaaG 1.v'a,00
°9 GG`lr3 C1PlTAS
99-•ai91G KE1•if1 P!E4iTO�d
99-a?73a TEXAS METER � E+E:UICE'
990 s0)173a , E�XA5 E#E:TER & DEVICE
199•-a3a^G E1E5CEr
99-a3a2a I,1ESC0
99._t:,:sl4rj COMET CI.EA'E'RS
9r?-t�E+3ra CO!'iifEliC?FtE. Bl7B`i'
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6.',37
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31
83
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8/JM 999
REGULAR DEPARTMENT PAYMENT REGISTER PAGE; ?
aaT-10-•5215
ai)1-15-524 5
C?aT-15-`i�1G
()'•1 '020-5210
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0Gi-2G-5'.32OQ
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008-15-,523a
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NAME AMOIIN'( [I1GCiET AV1,1LAyl.E LL" 3 D(1DGE1 ;?VAII_f L�Lc 6UGG
,2 650 395,11
A[VERTIBING 3a,00 97a 798:3a
Gri
THE•R OPERATT1(G SUPPLIES H7" 1,20a 1111
L[[,AL. SERVI'CE:} 7bG �,(iaG : L.., 1
TELEPHONE SERVICES 16", i° 6,'taG
OFFICE: SL,FFLIEC; 98,31 211000 1,369,77
i€THER iOPERAiif'�i; I'�FLIES �7=},:-'.:a ° 'aa -
CRUG PREVENTION 72,61 9,aaa 2;j69.a6- Y
R ,_t is MOTOR s!Etjl,_:; E Ta, 5a 71G0G 270:29-1 {
!.EASE EQUIPMENT 277:6a 11,9G5 4,15�,3
I.1cELELHGfE SERt7Cts ir,Y
FURNI-iURr FIXTURES 5Craa Baa 7i15,1)G
GOG PE!tlNu E PE NSE 95,aa 211100 j.3', j.r'
RETIREt'E?T ii?,5a 2a215a- Y
FOG[ 16,51 600 0184,68
DUES E REGISTRATION 100:00 71mo 5,535,aa
rr"hYt L EXPENSE :ff3 ,72 uaG {5,4.} c ,n7._ Y
OTHER OPERATING SUPPLIES 5,25 g,1110 1,030t14- ,
�[ ,sw,i BUILDING
168,64 2,Faa 2,79€ s601f-. 'y
R
R ,1. 4i MGiGFi VEHICLE 14 ,70 4,0004 20ir'O Y
MINOR EQUIPMENT 0063 3 21,.?€?O ,415r85
cc r•,
TELEPHONE SERVICES 12,a5 Oita �w
LEGAL SERVICES 25a,00 r,Gaa ?,i)()a:aa
TELEPHONE SERVICES „ r)6 a 611,29 Y
OTHER OPERATING SUPPLIES °S,GG a 6,r{81,u3 Y
R & M So a 4,769:00 ,'
"AP T{ IFIQUIpMENT a,l,aa (`a /2:J' 1 Y
R c N MOTOR VEHICLE )6,a7 5,aaa 3a,9a Y
Ls;r,:JE. F.,{�11i1 1Ei�'T 4134 4::,a1a' 4,:1.1��,8:i- ;
BIRELt MAINTENANCE 1,Pr?,37 la,aa4F 1,979,T1
ti
CHEMICAL SUPPLIES Ci4;j.,Cii ; 5aa 1,:f71,6, Y
CLEANING SUPPLFES 7,a5 65
NINGR EQUIPMENT �s,.'S 1,525 287,�I,
IELEPHONE ti:ERVICES a.?6 450 ;'^r08
urH,R OPERATING U.LI'FLIEu 11Jr,.,a 500
O
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TELEPHONE SERVICE'' ^,0' i F(l)0 tj.G,, a
,L. r,n 61000 r.nc j r
DI:'C•'Ili, t"` 71 1 '? t"! r 9 7,Ba
(1TIIEP, GFEr.ri)INES SUPPLINES 19,3.E ...aC1 a,wK
LEGAL SERYICES 765tA7 41000 0,732c!1-'
811"1I A 1 1 1, Pti REGULAR LiEE' R'! tiEt�T E'A'{'E4E: �1 FEGI51EFi P}1GE A ?i
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I,7147;48
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171,JJ
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31
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115
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81?5
I,5?
5
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2,627,50-
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136,91
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55,ti
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88
2,500
1112117-'
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R ¢. M BRIE.[{I1"16
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6 GB 7 7mC 9
To: Honorable Mayor and City Council
From: Rose Chavez, City Secretary
Subject: Item #4 & #5
Date: August 12, 1999
Staff will have Planning and Zoning's recommendation at the meeting Monday night.
HUNTER ASSOCIATES TEXAS, LTD.
ENGINEERS/PLANNER /R
8110 WALNUT HILL LANE • ONE GLEN LAKES • SUITE 500. DALLAS, TEXAS 76231•4350. 21I/369.9171 • FAX 21416W31%
6842 MAIN $MEET • SUITE t0S • FRISCO, TEXAS 760340072/1124400 • FAX 97Wi24a880
1108 CLAYTON LANE • SUITE 410E • AUSTIN. TEXAS 78M I033 •512/454•6716 • FAX 512N54w2433
August 90 1999
Ms. Rosalie Chavez
City of Sanger
PO Box 578
Sanger, Texas 76266-0578
RE' Southwest Estates, Phase I, Preliminary Plat
30 lots
Sanger, Texas
Dear M.s. Chavez:
We have received a copy of a Preliminary Plat prepared by Greg Edwards Engineering Services, .Inc.
of the above referenced development dated July 14, 1999. Our comments are as follows -
All fees shall be paid in accordance with all City rules, ordinances and policies.
2. l comments may be received from Public Works, Code Enforcement and
Additionathe Fire
Department.
3 The project is located south of Duck Creek Rd and west of Keaton Rd. _ _
4 An alley variance has been requested.
.5. A drainage easement is being provided between lots 14 and 15 of Block B. This appears to
drain towards the adjacent property. No drainage calculations or drainage area map have
been provided.
(,. The waterline along Mesa Drive should be located within the right-of-way if not, a waterline
easement should be shown on the Plat.
7 A portion of Meas Drive is located within a 40' right-of-way with the remaining 10 feet to be
dedicated by the adjacent property owner (David E. Arnold, et ux ). We would recommend
relocation of Mesa Drive to allow for the full 50 right-ot:way or dedication of the additional
10 feet of right -of= -way.
g The curb line should be monolithic with the pavement section This is unclear on the detail.
Ms Rosalie Chavez
Southwest Estates. Phase 1, Preliminary Plat
August 9, 1999
Page 2
9. Lots 7 & 8, Block A and Lots 9 & 10, Block B are shown to incorporate the existing 60'
Brazos Electric easement. Consideration should be given to dedicating the 60' easement to
the City, for possibly a future greenbelt, trail system, etc. This option would require City
maintenance of the area.
This concludes our review oFthe above referenced development.
tf there are any questions, please contact me at (972) 7 a 2-6400.
Sincerely,
HUNTER ASSOCIATES TEXAS, LTD.
//4Vk � �4/i`�/`I�G
Mark D. Hill. P.E.
Sr. Vice President
N �5anger�SwHl�w,wE'����•Yhl PrtlimYl�l.wpd
i
SOUTHWEST ESTATES
I EEI) RETITICNS
1. 13�0 sq. ft. MINIMUM LI�IN� AREA
2. TWO CAR GARAGE
3. 80% BRISK EXTERICIR .
46 8 & 12 PITCH ROOF
5. 25 YEAR SHINGLE OR BETTER
6. BRICK MAILBOX WITH ADDRESS
i
7. ZONING IS SF-3
HUNTER ASSOCIATES TEXAS, LTD.
ENGINEERS/PLANNERS/SURVEYORS
8110 WALNUT Wllt LANE •ONE GLEN LAKES • Su�TE 600 • DALtAS. TE%AS 75231.4350. 21 VJ60•Bt71 •FAX 2141608.3705
6842 MAIN STREET . SUITE 105 • FRISCO. TEXAS 75034I 972j712d400 * FAX 9721712.4880
t 106 CLAVTON LANE • SUITE 410E • AUSTIN. TEXAS 70723•t033 •512/454,8718 • FAX 512/454e2433
August 9, 1999
Ms. Rosalie Chavez
City of Sanger
PO Box 578
Sanger, Texas 76266-0578
RE: Sanger Industrial Park, Final Plat
Lot 1, Block B
4.00 Acres
Sanger, Texas
Dear Ms. Chavez:
We have received a copy ot'a Final Plat prepared by Kern Surveying, Inc. of the above referenced
development dated lily 19, 1999 and a Preliminary and Final Plat prepared by Underwood Drafting
& Surveying (no date). Our comments pertain to both submissions and are as follows:
I All fees shall he paid in accordance with all City rules, ordinances and policies.
2. Additional comments may be received from Public Works, Code Enforcement and the Fire
Department.
3. The project is located on the northbound service road of Interstate Highway 3S in the Sanger
Industrial Park development.
4. Neither submission shows any utility improvements, as required_
S Drainage calculations have not been provided. The drainage appears to be flowing towards
the east onto the adjacent property towards a 100 year flood line. This flood plain is not
shown on the Sanger Industrial Park Preliminary Plat.
b An existing G" water line appears to he located within the property. This line will need to be
relocated, or a minimum I S' waterline easement be granted. .
7. The Preliminary Plat for Sanger Industrial Park shows North Park Dr to be located along the
south property line and Industrial Ave. along the east property line.. These do not appear on
the Final Plat Who is going to build these roads? North Park Dr. is shown as part of Phase
of Sanger Industrial Park in the Preliminary Plat.
Ms. Rosalie Chavez
Sanger Industrial Park. Final Plat, Lot 1. Block H
August 9, 1999
Page 2
R A permit. will he required from TxDnT fcx any access from the service road
This concludes our review of the above referenced development. Once utility plans and calculations
are provided, a complete review can be conducted. Only one Final Plat should he provided.
if there are any questions, please contact me at (972) "l 12-6400.
Sincerely,
HUNTER ASSOCIATES TEXAS, LTD.
Mark D. Hill, P.E.
Sr. Vice President
F 1S;u�y:�•U•'leatw,wdt'inall'ist.wpd
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To: Honorable Mayor and City Council
From: Rose Chavez, City Secretary
Subject: Fuel Bids
Date: August 12, 1999
No bids were received; therefore, staff does not have a recommendation.
If Council would like, we will advertise again for bids.
8-7-1
CHAPTER 7
IMPACT FEES
SECTION:
8-7- 1: Compliance With Law
8-7- 2: Purpose
8-7- 3: Definitions
8-7- 4: Assessment And Collection
8-7- 5: Calculation
8-7- 6: Impact Fee Required; Exceptions
8-7- 7: Credits
8-7- 8: Expenditure And Accounting For Fees And Impact
8-7- 9: Refunds
8-7-10: Development Agreements
8-7-11: Advisory Committee
8-7-124 Appeals; Waiver And Postponement
8-7-13: Periodic Updates Required
8-7-14: Miscellaneous
8-7-15: Adoption Of Impact Fee Analysis For Water And Wastewater
Schedules
8-7-1: COMPLIANCE WITH LAW: This Chapter is adopted
pursuant to the provisions of chapter 395 of the Texas Local
Government Code, as well as the authority of ordinance 11, section 5, of
the Texas constitution. Further, the City Council finds that Pilot Point has
complied in all ways with chapter 395 of the Texas Local Government
Code, and any notice, adoption, promulgation, and methodology necessary
to adopt a Capital Improvements Plan and establish impact fees. (Ord.
295-981 12-14-1998)
8-7-2: PURPOSE: The purpose of this Chapter is to implement a
policy of Pilot Point to impose impact fees on new
development in compliance with chapter 395 of the Texas Local
Government Code, and to use those fees to pay certain costs associated
City of Pilot Point
8-7-2
8-7-3
with the construction of capital improvements and facility expansion to
serve new development. (Ord. 295-98, 12-14-1998)
8-7-3: DEFINITIONS:
ASSESSMENT/ The determination of the amount of the
ASSESSED: maximum impact fee in effect on the date or
occurrence of assessment per service unit
which can be imposed on new development
pursuant to this Chapter.
CAPITAL The water and wastewater facilities (including
IMPROVEMENTS: expansions of existing facilities to provide
additional capacity), that are identified as capital
improvements or facility expansions in the
Capital Improvements Plan, including, but not
limited to, any facility with a life expectancy of
three (3) or more years and is owned and
operated by or on behalf of Pilot Point; any
water supply, treatment and distribution facility;
and any wastewater collection and treatment
facility.
CAPITAL The Advisory Committee shall consist of
IMPROVEMENTS members appointed by the City Council, The
ADVISORY composition of the Advisory Committee shall
COMMITTEE comply with applicable requirements of- the
(ADVISORY impact fee statute, including any requirements
COMMITTEE): for representation of the real estate,
development, or building industries by persons
who are not employees or officials of a political
subdivision or governmental entity.
CAPITAL A plan contemplated by this Chapter that
IMPROVEMENTS identifies capital improvements or facility
PLAN: expansions for which impact fees may be
assessed by Pilot Point, identifies service areas,
the maximum fee rate allowed in accordance
with the impact fee statute, and other pertinent
information.
COMMERCIAV
RETAIL PROPERTY:
Property located
zoning district or
in a retail or
within a planned
499
City of Pilot Point
commercial
development
Q
8-7-3
CREDIT:
DEVELOPMENT
AGREEMENT:
FACILITY EXPANSION:
FEE RATE:
FINAL PLAT
APPROVAL OR
APPROVAL OF A
FINAL PLAT.
IMPACT FEE
STATUTE:
IMPACT FEES:
zoning district (or identifiable portion of such a
district) as set forth in Pilot Point's Zoning
Ordinance or any amendments thereto.
The amount of the reduction of an impact fee
for fees, payments or charges for or
construction of the same type of facility.
A contract relating to capital improvements and
impact fees entered into by Pilot Point and a.
property owner in accordance with this Chapter.
The expansion of the capacity of an existing
facility that serves the same function as an
otherwise necessary new capital improvement
in order that the existing facility may serve new
development. The term does not include the
repair, maintenance, modernization or
expansion of an existing facility to better serve
existing development or to solely meet stricter
safety, efficiency, environment, or regulatory
standards.
The dollar rate per
this Chapter for
service unit established by
assessment, payment
fees. The fee rate is
collection of impact
than or equal to the maximum fee rate.
rates for water and wastewater facilities_
established in Schedule 1 of this Chapter.
and
less
Fee
are
The point at which the applicant has complied
with all conditions of approval and the plat has
been released for filing with the County Clerk of
Denton County, Texas.
Chapter 395 of the Texas Local Government
Code, as amended.
A charge or assessment imposed as set forth in
this Chapter against new development. The
term does not include:
A. Required dedications of land for public parks
or payments in lieu thereof,
City off' Pilot Point
8-7-3
8-7-3
B. Dedication of rights of way or easements or
construction or dedication of on -site water
distribution, wastewater collection or drainage
facilities, or streets, sidewalks, or curbs if the
dedication or construction is required by a valid
ordinance and is necessitated by and
attributable to the new development; or
C. Lot or acreage fees or pro rata fees to be
placed in trust funds for the purpose of
reimbursing developers for oversizing or
constructing water or sewer mains or lines.
INDUSTRIAL Property located in an industrial zoning district
PROPERTY: or within a planned development zoning district
(or identifiable portion of such a district) as set
forth in Pilot Point's Zoning Ordinance or any
amendments thereto.
LAND USE A description of the service area and projections
ASSUMPTIONS: of changes in land uses, densities, intensities
and population in the service area.
NEW DEVELOPMENT: The subdivision of land within the territorial
boundaries of Pilot Point that increases the
number of service units for which an impact fee
may be imposed; the construction,
reconstruction, redevelopment, conversion,
structural alteration, relocation, remodeling,
enlargement, or other physical change in any
structure located in the territorial boundaries of
Pilot Point that increases the number of service
units for which an impact fee may be imposed;
or any use or change in use of the land or
structures located within the territorial
boundaries of Pilot Point that increases the
number of service units for which an impact fee
may be imposed.
OFF -SITE: Located entirely on property which is not
included within the bounds of the plat being
considered for impact fee assessment.
.-
City of Pilot Point � _ �
t
J•.
8-7-3 8-7-3
ON -SITE:
_0.
SERVICE AREA:
SERVICE AREA MAP
SERVICE UNIT:
STRUCTURE:
WASTEWATER
FACILITIES:
Located at least partially on the plat which is
being considered for impact fee assessment.
Any final subdivision plat or final subdivision
replat of any lot or tract within the territorial
boundaries of Pilot Point approved under the
provisions of chapter 212 of the Texas Local
Government Code and this Chapter.
Property located within asingle-family, duplex,
two-family or multi -family zoning district or
within a planned development zoning district (or
identifiable portion of such a district) as set forth
in Pilot Point's Zoning Ordinance or any
amendments thereto.
In the case of impact fees for water and
wastewater facilities, the entire area within the
territorial boundaries of Pilot Point to be served
by the capital improvements and facilities
expansions specified in the Capital
Improvements Plan.
The service area map included in the Capital
Improvements Plan, which shows the territorial
boundaries of Pilot Point including the water
and wastewater facilities service area.
A service unit is defined for the purpose of
impact fee assessment as the average water
consumption and wastewater production of an
acre of equivalent single-family residential land
use. Each acre is assumed to contain one
single-family dwelling unit.
Any buildings or other improvements to land,
including sidewalks, paving, lighting irrigation
systems, drainage and storm water detention
facilities, and utility and communication lines
and equipment.
An improvement for providing wastewater
collection and treatment, including, but not
limited to, land or easements, treatment
499
City of Pilot Point
8-7-3 _' 8-7-4
facilities, lift stations or, interceptor mains.
Wastewater facilities exclude sanitary sewer
lines or mains which are constructed by
developers, the cost of which is reimbursed
from pro rata charges paid by developers or
owners of property in other subdivisions as a
condition of connection to or use of such
facilities.
WATER FACILITIES: An improvement for providing water supply,
treatment and distribution service, including, but
not limited to, land or easements, water
treatment facilities, water supply facilities or
water distribution lines. Water facilities exclude
water lines or mains which are constructed by
developers, the cost of which is reimbursed
from, pro rata charges paid by developers or
owners of property in other subdivisions as a
condition of connection to or use of such
facilities. (Ord. 295-98, 12-14-1998)
8-7-4: ASSESSMENT AND COLLECTION:
A. Impact fees shall be assessed before or at the time plats are
released by Pilot Point for recordation. For new development on
residential, retail/commercial or industrial properties, impact fees
shall be collected for water and wastewater facilities, either at the
time of recordation of the plat, upon connection to Pilot Point's water
or wastewater systems incident to any increase in water
consumption or wastewater production, or at the time Pilot Point
issues either the building permit or the certificate of occupancy. No
wastewater impact fee will be collected on property tracts greater
than one acre, if a septic tank system is utilized; the septic tank
system must be approved by Pilot Point.
B. Additional impact fees or increases in fees shall not be assessed
until the number of service units to be developed on the tract
increases. Should the service units be increased, impact fees shall
be increased in an amount equal to the current impact fee per
service unit multiplied by the difference in the number of service
units.
C. Impact fees may be assessed but not collected for property where
service is not available unless:
CfI;�
t
--
�:
City of Pilot Point
8-74 A 8-7=4
1. Pilot Point commits to commence construction of necessary
facilities identified in the Capital Improvements Plan within two (2)
years and have service available in a reasonable time, not
exceeding five (5) years; or
2. Pilot Point agrees in writing to permit the owner of the property to
construct or finance a required capital improvement or facility
expansion and agrees that the cost incurred or funds advanced will..,,_
either:
P.
a. Be credited against the impact fees otherwise due from the ,
new development,
b. Reimburse the owner for such cost from impact fees paid from
other new developments that will use such capital improvements or
facility expansions in which case these shall be reimbursed to the
owner at the time of collection as other new development plats are
recorded; or
c. The owner voluntarily requests that Pilot Point reserve
capacity to serve future development and Pilot Point and the owner
enter into a valid written agreement.
D. The owner of property for which there is a recorded plat may enter a
written agreement with Pilot Point providing for the time and method
of payment of impact fees, which agreement shall prevail over any
contrary provisions of this Chapter.
E. Receipt by Pilot Point of the impact fees payable under this Section
is a condition to the release of plats of residential property for
recording, to the issuance of a buildingpermit or certificate of
_
occupancy, or to water utility connection and service, as the case
may be.
F. For new development which is platted before the adoption of this
Chapter and in accordance with either subchapter A, chapter 212 of
the Local Government Code, or the subdivision or platting
procedures of Pilot Point, an impact fee may not be collected on any
service unit for which a valid building permit is issued within one
year after the date of adoption of this Chapter. (Ord. 295-98,
12-14-1998)
City of Pilot Point
8-7-7
8-7-5
8-7-5: CALCULATION:
A. Impact fees shall be determined by multiplying the number of service
unit equivalents in the proposed development by the amount per
service unit equivalent due under Schedule 1 of this Chapter. The
number of service unit equivalents shall be determined by using the
conversion table contained in the Capital Improvements Plan, and
made a part of this Chapter as Schedule 2.
B. If a development, subject to assessment of impact fees under this
Chapter, has an actual area coverage that varies from the average
area coverage listed as the basis for determination of impact fees as
contained in Schedule 2 of this Chapter, the impact fees assessed
shall be determined by multiplying the fees calculated in accordance
with the preceding subsection by a ratio, the numerator being the
actual area coverage and the denominator being the average area
coverage per Schedule 2 of this Chapter.
C. The determination of impact fees shall be reduced by any allowable
credits for the category of capital improvements as provided herein.
D. The total amount of unpaid impact fees shall be attached to the
development application, or, if to be paid at some later date, to the
requests for other permit or connection.
E. Replatting shall not require recalculation of impact fees unless the
number of service units is increased or land uses change. If a
proposed development increases the number of service units the
impact fees shall be recalculated as provided herein. (Ord. 295-98,
12-14=1998)
8-7-6: IMPACT FEE REQUIRED; EXCEPTIONS: No building
permits shall be granted for new construction of any property
nor shall any original water or wastewater service connection commence
unless and until impact fees required by this Chapter are assessed and
collected or a development agreement for payment is approved by Pilot
Point and is executed between the parties. (Ord. 295-98, 12-14-1998)
8-7-7: CREDITS: An owner shall not be entitled to a credit against
any category of impact fees for the owner's expenses in the
construction or dedication of any facilities contained in the Capital
Improvements Plan, except as required by law or as provided for in a
499
City of Pilot Point
i
8-7-9
8-7-7
development agreement between Pilot Point and the owner. No credit for
construction or dedication of any facility shall exceed the total amount of
impact fees due from the new development for the same category of capital
improvements. (Ord. 295-98, 12-14-1998)
8-7-8: EXPENDITURE AND ACCOUNTING FOR FEES AND
IMPACT: All impact fees collected shall be deposited
interest -bearing accounts identifying the category of capital improvements
or facility expansions within the service area for which the fee is adopted.
Interest earned shall be credited to the account and shall be subject to the
same restrictions on expenditures as the funds generating such interest.
Impact fees and interest earned thereon may be spent only for the
purposes for which such fee was imposed as shown in the Capital
Improvements Plan. Record -keeping procedures shall be established to
comply with the impact fee statute and the provisions of this Chapter. The
records of the accounts under which impact fees are deposited shall be
open for public inspection and copying during regular business hours. (Ord.
295-98, 12-14-1998)
8-7-9: REFUNDS:
A. On the request of an owner of the property in which an impact fee
has been paid, impact fees shall be refunded if existing facilities are
available and service is denied or if Pilot Point failed to commence
construction of facilities required for service within two (2) years of
payment of fee or if such construction is not completed within a
reasonable time but not in any event in more than five (5) years from
the date of payment of the fee.
B. Any impact fee funds not expended within ten (10) years after
payment shall be refunded.
C. Refunds shall bear interest calculated from the date of collection to
the date of refund at the statutory rate set forth in ordinance
5069-1.03, Vernon's Texas Revised Civil Statutes or as amended.
D. All refunds shall be made to the record owner of the property at the
time the refund is paid. However, if the impact fees were paid by
another political subdivision or governmental entity, payment shall be
made to the political subdivision or governmental entity.
City of Pilot Point
8-7-9 I 8-7-10
E. The owner of the property on which the impact fee has been paid or
another political subdivision or government entity that paid the
impact fee has standing to sue for a refund under this Chapter.
F. Nothing in this Chapter shall create an obligation on the general
funds of Pilot Point, and unless the City Council otherwise
specifically so authorizes, the obligation on the general funds of Pilot
Point, and unless the City Council otherwise specifically so
authorizes, the obligation of Pilot Point to pay any refund under this
Chapter is limited to the amount of impact fees collected and interest
carried less expenditures for capital improvements and other refunds
previously paid. (Ord. 295-98, 12-14-1998)
8-7-10: DEVELOPMENT AGREEMENTS:
A. Pilot Point may enter into development agreements with private
property owners relating to impact fees. Pilot Point has no obligation
to enter into any development agreement, and each development
agreement must be approved by the City Council.
B. Before any private property owner may enter into a development
agreement, a plat of the property that is the subject of the
development agreement must have been recorded.
C. Development agreements may provide for:
CLI7
1. Construction and dedication of capital improvements by Pilot Point
or by property owners, and for the allowance and application of any
resulting credits against impact fees.
2. Whole or partial reimbursement to private parties for the
construction and dedication of capital improvements from impact
fees or other sources.
3. The construction of roadway, water or wastewater facilities not
identified in the Capital Improvements Plan, and for the terms and
conditions of any reimbursement for any excess service capacity so
constructed.
4. Methods of valuation, allocation of credits among property owners,
and other matters relating to the amount of administration of credits.
City of Pilot Point
80070010 b e 80070011
5. Other agreements relating to impact fees not prohibited by this
Chapter, the impact fee statute, or other applicable law. (Ord.
295=98, 12-14-1998)
8-7-11: ADVISORY COMMITTEE:
A. The Advisory Committee shall consist of members appointed I =..;
City Council. .The composition of the Advisory Committee shall
comply with applicable requirements of the impact fee statute,
including any requirements for representation of the real estate,
development, or building industries by persons who are not
employees or officials of a political subdivision or governmental
entity.
B. The Advisory Committee shall serve only in an advisory capacity,
and shall.
1. Monitor and evaluate implementation of the Capital Improvements
Plan and this Chapter.
2. File semiannual reports about the implementation of the Capital
Improvements Plan and this Chapter, including any inequities
perceived by the Advisory Committee. The semiannual report may
consist of, or be reflected in, the minutes of a meeting of the
Advisory Committee.
3. Report annually to the City Council concerning the need to update
or revise the Land Use Assumptions, the Capital Improvements Plan,
or this Chapter. The annual report may be delivered orally at a
meeting of the City Council or in writing.
4. Provide advice and assistance in connection with any amendment
of the Land Use Assumptions, the Capital Improvements Plan, or this
Chapter.
5. File written comments on any amendment of the Land Use
Assumptions, the Capital Improvements Plan, or this Chapter.
6. Take such other actions as may be required by the impact fee
statute or other applicable law.
C. All professional reports concerning the development, implementation,
or amendment of the Land Use Assumptions, the Capital
GFI9l
City of Pilot Point
8-7-11 _' 4 8-7-13
Improvements Plan, or this Chapter shall be made available to the
Advisory Committee.
D. The Advisory Committee, at the time of the adoption of this Chapter,
is composed of T. Slay, G. Speer, J. Coxsey, N. Cole, J. McClure, C.
Moore, K. McMillan, and N. Hampton were appointed on or about
December 14, 1998, and whose procedural rules were adopted by
the City Council pursuant to Resolution 98=241 effective on or about
December 14, 1998, and which may be amended or modified by
resolution of the City Council without amending this Chapter. (Ord.
295-9% 12-14-1998)
8-7-12: APPEALS; WAIVER AND POSTPONEMENT:
A. Any decision or interpretation relating to this Chapter by any
administrative official of Pilot Point may be appealed to the City
Council by the affected property owner. The City Council shall render
its decision on the appeal following a public hearing.
B. Following a public hearing, the City Council may authorize the whole
or partial waiver of the impact fees payable by a property owner if
the City Council finds that the property owner's new development will _
provide benefits to Pilot Point that are substantially comparable or
equivalent to the impact fees waived and that the waiver will not `-
materially and adversely affect the ability of Pilot Point to provide the
capital improvements identified in the Capital Improvements Plan.
C. Following a public hearing, the City Council may authorize the
postponement or deferred payment of the impact fees payable by a
property owner if the City Council finds that the postponement or
deferral will be in the best interests of Pilot Point and that the
postponement or deferral will not materially and adversely affect the
ultimate collection of the impact fees owed. (Ord. 295=98,
12-14-1998)
8-7-13: PERIODIC UPDATES REQUIRED: The Land Use
Assumptions and Capital Improvements Plan upon which
impact fees are based shall be updated at least every three (3) years,
beginning with the first such update to be on or before December 15, 2000.
Alternatively, the City Council may, pursuant to the provisions of section
395,0575 of the Local Government Code, make a determination that no
such update is required. (Ord. 295-98, 12-14-1998)
499
City of Pilot Point
8-7-14
8-7-14:
MISCELLANEOUS:
A. This Chapter does not limit the powers of Pilot Point under the
constitution and laws of the State to regulate development, to
provide for the development and funding of public infrastructure, and
to otherwise carry out its purposes or the purposes of this Chapter.
B. This Chapter does not limit the ability of Pilot Point to finance capital
improvements through the issuance of bonds, through the formation
of public improvement districts or other assessment districts, or
through any other lawful means in addition to, or in lieu of, the use of
impact fees.
C. Except as stated to the contrary in this Chapter, impact fees shall be
in addition to, and not in place of any other fees, taxes, charges, or
assessments lawfully imposed under other applicable law or other
zoning, subdivision, and development regulations of Pilot Point.
(Ord. 295-98, 12-14-1998)
8-7=15: ADOPTION OF IMPACT FEE ANALYSIS FOR WATER AND
WASTEWATER: The Impact Fee Analysis for Water and
Wastewater dated September 1998, on file in the, office of the City
Secretary as Exhibit A, is hereby approved and adopted as the Capital
Improvements Plan of Pilot Point. (Ord. 295-98, 12-14-1998)
(see following page for Schedules 1 and 2)
City of Pilot Point
�1
8-7
SCHEDULE 1
IMPACT FEES
Rates For Water Facility Impact Fees
Fee Rate
Per service unit $11390.26
Rates For Wastewater Facility Impact Fees
Fee Rate
Per service unit $1,749.22
SCHEDULE 2
EQUIVALENCY TABLE
Service Unit Equivalent
Land Use Type
Average Area
Coverage
Water
Facilities
Wastewater
Facilities
Street
Facilities
Residential
1.0'
1.0
1.0
N/A
Retail/commercial
10,8902
21.3
22
NIA
Industrial
1.03
1.7
1.7
N/A
1. Dwelling units (DU) per acre (AC)
2. Gross square feet (GSF) building area per acre
3. Gross acre
(Ord. 295-98, 12-14-19981
!ZI
City of Pilot Point
IMPACT FEES
SINGLE FAMILY UNITS
MUNICIPAL
WATER
SEWER
THOROUGHFARE
Per Service Unit
Per Service Unit
Per Service Unit
ROWLETT
$525
$270
S155
Per Meter 3/4"
+ 335 Park
SACHSE
693
418
472
Per Lot
LUCAS
1,500
0
0
Meter
ALLEN
547
19407
0
Per Meter 5/8"
FRISCO - 3.4 Units
11589
1,589
Various By Service Area
Per Acre
$2,023 to $7,075/Ac.
LITTLE ELM
Varies By Service Area
Per Acre No.1
19800
0
0
@ 4.2 No.2
I,000
616
500
Units No.3
—
--
1,500
CARROLLTON
920
310
Per Acre
PLANO
758
378
Per Meter 3/4"
MCKINNEY
425
525
Per Meter 3/4"
FAIRVIEW
1,668
1,825
3,124 - 1
Per 1 Acre Per Lot
4J67 - 2
579 -3
ADDISON
None
None
-
DALLAS
"
LEWISVILLE
900
1,103
Per Meter 3/4"
Post -It• Fax Note 7671
re 1 N
From �
co roes
co.
Phone a
Phone e
u 0ax
e
F:\IMPACT FEEWrcaRcvicw.'ret+le.wpd
08/03/99 10:42_ FAX
LCIUA
P.O. 90X 3�5
LC.IIZU.A.
FAX
COVER SHEET
TOTAL PAGFS
f ill,0l7jP6
GYP allrod� f
' �Wf AOV
LAKE OALLAS, TEXAS 75085 OFFICE (�J40) 497-2999 F' X (940) g9T-2926
016;
08/03/99 10;42 FAX
LCHUA 6002
THE STATE
COUNTY OF
I AM CITI:
�NTUN
MUNICIPAL UTILITY AUTHORITY:
118E the Lake Cities Municipal Utility Authority
(hereinafter referred to as the "Authority") conducted a
workshop tc determine the impact on their water and sewer systems
due to the tremendous growth in their service area in existing
3ub-divisicns, planned future sub -divisions and commercial and/or
industrial properties, and
WH , after review, the Authority directed their
engineerinc firm to conduct a study and cost analysis for the
constructs of new water and sewer facilities to accommodate
this growt and to determine fees necessary to defray the
cost of th's construction, and
to defray/
necessitat
We, the u
1996 at t
Authority
called of
to -wit :
and all of
absentees_
a quorum,
transacted
findings indicate that Zmpact Fees be implemented
cuperate the cost of capital improvements
by and attributed to new development.
s
igned officers of the Board of Directors of said
evened in regular meeting on the 21st day of October,
regular designated meeting place, and the roll was
e duly constituted officers and members of the board,
Tom Coulter, President
Frank Graham, Vice -President
Jewel James, Secretary
Sam Fries
Charles Bridges
aid persons were present, except
None
ereupon among of er business, t
t said meeting:
for
the following
thus constituting
e following was
vo/VJIvM lu:4z
NIP
r'A41
LcnuA 003
The follow
of said Bo
Sa
was passe
November 1
THAT Wa
Fees be
Novembe
by the
Utility
A.
C
Ele
Wat
H1C
was
T
Note:
5/8" by
subject
Unit Eq
Decembe
g Resolution
d, and after
Fries
approve
1996:
was duly introduced for consideration
due discussion, on the motion of
seconded by Jewel James
adopted by the Authority to be effective
•
ITIES XUNICIPAL UTILITY AUTHORITY
,
11
stem Impact
implemented and remain in effect from and after
1, 1996, and until altered, amended or repealed
oard of Directors of the Lake Cities Municipal
Authority:
a szsT� FACT FEEs:
r System ampact Fee's are due and payable prior to
ection to the Authority's water system:
CT FEE ITEM ASSESSED TO
•
Pump S anion Westoo£Only
ated Tank All New Customers
r Supply All New CustomersIII
-
System Impact Fees are
ction to the Authority's
ory reef ift Station
ewater Transmission
eatment
due and payaYile prior to
sewer system:
ASSESSED TO
West o only
West of I35E;and ANY
New Annexations
after 11-1-96 excluding
areas currently served
and areas outlined in
1985 engineering study
ees shown are for a residential meter size of
3/4". Meter sizes other than residential size are
to the Living Unit Equivalent program and Living
ivalent Meter Program as set forth in Resolution of
19, 1999-
Signed andiSealed this the 21st day of October, 1996.
re
(seal)
to
08/03/99 TUE 10:40 FAX 940 321 5053 PUBLIC WORKS
r�oo1
CO�ANY:
rS •
iO NORM CCEMM STPJMT
COMM TEXAS .Y i
9404214215
9404214053 .
COl�ll�'tiiTS:
I' THE AIMPROBLE�YiS THIS TRANSSSION
PLEASE CALL 9Q-32I-52I5. THANK YOU.
08/03/99 TUE 10:40 FAX 940 321 5053 PUBLIC WORKS wjuuz
WATER TAPS
METER SIZE
EXISTING TAPS NQN- EXISTING TAPS
X 5/8" $ 290.00 $ 440.00
3/4" $ 340.00 $ 490.00
1it $ 320.00 $ 540.00
11/2" $ 440.00 $ 625.00
2" $ 850.00 $ 800.00
Note:
1) Larger than 2" connection =Total cost of materialOct] tabor.
2) When paved road has to be bored, the builder or developer will be liable for all
additional boring costs.
LIN
a" connection
6" Connection
Note:
WASTEWATER TAPS
EXISTING TAP
a 21o.oa
$ 250.00
NON -EXISTING TAP
larger than 6" connecUon =Total cost of material and labor.
Pi20-RATA FEES
= $12.00 PER LINEAR FOOT OF LOT OR TRACK Ot= LAND
_ $10.00 PER IINEAR FOOT OF LOT OR TRACK OF LAND
IMPACT FEES
WATER
SEWER
METER SIZE
UNITS
COST
METER SIZE
UNITS
COST
TOTAL. COST
3/4" X 5/8"
1.0
$ 29200.00
3/4" X 5/8"
1.0
$ 1,210.00
$ 3A10.00
3/4"
1.5
$ 31300000
3M"
1.3
$ 1,573.00
$ 40873.00
1"
2.5
$ 5.500.00
1"
1.8
$ 2/178000
$ 7,678000
11/T
5.
$ 11000.00
1 1/2"
3.0
$ 3,630.00
$ 14430.00
2"
8.0
$ 17,600.00
2"
4.5
$ 5,445.00
$ 23 045.00
3"
16.0
$ 35,200.00
3"
8.5
$10,285.00
$ 451485.00
4"
25.0
$ 56,000.00
4"
13.0
$15.730.00
$ 70,730.00
6"
50.0
S 110,000.00
6"
25.5
$ 30,855.00
$140*855400
8"
80.0
$ 176,000.00
8"
40.5
$ 49,005.00
$ 226,005.00
10"
115.0
$ 253.000.00
10"
58.0
$ 7 ,180600
$ 323.180.00
081,03/99 TUE 10:41 FAX 940 321 5053 PUBLIC WORKS 0 003
RESIDENTIAL METER RATES
REGULAR ME ER 518 X 314
BASE S12.50 (1,000) GALLONS
(1,001 TO 101000) IS S1.SO PER THOUSAND GALLONS
(10,001 TO 20,000) IS $3.00 PER THOUSAND GALLONS
(20,001 TO 40,000) IS $4.50 PER THOUSAND GALLONS
(40401 AND OVER) IS $6,00 PER THOUSAND GALLONS
ULL 3/4 METER
BASE $27.61 (1,000) GALLONS
(1,001 TO 10,000) IS $1.50 PER THOUSAND GALLONS
(10,001 TO 20,000) IS $3.00 PER THOUSAND GALLONS
0001 TO 40,000) IS $4.50 PER THOUSAND GALLONS
(40,001 AND OVER) IS $6.00 PER THOUSAND GALLONS
1" ETE
BASE $27.81
(11001 TO 10,000) IS $1.50 PER THOUSAND GALLONS
(109001 TO 201000) IS S3.00 PER THOUSAND GALLONS
(20,001 TO 4000) IS $00 PER THOUSAND GALLONS
(40,001 AND OVER) IS $8,00 PER THOUSAND GALLONS
t 1/2" METER
BASE $52.79
(1,001 TO 1g000) IS S1,50 PER THOUSAND GALLONS
(10,001 TO 20,000) IS $3,00 PER THOUSAND GALLONS
(20401 TO 40,000) IS S4,50 PER THOUSAND GALLONS
(40,001 AND OVER) IS S8.00 PER THOUSAND GALLONS
2" METER
BASE 583.01
(1,001 TO 100000) IS $1.50 PER THOUSAND GALLONS
(10,001 TO 20*000) IS $3.00 PER THOUSAND GALLONS
(20,001 TO 40,000) IS $4.50 PER THOUSAND GALLONS
(40,001 AND OVER) IS $8.00 PER THOUSAND GALLONS
3" METER
BASE 5183.60
(1,001 TO fO,000j 15 $1.50 PER THOUSAND GALLONS
(10,001 TO 20,000) IS $3.00 PER THOUSAND GALLONS
(20,001 TO 40 000) IS S4.50 PER THOUSAND GALLONS
(40,Oo1 AND OVER) IS $8.00 PER THOUSAND GALLONS
RESIDENTIAL METER RATES
4" METE_R
BASE $25425
(1,001 TO 10,000) IS 31.50 PER THOUSAND GALLONS
(1001 TO MOM) IS $a00 PER THOUSAND GALLONS
(20,001 TO 4R000) IS $4.50 PER THOUSAND GALLONS
(40,001 AND OVER) IS $8.00 PER THOUSAND GALLONS
6•' ETE
BASE 5508.07
(1,001 TO 10,000) IS 51.50 PER THOUSAND GALLONS
(10.001 TO 20,000) IS $3.00 PER THOUSAND GALLONS
(20,001 TO 401000) IS $4.50 PER THOUSAND GALLONS
(40,001 AND OVER) IS $8,00 PER THOUSAND GALLONS
R SIDENT $pRiNKLE
BASE $12,50
$1.50 UNLIMITED USEAGE
STANDARD SPRINKLER
BASE $83.01
$1.Z9 UNLIMITED USEAGE
COMMERCIAL METER RATES
REGU411111
LAR METER 5/8 X 3/4
BASE $12.50
$1.50 UNLIMITED USEAGE
1__ METER
BASE $27.81
$1,50 UNLIMITED USEAGE
2•'
BASE $83.01
51. ;0 UNLIMITED USEAGE
3" naEiEg
BASE s189.80
51.50 UNLIMITED USEAGE
STANDARD SPRINKLER
BASE $83.01
51.29 UNLIMITED USEAGE
2" SPRINKLER METER
BASE $83.01
51.50 UNLIMITED USEAGE
������ �,
v ' �' � �;:�� ��
July 2'7, 1999
Number 23
ram time to time during the legislative interim, the TML Legislative Update will report on
certain city -related votes taken during the Seventy -Sixth Legislative Session. To the
greatest extent possible, we will attempt to ensure that the votes we report on are
meaningful and accurately reflect the views of the legislators. Nevertheless, readers should
remember that there can be many reasons — aside from the substance of the issue — that a
particular lawmaker votes in a certain way.
Annexation — On May 24, during the debate on S.B. 89, relating to annexation, Rep. Peggy
Hamric offered a floor amendment that would have prohibited annexations by the City of
Houston unless voters in the area to be annexed approved of the annexation at an election.
Although the amendment, which failed, would have applied only to the City of Houston, the vote
may give some indication of how House members view voter approval of annexation.
In the chart below, "Y" is a vote for the amendment and against the city position, "N" is a vote
against the amendment and in favor of the city position, and " A/NV" means absent or not voting.
(Please note that as presiding officer, the House Speaker seldom — if ever — votes.)
Y N A/NV
Y N A/NV
Alexander X Craddick X
Allen X Crownover X
Alvarado X Cuellar X
Averitt X Culberson X
Bailey X Danburg X
Berman X Davis, John X
Bonnen X Davis, Yvonne X
Bosse X Delisi X
Brimer X Denny X
Brown, Betty X Deshotel X
Brown, Fred X Driver X
Burnam X Dukes X
Capelo X Dunnam X
Carter X Dutton X
Chavez X Edwards X
Chisum X Ehrhardt X
Christian X Eiland X
Clark X Elkins X
Coleman X Ellis X
Cook X Farrar X
Corte X Flores X
Counts X Gallego X
Crabb X Garcia X
Note: when you receive this TML Legislative Update, please make copies of it and distribute them to members of the goveming body and to depart-
ment heads as appropriate. TML sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for p.•
Published by the Texas Municipal league
1 8 2 1 R u t h e r (o r d Lane, Suite 4 0 0, Austin, Texas 10 1 5 4 5 1 28 1 5 1 2 1 71 9 6 3 0 0
George X
Giddings X
Glaze X
Goodman X
Goolsby X
Gray X
Green X
Greenberg X
Grusendorf X
Gutierrez X
Haggerty X
Hamric X
Hardcastle X
Hartnett X
Hawley X
Heflin X
Hilbert X
Hilderbran X
Hill X
Hinojosa X
Hochberg X
Hodge X
Homer X
Hope X
Howard X
Hunter X
Hupp X
Isett X
Janek X
Jones, Charles X
Jones, Delwin X
Jones, Jesse X
Junell X
Keel X
Keffer X
King, Phil X
King, Tracy X
Krusee X
Kuempel X
Laney X
Lengefeld X
Lewis, Glen X
Lewis, Ron X
Longoria X
Luna X
Madden X
Marchant X
Maxey X
McCall X
McClendon X
McReynolds X
Merritt X
Moreno, Joe X
Moreno, Paul X
Morrison X
Mowery X
Naishtat X
Najera X
Nixon X
Noriego X
Oliveira X
Olivo X
Palmer X
Pickett X
its X
Puente X
Ramsay X
Rangel X
Reyna, Art X
Reyna, Elvira X
Ritter X
Sadler X
Salinas X
Seaman X
Shields X
Siebert X
Smith X
Smithee X
Solis, Jim X
Solis, Juan X
Solomons X
Staples X
Swinford X
Talton X
Telford X
Thompson X
Tillery X
Truitt X
Turner, Bob X
Turner, Sylvester X
Uher X
Uresti X
Van de Putte X
Walker X
West X
Williams X
Wilson X
Wise X
Wohlgemuth X
Wolens X
Wooley X
Yarbrough X
Zbranek X
TOTALS 60 71 19
Alarms — On May 25, during the debate on H.B. 3189, relating to alarms, Sen. Robert Duncan
offered an amendment that restricted the authority of cities to sell, install, or monitor any fire or
burglar alarms. Senator Mario Gallegos made a motion to table the amendment and, thus,
preserve municipal authority.
In the chart on the next page, "Y" is a vote to table the amendment and preserve municipal
authority, and "N" is a vote against the motion to table and for the erosion of municipal authority
relative to alarms. (Sen. Luna was absent for health reasons.)
Y N Y N
Ambrister X Madla X
Barrientos X Moncrief X
Bernsen X Nelson X
Bivins X Nixon X
Brown X Ogden X
Cain X Ratliff X
Carona X Shapiro X
Duncan X Shapleigh X
Ellis X Sibley X
Fraser X Truan X
Gallegos X Wentworth X
Harris X West X
Haywood X Whitmire X
Jackson X Zaffirini X
Lindsay X
Lucio X
TOTALS 10 20
CITIES SHOULD BEGIN PREPARING FOR
TELECOMMUNICATIONS FRANCHISE CHANGES
The Public Utility Commission (PUC) is currently developing regulations to implement
the changes in telecommunications franchising brought about by the enactment of H.B. 1777.
TML is providing input, will mail surveys and information to all Texas cities to help implement
the bill, and will assist the PUC in other ways to help inform city officials about the changes.
Two important issues will be addressed soon, and cities should begin preparing now. The
two issues are: (1) compilation of support documents to establish each city's "base amount," and
(2) each city's determination of whether it will allocate its base amount over the categories of
access lines established by the PUC. Each issue is discussed below.
A city's base amount is the minimum amount of revenue that the city will be entitled to
receive each year as compensation for future use of public rights -of --way by telecommunications
companies. For most cities, that amount will be the total amount of revenue received by the city
in franchise, license, permit, and application fees from all telecommunications providers in 1998.
Cities in counties of less than 25,000 population (according to the 1990 census); cities that did
not have a franchise on January 12, 1999; and newly incorporated cities will be allowed to
choose from three types of base amounts, one of which is will be their 1998 revenue.
Accordingly, Texas cities should begin reviewing their records and making copies of checks,
receipts, or other documents that reflect such revenue. It is anticipated that the PUC will request
that information within the next few weeks.
Allocation of a city's base amount over categories of access lines refers to the right of
each city to decide how the base amount is spread over different types of customers within the
city. Telecommunications providers will pay cities on the basis of the number of access lines
each provider has in the city, with the total amount paid for all access lines equaling not less than
the city's base amount. The PUC will establish not more than three categories of access lines by
November 1 and, for cities that do not elect to do so, will make the allocations by category on
March 1, 2000. By electing to perform the allocation, a city may spread the amounts in the
manner that most fairly reflects different uses in that city, can maximize revenue growth by
allocating according to the category of access lines most likely to increase in the city, and can
relieve the PUC of some of its regulatory burden. Any city that elects to perform the allocation,
must do so by December 1, 1999.
We will provide more information as it becomes available.
CITIES
Under Environmental Protection Agency (EPA) regulations, any city that supplies
drinking water to its citizens will be required to begin providing Consumer Confidence Reports
(CCRs) to those citizens by October 19, 1999. The new regulation applies throughout the nation
and is intended to provide water customers with a thorough report on the quality of their water.
Cities will be required to provide annual reports about sources of supply, water quality, and
testing results, including information about lead, cryptosporidium, turbidity, and disinfection
where applicable.
In Texas, the Texas Natural Resource Conservation Commission (TNRCC) is assisting
EPA in implementing the rule and is currently in the process of mailing information packets to
all community water systems. Texas cities should receive the information from TNRCC by
August 1, 1999. Any city that does not receive the packet and any city that is interested in further
information about CCR requirements should contact TNRCC Consumer Assistance at 512/239-
5100. The EPA's Safe Drinking Water Hotline number is 8004264791.
SELECTED
JC-0012 —Plumbing Board Jurisdiction. Art 6243-101, §SB(a) of the Revised Civil Statutes
incorporates by reference "the Southern Standard Plumbing Code, the Uniform Plumbing Code,
and the National Standard Plumbing Code" as each existed in 1993, when §513 was adopted. The
1993 adoption of §513 effectively overrules Attorney General Opinion MW-545, which was
issued prior to the enactment of section 5B. Consequently, the Texas State Board of Plumbing
Examiners has express authority under §513(a) to adopt a plumbing code of statewide
acceptability.
A city need not adopt any of the three codes named in §SB(a). On the other hand, municipal
standards may not vary "substantially" from the state standards that are incorporated by reference
in §513(a). Whether a particular municipal standard that is not identical to state plumbing
standards varies substantially from that state standard is a question of fact. Any revisions to the
three codes listed in §5B(a) that have occurred since 1993 are not incorporated into state law.
Accordingly, the Texas State Board of Plumbing Examiners may not adopt post4993 revisions
to the codes.
JC-0016 —Private Streets and Traffic Enforcement. Provisions in the Transportation Code
relating to the operation of a vehicle apply only on public roadways and not on private roads or
street unless expressly applicable. Accordingly, a city has no authority to enforce state and
municipal traffic laws on privately owned streets within its boundaries. A peace officer has no
authority to issue a citation for a traffic offense on the private streets, and if such a citation is
issued, it may not be prosecuted. Article III, §52 and Article XI, §3 of the Texas Constitution
prohibit a city from using public funds to enforce state and municipal traffic laws on private
streets.
0
6
JC4025 - Nuisance Enforcement and ETJ. Where a city is authorized to adopt a nuisance
ordinance applicable to conduct occurring outside the city limits and where the city has adopted
such an ordinance, a municipal court has implied jurisdiction over cases arising from violations
of the ordinance that occur outside the city limits.
WC 0028 - Required Meetings. No statute in the Local Government Code requires the city
council of a Type A or Type B general law city to meet each month or otherwise establishes a
meeting schedule.
JC-0032 - Prevailing Wage Rate. Texas Government Code Chapter 2258 applies to a worker
employed on a public work "by or on behalf of the state or a political subdivision of the state."
Tex. Gov't Code Ann. § 2258.021(a) (Vernon 1999). Because a development corporation created
under the Development Corporation Act of 1979 is not a political subdivision for purposes of the
laws of this state, Chapter 2258 does not apply to a worker employed by or on behalf of a
development corporation. Chapter 2258 will apply to a worker on a project undertaken by a
development corporation only if the development corporation undertakes the project on behalf of
the state or a political subdivision of the state. In order for the project to be undertaken on behalf
of the state or a political subdivision, the state or political subdivision must be a party to the
construction contract.
JC-0035 -Garbage Collection and Exclusive Franchise. A home rule city may adopt an
ordinance requiring residential construction contractors to use the franchisee selected by the city
for weekly residential and commercial garbage removal to collect and haul customary debris
from a construction site.
JC-0053 -Open Meetings. A pricing committee appointed by the Texas Public Finance
Authority Board of Directors to act on the Board's behalf in negotiating a bond sale and
executing a bond purchase contract is a governmental body subject to the Open Meetings Act.
Because the Act requires that a meeting of a governmental body be held in a location accessible
to the public, the Act precludes the pricing committee from meeting in an inaccessible location,
such as the office of an underwriter in another state.
JC-0057 -Open Meetings Act and Notice. The Open Meetings Act requires a goverrunental
body to give notice of the subject of its meetings. A governmental body's consultation with its
attorney held in closed session is not exempt from the requirements of the Act. No judicial
decision or attorney general opinion states that a governmental body must indicate in the notice
of the meeting whether a subject will be discussed in open or closed session. However, if the
notices posted for a governmental body's meetings consistently distinguish between subjects for
public deliberation and subjects for executive session deliberation, an abrupt departure from this
practice may create a question as to the adequacy of a notice to inform the public.
The 1999 Texas Legislature made some favorable changes to the Public Funds Investment Act
(Chapter 2256, Texas Government Code). Most of the changes involve language that
accommodates the concept of an "investment advisor." An investment advisor is a firm that is
registered with the SEC or, if not subject to federal law, is registered with the State Securities
Board. Any city may now contract with an investment advisor to provide investment- and
management services for all its funds. A contract may not be for a term in excess of two years. A
renewal or extension of the contract may be by ordinance or resolution. An investment advisor
who contracts with the city is now considered the investing officer of the city. However, the
city's governing body retains ultimate responsibility for the safety and security of city assets.
Moreover, a city still has the option of using its own employees to manage funds.
Historically, the term "qualified representative" in the Act meant a person offering an investment
for purchase. The new law expands this definition to include investment advisors. This person
may be an officer or principal of an investment management firm. A copy of the investment
policy must be presented to this person and to any person offering an investment far purchase.
The training requirements of the Act as they apply to cities remain essentially unchanged. A
designated investment officer must attend 10 hours of training within 12 months of taking office
and must also officer if the tr�asurershe treasurer, the chief
is not the chieflfhnancial in officer,yand the
attend officer shall
financial offs
attend 10 hours of training.
The entity that provides training must report to the state comptroller a list of the governmental
entities that received training. The Texas Municipal League offers training and, therefore, must
report no later than December 31 of each year to the state comptroller the cities that received
public funds investment training during the calendar year. TML will offer a training course on
September 2, 1999, in Austin. To register for this course, you may call (512) 719-6300.
ET RIDER WILL NAVE SAME
In the June 231 1999, edition of the TML Legislative Update, we informed you that Governor
56, a resolution that would have declared the legislature's ink; t
Bush had vetoed S.C.R. nt that the
TNRCC should not duplicate the work of the U.S. Army Corp of Engineers in regard to 401
(dredge and fill) and 404 (wetlands) programs. The governor's veto message said -that this
provision "could weaken water quality protection and invite additional federal involvement in
environmental matters."
We have since learned that a rider in the appropriations act does most of what S.C.R. 56 would
have done. The rider prohibits state spending on state water quality reviews of federal
reviews are necessary to maintain U.S. approval and funding
construction permits, unless such
for such programs as the coastal management plan.
E-Commerce
Commission
'fakes First Steps
by Christine Becker
The Advisory Commission on
Electronic Commerce —which
was created by last year's Inter-
net Tax Freedom Act —convened
for the first time in Williams-
burg, Va., last week to begin
shaping its work plan for the
coming year.
The Commission has less
than a year to make recommen-
dations to Congress on key
national policy issues related to
taxing electronic commerce. It
also has no federal funds to car-
ry out its work and a prnnosed
budget of $1.7 million.
AC
Commission Chair, Governor
James Gilmore (R-VaJ, said the
recommendations of the com-
mission will "change the lives, of
all online citizens and affect elec-
tronic commerce across the
globe"The first meeting focused
on sharing information about
electronic commerce and setting
up the administrative structure
for the commission's work The
commission plans to meet again
'in September, December, anti sion must find a way t0 balance
March 2000. all of the competing interests as
In opening statements, 12 of electronic commerce continues
the 16 commissioners, who to grow. "Government needs
spoke to the large public audi- money, consumers want privacy,
ence at the meeting, touched on and tax systems need to be fair'
the importance of ensuring tax and simple," Pottruck said.
neutrality, fairness and simplici- Governor Gary Locke (D-
ty in this changing electronic Wash.) said he was neither a
marketplace. proponent of new taxes or of
Dallas Mayor Ron Kirk —the impediments to access. "But I
only city official on the 19-mem- am also not a proponent of
ber panel —emphasized the awarding unfair advantages to
importance of protecting state online business over other busi-
and local revenue sources as nesses or to destroy state and
electronic commerce grows. "We local government revenue
must protect the interests of cit- sources."
izens in this changing world," Locke said that 48 percent of
Kirk said. "People want schools, general tax revenues in his state
roads, fire fighters and fire come from sales tax and 60 per -
trucks, and police officers. Cities cent of the general state budget
don't want to be an impediment is for public education. He urged
to the growth of electronic com- the commission to work together
merce, but we are also concerned to find ways to "encourage
about the unintended conse- growth without hampering the'
quence of eliminating revenue ability of state and local govern -
we need for the basic public ser- ment to •educate the leaders of
vices we provide." tomorrow" '
AT&T Chief Executive Offi- Governor Michael Leavitt (R- •
cer Michael Armstrong said the Utah), vice chair of the National
commission needed to ensure Governors' Association (NGA)
neutrality "to consumers, to said he did not believe the Inter -
technology, and to the needs of net itself should be taxed. "We
government" as it shapes its rec- ought to build access to the
ommendations. Both Theodore Internet for everyone," Leavitt
Waitt, president and CEO of said. "Those who do business on
Gateway, Inc. and John W. Sidg- the Internet, however, should be
more, vice chairman of MCI taxed equally." Reminding the
Worldcom and CEO of UUNET, commission of its complex man -
said the Internet did not need date and its short time frame,
any special advantages to con- Leavitt urged the group to limit
tinue to grow dramatically. f its scope by focusing on radical
"I believe Internet commerce simplification of the tax struc-
will continue to proliferate with- ture rather than a complete
out government support," Sidg- overhaul and to "look for
more said. "Tax benefits are not progress as opposed to perpetu-
what has allowed the Internet to ally deferred perfection."
grow as much as it has over the Grover Norquist, president of
past five years. I do not believe Americans for Tax Reform, said
that, over the long-term, it would he hoped the commission would
be fair to exempt. one form of use this opportunity to reduce
commerce from taxation." the tax burden on all Americans.
Waitt said he was coming to "Main Street businesses are
the table with an "open mind" more concerned about high tax
about issues of taxation. "The rates in general than they are
current environment doesn't about the Internet."
deal effectively with mail order Other commission members
sales," he said. "The Internet who expressed skepticism at
does not need any tax advantage best or strong opposition to tax -
to continue to grow dramatical- ing Internet transactions includ-
ly„ ed Dean Andal, Chairman, Cali -
David Pottruck, president fornia Board of Equalization,
and co -CEO of Charles Schwab who said he was more interested
Corporation said the commis- in It of the Internet than
in any revenue losses from Inter-
net transactions," and Stan
Sokul, an independent consul -
tent affiliated with the Associa-
tion of Interactive Media, who
said he was opposed to state and
local governments "telling busi-
nesses to collect taxes for trans-
actions outside their borders."
Most of this first:.meeting
focused on presentations'on tax
policy in the United States and
the implications of electronic
commerce on the national and
global economy. Everyone
agreed that the Internet as a
hub for commerce had grown far
beyond anyone's expectations
only a few years ago. There was
some disagreement about
whether . that growth had
already cut into state and local
tax revenues and what the long-
term prognosis for tax losses
would be.
The commission also spent
time on administrative busi-
nesses including struggling with
how to fund its work over the
next year without any federal
support. AT&T Chairman Arm-
strong, who chaired a commis-
sion subcommittee on the bud-
get during the meeting, proposed
that the business members of
the commission contribute
$50,000 each for interim financ-
ing, that other commissioners
consider contributing to interim
fmancing, that the subcommit-
tee draft a fundraising strategy
including a letter to Congress
asking for federal support for the
commission's work, and that the
subcommittee review line items
in the proposed $1.7 million bud-
get to look for inkind substitu-
tions and possible reduction of
the overall projected costs. The
subcommittee report was adopt-
ed unanimously.
A proposal by Governor
Gilmore to ask all commission
members to provide $150,000 to
support the commission's work
was rejected. Those represent-
ing the public sector and small
groups balked at the $150,000
donation. And, those represent-
ing businesses were concerned
about the perception of the com-
mission's objectivity under that
proposal. "It would look very
biased if the leaders in electron-
7
is commerce fiinded this," Arm-
strong said. "AT&T is willing to
help get interim financing to get
our work started."
The commission adopted
operating. rules for its work,
appointed a commission execu-
tive director, and adopted a pre-
liminary meeting schedule. The
group plans to meet September
14-15. in New York City, Decem-
ber 1445 in San Francisco, and
March 20-21, 2000, in Dallas. ■
TML member cities may use the material herein for any purposes
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 •Fronk Sturzl General Counsel -Susan Horton Director of Legislative Servkes - Shanno Igo
legislative Assotiote - Snapper Corr
For further information contact the TML Legislative Services Department
1821 Rutherford lone, Suite 400, Austin, Texas 78154.5111i • (512) 719.6300, Fox (512) 119.6390
MONTHLY REPORT
SANGER PUBLIC LIBRARY
JULY 1999 ACTIVITIES
Submitted by Victoria Elieson
HIGHLIGHTS:
Bonkers the Clown entertained 47 people as part of the
Summer Reading Club program.
ADMINISTRATION:
Submitted a budget proposal for 1999-2000.
Installed a ZIP drive and software on the Internet
computer and did the first back-up of its files.
Reviewed and revised procedures while training Liz.
Meeting attended.
Collection Development Committee meeting, 7/8, Sanger
COLLECTION:
Inventory completed through the 500 section.
SPECIAL PROJECTS:
Received a $500 grant for CD-ROMs from the Philip Morris
company.
PROGRAMS:
The summer theme is "Open a Book --On with the Show".
Weekly themes included "Clowning Around", "Acting",
"Costumes and Makeup" and "Puppets". Children made pipe
cleaner finger puppets, flipbooks, masks, and clown pictures.
But probably the favorite activity was putting on stage make-
up. Kids were made up as cats, dogs, monsters, clowns,
Chinese opera characters and some unusual imaginary
creatures.
JULY 1999 STATISTICS
Jul 98 Jul 99
BORROWER CARDS.
Last month 3,065 2,996
New cards 42 41
Cards withdrawn 3 0
Cards reactivated 15 11
TOTAL 31119 31048
CIRCULATION:
Adult nonfiction 439 204
Adult fiction 205 162
Interlibrary Loan 2 2
Unknown category 0 397
Junior fiction 186 123
Child's nonfiction 237 169
Child's fiction 620 414
Paperback fiction 248 267
Magazines 6 0
Crystal 1 1
Videos 456 394
Cassette players 1 4
Nonfiction video 32 18
Audio tapes 62 35
TOTAL 21495 21190
INTERNET USERS: 11g 129
PROGRAMS:
Number of programs 9 8
Number of adults 53 46
Number of children 138 95
VOLUNTEERS:
Number of adults 2 6
Number of juniors 11 4
Total hours 103 81
COLLECTION:
Last month 14,895 15,355
Books added 76 75
Books withdrawn 119 61
Total Cataloged 14,852 15,369
Paperbacks 21417 21466
Video Materials 515 596
Audio Materials 119 177
TOTAL COLLECTION 17,903 18,608
REVENUE:
Overdue fines $125.84 $164.00
ILL postage 2.71
Lost materials 19.49
Copies 86.30 25.00
New Card Fee 4.00 5.50
TOTAL $216.14 $216.70
FRIENDS OF THE LIBRARY
Quarterly Financial Statement
April 1, 1999 / June 30, 1999
Beginning Balance: $2818.85
Deposits: 4/9 216.00
4/19 8.00
5/14 120.00
5/26 117.10
6/11 503.00
964.10
Disbursements:
B&T (memorial) 17.95
" 22.96
Genealogy Pro. 40.00
B&T (mem) 385.64
Chamber of C. 25.00
Natl. Geo. 31.20
B&T (mem) 20.93
it 35.37
579.05
Ending Balance: $3203.90
Sanger library.
puts clowning
around on
its agenda
. 4
7
In keeping with the 1999
Texas Summer Reading Club
slogan, "Open a Book — On With
the Show," the Sanger Public
Library has scheduled a special
guest for 10:30 a.m. Tuesday,
July 6 — Bonkers the Clown.
of KDFI-TV's "Club 27"
children's television program.
He has been called "wonderfully
inventive" and is said to create
programs which involve
children in any imaginable
subject matter, I
,
Bonkers' alter ego, John,
Rainone, has received aumee-6us
awards as a result of his
willingness to clown around
11 I'Ll%Piity 11� 1'u,y r.r.11hytll
Clown in 1990" by 111: 1)aItasp'
Times Herald and being name
co -winner of the Bronzed Quilt.
Award for Outstanding.
,ducational Program Script, 140,
also received a certificate of
achievement from thj4
International from
off'
Scholastic Program Executives. "`
Vickey Elieson, director of
the Sanger Public Library, said;
that she thought Bonkers
program would go well with the;
theme of the summer reading
program.
"I want the summer reading
club to be fun, and I want t144,
children to learn new things
and I think a clown 19 a good
way io do that," she said;1
"Besides, I have seen Bonkeeg
perform, and I think he is very
funny."
According to Elieson th "
program featuring Bonkers i
about a third of the way lle4 fi
Pre-registration for the p{•ograpa
is strongly encouraged becausg
seating is Jimited.
Also, the performance is
open to the public, not just those
enrolled in the summer readinjZ
clA Elieson said. To pre -register
or for further information, •please
call (940) 458-3257.
J� G �OL r: k,X
°l Cl `1
Summer Reading Club
goes `on with the show'
The curtain is about to fall on And, there are still
another Summer Reading Club performers on the stage, the
at the Sanger Public Library, library director stated.
With the theme "Open a Book According to Elieson, 61
— On With the Show," kids have children have read two hours
learned magic tricks, played and qualified for the swimming
with a 12400t parachute, party Aug. 6. There is still time to
laughed with Bonkers the Clown get a ticket, however, as the last
and sung along with Randy day of the reading club and the
Erwin the Cowboy, said Vicky last day to turn in hours is July
Elieson, library director. 3L
.In addition, sponsors of the Furthermore, the library still
program, Dairy Queen, Radio has plenty of coupons left from its
Shack, Sanger Drug Store, sponsors for Summer Reading
Whataburger and World of Club members who have read
Video, have provided goodies to more than two hours,
inspire kids to read, Elieson said. "The stars of the show are
But the last act isn't quite those readers who keep on
over..yet, she. addgo, "A,tgir g,the�r-,re��jt}$:,aftec a ruin ...every
last Storytime, kids will have fun coupon we have," she added.
with puppets," she promised. These are: Rosemary Amadi, 62
"This Storytime will be on hours, Corey Davis, 41 hours;
A esday, July 27 for children Johnson Amadi, 35 hours; Nicole
ages 6 to 10 and on Wednesday, Poore, 25 hours, Tori Amadi, 25
July 28 for preschoolers." hours; and Scott Shuman, 18
hours,
There is still time to add
one's name to the list of stars,
Elieson urged. All one has to do
is to be willing to really read a lot
fA of 0 r;' G a3 in the last days of the Summer
�J 09 0 Reading Club.
Book Review
Book Ives tips on keeping
g
Out of Harm's Way
By Vicky Elieson
Contributing writer
Are you prepared in the
event of a disaster? Have you
stored water or food? Do you
have a place to go in case you are
evacuated from your home?
Have you considered how a
disaster would affect your pets?
Lots of people have good
answers to the first three
questions, but there are not very
many who have even thought
about the last one. Terri Crisp
found this out one very rainy
day. As a volunteer with the
Santa Clara Humane Society,
she was used to caring for lost
animals and finding homes for
strays. Then came the Alviso
flood.
After people were evacuated,
Terri joined John Fowler in
rescuing 86 animals in four days.
They released ducks and rabbits
from enclosed cages. With bolt
cutters they freed a puppy whose
chain just barely reached the
surface of the water. They let cats
out of all kinds of places,
including a washing machine.
All but nine animals were
reunited with their owners.
Terri's next adventure was
rescuing animals from the
Lexington fire, and then she was
hooked on animal rescue. Her
book, Out of Harm's Way, tells oI
her experiences with quakes and
hurricanes, as well as floods, fires
and the Exxon Valdez oil spill.
She learned how to save animals
I many dangerous situations,
but she knew that more animals
could be saved. So she developed
guidelines for pet owners to keep
their animals safe during
disasters.
These guidelines are
available at the Sanger Public
Library. They were donated by
Paula Dunham, who also
donated Terri Crisp's book, Out
of Harm's Way. Come and check
It out! It is an exciting, inspiring,
touching story.