09/08/1998-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
TUESDAY, SEPTEMBER 8, 1998
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes - August 10, 1998 Workshop, August 17, 1998, August 20,
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b) Disbursements
4. Conduct Public Hearing on Tax Increase; Schedule and Announce Meeting to Adopt
Tax Rate,
5. Citizen's Input.
6. Present Plaque to Ex -Mayor John Coker.
7. Consider and Possible Action on Interlocal Agreement For Ambulance Service
Between the City of Denton and the City of Sanger.
8. Consider and Possible Action on Resolution Approving The Fiscal Year 1999
Financial Plan of the Denco Area 9-1-1 District.
9. Appointments to 4A & 4B Boards.
10. Any Other Such Matters.
11. Adjourn.
Rosalie Chavez, City
Time Posted
MINUTES: City Council Workshop
August 10, 1998
PRESENT: Mayor Tommy Kincaid, Councilman Jenkins, Councilman Ervin,
Councilwoman Madden, Councilman James, Councilman McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Electric
Superintendent Jeff Morris, Water/Wastewater Superintendent Eddie
Branum, Butch Langley, Woodrow Barton
1. Mayor Tommy Kincaid called meeting to order.
2. Discuss Budget.
Mr. Smith indicated each Council Member had a booklet containing each
Department Head's request, and had a loose copy that was his recommendation.
Discussion as Council reviewed the information.
Mr. Smith indicated the budget he had worked up did not include the loss from
the convenience center.
Mr. Smith explained the police budget, and indicated there would be testing for
the position of Sergeant, and Lieutenant.
Discussion on Fire Marshall position, and Bob Hageman.
Mr. Smith indicated City Attorney fee's have doubled, and the Municipal Court
Judge's salary has doubled as his work load, and responsibilities had doubled.
Discussion about Attorney fees.
Mr. Smith indicated that for two hundred dollars a month, split between the
water and electric department, the City could have an answering service trained
in this area, answer calls, and contact the person needed to take care of any after
hour calls.
Councilman Jenkins asked if it was in the budget to pay the third party that will
be taking care of the convenience center.
Mr. Smith pointed it out to him in the booklet.
Discussion on trash pick up, landfill, and convenience center.
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PAGE 2
Councilman James indicated that he disagreed with giving a flat seven percent
increase. He indicated that each department head should be given an amount of
dollars to distribute among their people, perhaps a merit increase based on
performance.
Mr. Smith indicated he agreed with Councilman James, but that if each
department head was doing their job, then each employee would be doing their
job based on what their job was.
Councilman James indicated the City needs to be run as a business.
Discussion.
Councilman Jenkins indicated a City should not be run like a business. Cities and
businesses are run differently. He indicated Mr. Smith should take the
Department head's recommendation and be the independent administrator.
Councilman James indicated there should be an incentive to keep employees.
Councilman Jenkins indicated that Sanger has, in the past, always hired at the
lowest possible amount. He indicated there was no incentive for people to do their
jobs well, people were being hired out from under them. He indicated it was
time the City paid the people for the job they did, and paid them well enough to
keep them from going to other cities and companies.
Councilman James indicated the city's employees were the most valuable asset in
the community.
Discussion on Electric Department personnel and difference in pay scale.
Discussion on Administrative Personnel and difference in pay scale.
Councilman James addressed Jeff Morris, and asked about his step plan. He
indicated his step plan did not match what his people were making.
Jeff Morris indicated the Council did not go with his step plan last year, they
went with a cross the board raise.
Councilman Jenkins indicated Mr. Morris, when he hired a secretary, had stated
it would free up his time and allow him to spend more time in the field, and he
would not need to hire another lineman. Councilman Jenkins indicated that Mr.
Morris had hired a secretary and now was asking to hire another lineman.
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PAGE 3
Mr. Morris indicated they did not hire a lineman because they could not find
qualified people, the reason for hiring a lineman at this time is the growth they
were experiencing.
Mayor Kincaid indicated they would bring a few department heads in at a time,
and discuss the budget for those departments. He indicated they would set up
another work shop and meet with a few more department heads.
Council discussed when to schedule the next workshop. It was scheduled after the
next Council meeting.
Councilman Jenkins indicated he would like to see more of the city staff at the
meetings.
Councilman James asked about the deadlines for posting the tax increase.
Discussion on tax increase, and what the appraisal district was needing.
City Secretary explained the adoption of the tax rate.
Councilman McNeill indicated the tax rate had to go up this year, he indicated
that it had not gone up in the past three years.
Discussion on tax rate.
Discussion on scheduling public hearing.
Mayor Kincaid indicated they should pick a couple of alternates for each board
to eliminate not having a quorum at the meetings.
Councilman James indicated he would like a time table or chart showing the
deadlines for adoption of the tax rate and budget.
City Secretary indicated she would provide a time table.
Discussion on municipal court and the amount of revenue brought in from it.
City Administrator indicated the department heads were doing real well keeping
with their budgets.
Discussion about the trailer used to haul the back hoe and other supplies.
Discussion about purchasing new trucks.
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PAGE 4
Mr. Smith indicated $30,000 was in the budget to rejuvenate Lite lift station.
Councilman James asked to about the bucket truck. He indicated it was in the
budget for a new one. Councilman James asked if he was planning to retire the
oId truck.
Jeff Morris indicated they would use both trucks.
Mayor Kincaid indicated people had noticed a difference in the water. He asked
if there was a way to filter in a softener.
Eddie Branum indicated it was a possibility, but the expense would be an issue.
He indicated he would check into it, but also indicated with a little more time he
felt he could get the mixture right.
Discussion on going off of water rationing.
Councilman Jenkins asked Jeff Morris about poles rotting, he asked where these
poles were located.
Jeff Morris indicated the last pole that fell was located on Cherry and 2nd Street.
He indicated that most of the older poles that were set were starting to decay.
Mayor Kincaid indicated it was in the mid 60's when Brazos had taken over and
set most of these poles.
Jeff Morris indicated that most poles lasted about 30 years, and there were a Few
that needed to be replaced.
Councilman James asked about Mr. Kessler's five year plan for street repair.
Mayor Kincaid indicated it was a plan to do one -quarter of the repair each year.
Discussion on street maintenance.
Councilman Jenkins indicated they need the citizen's input on the street
maintenance issue. He indicated they needed to have a public hearing and
discuss a bond package.
Discussion on street, water, and sewer maintenance costs.
Mayor Kincaid indicated they had covered everything they were going to cover in
this workshop, and indicated they would begin again after the next Council
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PAGE 5
meeting.
Discussion.
3. Meeting Adjourned.
MINUTES:
City Council
August 17, 1998
PRESENT: Mayor Tommy Kincaid, Councilman Jenkins, Councilman Ervin,
Councilwoman Madden, Councilman James, Councilman McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Electric
Superintendent Jeff Morris, Water/Wastewater Superintendent Eddie
Branham, Streets Superintendent Chuck Tucker, Police Cheif Benny Erwin,
Carmen Bourland, Doris Garner, Robert Garner, Butch Langley, Burl H.
Bourland, Woodrow Barton, Dilana Mosley, Rick Carter, Richard
Derryberry, Merrie Lou Abney, Diana Cruz, Vicente Cruz, Joe Higgs, April
Siver, Timothy Piatt, Andrew Foote.
1. Mayor Tommy Kincaid called meeting to order, Councilman James led the
Invocation and Councilman Ervin led Pledge of Allegiance.
2. Consent Agenda
a. Minutes: July 20, 1998, August 3, 1998 -Workshop, August 3, 1998,
August 10, 1998 - budget workshop.
b. Disbursements
Councilman Jenkins moved to approve consent agenda.
Counilman Ervin seconded.
Motion Carried.
3. Citizen's Input.
Richard Derryberry, 821 Carmen Ct, recommended Paulie Dyer, daughter of
Russell and Alice Madden to be appointed to the Planning and Zoning board.
4. Conduct Public Hearing to Consider a Change in Zoning From (AG) Agriculture
to (SF3) Single Family 39 on Property Legally Described as Abstract 1241, Tract
215, Located on Keaton Rd.
Public Hearing opened.
Burl Bourland indicated the houses he wanted to build on this property would be
1200 sq ft., have two car garages, a six inch street with concrete curb, and
gutters.
Councilman Jenkins indicated there were discrepancies in the requirements for
SF3 zoning in the Zoning and Subdivision Ordinance.
Discussion on the requirements.
Councilman Jenkins indicated Mr. Bourland probably wanted SF4 instead of
SF3.
Mr. Bourland indicated that SF4 was 1000 Sq ft. houses and he did not want
that, he wanted SF3.
Public Hearing Closed.
5. Consider and Yossibie Action Regarding a Change in Zoning Froiii (AiT)
Agriculture to (SF3) Single Family 3, on Property Legally Described as Abstract
1241, Tract 215, Located on Keaton Rd.
Councilwoman Madden moved to approve a Change in Zoning From (AG)
Agriculture to (SF3) Single Family 3, on Property Legally Described as Abstract
1241, Tract 215, Located on Keaton Rd.
Councilman Jenkins Seconded
Motion Carried.
6. Consider and Possible Action on Preliminary/Final Plat, Phase 1, Sable
Development.
Mayor Kincaid read the letter from Mark Hill the City Engineer.
City Secretary indicated Sable Development representatives had brought in
everything they needed for approval; however the people in the pre -construction
process have not reviewed those construction plans. She indicated that Mark Hill
had indicated that everything was okay, but prior to a building permit being
issued, a pre -construction conference must be held with city staff in order for
them to make sure everything is up to code.
Councilman Jenkins asked if they had a Plat.
City Secretary indicated that she was under the impression that Mark Hill, the
City Engineer was going to be at the meeting. Mark Hill has the Plat.
Mr. Platt, developer for Sable Development, indicated they had a Plat, and the
16 foot utility easement would be filed seperately. He indicated the City Engineer
had the Plat.
Discussion concerning Plat.
Councilman Jenkins asked if Sable Development had recieved anything telling
them what was required.
Mr. Platt indicated he had received a packet explaining what was necessary for a
building permit, but nothing else.
Discussion about the requirements on Plats.
Councilman McNeill indicated that in the letter from Mr. Hill, Sable
Development was required to have everything in hand at the meeting with City
staff, or the permit would not be issued. He indicated that in the future,
eof
deveiopers shouid be issued a packet, and at that thue Lulu �iia� .t MUY uiu iivi
have everyhting completed they should not come to the meeting. He indicated he
would like to see this Plat approved if Sable developers understand they will need
everything indicated in the Engineer's letter at the meeting with City Staff.
Councilman McNeill moved to approve the Plat.
Councilwoman Madden seconded.
Motion Carried 3 to 2.
Coucilman Jenkins voted no.
Councilman James voted no.
Councilman McNeill indicated that the applicants must have everything in hand
aI the meeting prior to receiving building permit.
7. Consider and Possible Action to Approve Resolution Submitted by Citizen.
Councilman Jenkins moved to approve the Resolution as Submitted.
Councilman McNeill seconded.
Motion Carried 4 to 1.
Councilman James voted no.
8. Consider and Possible Action on Appointments to all the Boards.
Mayor Kincaid indicated he had asked City Administrator to find out if they
could have alternates on the boards.
City Administrator indicated they could.
Councilman Jenkins indicated they should not appoint alternates at this time.
Discussion.
Councilman Jenkins moved to accept all appointments as indicated to the boards.
Councilman Ervin seconded.
Board Appointments as follows:
City Judge:
Danny Spindle - Reappointed
Planning &Zoning:
Joe Falls, Place 2 - Reappointed
Joe Higgs - Place 4 - Appointed
Rick Carter, Place 6 - Reappointed
Woodrow Barton, Place 7 - Appointed
Board of Adjustment:
Russell Madden, Place 2 - Reappointed
Sam Burrus, Place 4 - Appointed
Andy Garza, Place 6 - Reappointed
Parks Boaed:
Rowdy Patterson, Place 2 -Reappointed
Curtis Gilley, Place 4 - Reappointed
Terry Jones, Place 6 - Appointed
Beautification:
Helen Kirby, Place 2 -Reappointed
Elizabeth Higgs, Place 4 -Appointed
Jewel Anderson, Place 6 - Appointed
Library:
Richard Muir, Place 2 -Reappointed
Judy Webster, Place 4 - Reappointed
Ron LaFon, Place 6 - Reappointed
9. Discuss Tax Rate; Take Record Vote, and Schedule Public Hearing.
Discussed time table submitted by City Secretary on adoption of budget and tax
rate.
Councilman James moved to approve the Time Table on adoption of budget and
tax rate, and to schedule the public hearing.
Councilman McNeill seconded.
Discussion followed on proposed tax and the increase it would generate.
Motion Carried Unanimously.
10. Any Other Such Matters.
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up, if we could eliminate that area where water stands.
b). Councilman Jenkins indicated they were having problems with the lights at
school zone on Keaton and 455, he asked who was responsible for that.
Discussion.
Jeff Morris indicated they had put a new timer in the light on Keaton.
c). Councilman James asked about the damaged water lines on loth street. He
asked if it would be concrete when fixed.
Eddie Branham indicated it would.
Discussion.
11. Meeting Adjourned.
12. City Council Workshop -Discuss Budget
a). Library.
Vickie Eleison indicated the only increase she was requesting was for books.
Discussed landscaping around Library.
b). Wastewater Department.
Eddie Branham indicated the main change was on the lift station, he was
requesting an increase for repairs.
Discussion about lift station.
Discussion about line behind Double JP Ranch.
Discussion about R&M shelter.
Councilman Jenkins asked about the city uniform.
Discussion on uniform, since employees now wear jeans and shirts with City logo,
all pants and shirts are bought.
c). Water Department.
Discussion on Chemical Supplies, Traps, and other materials.
Eddie i'sranham indicated he would like io hire one more person, so they could
split the crews.
Discussion on Equiupment.
Discussion on water from Upper Trinity.
Discussion on Electric and Gas Utility.
Discussion on what they will need for next meeting, and on sheduling the next
workshop.
Meeting Scheduled for Thursday August 20, 1998 at 6:00.
MINUTES: City Council Workshop
August 20, 1998
PRESENT: Mayor Tommy Kincaid, Councilman Jenkins, Councilman Ervin,
Councilwoman Madden, Councilman James, Councilman McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez,
Administrative Secretary Samantha Renz, Electric Superintendent Jeff
Morris, Water/Wastewater Superintendent Eddie Branham, Streets
Superintendent Chuck Tucker, Police Chief Benny Erwin, City Mechanic
Tommy Belcher, Woodrow Barton, Joe Higgs, Butch Langley
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2. Conduct Public Hearing on Proposed Tax Increase.
Mayor Kincaid indicated this was an error, and would be postponed till September
8, 1998.
3. Meeting Adjourned.
4. City Council Workshop Budget.
A), Vehicle Maintenance.
Discussed adding a lift to the shop, the cost would be approximately $1500.00.
Tommy Belcher indicated he needed other minor equipment and supplies.
Discussion on maintenance of vehicles.
Councilman McNeill asked if Tommy did maintenance on the Fire trucks.
Tommy indicated he did.
Councilman Jenkins asked Tommy if he maintained a computer record of
maintenance on the vehicles.
Tommy indicated he kept records both on paper and on computer.
Discussion about replacing truck.
B). Streets
Discussion on Wearing Apparel.
Discussion on lease equipment and minor equipment.
Councilman James asked about sweeping the streets, and if the City did not do this
anymore.
Chuck Tucker indicated it could be done in his budget under street maintenance.
Discussion on Sales Tax and Street Maintenance. Councilman Jenkins indicated he
was under the impression there was an ordinance or policy that stated the Sales Tax
revenues would be used for Street Maintenance.
Mayor Kincaid also agreed.
City Secretary indicated she had looked for this type of documeni and indicated she
could not locate any findings. She indicated she would contact Nel Armstrong, ex -
mayor, when she got back from her trip and see if she could be of assistance in
remembering when it was adopted or if it was a Resolution, and possibly assist in
locating the document.
Councilman Jenkins asked if the $180,000 for Sales Tax was included in the General
Fund Budget,
City Administrator, Jack Smith, indicated it was, and it was in general fund
operating revenues.
C). Parks -Discussion on mower, motor vehicles and cellular telephone.
D). Pool -Discussed Pool rates, and number of employees.
Mayor Kincaid indicated he had received several comments on the pool staff, he
indicated there were many compliments on the professionalism of the staff.
Discussion on Concession stand.
E). Community Center -Mayor Kincaid asked how the building was holding up.
Chuck indicated the carpet was worn, and the building needed a paint job.
Discussion on annual revenue.
F). Solid Waste -Discussion on Contractual Services and Convenience Center.
Discussion on eliminatin
g ng recycle bin at Convenience Center.
City Administrator indicated he had received a call from Waste Management, and
our representative, Al Judkidwicz, was no longer with the company. The new
regional manager at Waste Management will meet with Jack next week.
Discussion on bidding out collection service.
Discussion on telephone "a Station.
G). Police Department.
Mayor Kincaid asked if there were any auxiliary officers, and what they were paid.
Benny Erwin indicated there were four, and they were not paid. Their uniforms
were supplied and workman's comp, was paid.
Discussion on filling all reserve positions.
Benny indicated the requirements were the same for regular officers and reserve
officers.
Discussion on safety and lease equipment.
Benny indicated there were five police vehicles, and that all the vehicles were not
fully equipped.
Discussion on Equipping all cars with cameras.
Discussionunit. Benny indicated they could take this off the budget, he was
not going to pursue it, and indicated he would like to use that money for a camera
or radios.
Discussed Bullet Proof Vests.
Discussion on life of Vehicles, Benny indicated that would last longer if they had a
few take home units.
H). Municipal Court.
Air Conditioning unit was discussed and staff advised this item could be taken off
since it had to be replace about a year ago.
Discussion on Computer System and the need for a new computer.
Discussed Teen Court and how city hall does not have adequate room to conduct
Teen Court.
I). Electric Department.
Discussion on office supplies, dues & registrations, and travel expenses.
Discussion on wearing apparel, safety equipment, and minor tools.
Discussion on R & M Building, Jeff indicated the building needed to be painted.
Discussion on vehicle maintenance and equipment rental.
Discussion on hazardous waste Its Jeff indicated most all of the hazardous
waste in his department had been disposed of.
Lease Equipment Discussed in length:
a. u%ket T rink
b. Back Hoe
c. Trailer
d. Wire Puller
e. Brush truck
Jeff indicated all of the above items were necessary and there was not one that was
more important than another.
Discussed Franchise Fees.
Discussion on contractual services, economic development, telephone service, electric
& gas utility, cellular phone, and pagers.
Jeff indicated the goal of the electric department was to have all problems taken
care of within the next two years.
Councilman Jenkins asked if the electric department was still encouraging
underground wire.
Jeff indicated they did not have to encourage it, and basically customers generally
ask for it.
Discussed difference in rates between Sanger and Co Serve.
Discussed Deregulation.
J). Volunteer Fire Department.
Jeff indicated they decreased the pension fund, they are no longer going to try to
keep thirty-five volunteers, they are having a hard time keeping twenty.
Discussed office supplies, food, dues ®istration and travel expenses.
Discussed wearing apparel, Jeff indicated they wanted to purchase three sets of dress
blues for the firemen who attend funerals.
Discussed safety equipment, Jeff indicated training manuals and films should
decrease, the new trainer will provide most of it.
Discussed lease equipment, Jeff indicated they would like to lease a 2000 gallon
tanker.
Jeff indicated they needed to use the new radio system, he indicated it would take
some funds to upgrade it.
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Jeff addressed the siren system, he indicated that last year's budget had $13,000
dedicated for a siren system. The cost for the siren system is approximately
$26,000. He indicated the money in last years budget was still there, and he would
like there suggestions on what to do with it. He felt they did need to activate some
type of early warning system.
Discussion on the Barbecue at the Sellabration, Jeff indicated they had elected to not
do it this year.
Adjourned Workshop.
MINUTES. City Council Workshop
August 24, 1998
PRESENT: Mayor Tommy Kincaid, Councilman McNeill, Councilwoman Madden,
Councilman Mike James, Councilman Glenn Ervin, Councilman Jerry Jenkins,
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez,
Water/wastewter Superintendent Eddie Branham, Electric Superintendent Jeff
Morris, City Mechanic Tommy Belcher, Chief of Police Benny Erwin
Woodrow Barton
1. Mayor Kincaid Call Meeting to Order.
2. Discuss Fiscal Year Budget 1998-1999
City Administrator indicated the last Department Head to make their presentation was
the City Secretary Rose Chavez with the Administrative Department.
City Secretary indicated Mayor and Council budget basically stayed the same and the
bulk of it was coming out of the administrative side.
Discussed Ladies' Restroom in office.
Discussed Insurance, Contractual Services, and Legal Services.
City Secretary indicated they were trying to departmentalize on telephone services.
City Secretary addressed R & M building for the Sullivan Center.
Discussed Health Inspections, City Secretary indicated the City will have a new
inspector, and that Joe Tims will send a letter recommending the Council officially
appoint the new inspector.
Discussed Supplies for Data Processing, Postage, Maintenance on copy machine,
computer hardware, and other office equipment.
Discussion on what they still owe on new computer system and the monthly payments.
Mayor Kincaid indicated they should start discussing salaries and finish up discussing
budget.
City Administrator indicated they wanted to give people good salaries this year and
wanted to be able to keep the trained staff.
Discussed proposed increase for Department Heads.
Discussed Sergeant, and Lieutenant position in Police Department, and the required
tests to be given for those people to get these salaries.
Discussed Police Officer positions.
Councilman Jenkins indicated they should get salaries up enough to keep well tramed
people.
Discussed Fire Fighter Position.
Councilman McNeill indicated he would like to see them pay volunteer fire fighters per
run, instead of hiring a full time fire fighter.
Jeff Morris indicated that people's lives have gotten so busy that true volunteerism has
become a thing of the past. He has visited with other cities and volunteers and they
have indicated the same. He indicated he would like to see them start hiring paid
firemen to guarantee the citizens a certain quality of care.
Mayor Kincaid asked if the City would have a better insurance rate if they had a paid
fire department.
Jeff Morris indicated it had been discussed, but he was not sure.
Councilman McNeill indicated statistics show that volunteer fire departments are the
biggest service organizations in the United States, and do more for the people than any
other service organization.
Discussed position of possible paid fire fighter, Jeff Morris indicated this person would
be considered a captain and would report to the Chief and the assistant Chief.
Jeff Morris uidicated there was no one ni the department at his time that was qualified
for the position. He indicated the person would need to be a certified EMT or a
Paramedic.
Discussion on different options of the volunteers.
Councilman Jenkins indicated they should look at other options, leave it in the budget
for the position, allocate the dollars, but do not create the position until it can be
discussed more in depth.
Discussion on the possibility of Jeff Morris finding other alternatives in lieu of hiring
a full time fire fighter.
Councilman Jenkins asked Jeff Morris what they needed a back hoe for.
Jeff Morris indicated it was for hauling dirt, and for digging.
Councilwoman Madden complimented Fire Department on the job they did putting out
fire on Rector Rd.
Councilman James indicated that some of the proposed salaries were too high. He
indicated the Librarian salary was too big of an increase, and indicated they needed to
decide if that position was a department head.
Councilman James asked about the salary for the position of Administrative Secretary.
City Secretary indicated the person in this
up, and take her place when she was gone.
person to be her assistant,
position was someone who could back her
She indicated she saw the potential in this
Discussion on Administrative Secretary position and Salary.
Discussion on Water Department, Eddie Branham indicated he had one person he
wanted to promote and give a salary increase to immediately, he indicated this person
would become certified as an operator, and he also needed to train someone to replace
him.
Eddie Branham indicated he would like to eventually see all of his personnel certified.
Discussed hiring a person for meter reading.
Discussed using people from streets department for meter reading.
Discussed salary of City Mechanic and if the position was a Department Head position.
Councilman Jenkins indicated it was not a Department Head position, and that he was
the sole person that answered to the City Administrator.
Discussion on hire date, and salary for City Mechanic.
Discussion on if City Mechanic was a Department Head, Councilman Jenkins indicated
they needed to decide if it was or was not.
Council agreed that even if he did not have the title of Department Head, his salary still
needed to be raised.
Discussed Mechanic's Salary.
Councilman James indicated they needed to rewrite the job descriptions for the
Librarian and the City Mechanic.
Council agreed to allow City Administrator to come up with job titles and job
descriptions for City Mechanic and Librarian.
Council discussed and agreed to raise salaries of Librarian, and City Mechanic. They
will give one-half this year, and one-half the next budget year, to bring them to the
same pay scale as the Department Heads.
Mayor Kincaid indicated they would need to schedule a meeting to file the proposed
budget with the City Secretary.
Scheduled Special Called Meeting for August 31, 1998 at 7:00 PM to accept budget
proposal.
3. Meeting Adjourned.
MINUTES: SPECIAL CALLED CITY COUNCIL
AUGUST 31,1998
PRESENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilwoman
Madden, Councilman Mike James, Councilman Glenn Ervin
ABSENT: Councilman Jerry Jenkins
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Electric
Superintendent Jeff Morris, Water/wastewater Superintendent Eddie
Branham, Streets Superintendent Chuck Tucker, Woodrow Barton, Wanda
Ervin, Joe Higgs
1. Mayor Kincaid Called Meeting To Order, Councilwoman Madden led the Invocation, and
Councilman James led the Pledge of Allegiance.
2. Consider and Possible Action on Proposed Budget.
City Administrator indicated the following day would be the deadline for filing the
proposed budget with the City Secretary.
Discussion on position of Police Sergeant, Councilman Ervin indicated he would like to
see the salary amount for Stephen Lehotsky moved back down to $24,000 from $30,000
since no one had the years of experience required to qualify for the position of Sergeant
at this time.
Council agreed they should reduce it back down to $24,000, and look at it again next
year.
Councilman Ervin moved to reduce the proposed salary for Stephen Lehotsky down to
$24,000.
Seconded by Councilman McNeill.
Motion Carried Unanimously.
Discussion on when employees would receive the salary increases.
Council agreed to give Curtis Amyx an increase on October 1, to bring him up to
$33,000, and if he finishes all the courses, and passes all tests, and becomes qualified
to fill Lieutenant position they will increase his salary to $36,000.
Councilman James indicated that next year he would like to see the City seek advise from
a consultant and possibly have them do a survey of our City, Job descriptions and
salaries, and work out a step plan for each position instead of giving across the board
salary increases.
City Secretary indicated they had tried this in the past, and when they get to the council
for approval, City council has never been able to would agree on the step plan.
Discussion on Drug enforcement in the police department. Council agreed to put $99000
in proposed budget for Drug related programs, $2000 of these funds would be used
toward a commitment with Denton County Substance Abuse Commission (Alcohol and
Drug Abuse),
3. Consider and Possible Action to File Proposed Budget for Fiscal Year 1998-1999 with
the City Secretary.
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1999 with changes as noted.
Councilwoman Madden Seconded.
Motion Carried Unanimously.
4. EXECUTIVE SESSION: In Accordance With 551, Govt. Code, Vernon's Texas Codes
Annotated (Open Meetings Law), in Accordance With the Authority Contained in Section
551.071 - Consultation with City Attorney Concerning IESI Lawsuit.
Mayor Kincaid Convened into Executive Session at 7:34 P.M.
5. Reconvene into Regular Session and Consider Appropriate Action, if any, On Item
Discussed in Executive Session,
Mayor Kincaid Reconvened into Regular Session at 8:39 P.M.
No Action Taken.
6. Meeting Adjourned.
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50•197
O 0 � (RevB•o7l5)
Notice of Public Hearing on Tax Increase
Tile CITY OF SANGER will hold a I)ul)lic hearing on a proposal to
incrcasc total tax revenues from properties cm the tax roll by 13.1629 percent. Your
individual taxes ma}' incrca•c or dccrc:tsc, depending on the change in the taxable value of your property
in relation to the change in taxable �•:tiue of all other propert}' and the tax rate that is adopted.
The public hcarinl; will he held On September 8,1998 @ 7PP4 at 201 Bolivar, Council Chambers
FOR the proposal: Jerry Jenkins, Mike James, Glenn Ervin, Alice Madden, Carroll Mcneill
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
The following table compares taxes on an avenge home in this taxing unit last year to tuxes proposed on
the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable
value of your property.
Average residence homestead Value
General exemptions available
(amount available on the average homestead,
not including senior citizen's or disabled
persons exemptions)
Average taxable value
Tax rate
Tax
Last Year
$ 53,154
0.47260
$ 251.21 •-
This Year
$ 57,540
57,540
0.50284
$ 289.33
Under this proposal, taxes on the average homestead would increase by $ 38.12
or 15.17 percent compared with last year's taxes. Comparing tax rates without
adjusting for changes in property value, the tax rate would increase by $ 0, 03024
per $100 of taxable value or. 6 e 40 percent compared to last year's tax rate. These tax
rate figures are not adjusted for changes in the taxable value of property.
12:24 09-•04%' 98__DENTON_.CO. TA`/...OFFICE DENTON'_T'; .. 817-565-5539
Notice
PAGE 02
of Vote on Tax Rate
The City of Sanger
conducted a public hearing
on a proposal
to increase the total tax revenues
City of Sanger
by 13.1629 percent
on Tuesday, September 8,1998.
The City Cou�icil
is scheduled to vote
on the tax rate that will result in
that tax increase
at a public meeting to be held
on Monday, September 21, 1998, at 7:00 PNI
at City Council Chamber; 201 Bolivar, Sanger,
oN
CITY OF DENTON, TEXAS
F/RE DEQ�'
July 283 1998
Nel Armstrong, Mayor
City of Sanger
P.O. Box 578
Sanger, Texas 76266
Dear Mayor Armstrong:
In July of 1998, as part of our annual budget process, the City of Denton reviewed its annual
agreement for the provision of emergency medical services with your City. Based on our current
costs to provide those services to you, the City of Denton City Council voted on July 21, 1998, to
increase your per capita charge from the current $5.75 to $6.50 starting on October 1, 1998. The
population will be based on your estimated January 1, 1998, Council of Government figure. (4z So�
(1 7G a "LIP)
The City of Denton's estimated cost to provide emergency ambulance services is $13.45 per
capita (based on 25,050 total population) for the small cities in Denton County. This was
established by a July, 1998 City of Denton Emergency Medical Services (EMS) Cost Analysis.
Obviously, the cost to you to receive those services is substantially less than the cost to provide
them. Therefore, the Denton City Council also voted to increase your per capita fees over the
next three years as follows.
Year 1 (FY19984999) $6.50
Year 2 (FY1999-2000) $8.00
Year 3 (FY2000-2001) $10.00
I have attached the back up materials that the Denton City Council used to make their decision,
including the EMS Cost Analysis. If you have any questions or would like a presentation made
to your Council, please call me at your convenience. I have attached a new agreement for your
Council's approval within the next thirty days.
Cinnaraly
Fire Chief
(940) 349-8101
217 WEST McKINNEY STREET DENTON, TEXAS 78201
OFFICE (940) 349-8110 FAX (940) 349-8109
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SANGER
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton. The City of Sanger would like to contract with the City of Denton to receive emergency
medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY
CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. §791.001, et
l�70.-.,.,,� 1 �Oiil o n;f.. mov nnntrant to r�rnvirlP amaraPnry mP�iiral cPtvirPc to the rnnnty nr
.icti•, t r vuavu iii-rJ, �. va�� uauJ vva.ea...vr r.......... ..... .t,......J "�.......,.,.' ..—' "--.. ". "-- --^' V --
another city.
WHEREAS, both the City of Denton and the City of Sanger have the authority to perform
the services set forth in this Agreement individually and in accordance with TEX. GOV'T CODE
ANN. §791.011(c)(2); and
WI�IZEAS, the City of Sanger will make all payments for services out of available current
revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder
will fairly compensate it for the services performed; NOW, THEREFORE,
WITNESSETH
•• �
This Agreement is made on the _day of , 199_, between the City of Denton,
Texas ("Denton"), and the City of Sanger ("Sanger").
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical
services to Sanger in response to requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Sanger shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Sanger understands that Denton must also
respond to requests for emergency medical services for persons in Denton and that Denton has
other contracts to provide emergency medical services to other entities. Denton shall have the sole
right and discretion, without being in breach of this Agreement and without liability to Sanger, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
PAGE 1
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Sanger,
Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by
multiplying the population in Sanger by six dollars and fifty cents ($6.50). The population figure
. A ,.0ii um +i,,,+ +a;,,A,i ;n tt,P latPct edition of the North Central Texas Council of
L10QU 011Q11 VV ui"u vVAAL"AliwU ". ..... ____ ...
Government's estimate for January 1, 1998. The annual payment shall be paid to Denton in equal
quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term.
Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger
is delinquent in the payment of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordi-
nance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Sanger waives, nor shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, beginning on
October 1, 1998 and continuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi-
nation. If either party breaches a provision of this Agreement, the other party shall give the
defaulting party written notice of the default. Should the defaulting party fail to correct the default
within thirty days of the date notice of default is sent, the other party may declare the Agreement
terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical ser-
vices provided up to the date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To Denton: To Sanger:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and
PAGE 2
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
third party.
11. Assignment. Neither party shall assign this Agreement except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
rvrrTTm�n
,...
ate,,
a,...
,.�
1
nn
i:nt��.,v tt:L
vii
uic
uay
vi
, i��
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROLTTY, CITY ATTORNEY
BY:
ATTEST:
BY:
SECRETARY
CITY OF DENTON, TEXAS
BY:
JACK M1I.,LER, MAYOR
CITY OF SANGER
M�
MAYOR
. ..
PAGE 3
AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998
DEPARTMENT: Fire Department
0 Michael Jez, Assistant City Manager/Operations
CM/pC1Vi/ACM
SST: le, Corinth, Hickory
Consider increasing the per capita fees charged to the cities of Argy
' Creek, Krum, Lake Dallas, Ponder, Shady Shores and Sanger by the City of Denton for
iVA�tQI
emergency medical servilw" `L&•a�.•
BACKGROUND:
nton
Interlocal Agreements for emergency medical Lake Dallas, Ponder, SangerandShady
and the Cities of Argyle, Corinth, Hickory Crek,
Shores began in 1980. These agreements provide for erg ch Y new agreements ambulances by
paramedics for these small cities within our service areas
ordinances are approved by the Denton City Council fchar a next fiscal er capita for the mall
the City will charge per capita. Currently, the City is charging
cities.
ire Stations 21 3
The city presently provides three (3) front line emergency ambulances
bervncb lanes are stationed
t5' P
and 5. Two Firefighter Paramedics staff each ambulance. all on
at Fire Stations 1, 4 and 6 as back ups in cases where our
0nt line ency m dambulances
al services Reserve
emergency calls and the City receives another call forg
ambulances are staffed by the engine company crew from the nearest fire station to the call.
the City also responds to certain areas of the
In addition to responding to these small entcItiewith Denton County. The agreement between
unincorporated County under an afire
the City and County is different than the agreements with the small cities.
0 me company
ng
In the City, an emergency medical request for service
ce receives engine respondthe closests with at least three
and the nearest paramedic ambulance company
firefighters as "first responders" to quickly stabilize the patient until the arrival of the
ambulance. Normally, the fire engine will also have paramedics on it as first responders.
remaining 25%are
Nearly 75% of all our firefighters are also certified paramedics. The
certified Emergency Medical Technicians (EMT's).
for service receives only the nearest
Outside the City, an emergency medical request Jun diction
paramedic ambulance company. The first responders must come from the
requesting our assistance. In most cases, this is a local volunteer fire department.
What is the actual cost to provide emergency ambulance services to the small cities?
Over the past several years different rates have been charged. The rate has been determined using a
cost per capita. The following exhibit shows the rates since 1989.
Per Capita
Fiscal Year Charge
1989-1990 $2.75
199 M991 $2.75
1991-1992 $2.75
1992-1993 $235
1993.1994 $150
199 mi995 SOO
1995-1996 $535
199&1997 $535
19974998 $5.75
Small Cities Historical Per Capita Cost by the City of Denton for EMS
Historically, the cost to the City of Denton to provide EMS to the small cities has been more than the
cost recovered by the per capita rate charged. City Councils in the past have determined the revenues
generated from the small cities justified the expense of providing an ambulance for their emergency
medical calls for services*
hat rate should be charged for this service, an EMS Cost Analysis Study
To more accurately decide w
(attached to this report) was completed in July 1998, and determined the following$
Small Cites' proportionate share of ONE ambulance = 60.1%
Annual Cost of ONE Ambulance to Small Cities = $336,968
True per capita cost of ONE ambulance to Small Cities = $13.45
For the current Fiscal Year, the City charges $5.75 per capita based on the population
estimated by the North Central Texas Council ef God capita cost to the C'ty S s
amount is billed per quarter. From the a gm
substantially more than the per capita fees received from the small cities.
There are several options that the City Council may consider in establishing the fee to be
charged to the small cities:
Option 1: Charge the true per capita cost of $13.45.
is wou d be a policy change from past years to collect the full cost to the City. Many of
the small cities would probably be unable to expend this much. However, the cost to provide
2
the same level of emergency ambulance services on their own would be substantially more
and a cost they also could not afford. The cities would most likely end up without
emergency ambulance services unless they contracted with a private ambulance company.
Option 2: Phase in a per capita cost over three years to get closer to the true cost.
Year 1 (FY1998/1999) $6.50 per capita
Year 2 (FY1999/2000) $8.00 per capita
Year 3 (FY2000/2001) $10.00 per capita
This option would allow the small cities to plan for expenditures on a long-range plan. The
proposed Interlocal Agreements for the next fiscal year are based on a charge of $6.50 per Y i
capita.
45
Option 3: Charge a per capita fee between $5.75 and $13..
11 ity ouncil could choose to charge a fee somewhere above the current fee up to the total
cost to provide the cost of emergency ambulance services.
Option 4: Charge the current rate of $5.75 for the next fiscal year*
e new agreements for the next fiscal year would maintain the current fee per capita.
Staff recommends Option #2.
FISCAL INFORMATION:
to estimates at ese agreements based on a per capita charge of $6.50 for the 25,050
people covered will provide $162,825 in revenues.
No other program or department is affe cted*howservices e ,twithhese smallout cities*
it se agreements the City
would have to stop emergency ambul
Attachments:
City Council Presentation Slides
EMS Cost Analysis Study, July 1998
Ross Chadwick
Fire Chief
3
City Council Presentation - July 21, 1998
IT of Denton
EMERGENCY
MEDICAL SERVICES
(EMS)
SMALL CITIES
Agreements de
Ordinances For
Ambulance Services
WHO ARE THE SMALL
CITIES?
Argyle, Corinth, Hickory
Creek, Krum, Lake Dallas,
Ponder, Sanger,
Shady Shores
OVR COSTS TO PROVIDE
EMS AMBULANCE SERVICES
TO SMALL CITIES
• Small Cities proportionate share
of One City Ambulance =
WHY THE AGREEMENTS
AND ORDINACES?
• Need to be approved each
year.
• Chance to look at our costs.
• Determine what to charge
the small cities_.per Capita.
NEEDS TO BE APPROVED
EACH FISCAL YEAR
• Sets the terms and condition.
• Establishes the per capita change
and when payments will be made.
. 65. 75 CURRENTLY
• Establishes the population to be
used. NTCC06 111197
estimote of 25, 050
OVR COSTS TO PROVIDE
EMS AMBULANCE SERVICES
TO SMALL CITIES
• Antwal Cost of One City Ambulanee
to Small Cities =
SMALL CITIES' EMS AGREEMENTS
cil Presentation - July 21,1998
City Coun
OUR COSTS TO PROVIDE WHAT SHOULD THE CITY
EMS AMBULANCE SERCES CHARGE THE SMALL CITIES
TO SMALL CITIESFOR AMBULANCE SERVICES?
• ACtual Per Capita Cost of One City
Ambulance to Small Cities =
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
•QpjLon #2 - Phase in the Costs
Over 3 Years:
Year 1 = $6.50
Year 2 = .$8.00
Year• 3 = $10.00
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
• tior� #4 -Continue to charge the
current rate of $ 5.75 .
• tion #1 - Charge Full Pcr Capita
Cost.
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
• tion #3 -Charge Somewhere
between $6.50 and
$13.45
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
Stnf f Recommends
OPTION #Z 0
SMALL CITIES' EMS AGREEMENTS
City Council Presentation - July 21, 1998
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
• O�ti�#Z - Phase in the Costs
Over 3 Years:
Year 1 = $6.50
Year 2 =8.00
Vann 3 = 1100 00
C
City of Denton
EMERGENCY MEDICAL
SERVICES
EMERGENCY MEDICAL SERVICES COST ANALYSIS
WHAT ARE THE ANNUAL COSTS TO OPERATE SPECIFIC FIRE COMPANIES?
One of the questions often asked is what a specific company, such as an engine company or
ambulance company, actually costs. The following methodology takes into account the personnel
costs plus the proportionate supporting costs for engine, ambulance and the quint companies.
There are two types of supporting costs: (1) those in the Fire Department's budget to support
operations; and (2) City support costs (overhead from other City Departments such as the City
Manager's Office, City Attorney, Human Resources, Finance and Information Services). Fire
Department SUPPOrt costs may be figured as shown in the following exhibit.
FIRE DEPARTMENT SUPPORT COSTS
Total Fire Department budget
$
minus Ops personnel costs
minus EMS personnel costs
ii.. cKAO Oe. mm lulflmnpr oarsonnel Costs
lvt%oplus 3 Shift Commanders personnel costs $
_._.._ 0:-, o.e.,nnHnn n;�inn hudeet
.
7,
(s49
(5
a2a,6sa
631,298)
(S$24,9.13)
$840160
25&162
280,552)
Exhibit 1. Denton Fire Department Support Costs forOperations - FY 1997/98
Once the support costs are determined, the next step in finding the operating costs of specific
companies is to decide how to proportionately share those costs among the engines, ambulances
aMd. quint. There are three good factors which should be considered: number of calls, number of
total units, and number of total people. Using each specific factor to determine the proportionate
share of the operating costs is shown in Exhibit 2.
BASED ON
PROPORTION OF CALLS
5 Engines
1 aunt3 Ambulances
BASED ON PROPORTION OF UNITS
5 Engines
1 point
3 Ambulances
sts Per Uni
Calls
Proportion Support Cot
149.00 42.12% 56771963.SZ 5135,592.70
749.00 %02% 9161,281.92 $1618281.92
can 47.86% $770,354.56 $258,784.85
Units Proportion Support Costs Per Un1t
5.00 55.56% 5894,293.76 it78,858.75
1.00 _ 11.11% $178,Ms56 $178,828.58
3.00 33.33% $536,479.68 $178,828.56
4.00 16.00% 5257,536.00 s2570538.00
8.00 _ 24.00'G 5386,304.00 5128,768.00
Exhibit 2. Proportionate Shares ojAnnua! Operating Costs by Companies- 3 D�erent Methods
As shown in Exhibit 2, each method gives different proportionate shares. Abetter method
combines all three factors into one overall proportion. However, not all are equal in
representative value. Since personnel costs impact costs the greatest, the number of people
sio
hould have a higher value. oexhibit nd number of unlists, the its each eccen of iving a 2ing costs
%based
val eon a
combination of all three with
and the number of people having a 50% value.
July 1998
0
EMERGENCY MEDICAL SERVICES COST ANALYSIS
5 Engines
1 Ouint
3 Ambulances
E1
fe of Units # of
2.50% 2.75°/k 8.00°k
12.00% 8.25% 12.00%
13.25%
32.25%
Costs
5213.272.00
5519.096.00
Exhibit 3, Proportionate Shares of Annual Operating Costs by Companies
Per It
5213, 272.00
S 173, 032.00
Once the step of determining the proportionate shares of supporting costs are figured, the next
step is to find the costs of the personnel assigned to these units. When staffing a fire department
staff unit assigned 365 days a year, 24 hours per day, it takes more than just one person to
FL Aeach
position. Therefore, in addition to figuring the total compensation (salary, benefits,
overtime, annual estimated overtime, longevity, certification, etc.), we must establish how many
people it takes to staff each position. Exhibit 4 illustrates the personnel costs for each position on
ion is estimated based on top step and full certification.:::
alI the companies. Total compensat
, _ _:.:_ . inn^A nn nnrrpnt IICAOP..
Leave hours are averages for each puai►iull vaS..0 � • - - _
FY1997KJ8 PERSONNEL COSTS
CAPTAIN
Hours to be worked in 1 year
Hours worked in 1 Yeariemployee
minus annual Sick Leave usage
minus annual Holiday usage
minus annual Vacation usage
Total hours worked in 1 year
Employees needed for 1 position
Captain's Total Annual Compensation
1 Captain's Position Personnel Costs
8,760.00
2.912.00
(180.00)
(108400)
(240900)
2*384.00
3.67
$77.242.00
$283,825AT
365'24
56 hours'52 weeks
8, 760/2,384
a77, 242'3.67
Hours to be worked in 1 year 8,760.00 365'24
Hours worked in 1 Year/employee 2.912.00 56 hours'52 weeks
minus annual Sick Leave usage (180800)
minus annual Holiday usage (108600)
minus annual Vacation usage (216.00)
Total hours worked in 1 year 2.408.00
Employees needed for 1 position. 3.64 81760/2,408
Drivers Total Annual Compensation $64,947.00 _
1 imvees Position Personnel Costs 5238,268.99 • 5604T3 64
Hours to be worked in 1 year 89780.00 365'24
Hours worked in 1 Year/empbyee 2.912.00 56 hours'S2 weeks
minus annual Sick Leave usage (180000)
minus annual Holiday usage (108800)
minus annual Vacation usage (192•00)
Total hours worked in 1 year 2.432.00
Employees needed for 1 position 3.60 8,76012,432
FF's Total Annual Compensation $51,069.00
1 FF's Position Personnel Costs $W$949.19 $510069*3960
Exhibit 4. Annual Personnel Costsfor Each Operational Shift Position — F'I'1997/98
July 1998
EMERGENCY MEDICAL SERVICES COST ANALYSIS
The proportion of supporting costs and the personnel costs per position have been determined.
The last step is to establish nthe
5. A coannual t per hour can then be establiany costs for all companies shed for each of the staffinged on their
levels which are shown to
companies listed in Exhibit 6.
Captain 5283,825.47
5236,268.99
Driver $183,949A9
Firefighter $175,446600
Support Costs $879,489 65
Total "arson Engine Company
ANNUAL (FY91t981 ENGINE COMPANY COSTS (Staffln$
offs 825.47
Captain $236,26&99...
Driver7:>388 38
Firefighters $175A46a
Sunoort Costs ., .,...
Total 4-Person Engine Company a''w'''�•'�'"-
ANNUAL (FY97t981 ENGINE (QUINTI COMPANY COSTS (Staffin 82f
Captain $236,268999
Driver $367,898,38
Firefighters $213 272.00
su rt costs $111IK264.84
Total 4-person Engine Company
ANNUALIFY97t981 AMBULANCE COMPANY COSTS (Staffino of 21
Paramedic Driver $183*949*19
Paramedic Firefighter $183,949.19
Support Costs $69340!1250.18
3200 .
Total 2.Person Ambulance Corn n
.
Exhibit S. Annual Company Costs - FY 1997198
FY1997t98 COST PER HOUR FOR OPERATIONAL FIRE COMPANIES
3-Person Engine Company $100
4-Person Engine Company 5121
40Person Quint Company $126
Paramedic Ambulance Company $68
Exhibit 6. F'}'1997/98 Cost Per Hour for Fire Department Operatic Companies
WHAT ARE THE COSTS TO PROVIDE EMERGENCY MEDICAL SERVICES (EMS) TO
THE CITY OF DENTON?
The city presently provides three (3) front line emergency ambulances from Fire Stations 2, 3 and
ambulances are stationed at Fire
5. Two Firefighter Paramedics staff each ambulance. Reserve
Stations 1, 4 and 6 as back ups in cases where our front line ambulances are all on emergency
calls and the City receives another call for emergency medical services. Reserve ambulances are
staffed by the engine company crew from the nearest fire station to the call."- "
The City responds to certain areas of the unincorporated County under an agreement with Denton
ral small cities (Argyle, Corinth, Hickory Creek, Krum,
County. The City also responds to seve
July 1998
10
EMERGENCY MEDICAL SERVICES COST ANALYSIS
Lake Dallas, Ponder, Sanger, and Shady Shores) in the County under interlocal agreements and
ordinances which are approved each year by the City Council setting the terms and conditions of
the agreements.
In the City, an emergency medical request for service receives the closest engine company and
the nearest paramedic ambulance company. The fire engine responds with at least three
firefighters as "first responders" to quickly stabilize the patient until the arrival of the ambulance.
Normally, the fire engine will also have paramedics on it as first responders. Nearly 75% of all
our firefighters are also certified paramedics. The remaining 25% are certified Emergency
Medical Technicians (EMT's).
Outside the City, an emergency medical request for service receives only the nearest paramedic
ambulance company. The fast responders must come from the jurisdiction requesting our
assistance. In most cases, this is a local volunteer fire department.
In 1991, the Fire Department responded to a total of 81244 emergency calls for assistance. t)f
those, 5,800 were emergency medical calls. Obviously, 70.35% of the Fire Department's
business is EMS. The City's three front line ambulances respond to all EMS calls as well as
some fires. Each ambulance averaged 2,044 total responses in 1997, including 1,933 EMS calls.
The EMS workload for an ambulance is therefore 94.6% (1,933/2,044). In 1997, the ambulance
transport rate was 60.1% of our total EMS calls.
Determining the exact costs to provide EMS is difficult to establish due to the fact that there are
many variables. Do you cost out the first responders? Or just the ambulances? A quick
estimation of the City's cost to provide EMS can be determined as follows.
Exhibit 7. Overall City Cost to Provide EMS
Exhibit 7 shows that it costs $4,730,000 dollars to provide the current level of emergency medical _
services.
As stated earlier in this report, each ambulance company costs $593,033. Of that total ambulance
cost, the estimated EMS cost equals $561,033 ($593,250 X 94.6%) Since each ambulance
averaged 1,933 EMS calls in 1997, the total ambulance EMS cost could be figured as $290 per
each EMS request for services ($593,250/1,933). Unfortunately, since each ambulance only
transports 60.1% of their EMS responses, the cost per transport equals S483 (1,933 X 60.1%
divided by $561,033). Keep in mind that these are for the ambulance only and do not include the
first responder costs.
COSTING EMERGENCYMEDICAL SERVICES FOR SMALL CITIES?
The City presently provides emergency medical services (EMS) to several small cities in Denton
county. These cities are Argyle, Corinth, Hickory Creck, Krum, Lake Dallas, Ponder,
July 1998
11
EMERGENCY MEDICAL SERVICES COST ANALYSIS
III OWN
Shores and Sanger. The City responds a paramedic ambulance in
etont h normally volun tiered for
medical problems. The first response rs by the local fire departm
departments.
Over the past several years different rates have been chargate has been determined using
a cost per capita. The following exhibit shows the rates since
1989The .
Per Capita
FYIIIIIIIIIINIII
Charge
2.75
$2.75
$2.75 $2.75�_--
1993.1994 $150
1994.1995 $430
1995.1996 $5.75
19964997 $5.75
19974998 $5.75
Exhibit 8. Small Cities Per Capita Cost by the City of Denton
DETERMINING THE PER CAPITA COST OF PROVIDING EMS TO DENTON COUNTY SMALL
CITIES:
n more than
Historically, the cost to the City of Denton to prro To EMSacc the small
e y amide whatties has rae should be
the cost recovered by the per capita ratecharged.
ice, the following methodology should be used:
charged for this sery
Ste 1: Determine the ro RlOrtaTe snaio ve .+l+o I------ .
The�mall Cities EMS costs should onbm�c� �ls � de� m'�� e�lier, the cost Denton
Fire Department apparatus respond
ambulance is $593,250. The Fire Department's revenues were deducted out when establishing
revenues generated by ambulances
the operating costs of services. This miles havet�expected mounted for d has no bearing at
transporting patients from the small ctt
this point in the determination of the cost per capita. However, these revenues can be estimated
as follows:
Currently the City recovers SO% ojbilled transports and averages 61 % of the
mThe current average payment is $251. Thus, the
edical calls as transports.
estimated revenue can be determined
t eimen they mul collection rate (SO%erne theaaraoun 61)
times transport rate (60. )
collected ($251).
1.161 EMS calls X 60.6% transport rate X SO%collection rate
Estimated 1997/1998 annual revenues generated by Small Cities a $88,880
July 1998
12
EMERGENCY MEDICAL SERVICES COST ANALYSIS
As stated earlier, the City responded to 5,800 emergency medical calls for service. The three first
line ambulances thus responded to an average of 1,933 calls per unit. The Small Cities' share of
these calls for service equaled 1,161 responses. The proportion of the use of the ambulance can
be determined by dividing the 1,933 calls per ambulance by the 1,161 Small Cities' calls for
service.
1,161 /1,933 =
Small Cites' proportionate share of ambulance = 60.190
This can now be determines oy muittpgnng �
proportionate use by the Small Cities (60%).
the percentage of
$561,033 X 60•�
e......•,1 N.,ef of dmhuhnea In 4mall rifles = S3360968
i
M/1/IM# VW� yr r�nrrrww••►...� �....... . - .
The true per capita cost to the Small Cities can now be determined by dividing the tots cost
($336,968) by the total population (25,050):
g336,968/25,OS0
True per capita cost of 1 ambulance = $13.45
The following exhibit illustrates some of the relationships of the Small Cities and the cost of
emergency medical services in their jurisdictions:
Cost Current
Cost ($13.45) ($5.75)
EMS Pop. % of based on per charge
SMALL CITIES: Calls 111198 calls % of use Capita per Capita
Argyle 129 21100 11.1% $37,441 $28,245 $12,075
Corinth 193 7,300 16.6% $5566016 $98,185. $41,975
Hickory Creek 53 2,050 4.6% $15,383 $27,573 $11,788
Krum 91 118M 7.8% $26,412 $24,210 $10,350
Lake Dallas 283 5,550 24.4% $82,138 $740648 $319913
Ponder 51 450 4.4% $14,802 $6,053 $2,588
Shady Shores 26 11550 2.2% 71546 $20,848 $8,913
Sanger 335 4,250 28.9% $97,230 $57,163 $24,438
1,181 25,050 100.0% $336,968 $336,923 $1441038
Exhibit 9. Small Cities EMS Costs
July 1998
13
DENCO AREA 9-1-1 DISTRICT
P.O.. Box 293058, Lewisville, Texas 75029-3058
PhonerM. 972-221-0911 FAX: 972420-0709 • Webpage: www.denco.org
M
TO: Participating Cities
FM: Mike Pedigo, Executive Director
DATE: August 12, 1998
r• fps �nnn r'______'_1 Tl_� _ -.
1Cr: Fiscal Y ear 1999 ralallclal Pliul
IF
Enclosed is a copy of the Denco Area 94"l District's Fiscal Year 1999 Financial Plan. The plan
was approved by the district board, of managers, at its August 6, 1998 regular meeting.
Section 772 of the Texas Health and Safety Code requires participating jurisdictions approve the
district's budget each year. I request your council consider the enclosed plan prior to the end of
IF
September, 1998. A sample resolution is enclosed for your use.
If you have any questions, please do not hesitate to call me at 972- 221-0911.
Enclosure
csf
IF
IF I
IF IF
IF
IF
IF I IF
IF IF
IF
IF
Fit
1075 Princeton Street, Lewisville, Texas 75067 IF
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1999 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY
CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of has been
presented the Fiscal Year 1999 Financial Plan of the Denco Area 941 1 District for approval, in
accordance with section 772.309 Texas Health and Safety Code, as amended;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF
HEREBY RESOLVES:
SECTION I.
financial plan.
That the City of
TEXAS
hereby approves the
SECTION II. That this resolution shall become effective immediately from and after its
passage.
PASSED AND APPROVED this
ATTEST:
City Secretary
day of , 1998.
City of ,Texas.
By:
Mayor
Memorandum
To: Tommy Kincaid
Glenn Ervin
Jerry Jenkins
Mike James
Alice Madden
Rose Chavez
From: Jack Smith
Date: July 30I 1998
n..�:__a. • n o � n nAA..,a n MMA�wiw.AwiA
.7uuj ft �tr► a Ito o�ai u r�NNuu ni i ici ua
Please choose 5 names for the 4A Corporation:
_ Nel Armstrong _Howard Ashcraft
_ Frank Ballard _ Kent Crutsinger
_ Diana Cruz _ Joe Falls
_ Charles Fenoglio _ Bill Fuller
_ Beverly Howard _ Mike James
_ Tommy Kincaid _ Carroll McNeill
_ Richard Muir _ Willie K. Pate
_ Jack Richardson _ Shelly Ruland
_ Joe Skiles _ Garland Thornton
Please choose 7 names for the 4B Corporation:
_ Nel Armstrong _Woodrow Barton
_ Beverly Branch _ Eddie Branham
_ Mary Bucklew _ Glenn Ervin
_ Joe Higgs _ Steve Hollingsworth
_ Beverly Howard _ Jerry Jenkins
_ Terry Jones _ Glenn Lanier
_ Russell Madden _ Carroll McNeill
_ Mary Belle Sims _ John Springer
_ Chuck Tucker
*****MEMO*****
To: Honorable Mayor and City Council
Fr: Jack Smith, City Secretary
Re: Alternative Proposal for Fire Department
1nC I,UUI1C11, Ql U1C DUllb'Cl W U1RJ11V�1 Vlt AUb'UJl GY, 1770, t�.�uwwu uaa� ovi. i..aa.... t...........�
come up with alternatives in lieu of hiring a full time employ in the Fire Department.
Attached is Jeff's Proposal. City Council will need to review this request, and make
recommendations to the staff as to whether or not Jeff s proposal is acceptable. The funds are
already allocated in the budget.
BANGER FIRE DEPT. DUTIES AND PAY SCALE
POSITION: Fire Chief
* Supervision of up to 30 fire department members
* Respond to EMS and Fire calls
* Assigned to EMS shift
PAY: $600 Monthly - No run allowance
= Responsible for make-up of monthly EiviS s'riift rosier
* Responsible for Fire Department daily operations
* Prepares annual budget
* Responsible for distributions of funds associated with budget items
* Responsible for monthly Fire and EMS reports
* Responsible for quarterly air quality control test
* Responsible for coordination of monthly EMS training
* Responsible for coordination of bi-weekly fire training
* Responsible for training records of each member's training
* Responsible for coordination of annual hose testing
* Responsible for coordination of annual ladder test
* Communications officer
* Coordination of public education
BANGER FIRE DEPT. DUTIES AND PAY SCALE
POSITION: Assistant Fire Chief Pay: $400 Monthly - No per run allowance
* Respond to EMS and Fire calls
* Assigned to EMS shift
* Responsible for Fire Department operations as assigned by Chief
* Assist in Fire training
* Responsible for weekly SCBA testing
* Responsibie for montniy SCBA tesiinc�
* Responsible for annual SCBA testing
* Responsible for coordination of Hydrostatic testing on SCBA bottles
* P.P.E. Officer
BANGER FIRE DEPT, DUTIES AND PAY SCALE
POSITION: EMS Coordinator Pay. woo Monthly
DU :
* Respond to EMS and Fire calls
* Assigned to EMS shift
* Responsible for weekly A.E.D. testing
* Responsible for monthly A.E.D. testing
* Responsible for annual A.E.D. testing
r n_.._,._.,:t..t.,
r.........,,t,l........a....:..,.......a
...a..a:.....,r
c��c�
.. ..1:....
ISGJ�JUIWIUIC
IVI
WCGIUy IGJlV1i1Il�.
t711U
IVtQUVII
VI
LIVIV
Jllp�.11tGJ
* Responsible for preparation of 2 year EMS Summary
BANGER FIRE DEPT, DUTIES AND PAY SCALE
POSITION: Facility & Vehicle Officer Pay: $300 Monthly
* Weekly preventative maintenance of vehicles
* Weekly washing of vehicles
* Weekly cleaning of Fire Department facilities
* Respond to Fire and EMS calls
* Assigned to EMS shift
BANGER FIRE DEPT. DUTIES AND PAY SCALE
POSITION: All Other Members Pay: $15.00 per shift Worked
DUTIES:
* Assigned to EMS shift
* Responsible for duties as assigned by officer's
* Respond to Fire and EMS calls
* Responsible for safe operation and care of Fire Department facilities and equipment
**If a member chooses not to be assigned to EMS shift and remains active within the department for that
yeQl, tliitt IIIGIIIUCI VYIII IOUVIVC .pGJV.VV IVI LIM11 UULIVOt
SALARY BUDGET ALLOTMENT $41,215032
Chief $600.00 $7200.00
Assistant Chief $400.00 $4800.00
EMS Coordinator $300.00 $3600.00
Vehicle &Facility Officer $300.00 $3600.00
All other members shift allowance
260 shifts X 3 members @ $15.00 each equals $11,700 annually
Four members not on shift tL'D $250.00 each equals $1,000 annually
Budget Allotment $41,215.32
Expenditures - $310900.00
$ 913150320
MONTHLY REPORT
SANGER PUBLIC LIBRARY
AUGUST 1998 ACTIVITIES
Submitted by Victoria Elieson
HIGHLIGHTS:
The Friends
shirt. It shows
the slogan "vn„
for the T-shirts
ADMINISTRATION:
of the Library have designed a logo for a T-
a bookworm in front of a row of books with
--�. �I:�QYs l Ltlu ct rl-i.ena in a book" Orders
will be taken at the Sanger Sellabration.
The director (Vicky) took a week of vacation during
August. Library activity remained routine while she was
gone.
Meetings attended.
North Texas Regional Library System Director's Forum,
8/19, Fort Worth
Denton County Library Advisory Board, 8/20, Denton South
COLLECTION:
Continued the inventory. Have completed through 930 in
nonfiction.
CIRCULATION:
Completed the annual cleanup of computer fine records.
SPECIAL PROJECTS:
Stanley Lovelace %J Lovelace Landscaping has volunteered
to maintain the library flower beds if he can put up a sign
saying that he has adopted this spot. This is a very welcome
offer since the new landscaping is more high -maintenance than
before, and the city crews don't have enough time to devote
to the upkeep.
PROGRAMS:
The Reading Club Swimming Party was enjoyed by 38 of the
children who read at least 2 hours this summer.
Took the usual August break from Storytime. Planned
storytimes for the next five months.
AUGUST 1998 STATISTICS
Aug 97 Aug 98
BORROWER CARDS:
Last month 21857 31119
New cards 52 41
Cards withdrawn 0 1
Cards reactivated 3 14
TOTAL 21912 31173
CIRCULATION:
Adult nonfiction 412 392
Adult fiction 163 247
Interlibrary Loan 5 12
Misc. Uncataloged 0 1
Junior fiction 57 110
Child's nonfiction 291 149
Child' R f; r4f; n„ rnr
Uo0 442
Paperback fiction 222 217
Magazines 10 12
Videos 502 355
Cassette players 4 1
Nonfiction video 34
Audio tapes 12 41
TOTAL 21263 21013
PROGRAMS:
Number of programs 1 1
Number of adults 15 16
Number of children 30 38
VOLUNTEERS:
Number of adults 2 3
Number of juniors 6 6
Total hours 22 57
COLLECTION:
Last month 14,278 14,852
'Books added 65 57
Books withdrawn 0 153
Total Cataloged 14,343 14,756
Paperbacks 2��
294 2 451
Video Materials 356 530
Audio Materials 74 119
TOTAL COLLECTION 17,067 17,856
REVENUE:
Overdue fines $125.78 $108.75
ILL postage 8.46 6.45
Lost materials 1.00 11,95
Copies 42.80 62.70
New Card Fee 1.75 3.00
TOTAL $179.79
$192.85
When F,sta Lou Morgan
died recently, the Sanger Public
Library received more than $500
in her memory.
According to Library
Director Vicky Elieson, Ms.
Morgan was a great supporter of
the library. "She believed
strongly in the influence of good
books on young people," she said.
The donations received in
her memory were used to buy 29
biographies written for middle
school students, Elieson
explained.
"The library now has new
books on inventors like Thomas
Edison, patriots like Paul Revere
and Western heroes like Jim
Bowie. There are also books on
statesmen, sports figures,
entertainers, astronauts and
others."
In addition to the books,
Elieson said that the library
bought five animated video
biographies. "These materials
will be useful for reports, but also
we can make Esta Lou's dream
come true by reading about and
learning from the lives of great
people," she said.
Other memorial donations
include:
My Sergei by Ekaterina
Gordeeva in memory of Colleen
Arledge;
Two books on container
gardening in memory of
Winifred Fowler;
The Olympic Spirit and
Nicholas Sparks' Message in a
Bottle in memory of Yvonne
Killgo;
The Denton County
Obituary Index, Denton
County Texas Wills and
Letters from a World GVar II G.I.
in memory of J.C. Kirk;
Danielle Steel's The Klone
and I, Mary Higgins Clark's
You Belong TO Me, a children's
book and an inspirational boot: in
memory of Martha McNeil;
1117inning 42: Strategy and
Lore of the National Game of
Texas in memory of Earl
Pearce;
Children's and adult fiction
including Pegasus, illustrated
by Marianna Mayer, in memory
of Clyde Romines;
The complete National.
Geographic from 1888 to 1996
on CD-ROM in memory of Hill
Rowe. Elieson said this will be
vary useful to students doing
reports about wildlife; and
Children's fiction, adult
fictio❑ and Don't Sweat the
Small Stuff — And It's All Small
Stuff in memory of Judy Cole
71�omas.
Besides memorials, Elieson
stated that one book was donated
in honor of someone. The Story
of Alothers and Daughters was
donated in honor of Frankie
Jennings. Also donated was a
video biography of George
Washington in lionor of the 50th
wedding anniversary of Mr. and
S. Neilan Cook.
usi 2T, I998 Sanger Courier, T
By Vicky Elieson
Contributing writer
Readers who enjoy bittersweet romances should try Nicholas
Sparks' new book, Message in a Bottle.
Theresa Osborne, a journalist who writes a parenting column.,
takes a needed vacation. While on Cape Cod, she finds a bottle
containing a letter to Catherine from Garrett. The letter touches her
heart because it is written eloquently to a lost love.
Theresa, whose own love was betrayed by her husband's
infidelities, finds herself wondering about Garrett and Catherine.
Who are they? Why is" their love so strong? What happened to
Catherine?
When Theresa begins to find clues about who Garrett's identity
and where he lives, she can't help but follow up on them. What she
finds will reward and haunt her forever.
This books is definitely a '90s love story. It contains the
obligatory premarital sex scenes (not graphic). In addition,
Theresa's biggest problem is how to love someone completely,
without giving up her career or her New York apartment. That's her
biggest problem, at least until an unexpected event makes her re-
evaluate her choices, while at the same time reducing the number of
choices she has.
Theresa and Garrett's story is unexpectedly affecting. In spite of
lack of character development, they do become characters to care
about. The premise is a little farfetched, but those who loved The
Notebook, by the same author, will overlook these faults and
undoubtedly enjoy this book, too.
SEP 04 '98 14q*20 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404584180 P.01i06
NICHOLS, JACK.SON, DILLARD,
HAGER & SMITH, L.L.P.
1.800 LYNCOLN PiA2A
500 N. AKARD
DALLAS, TEXAS 75201
(214) 965.9900
(214) 965-0010 FAX
mLIT<i.
Ft1T.T.IIWy'NC`T
T[l-
0
AJAU A V A;iA%
NAME: Jack Smith
COMPANY: City of Sanger
FAX NO.: 940/458.4180
DATE: September 4, 1998
FF,pM: H. Louis Nichols
TRANSMITTED BY: Stacy G. Pechtol
14UMBER OF PAGES (Including Cover Sheet): _
COMMENTS:
Mz. Smith - Please see a copy of the Answer to follow
patience.
Stacy
Thank you for your
INFORMATION INTENDED O YDFOR THESUSE OF THE MDIVIDUALEORPENTITY NAMED ABOVErDIFTTHE
RECIPIENT IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIfIED THAT ANY DIST(UBUTION,
t)ISSEMINATION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. It' YOU HAVE RECEIVED
THIS IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY PHONE AND RETURN THE ORIGINAL MESSAGF. TO US AT
THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.
SEP 04 '98 14'20 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404584180 P.02i06
N0.98-50588-367
INDEPENDENT ENVIRONMENTAL § 1N THE DISTRICT COURT
SERVICES, INC §
§ OF DENTON COUNTY, TEXAS
VS. §
CITY OF SANGER, TEXAS § 367TH JUDICIAL DISTRICT
DE]FENDANT'S ORIGINAL. ANSV'VE)Et ANA CROSS -ACTION
FOR DECLARATORY RELIEF
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, the City of Sanger, Texas, Defendant and files this its Original
Answer and Cross -Action in Response to Plaintiff's Original Petition, and would
respectfully show the Court the following.
1. Defendant denies all and singular the allegations contained in Plaintiff's
Original Petition, and puts itself upon the Country and demands strict proof of the same.
2. Defendant denies that the contract relied upon by Plaintiff in its Original
Petition is a valid contract and binding upon the City of Sanger for the following reasons,
to wit:
a. That said contract was entered in to in violation of the Texas Open Meetings
Act, Chapter 551 of the Government Code of the State of Texas, and is voidable for the
reason that the notice of the meeting held on March 6, 1998 was insufficient and did not
comply with the Open Meeting Act rendering the action by the City Council on that date
in approving said contract to be voidable.
b. That the approval of said contract was rescinded by the City Council of the
City of Sanger on June 2, 1998 because the contract was a voidable contract, having been
entered into in violation of the Open Meeting Act, Chapter 551 of the Government Code
of the State of Texas.
c. That the action taken by the City Council on March 6, 1998 approving the
contract between Plaintiff and Defendant was voidable because said contract was not
noted on the Agenda Notice posted prior to said meeting.
DEFENDANT'S ORIGINAi ANSWER AND CROSS -ACTION FOR
DECLARATORY ILirLXEF -Page I
SEP 04 '98 14021 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404584180 P.03/06
3. That the contract between Plaintiff and Defendant, relied upon by the
Plaintiff in its cause of action, was void for the reason that said contract was entered into
in violation of Article XI, Sections 5 and 7 of the Constitution of the State of Texas. Said
contract obligated the City of Sanger within two years after the execution of the contract
to extend its water and sewer lines to a location designated by IESI on the existing
landfill and the City to upgrade and pave Utility Road to the existing landfill, such work
to result in a paved, all-weather roadway designed and constructed to withstand regular
uses by vehicles weighing up to 80,000 pounds. At the time said contract was entered
into by the City, the City did not have on hand current revenues sufficient to retire the
indebtedness for the obligation assumed as it accrued during the current year, and the
contract showed on its face that the obligation was to be performed over a period of two
years, and the City did not have on hand current funds sufficient to retire the indebtedness
nor at the time the City incurred the obligation make provision for levying and collecting
a suitivic:iu Lan tu pay the a teaest uictcvu and Pcvv►ue at least two percetat as a sliming
fund as is required by Article XI, Sections 5 and 7 of the Constitution of the State of
Texas. Such failure of the City to have sufficient current revenues on hand to retire said
debt as it accrued during the current year and not making provision for the levying and
collection of a sufficient tax to pay the interest thereon and establishing a sinking fund
renders said contract void in its entirety.
4. Pleading further herein Defendant says that the action of the Defendant
City Council on June 2, 1998 in rescinding the action taken at the March G, 1998, at a
special called meeting approving the landfill and waste disposal agreement with the
Plaintiff was done in the performance of a governmental function for which the
Defendant claims and is entitled to a governmental immunity.
5. Defendant denies that all conditions precedent have been performed or
have occurred as required by Texas Rules of Civil Procedure 54, in that Plaintiff has
failed to allege facts to show that the provisions of Article XI, Sections 5 and 7 of the
Texas Constitution have been complied with when a debt is incurred by the City.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take
nothing herein, that the Defendant have such relief as it may be entitled to receive, and
Defendant recover all costs incurred.
DEF'ENbANT'S ORIGINAL ANSWIER AND CRO5S-ACTIQN FOR
DECLARATORY RELIEF' -Page 2
SEP 04 '98 14021 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404564180 P.04i06
CROSS -ACTION FOR DECLARATORY RELIEF
Now Comes the City of Sanger, Texas, Cross -Plaintiff, and files this action for
declaratory relief against the Cross -Defendant, Independent Environmental Services, Inc.,
and for cause of action for declaratory relief would respectfully show the court the
following:
1, Both parties are before the court for alI purposes, and service of citation on
Cross -Defendant is not required.
2. Defendant adopts all allegations contained in the foregoing Answer, which
are made a part hereof as if fully copied herein.
3. Cross -Plaintiff says that a bona fide dispute exists between the Cross -
Plaintiff and Cross -Defendant regarding the validity or enforceability of that certain
contract entered into by Cross -Plaintiff and Cross -Defendant dated March 12, 1998, and
Cross -Plaintiff asks the Court to make its finding and declaration that said contract is
void and unenforceable for the following reasons, to wit:
(a) That said contract was entered into in violation of Chapter 551 of the
Government Code of the State of Texas, the Open Meetings Act, in that proper notice
was not given of the proposed contract at the hearing of the City Council held on March
6, 1.998, in that said proposed contract was not listed as a subject to be considered at the
said meeting, rendering said contract voidable in its entirety.
(b) That said contract was void because it was entered into in violation of Article
XI, Sections 5 and 7 of the Constitution of the State of Texas in that the obligations of the
City under said contract were not payable out of current revenues for the current year of
the contract, nor did the City make provision for levying a tax in an amount sufficient to
pay the interest and establish a sinking fund as required by Article XI, Sections 5 and 7 of
the Constitution of the State of Texas.
4. Plaintiff would further show the Court that it was necessary that it hire an
attorney to represent it in this proceeding and that it is entitled to recover reasonable and
necessary attorney's fees, under Section 37.009 of the Civil Practice and Remedies Code
of the State of Texas.
WHEREFORE, PREMISES CONSIDERED, Cross -Plaintiff prays that this Court
enter judgment for the Cross -Plaintiff as follows, to wit:
DEFENDANT'S ORIGINAL ANSWER AND CROSS -ACTION FOR
DECLARATORY RELIEF -Page 3
F.Z•ZfP
SEP 04 '98 14*21 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404584160 P.05/06
1. Finding and declaring that the action of the City Council of the City of
Sanger on June 2, 1998 in rescinding the contract between the City of Sanger and
Independent Enviromnental Services, Inc. was a valid and legal action of the City
Council of the City of Sanger;
2. That the finding and declaring that the landfill and disposal waste
Agreement entered into between Cross -Plaintiff and Cross -Defendant, dated March 12,
1998 is void and unenforceable in its entirety;
3. That the Cross-Plainuff, City of Sanger, recover its costs and reasonable
attorney's fees; and
4 That the Cross -Plaintiff have such other and further relief to which it may
be justly entitled.
Respectfully submitted,
NICHOLS, JACKSON, DILLARD
HAGER & SMITH, L.L.P.
By:
H. Louis Nichols
State Bar Card No. 14995000
(HLN/sb)
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 965-9900
FAX 965-0010
ATTORNEYS FOR CITY OF
SANGER, TEXAS, DEFENDANT
AND CROSS -PLAINTIFF
DY;FENDANT'S ORIGINAL ANSWRR AND CROSS -ACTION FOR
DECLAitATORY RELIEF - PagQ 4
SEP 04 198 14*21 FIR NICHOLS JCKSON DLLRD 214 965 0010 TO 19404584180 P.06i06
CERTIFICATE OF SERVICE
This is to certify that a copy of Defendant's Original Answer and Cross -Action
for Declaratory Relief has been forwarded by certified mail return receipt requested to
Dee J. Kelly, Kelly, Han and Hallman, P.C., 201 Main Street, Suite 2500, Ft. Worth,
Texas 76102 on the day of September, 1998.
H. Louis Nichols
DEFENDANT'S ORIG)(NAL ANSWER AND CROSS-ACT10N FOR
DEC[.ARATORX RELIEF -Page 5
** TOTAL PAGE.06 **