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08/03/1998-CC-Agenda Packet-Regular
AGENDA CITY COUNCIL MONDAY, AUGUST 3, 1998 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Discuss and Possible Action to Fill Mayor's Position. 3. Swear In of Mayor. 4. Discuss and Possible Action to Fill Councilman's Position. 5. Swear In of Councilman. CONSENT AGENDA 6. a) Approve Minutes: May 20,1998 Workshop - May 26,1998 Special Called Meeting, June 2, 1998, June 6, 1998 Special Called Meeting, June 15,1998, June 22, 1998, June 27, 1998 Special Called Meeting, July 6, 1998, July 20, 1998 City Council Meeting. b) Disbursement s 7. Citizen's Input. 8. Conduct Public Hearing to Consider Replat of a Portion of Tract 52 and Tract 56, Henry Tierwester Survey, Abstract 1241, now known as Kwik Kar Addition. 9. Consider and Possible Action Regarding Replat of a Portion of Tract 52 and Tract 56, Henry Tierwester Survey, Abstract 1241, now known as Kwik Kar Addition. 10. Consider and Possible Action on Preliminary/Final Plat, Phase 1, Sable Development. 11. Consider and Possible Action to Approve Resolution Submitted by Citizen. 12. Consider and Possible Action Regarding Sanger Cementary. 13. Consider and Possible Action on Appointments to all the Boards. 14. Cosider and Possible Action on Awarding Bid on Sanitary Sewer Improvements, South Stemmons Line. 15. EXECUTIVE SESSION: In accordance with Chapter 551, Govt. Code, Vernon's Texas Codes Annotated (Open Meetings Law), Section 55LUF/4, Personnel Matters. a). Electric Superintendent 16. RECONVENE into Regular Session and Consider Action, If Any, on Items Discussed in Executive Session. 17. 18. Any Other Such Matters. Adjourn. rlit;tfft3CN 1�t;;j fiV s n o- e ,@ Rosalie Chavez, City d Time Posted '-Q'-1 MEMO **** July 30, 1998 TO: Mayor and City Council FR: Rosalie Chavez, City Secretary RE: Minutes -------------------------------------------------------------------------------------------------------------------- The Minutes for the Meetings, with the exception of the July 6th Meeting and the July 20th Meeting, were included in the last City Council Packet. MINUTES: City Council July 6, 1998 PRESENT: Mayor Pro-Tem Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Glenn Ervin, Councilman Jerry Jenkins OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, Woodrow L. Barton, W.F. Fuller, Caroline McSween, C.E. McSween, Cecelia McCuistion, Joe Higgs, Nel Armstrong, Bev Branch, Glum Lanier, John Bucklew, Ralph Cain, Cheryl Nordie, Butch Langley, C.G. McNeill, a r• _7_ _ _� T__._�.L .. TT.. Jeff Nordie, Diiana Iviosiey, Wayne iviosiey, iuciiaru 11C1-fYUVL-i-y, nCviii Murphy, Wanda Ervin, D.L. Bowles, Sandra Bowles, Shelley Ruland, Rick Carter, Kenneth Cornell, Andrew Foote, Linda Hewlett, Jayne Asheraft, Jane Valentine, Stephanie Wills, Joey Copeland, Nim Ashley, Earl Ross, Brad Martin, Pinky Jones, Diana Cruz, Thomas Muir, Tracy Martin, John Kirby, Rick Fuller, Mike Richie 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Meeting was called to order by Mayor Pro-Tem Tommy Kincaid, he lead Invocation and Pledge of Allegiance. CONSENT AGENDA 2. a) Disbursements Motion made by Councilman Jenkins to approve all items on consent agenda. Seconded by Councilman Ervin. Motion Carried Unanimously. 3. Citizens Input. a) John Bucklew, 124 Freese Dr. -addressed City Council, and gave appreciation and thanks to the Council for pulling out of contract with IESI. He indicated he did not think the City should accept IESI'S offer to buy the landfill, and the people were willing to work with the Council. He spoke in favor of a tax increase for the City, and implementing projects to help Sanger grow, he offered to help in any way. Mr. Bucklew gave examples of how much revenue a tax increase would bring to the City, and indicated there were different groups in town working together to help the council. One group was looking at possible annexations. He indicated there was momentum in Sanger and that it should be taken advantage of. f CC MINUTES PAGE 2 b) Nel Armstrong, City Representative for Upper Trinity Water District, indicated that Tom Taylor was at the meeting and would like to speak. Tom Taylor with Upper Trinity, indicated he was bringing positive news. Sometime this week, probably Thursday, they would be turning on a new source of water for Sanger. He indicated a City with two water sources was a blessed City, and they would grow with Sanger to meet the future needs. They will need staff to set how much water is needed at any given time and the maximum number of gallons the City would expect. He indicated the District was also entering into a regional study with other cities to address solid waste needs in the future. He indicated they had come to Dentows aide in terms of adequate water supply. Tur. iayiur indicated they need a sense of direction in order to finalize negotiations and ways to share costs in reference to Bolivar Water Supply. He spoke of a sharing arrangement to take present water and utilize it, and indicated there needed to be a little more flexibility on the part of the City to allow him to come back at a later date with negotiations. They were trying to find a well balanced proposal and common solution for everyone's needs in the future. He then asked for comments from the council. Councilman Jenkins indicated lack of flexibility on the part of Upper Trinity is what created the situation, that Sanger had to be locked into a long term commitment. Councilman Kincaid indicated that he agreed with Councilman Jenkins. c) Woodrow Barton, 807 North 7th St. -addressed the board concerning the importance of the land immediately North of Sanger. He suggested Sanger keep this land and zone it Parks and Recreation, prepare it for the future growth and ballparks. City Council should pass a resolution opposing any landfill in the area. He spoke of Mr. Flood's intentions to pursue the landfill. He spoke of the City's 1987 Comprehensive Plan. Carolyn McSween, 2075 Hiding Rd. -addressed the issue of a landfill, and indicated that any property near a landfill would not be desirable. She indicated that Sanger needed commercial land to expand the taxbase, but she felt a landfill would do the opposite. She spoke of Mr. Flood's offer to purchase the 25 acres for two million dollars, and indicated she felt the people of Sanger would pay a few extra dollars in taxes to supplement that income. If Mr. Flood's offer is accepted, she felt the City of Sanger will become a dead community. She indicated that Sanger must be sure any new business is an asset, and not a liability to the city. 4. Conduct Public Hearing to Consider Preliminary Plat for Ridgecrest North Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 10.08 acres situated in the R. Bebee Survey, Abstract No. 29. CC MINUTES PAGE 3 Public Hearing opened. No response. Public Hearing closed. 5. Consider and Possible Action Regarding Preliminary Plat for Ridgecrest North Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 10.08 acres situated in the R. Bebee Survey, Abstract No. 29. Kevin Murphy, developer for Ridgecrest North, and Lakecrest Meadows, indicated that there were exactly the same Preliminary deed restrictions on both properties. Mayor Pro-Tem indicated the property was off of Union Hill. Mr. Murphy indicated he was adding eight lots. Councilman Jenkins indicated the City could enforce subdivision ordinance within ETJ, and he had no problems with the presentation. Discussion followed and Mayor Pro-Tem indicated that the Planning and Zoning did not meet on the scheduled night to review Preliminaries, and by recommendation of the City Attorney a variance in a Preliminary Plat could be approved by City Council. Motion made by Councilman Jenkins, to approve a variance in a Preliminary Plat for Ridgecrest North Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 10.08 acres situated in the R. Bebee Survey, Abstract No. 29. Seconded by Councilman James. Motion Carried. 6. Conduct Public Hearing to Consider Preliminary Plat for Lakecrest Meadow Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 12.82 acres situated in the R. Bebee Survey, Abstract No. 29. Public Hearing opened. No response. Fublic Hearing closed. CC MINUTES PAGE 4 7. Consider and Possible Action Regarding Preliminary Plat for Lakecrest Meadow Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 12.82 acres situated in the R. Bebee Survey, Abstract No. 29. Motion made by Councilman James, for variance only on Preliminary Plat for Lakecrest Meadow Phase II -A, Lots 1 - 4 Block B, and Lots 1 - 4 Block C, being 12.82 acres situated in the R. Bebee Survey, Abstract No. 29. 8. Conduct Public Hearing to Consider a Zoning Change Request from Agricultural to I-1 on property legally described as Abstract 71A Burleson, Tract 1, Acres 0.300, and Abstract 940A McKinney & Williams, Tract 23, Acres 4.5 73, located on Cowling Road. Public Hearing opened. Jeff Nordi, 2748 Marion Rd. -inquired as to why they would change zoning from agricultural to industrial. Mr. Kincaid indicated it would be to accommodate a storage facility. Nim Ashley, 3201 Old North Road, Denton -addressed council as to the zoning request and the questions it raised. Councilman Jenkins indicated questions and concerns were raised as to why this type of zoning was done in a residential area. He apologized for the two week delay and the inconvenience. He indicated it did fall into required zoning, and asked if it was going to be painted metal. Mr. Ashley indicated that it was going to be painted metal, and it was a two color scheme. Public Hearing closed. 9. Consider and Possible Action Regarding a Zoning Change Request from Agricultural to I-1 on property legally described as Abstract 71A Burleson, Tract 1, Acres 0.300, and Abstract 940A McKinney & Williams, Tract 2B, Acres 4.573, located on Cowling Road. No response by Citizens Motion made by Councilman Jenkins, to grant Zoning Change Request from Agricultural to I-1 on property legally described as Abstract 71A Burleson, Tract 1, Acres 0.300, and Abstract 940A McKinney & Williams, Tract 2B, Acres 4.573, CC MINUTES PAGE 5 located on Cowling Road. Seconded by Councilman Ervin. Motion Carried. 10. Consider and Possible Action to Solicit Bids for loth Street Project. Jeff Morris, Electric Superintendent, spoke of the loth Street project, he indicated he had the qualified staff at a previous time, but now he did not, his people were new hires, and not yet qualified to handle this "hotwork". He felt it would be best to contract out for bids, until they could get their people to the caliber they need to be. He explained the process of the work that needed to be done at an estimated cost of $15,000 to $20,000. Councilman Ervin asked what the purpose was for putting it overhead instead of underground. Mr. Morris indicated putting it overhead was half the cost of putting it underground. The underground wire was too small, and just at the North end the cost was approximately one hundred thousand dollars. Councilman Jenkins inquired as to whether or not there were funds available to ask the City of Denton, or Denton oServe to come help. Mr. Norris indicated that the City of Denton was too busy, and they did not want CoServe to be involved. City Administrator, Jack Smith, indicated they were asking council to allow solicitation of bids, not necessarily approval of bids. Motion was made by Councilman Jenkins, to authorize solicitation of bids for the loth Street Project. Seconded by Councilman James. Motion Carried. 11. Consider and Possible Action Regarding Request from Chamber of Commerce to block Sth Street from Bolivar to Elm on September 11, 1998 for Annual Heritage Sellabration. Richard Derryberry, a representative for the Chamber of Commerce, indicated CWIM JMloWSAT PAGE 6 they were trying to make the Sellabration bigger and better, and blocking 5th Street would give them more space, and he felt it would help in regards to safety as well. He spoke with the Highway Department in Denton and they have no problem with it as long as the City will police the traffic flow. Discussion Motion was made by Councilman Jenkins, to grant variance request from Chamber of Commerce to block 5th Street from Bolivar to Elm on September 11, 1998 for Annual Heritage Sellabration. Seconded by Councilman James. Motion Carried. Councilman Ervin voted No. 12. Consider and Possible Action to Withdraw Texas Capital Fund Application. Motion was made by Councilman Ervin to Withdraw Texas Capital Fund Application. Seconded by Councilman Jenkins. Motion Carried. 13. Any Other Such Matters. Councilman Jenkins referred to a letter in his packet under non -agenda items. The letter was written to TNRCC, he asked what it was in reference to. Eddie Branham indicated it was in reference to the problem with the sewer over spills. Councilman Jenkins asked Mr. Branham to comment on the story aired last week on Channel 4. Mr. Branham stated that Channel 4 had aired last week, that the water in the area surrounding Sanger needed to be boiled. He stated that Texas Water Utilities were having problems with their water but there were no problems with Sanger water. Councilman Jenkins thanked the Chamber of Commerce for the fireworks display CC MINUTES PAGE 7 at the Marina, and asked Benny Erwin if they had any problems with fireworks in the City. Mr. Erwin indicated that he had only received two complaints. 14. Meeting Adjourned. MINUTES: City Council July 20, 1998 PRESENT: Councilwoman Alice Madden, Councilman Mike James, Councilman Glenn Ervin, Councilman Jerry Jenkins ABSENT: Mayor Pro-Tem Tommy Kincaid OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, Linda Paatt, Woodrow Barton, C. G. McNeill, John Bucklew, Doris Garner, Robert Garner, Shelly Ruland, Frank Rodgers, Ken Cornell, Joe Falls, Patty Falls, Dilana Moseley, Wayne Moseley, Ed Farmer, Doug Johnson, Vickie .TPnkinc. Wanda Ervin. Thomas Holland. Joe Hies. Bev Branch, Julia Beavers, Brad Martin, Beverly Drake, Dennis Wozniak, Diana Cruz, Joey Copeland, Andrew Foote, Rick Fuller, Frank Ballard 1. Call Meeting to Order, Invocation and Pledge of Allegiance. Councilwoman Madden led Invocation, Councilman Ervin followed with the Pledge of Allegiance. 2. Consent Agenda a. Minutes: May 20,1998 Workshop - May 26, 1998 Special Called Meeting, June 2, 1998 - June 6, 1998 Special Called Meeting June 15, 1998, June 22, 1998 and June 27, 1998 Special Called Meeting b. Disbursements Motion was made by Councilwoman Madden to approve consent agenda with exception of minutes. Seconded by Councilman Ervin. One of the members mentioned that there was a mistake on the May 20th minutes on page 22, that Lite motion was seconded by Councilman Ervin. Motion Carried 3. Citizens Input. Woodrow Barton addressed Council and indicated that on May 26th that five hundred and forty five citizens of Sanger, and five hundred and eighty two citizens surrounding the Sanger area had signed petitions that were submitted to the City asking the City of Sanger to join in opposition of the landfill. On June 2nd, the Council rescinded the contract with IESI, on June 8, the Council rescinded the committee to study the contract. Mr. Barton indicated that the next step was the passing a Resolution in opposition of the landfill. He urged the council to pass the Resolution, and added that if someone was holding the Council or the citizens hostage, with threat of a lawsuit, the citizens would like to know. CC MINUTES PAGE 2 4. Conduct Public Hearing on Replat of Tract 52 and Tract 56, H. Tierwester, Abstract 1241 now known as Foodmaker Addition. Public Hearing Opened. Dennis Wozniak, MO Bent Branch, Irving, Construction Manager for Jack in the Box Two addressed Mark Hill's letter and indicated they had responded to all items, and provided copies of all necessary items to satisfy engineering requirements. Public Hearing Closed. 5. Consider and Possible Action on Replat of Tract 52 and Tract 561 H. Tierwester Ahetrart IVIAI now knownA&AK ac Foodmaker Addition. Councilman Jenkins indicated there were a few items not completed, per a fax received by Jack Smith. Mr. Wozniak indicated the had closed escrow on the property and documents had one in for recordation, so they did not physically have that item available. He requested they approve the Replat contingent on submittal of those documents the following day. Motion made by Councilman James to approve Replat of Tract 52 and Tract 56, H. Tierwester Abstract 1241 now known as Foodmaker Addition contingent on submittal of all final documents. Seconded by Councilwoman Madden. Motion carried. 6. Conduct Public Hearing on Grant Application to the Texas Parks and Wildlife. Kim Lacey addressed City Council and indicated this was the final step, before submitting grant application to Texas Parks &Wildlife. The application must be submitted by July 31st. She indicated Julia Beavers was there to answer any questions. Julia Beavers indicated they had some fields that were built by citizens, donations, and city crew. She indicated it would be wheelchair accessible, have fitness stations, small playground, Tennis and Basketball courts, and other sport facilities. She indicated they were accepting donations throughout the 6 month process. Discussion. Ms. Lacy indicated they would start after the grant is approved. Councilman James asked if six hundred and fifty thousand dollars would complete the project. CC MINUTES PAGE 3 Discussion. Public Hearing Closed. 7. Consider and Possible Action to Approve Resolution 1%07-98 Supporting the submittal of grant application to Texas Parks and Wildlife Department for Railroad Park. Motion made by Councilwoman Madden to Approve Resolution R07-98 Supporting the submittal of grant application to Texas Parks and Wildlife Department for Railroad Park. Seconded by Councilman Ervin. V A RESOLUTION OF THE CITY OF SANGER, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM". CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE, CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE, AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. Motion Carried. 8. Consider and Possible Action to Approve Resolution R08-98 Amending City's Comprehensive Plan. Ms. Lacey indicated that the Parks &Wildlife Department wanted the City to submit a plan showing that the items they were requesting funds for, were of highest priority. She indicated the plan was 98% complete, and they needed more information from the City and the Chamber of Commerce. Motion was made by Councilman James to Approve Resolution 1108-98 Amending City's Comprehensive Plan, contingent upon receiving final documents from Austin. Seconded by Councilwoman Madden. Councilman Jenkins read the Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, APPROVING THE AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN. WHEREAS, the City of Sanger has made numerous improvements to parks throughout the community, and CC MINUTES PAGE 4 WHEREAS, the City of Sanger wishes to continue to improve all of it's parks; and WHEREAS, the City of Sanger wishes to update it's comprehensive plan to include proposed projects for the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, that: The city of Sanger's Comprehensive Plan is amended to include the attached information. Motion Carried. 9. Consider and Possible Action Regarding Request from Chamber of Commerce for Annual Sellabration: a) Closing Bolivar Street from 5th Street to 2nd Street b) Hanging Banners c) Police Protection Vickie Jenkins 2507 Chippewa, and Frank Bauler 7303 Rector Rd. Ms. Jenkins wanted to discuss the 20th Annual "Sellabration", and indicated it was the major fund raiser for the Chamber, and it also brought visitors to the community. She indicated they needed volunteers to help with clean up. The Chamber had submitted a request to close 5th street to the state. They are requesting to close Bolivar Street from 2nd to 5th, and would like to close the road Friday, September 11th at 5*00 till Saturday September 12th, approximately 6:00. Ms. Jenkins indicated they would have volunteers to help with security, but would We to ask for a little extra police protection. Ms. Jenkins asked to use the Old Presbyterian Church for an Antique Show/Sale. Frank Bauler indicated he would like the City's help with hanging signs. He indicated he wanted one sign hung on 5th Street between Willow and the square, another sign hung on 455 between 5th Street and ImM, and the third banner to be hung in a place visible from I-35. Councilman Ervin questioned whether the Presbyterian Church was safe. He indicated the Fire Marshall had recommended not to have many people inside. Someone indicated they would fix the floor. Motion made by Councilman James to support Chamber's requests. Seconded by Councilwoman Madden. 10. Consider and Possible Action on Sanger Police Dept. being Responsible for Cemetery being secured at night. rn CC MINUTES PAGE 5 Mr. Smith addressed a letter from the City Attorney's office to one of the city's previous City Managers. The letter was in reference to securing the cemetery that is not owned by the City, but owned by the Cemetery Association. The attorney's suggestion was to notify the Cemetery Association that the City was prohibited by law to comply with the request of securing their cemetery. Mr. Smith indicated that municipality could not give away a service, and that would constitute giving away a service. One of the Council members indicated the Cemetery Association should not ask the city to secure their cemetery, unless they are willing to pay for it, they should do it themselves. It is in the best interest of the community for the City not to be involved. Councilwoman Madden indicated it was best to follow the advise of the City's Attorney. Councilman Ervin indicated he agreed with Councilwoman Madden, and it could be a big liability for the City. They will return any keys back where they need to go. 11. Consider and Possible Action to Approve Resolution submitted by Citizen. Councilman Jenkins indicated Council had spoken with the citizen who submitted the Resolution, and asked if they could wait till the August 3 rd meeting, when a full Council will be seated. At that time the Resolution will be on the Agenda. Motion made by Councilman Ervin to reschedule Agenda Item #11. Seconded by Councilman James. Motion Carried. 12. Consider and Possible Action to Authorize City Administrator and City Secretary to Execute Certificate Upper Trinity Water District. Mr. Smith explained the agreement with Upper Trinity Water District. Discussion, Councilman Jenkins indicated that the title on the certificate for Jack Smith needed to be changed from "City Manager" to "City Administrator" Motion made by Councilman James. Seconded by Councilwoman Madden. Motion Carried. CC MINUTES PAGE 6 13. Any Other Such Matters. Councilman Ervin indicated on the next agenda they should appoint all boards that are vacant, he indicated council needed to move forward. He asked if a workshop could be set up before the next Council meeting to discuss several items. Councilman Ervin went to a workshop in College Station and brought back tapes and a video on City Councils. They will review these. Eddie Branham gave status of storage tank, he put 24,000 gallons of water in the take for disinfection purposes. He indicated they should be on line by Monday. Discussion on water rationing. Andrew Foote asked how the process would go for appointing Council. Councilman Jenkins indicated a motion would be made to appoint the Mayor position, and then to appoint a council member if the position of Mayor is filled by a Council member. Discussion on how long appointed positions will last. Citizen had a question about water and storage. Mr. Branham indicated it was processed, treated water. More discussion on water rationing. Councilman Ervin asked how sewer and electric line bids were doing. Sewer line bids had been sent out on the 15th, and were expected back in two weeks. There were no bids on electric. Diana Cruz thanked the Council for putting the Resolution in the Agenda, and indicated she was more afraid than most, because of building a new business, with a possible landfill behind it. More discussion on water rationing. 14. Meeting Adjourned. LU i 1--i ... p t(r'n .�y a UNIJ ADJ HI IRA UN° UUi...i:� . v..E .UI t t 3 }try ,'t ^ k ',it✓ C V, P U 91 1...,3e 9LtJ�. tt.. tj k: ,... . z' i IN a t.C'L 1_J r'.,s,,_ .art ,v_. .,.Lt 1 {{ Sa i f ; t F ( ._'it `— .1 Lei Y ,.....Le _. G—t: ih4.tr €_._ra .:t rF..l. t;,„, Un t _. e lit, S e rt mr F4F:.f 1"4 t{ 1.:._ _ .F it ..:7 E'.t'Y JtS N n 4.. t?F l:.�n Lee K te �'. €:1L A CC uiliICEill L ts!_ 4'.+'.i nii. LLW i i:J :L..€� .t .�.__.. lee it1 lt "i !.} ell .. ell �' .t.f �-fP ti"r ,:s DLeui _ei t :�F 1. 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F ta4_E: . f`i? # _L._t_}.: wYi POP_._w Ul, E.?a a_ : _.., wit-_ _el _ _ t P, POP POP I LOP E L.J � ,Ui r:i.lzr,,,u7. wlkCt.: JC: Pj,v. _. ___[Y ,. .. f`I FI 1. rr f r L .,t •.;. tt } _iiP�F ( � t�} "r 43F'F [ t 3,11?�_w. F •.. � �. ) j 1'� Ck 4! >!�'.'t;,j :: _.E�' i"-3 ae t L_ ILrl ;^tad r'%i„I r�'ett V.�"t _._ _... s,�_.L�<' ffL�:�_• t + i _ I .Li J _ .Lfi f. _..� v s r�� 7 itfi'�nCt -31: Lk2L r . . f r . .® .: eu.� f LUI Ile lef ell elf lei xzeyll et ll llf 11 ti E2 _, **** MEMO **** July 30, 1998 TO: Mayor and City Council FR: Rosalie Chavez, City Secretary RE: Items #8, #9, and #10 -------------------------------------------------------------------------------------------------------------------- Considering these Items, the Planning and Zoning Commission will meet on Thursday, July 30, 1998. Staff will have the recommendation to City Council by Monday. ■` HUNTER ASSOCIATES TEXAS, LTD. ■ ENGINEERS/PLANNERS/SURVEYORS 8140 WALNUT HILL LANE • ONE GLEN IAKES • SUITE 500 • DALLAS. TEXAS 75231.4350.214/389.9171 • FAX 2141696*3795 1100 CLAYTON LANE • SUITE 410E • AUSTIN, TEXAS 78723.1 * 5121454.8716 • FAX 512/454.2433 July 15, 1998 Ms. Rosalie Chavez City of Sanger PO Box 578 Sanger, Texas 76266-0578 RE: Kwik Kar Addition U.331 Acres, Lot 11 Block A Sanger, Texas Dear Ms. Chavez: We have received a copy of a Replat prepared by Peiser Surveying Co., Inc. of the above referenced development dated July 6, 1998. Our comments are as follows: 1. All fees should be paid in accordance with the various City ordinances and/or policies. 3. The property is located on the north side of F.M. 455 west of I.H. 35. 4. All replats require a Public Hearing. 5. The replat must be filed with the Denton County Clerk. A copy of the filed replat should be sent to the City of Sanger. 7. Set iron rods should be noted on the drawing as well as the metes and bounds description. 8. Water, Sewer and Drainage plans for the property should be submitted for review and approval by the City. This concludes our review of the data submitted on the above referenced project. Should you have any questions, or require additional information, please feel &ee to contact us. Sincerely, HUNTER ASSOCIATE)S/TEXAS, LTD. Mark D. Hill, P.E. Vice President cc: John W. Porter, Owner�-- Hugh UZI JUN cn lip �i rq i iRia Ix ,. r �a J� ELM STREET BULIVER Sif ' hl 1.__r '1T• CERPt r�alE vrEN By THESE PRESENTS �, W HAMMER, REGISlfRfO PROFESSIONAL LAND SURVEYOR, DO HEREBY ,AI I PREPARED THIS PUi FROM AN ACTUAL ANO ACCURATE SURVEY OF THE lH4l THE IRON PINS SHOWN lHERCON WCRf PUCfD UNDER MY' PERSONAL tl iN AC CORDANCf WITN THE ORDINANCES OF BANGER, TEXAS. ,aALMER, RP.LS /i849 DATE 41 PUIN SHOWN HEREON IS A GRAPHIC REPRESENUTION OF THE FIR. MAP, THE PROPERTY IS SHOWN TO BE WITHIN LONE " x ", AREAS DETERMINED TO 0.tiY YEAR ANU 500 TERN FLCXJD PUIN AS SHOWN BY f,LR.M. MAP . vANEI NUMBER 48 iZ i00070 E. DAlEO APRIt 2, 1997. .`.uEL' FOR APPROVAL FUNNING AND ZONING COMMISSION +NJ ACCEPICD u of BANGER STATE OF TEXAS xx COUNTY OF DENTON XX WHEREAS I, OONALD E. SABLE, AAM THE OWNER OF A 2.000 ACPE TRACT OF UND LYING AND BEING SITUATED IN THE REUBEN BEBEE SURVEY, ABSTRACT NUMBER 29, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 38.886 ACRE TRACT DESCRIBED IN A DEED TO POSITIVE ACTION TOOL CO., INC., RECORDED IN VOLUME 1123, PAGE 460, DEED RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING A PART OF A TRACT DESCRIBED IN A DEED TO DONALD E. SABLE, RECORDED UNDER COUNTY CLERKS FILE NUMBER 96- R0004996, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID CALLED 38.888 ACRE TRACT, SAID PIN BEING ON THE EAST RIGHT-OF-WAY UNE OF IH-35 (A VARIABLE WIDITH RIGHT—OF—WAY); THENCE SOUTH 88 DECREES 22 MINUTES 29 SECONDS FAST, WITH THE NORTH UNE OF SAID 38.886 ACRE TRACT AND SND RIGHT-OF-WAY A DISTANCE OF 30.29 FEET TO A H INCH IRON PIN. SET WITH A YELLOW PLASTIC CAP STAMPED H h N 1849; I 1 `. AROUND A HVnTi,iiGcHT I.VRVE IILNI.t, GimllHiiiiw All >AIY niGnl-Uf-'YIAI, TO THE RIGHT HAVING A CENTRAL ANGLE OF 57 DECREES 06 MINUTES 26 SECONDS, A RADIUS OF 226,60 FEET, AND ARC LENGTH OF 225.85 FEET, AND A CHORD WHICH BEARS NORTH 33 DEGREES 08 MINUTES 32 SECONDS EAST, A DISTANCE OF 216,62 FEET TO A H INCH IRON PIN SET WITH A YELLOW PlASi1C CAP STAMPED H h N 1849; THENCE, CONTINUING WITH SAID RIGHT-OF-WAY, AROUND A CURVE TO THE LEFT HAVNG A CENTRAL ANGLE OF 19 DECREES 07 MINUTES 30 SECONDS, A RADIUS OF 346,60 FEET, AND ARC LENGTH OF 115,69 FEET, AND A CHORD WHICH BEARS NORTH 52 DEGREES 08 MINUTES 08 SECONDS EAST, A DISTANCE OF 115.16 FEET TO A Yt INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H h N 1849; THENCE SOUTH OT DEGREE 41 MINUTES 45 SECONDS WEST, A DISTANCE OF 487.90 FEET TO A Yt INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H & N 1849; THENCE NORTH 88 DEGREES 22 MINUTES 29 SECONDS WEST, A DISTANCE OF 232.08 FEET TO A ye INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H 8 N 1849, SAID PIN BEING ON THE WEST LINE OF SAID CALLED 38.886 ACRE TRACT, SAID PIN ALSO BEING ON THE EAST RIGHT—OF—WAY LINE OF IH-35; THENCE NORTH 01 DECREE 41 MINUTES 45 SECONDS EAST, WITH SND WEST UNE AND SAID RIGHT—OF—WAY, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING AND COMAININC IN ALL 2.000 ACRE OF LAND. OWNER'S CfRDFICATE NGw THEREFORE KNOW THESE MEN BY THESE PRESENTS: THAT, h pOiJA10 E. SABLE DO HEREBY ADOPT IH/S PUT OESIGNAhNo THE HEREIN DESCRIBED PROPERTY AS L07 i. BLOCK I, OF SABLE BUISNESS PAHn nlAt TO THE Citt OF BANGER, DENTON COUNTY, TEXAS, AND DO HER DEDICATE i0 Inf PUBui USE FOREVER, THE STREET RGHT—OF—WAYS AND EASEMENTS AS SHOWN HEREON DONALD f. SABLE DALE STATE OF TEXAS XX COUNTY OF DfNTON XX BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR SAID COl1Nh ANU S!A!E rN froS ACKNOWLEDGED DAY PERSONALLY APPEARED DONALD SABLE KNUwN 10 ME t0 HE THE PERSON WHOSE NAME IS SUBSCRIBED !Li THE FOREGOING INSTRUMENT. AND TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSE aNU CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED, GNEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF oarE------------- NOTARY PUBLIC, STATE OF TEXAS DALE ----- >n.NEU, THE Clh SECREURr OF NlE' CITY OF BANGER, TEXAS, HEREBY ,n,+f !NE FOREGOING FINAL PUf OF 10! 1. BLOLa i, SABLE BUSINESS PARK +N ADDITION TO THE Or) OF BANGER, TEXAS, WAS SUBMIREO 10 THE CITY COUNCIL _AAI OF _______-- _ t998; AND THE COUNCIL, FORMAL ACDON, THEN AND . FPTED THE OED/CANON Of STREETS, ALLEYS, PARKS, EASEMENTS, PUBLIC PUCES VJO SEWER LINES SHOWN AND SET FORTH IN AND UPON SAID PUT, AND SAID .0NIHER AUTHORIZED FOR MAYOR TO NOTE THE ACCEPTANCE THEREOF BY SIGNING �. AAIE AS HEREINABOVE SUBSCRIBED tl, HAND THIS OF ............____AD., 1998. +NvfR, TEXAS PRINTED NAMF U( NOfAFI MY COMMISSION EXPIRES' ... _....__ FINAL PLAT OF GOT 1, BLOCK 1, Ofl' SABLE RCIISNESS F ARK rulpiolf;' CITY OF BANGER, DENTON i COUNTY, TYWAr ) p, fw �T Rs� sNAESH I NCKORYI DENTONI TEXAS 76201 SHEET 1 a I Q POIN 0 Cr) BEGI NIM I V I uI Q v lY I ILJJ v 1 Lu W r� � I � I EOUN IRON PIN O O O M N w IVE N 0 b 0 Z W o V 0 Z 1 REFERENCE LINE: BEARINGS ON PLAT ARE BASED ON THE WEST RIGHT OF WAY LINE OF THE ATCHISON-TOPEKA AND SANTA FE RAILROAD S 03.04'32" E. N ORNE ®TELEPHONE MANHOLE 1)ATF I REVISIONS R=346.60, L=115.69 CH =N 52008100" E 115.16 SET 1/2' IRON IN A =57•n6'26" R =226.60 L=225.85 CH =N 33'08'32" E 216.62 SET I/2" RON IN O OY DONALD E. SABLE � CC# 96-R0004996RPR a a a w� J � CO � a v¢i O l.i O O W � Q � Z O O � � V V SET 1/2' S::ct. IRON PIN _ _ KNOW (CAVED S 89'53038" E) t NA• C EF.t LA.Ji'. SUFEF, LOT 1 3 l;ART ;. BL 0CK 1 THE F t FROM ' 2.0 0 A CRE'S B�M� O VI RECOW POSITIVE ACTION TOOL CO., INC. CHAIRM VOL. 1123 PG, 460 OR, APPW�: MAYOF THE UT. CERTO n PHASE ON __ THERE AND I5: COUNL WITNE�' N 88'22'29" W 232.08 ✓' 1N� SET 1/2" ColepO51`N A LICIT1%23 PG 460 OR IRON PIN CITY SF CRY n DWN. SCALE MAL � " = 40 • �f s i�+j� :HRrs CKD. DATE J ENS 8Y: 07/0.9/.98 223 w. 900-387 0506 i%� RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, TO -WIT: WHEREAS, the importance of the City of Sanger's growth to the north is recognized by the City Council of the City of Sanger, Texas; and, WHEREAS, the City of Sanger, someday, may want to annex the land north of the current City limits; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That the City Council of the City of Sanger opposes a landfill on the land north of the City bounded by I.35 on the west, Lois Road on the North, Marion Road on the East, and F.M. 455 on the south. PASSED, APPROVED AND ADOPTED this 3rd day of August, 1998. Mayor Pro-Tem ATTEST: Rosalie Chavez, City Secretary NICHOLS, JACKSON, DILLARD, HA ER & SMITH, L.L.P. Attorneys & Counselors at Law LAWRENCE W. JACKSON 1800 Lincoln Plaza JOHN F. ROEHM III ROBERT L. DILLARD III 500 North Akard JENNIFER R. DIETZE ROBERT E. HAGER Dallas, Texas 75201 JASON C. MARSHALL PETER G. SMITH 965-9900 DAVID M. BERMAN (214 ) ROBERT L. DILLARD, JR. BRUCE A. STOCKARD Fax (214) 965-0010 H. LOUIS NICHOLS OF COUNSEL January 95 1997 Mr. Larry Keesler, City Manager City of Sanger P.O. Box 578 Sanger Texas 762tiA Re: Police Locking Gates to Cemetery Dear Mr. Keesler: This letter is written to confirm our telephone conversation this date regarding whether or not the City police could assume the responsibility of locking and unlocking the gate to a local cemetery in the City of Sanger which is owned by an association. It is my understanding that the association has asked the City whether or not the police department could unlock the gate in the morning and lock the gate in the evening to provide access to the cemetery during day -time hours. It is our opinion that if the association owning the cemetery requests the City police department to unlock the gate in the morning and lock it in the evening that the City police could do so without the City incurring any obligation or liability. The request from the association to the City should be in writing so that there would be some record that the association had requested the City police department to lock and unlock the gates and that such action is done at their request and with their approval. Should you have any other questions about this, please let me know. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P. By: H. rouls Nichols HLN/sb 6235 LJ E C: - 1 :_: - '� 1 L�1 E Li 1 1 .� '' F' _ � -� Neiman & Barnes u prn%essiatcrl Cc�r•�Tc�raric:rt Attorneys At Law 386 W. Main / P.O. E3ox 777 Lewisville, Texas 750G7 December 18, 1991 Ronald J, Nciman Margarot E, Barnes L .• Mx. John Hamilton City Manager City of Sanger P. O. BaX 578 Sanger, Texas '7G2GG RE: Dear John: a _ • h • • - • Ph.. 214/43f�-155$ Fax; 214/436-1349 Sangex �ematery Yau have referred to me the letter dated becember 9, 1991, wherein it was requested that a police officer assume the responsi.b�.lity of opening and closing the gates to the Sanger Cemetery. As you knew, the City of Sanger (as with other cities or governmental entities) is prohibited from contributing public funds far private purposes. It is my understanding that the cemetery in question is a privately -owned cemetery, and that the City does not own or operate the Cemetery. Accordingly, it would be improper to have on --duty palace officers perform duties other than providing police protection for a private entity. To comply with the request would e�fective�.y be the contribution of services to a private entity. Such form of contribution is prohibited by Article 8, Section 3, of the Texas Constitution. mhus, it is my recommendation that you adv+.se the Cemetery Association that the City is prohibited by law from complying w�.th their request. please advise if you need additional information. RJN:dmy Sincerely, %� Ronald Neiman City Of Sanger Sanger,Texas 76266 Box 1012 Sanger, Texas 76266-1012 (817) 458-5184 T°n" "__ W . . January 2091997 Re: Sanger Cemetery Th; r ; c � Inenlloct that the Canncr Onl iro flantmont iinlnrk the rPmP�'PY`V Parh morning and to also locklthe cgmetery at dusk each evening. The Sanger Cemetery Association will release the City of Sanger from any Liability for this. Thank you, Helen Bounds President BID TABULATION HUNTER ASSOCIATES TEXAS, LTD. 8140 WALNUT HILL LANE, SUITE 500 DALLAS, TEXAS 75231 CITY OF SANGER, TEXAS SANITARY SEWER IMPROVEMENTS - SOUTH STEMMONS LINE L98022E BID DATE: JULY 31, 1998 as 2:00 P.M. FF BIDDER BID BOND # OF DAYS TOTAL BID AMOUNT RHODE CONSTRUCTION P.O. Box 789 Kaufman, Texas 75145 Phone: 972-962-5755 sin,.. aiq-9F2-5742 CONSTRUCTION FU TECHN 2220 Loving Avenue / Fort Worth, Texas 76106 �1 ( �' 000 Phones Fax: 817-624-7814 S.J. LOUIS CONSTRUCTION, INC. 2401 Avenue J., Ste. 202 Arlington, Texas 76006 ►/ / Phone: Fax: 817-640-0030 ALLEN CONSTRUCTION 200 Northwood Granbury, Texas 76049 Phone: Fax: 817-573-4647 DICKERSON CONSTRUCTION Celina, Texas 75009 Box / © / �OO Celina, �/ � c / Phone: 972-382-2123 Fax: 972-382-2043 sees PIPE -CON, INC. a 2105 Oakhurst, Ste. G A/ / 30, a 2 Irving, Texas 75061 Y Q / O J Phone: 972-445-0928 Fax: 972-554-4847 E.L. DALTON /0 8700 Stemmons, #125 / O /� J Dallas, Texas 75247 ((�/ Phone: 214-571-2500 Fax: 214-571-2555 NADEZDA CONSTRUCTION, INC. 6040 Camp Bowie Blvd., Ste. 27 Fort Worth, Texas 76116 Phone: 817-735-9225 FOUR D CONSTRUCTION /37 �7 10907 Stinson Drive Dallas, Texas 75217 / / Phone: 972-286-0094 Fax: 972-286-9178 HUNTER ASSOCIATES. TEXAS, LTD. 8140 WALNUT HILL LANE, SUITE 500 DALLAS, TEXAS 75231 CITY OF SANGER, TEXAS SANITARY SEWER IMPROVEMENTS - SOUTH STEMMONS LINE L98022B BID DATE: JULY 31, 1998 - 2s_00 P.M. BIDDER 77 BID BOND # OF DAYS TOTAL BID AMOUNT C�s ✓ q v / 3, g a F:\Sanger\Engineering\Other\L98022 EB idTab.wpd