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04/06/1998-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDA I , APRIL 69 1998 6:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance 2. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.074 Personnel Matters. a) Consider and Review Applications for Appointment to City Manager's $-usiiivia. 3. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of item discussed in Executive Session. CONSENT AGENDA 4. a) Approve Minutes b) Disbursements 5. Citizens Input. 6. Conduct Public Hearing to Consider Replat of property legally described as Lot 1R, Block 4, J.R. Sullivan West Addition, being a replat of Block 4. 7. Consider and Possible Action to Approve Replat on property legally described as Lot 1R, Block 49 J.R. Sullivan West Addition, being a replat of Bloch. 4. 8. Consider and Possible Action Regarding Property Sold to Mrs. Joy Testa. 9. Consider and Possible Action Regarding Request from Sanger Chamber of Commerce. 10. Consider and Possible Action Regarding Hunter Associates. 11. Consider and Possible Action to Award Fuel Bid. 12. Consider and Possible Action Regarding G & K Uniform Contract. 13. Consider and Possible Action to Approve Ordinance No. 05-98. 14. Consider and Possible Action to Appoint Interim Board Member to Board of Adjustment. 15. Consider and Possible Action to Appoint Nel Armstrong as Representative of Sanger to the Upper Trinity Water District. 15. Any Other Such Matters. 17. Adjourn. V ^ , Ro, s/alie Chavez, City Secretal Date and Time Posted CITY OF luWA4NCE:R YEISDOFa zNY NO OPL.1\1 z TEtlI L z CT ThIV SdT'E r=U NUI+i I�LaF� I�TE 1."t C`.S Al""41. Rrwrm"r"Lt t=a U. F C:lX 78 K121 c?AW S`LAaDES 2067501 4/01/9B 23883 4/07/` 8 TOTAL ,:�� t�BC FdE�CJUF7C.`E EMT K C. E. CLASS 9802 4/01 /98 TOTAL 1 �'C:,la ASCII z t�1r-II._ i-�CaE�I�'' T l"AFL. EUTF--IA Nis 7.E ANIMAL. 147 TOTA-SL, 1;a58 I�1iCNA�EL. S. E):fi�C3IrC-� 336a 0300 TOTAL L 1Gd5'7 I CP1 A ml, to :I:w: i t[1n �1l� 120 u 00 1 i_:0. 00 4"��C, l�Ei3TWC3[:�I� ASt�Eu I_.ziT'I__FF?f3CKq ASC=�n 7E'�=:�4 4/01/90 23949 4/07/98 5.00 5. 00 5. 00 14E,5 CC-fAS�lC�C z CrlC7 La 3�E"rE CaC]a q I C`•IC 4:_�►� C3TA4TE h�. SAFETY STICKERS 933 3--0142 4/01 /98 cl TOTAL 1485 CASFdD:CNASL_ TFiASCK1'NC3 INC'u L.EAS�:iE: cirri r��az�cEC ��4,��8 459. 0300 T 0 VT 'AL r�'F-ICTtIE43 c`'�1`3�8 433.0100 8.77 433.1600 2.76 TOTAL 5785 BSN SPORTS PITCHER PLATES B769627 4/@1/98 4610900 60. 48 TOTAL �Cal_aTC--0 S7EE�C�F:CEL_i79 t*IAa. 7/98 561.75 581 tr r' S 320:`1 ,SUTIN F:De FI__CIWEf� Mf.3UI�I79 Tea 7`:,4��=m6' 1 9 385u oo 113 85. ��r� 6:: `17117151 5.53 P.O. BOX 77c6 P38@5 4/@7/98 6@.48 fi@. 48 i 2545 FIRE SUPPLY INC. BOX 89 REPAiR BOTTLES � 574@ 41@i/98 R394c 4/@7/98 fi9.89 451.11@@ 69.89 TOTAL 69.89 �?645 INFRA REHABS INC. MAC�HOLE REHABS 3L242@@ 447.2H@@ TOTAL 33C7 BEARD'S MOTORS WRECKER FEE 1931 WRECKER SERVICE 1937 419.@3@@ 632@ EDEN DRIVE HALTOM CITY, TX.761S7 4/@1198 c3933 4/@1/98 1,195.@@ .@@ l 1195. @@ 11195. @@ . @@ b+e h RT. 1 BOX 4I2O �3886 4/@7/98 55.@@ .@@ c3893 4/17198 45.00 .@@ CITY DF SANGER .LNDOR AP OPEtd ITEM LIST UNIFDItMS 23266 4/01/98 442.0300 16.70 442.0500 16.70 442.0600 16.70 442.0800 16.70 TOTAL 3788 BOUND TREE/NORTH AMERICAN GLOVES 296573 4/01/98 424.1100 75.00 TOTAL COMPANY 100 4/02/98 PAGE 2 16:57 PURCH ANT DISC. ANT 100.00 .00 P.O. BOX 210037 23767 4/07/98 66.80 66.80 15 CENTERVALE ROAD 23745 4/07/98 75.00 75.00 4125 BURRUS SUPERMARKET P. p.BDX 708 SOFT DRINKS 23844 /41/98 23844 4/07/98 12.54 413.1100 12.54 SOFT DRINKS 23919 4/01/98 23919 4/07/98 12.74 413.1100 12.74 COFFEE 23548 4/01/98 23548 4/07/98 6.29 411.0600 6.29 TOTAL 31.57 4240 FUTURE EQUIPMENT CD., INC P.D. BOX 612703 PARTS FOR TRENCH 117930 4/01/98 23802 4/07/98 378.64 419, 0800 378. 64 TOTAL 378.64 4250 SPRINT-CENTEL P.O. BOX 740517 PHONES 23969 4/01198 23969 4l07/98 937.17 433.0100 330.35 433.1300 106.18 433.1800 37.60 433,1600 46104 TOTAL 937.17 4575 PANSIE PATCH P.O. BOX 193 SANGER, TX. 76266 PLANT 23945 4/01/98 23945 4/07/98 32.50 442.0100 15.50 442.1600 17.00 TOTAL 32.50 4585 BEN MEADOWS COMPANY P.O. BOX 80549 ATLANTA, GA. 30366 METAL DETECTOR 500101 4/01/98 23806 4/07/98 433.32 424.0500 433.32 TOTAL 433.32 46`'" HILTI, INC. DEPT. 0890 P.D. BOX 120001 CHISELING HAMMER 12551338 4/01/98 23824 4/07l98 945.00 470.0800 945.00 TOTAL 945.00 . 00 .00 5085 CHEMCa P.D. BOX 59853 SPARKLE � FRT. C 57206 4101i98 23768 4107198 97.29 419.0300 12.13 RviS' CITY OF BANGER .�P�BOR INV NO 415. 0U� 4f'3. G6�8 415. O7G� 41�. GBOG 41"�,11R� 419. �c�i� 419.26GO TOTAL 6i�� C�H JAPdITORIAL SURRLIES CLEANIPdG SURRLIE ;6P8 44�, O3P� 445. E�1�� 44�.16GG TOTAL 657� CONLEY SANG &GRAVEL SANG, TnRSOIL, F 23811 431.Ov�G 431.05GO 447.0700 TOTAL 75� �f}RELCn CARITAL CORIER LEASE 585i85O 459. G3OO TOTAL AE' OPEPd ITEM LIST 18.13 1�'.13 1L.13 12.13 1�.13 1Ls 13 I2,38 CnMRANY 1O� 4iQ�e;/`�8 RAGE 3 16.57 RURGN AMT I?iSC. RMT 97. ES R.O. BOX 1104 4/G1/98 23771 4lO7/98 58.45 19.48 19.48 19.4'3 58.45 1OlO BOLIVAR STREET 4/O1/98 23811 4/G7/98 i,481.63 240. OO 840. GI9 401.63 1, 481.63 R.n. BOX 41647 4/G1/'38 �38c9 4/�7/98 1?8.95 1�8.95 1e8.95 9350 DATA BUSINESS FnRMS, INC. 163-167 HnidELL R.n. BOX 565367 LASER TONER 164638 4/O1/S8 C397C 4/�7/98 8G8.G7 411.03GG PG?. G7 TOTAL 2OC.G7 920� DATA FLO4i UTILITY BILLS & 11661 441.1'��O TOTAL 1GSGO OERLERS ELECTRIC BURBLY SArE'iY GLRSS�LOC c1393�10 470. GB�O 47A.G8G® 41a. Senn TOTAL 11J�+� DENTEX SURREY Cn., IPdC. VALUE, NiRE NUTS 163�93 463.OS�� TOTA}_ 1i525 OENTON BOLT CnMRANY BOLTS & PdUTS 119667 41S.G8OA TOTAL . �G . GO r� . GIB R.O. BnX 32566 AMARILLO, TX. 7912�-�566 4/O1/S8 �3974 4/G7/98 955.14 .G�+ 959.14 S5'3.14 .00 R.n. BOX 2676 4/O1/S8 23SO7 41O7/S8 49,44 .AG i9.85 19.64 7. �J 49.44 .OLD 1cE6 DUNCAN ST. 4/Ol/98 23809 4iG7/S8 62.12 .GO 62.12 62.1'2 . ®G i3�5 WILLON SRRINGS BR. 4/H1t98 33884 4/O7/'38 91.06 .00 91. G6 9i.G6 .GG 'kE �.�; E_r �� ` 13GAO CITY OF' BENTON, ACC. ®A{flf V�TQ ?�'��fa MUNICIRAL BUILDING �15 EAST MCKINNEY G /fit /AR ?�'��la 4/�7i9A ��1_ Pf� _ �� CITY OF BANGER .WNDOR AP OPEN ITEM LIST COMPANY 100 4/02i98 PAGE 4 16,57 INV NO INV DTE PO NUM DUE DTE PURCH AMT DISC. AMT 456.0600 30.00 TOTAL 14000 DENTON CO. ELECT. CO-OP., ELECTRIC SERVICE 06216561 4/01/98 434, 2200 340.98 434. 0500 340,97 30.00 350E FM 218E 23982 4/07/98 681.95 TOTAL 68f.95 16500 ENDERBY GAS COMPANY TEST HIGHWAY 82 P.O. BOX 717 PROPANE 100499 4/01/98 23765 4/07/98 39.60 414.2000 39.60 PROPANE 101067 4/01/98 23892 4/07/98 29.80 414, 2000 2180 TOTAL 69.40 16520 Ei_IE50N, VICTORIA CITY OF SANDER P.O. 8OX 578 TRAVEL EXPENSE 23533 4/01/98 23533 4/07/98 61.60 440.0200 61.60 TOTAL 61.60 16526 ELLIOT ELECTRIC SUPPLY P.O, BOX 630610 NACOGDOCHES, TX 75963 TIMER FOR SCHOOL 37795-01 4/01/98 23714 4/07/98 41.24 470.0800 41,24 TOTAL 41.24 16564 FISHER SCIENTIFIC DEPT. 641681 PITTSBURGH, PA. 15250 MICROSCOPE & FRT 1334746 4/01/98 23804 4/07/98 831.18 427.0700 831.18 STAIN SLIDES 1465056 4/01/98 23847 4/07/98 37.34 427, 0700 37.34 TOTAL 868.52 17175 FOSTER95 5ADDLE SHOP 6409 I-35 MOTH JEANS 23906 4/01/98 23906 4/07/98 151,60 416,0800 151.60 TOTAL 151.60 17300 G G TRACTOR CO. 1230 FT, WORTH DRIVE ELBOW FITTINGS 003870 4/01/98 23885 4/07/98 5.59 419.0800 5.59 FITTINGS 20529 4/01/98 23888 4/07/98 11.18 419.0800 11.18 PIN 20472 4/01/98 23843 4/07/98 83.41 419.0800 83.41 SHANK, PIN & RIN 20414 4/01/98 23838 4/07/98 137.04 4110500 137.04 TOTAL 237.22 1744,__G K SERVICES P.O. BOX 2687 UNIFORMS 416313 4/01/98 23977 4/07/98 121.95 416.1200 6.02 416. 0500 34,29 416.2000 6.02 416.0700 7.49 416.0800 40.39 F!4 CITY OF SANGER �NDOR UNIFORMS AP OPEN ITEM LIST 416.0600 CIS 426002 4/01/98 4lGm 1200 5.02 416.0500 35.89 416.2000 5.03 416.0700 9.09 416,0800 86.88 41600600 40.84 COMPANY 100 4/02/98 PAGE 5 23967 4/07/98 160 PORCH AMT DISC. ANT 182.75 304.70 17700 GALL'S INC. 2470 PALUMBO DRIVE P.O. BOX 55268 SAFETY EQUIPMENT 5214527 4/01/98 23742 4/07/98 255.95 418.2200 255.95 TOTAL 255.95 17750 GARRETT EDUCATIONAL CORP. P.O. BOX 1588 COMPUTER BOOK 202087 4/01/98 23534 4107/98 3 L 86 475.0200 31.86 TOTAL 31.86 18240 GILL'S WASTE OIL CO. RT. 1 BOX 213A OIL FILTERS 2691 4/01/98 23889 4/07/98 40,00 420t2O@O 40,00 TOTAL 40.00 18780 GOODYEAR TIRE 7301 AMBASSADOR ROW TIRE 090906 4/01/98 23891 4/07/98 46.20 419.0300 46.20 TIRE 090613 4/01/98 23836 4/07/98 92.40 419.0300 922440 TOTAL 138.60 20200 HACH COMPANY METERS 969395 427.0700 TOTAL DEPARTMENT 198 4l01I98 23803 4/07/98 1,450.00 19 450. 00 20385 HART INFORMATION SERVICES RB R947 .ELECTIOtd SUPPLI 771513 4/01/98 411.1400 10.00 411.1500 10.15 TOTAL 23000 HOLLINGSWORTH MFG. CO.. TONGUE ,TACK 3132 419.0500 419.0800 TOTAL 242a HUNTER ASSOCIRTES,INC. PARK EXPANSION 24924 410.0900 TOTAL 24601 3 K LIGHTING & SUPPLY LONG LIFE TUBE 1157 1,450.00 P.O. BOX 149187 23976 4/07/98 20.15 20.15 P'. O. BOX 384 23890 4107/98 65.00 65.00 . 00 .00 .00 . 00 8140 WALNUT HILL LANE ONE GLEN LAKES, SUITE 500 4/01t98 23995 4J07/98 524.00 .00 524.00 524.00 .00 P.O. BOX 540217 GRAND PRAIRIE, TX 4i01/98 23712 4/07/98 89.00 .00 CITY DF SANGER aNDOR 2463E JESIdOOD DIL COMPANY GASOLINE USAGE FEB. 414.0300 414, 0800 414o l lOO 414.0600 414.0700 4144 2600 414.0500 TOTAL AP OPEN ITEM LIST 310 flUDRA LANE 4/01/98 23978 4/01/98 55127 313.12 37,50 331.23 80.98 69.12 271.51 24700 JIM McPdRTT CHEUROLET PACK KIT 501531 4/01/98 419.0600 18,90 TOTAL 25000 K-MART LAUNDRY BRCS 23902 4/01/98 418.0800 23.96 TOTAL 2725b WATER PRODUCTS, INC. MISC. SUPPLIES 171394 4/01/98 421.0600 275.52 TOTAL 160 PURCH AMT DISC, AMT 1, 662.73 1, 662.73 1405 N, STEMMONS 23763 4/07/98 18090 18.90 2300 N UPJIVERSiTY 23902 4/07/98 23.9b 23.96 P.D. BDX 349 23770 4/07/98 c^75.52 27500 LAN ENFORCEMENT SYSTEMS I P.D. BOX 1835 TIGKET BOOKS 71212 4/01/98 23826 4/07l98 442,2400 217.50 TOTAL 28500 LONE STAR GAS CD GRS USAGE 23966 435, 2100 435,1200 434, 0100 434.0100 434.0800 435.2000 434.1600 434,lG00 TOTAL .. 4/01/98 239fib 4/07/98 32.31 91.56 26.77 5.56 79.84 91.56 26.77 5.56 POBDX bc0061 29501 LOVELACE LANDSCAPE 8 TREE SERUIGE LIBRAR'{ LAtdDSCRP 23980 4/01/9a 409.0900 275.00 TOTAL 29735 MARK MURDOGH SOLU,GUN,SCRAPER 22b28 424.1200 424, 2000 424.2000 �75.52 217.50 217.50 359.93 359.93 1807 N. ELM #304 23980 4/07i99 275.00 275.00 P,O. BOX 1453 GAI1dESUILLE, TX 76240 4/01/98 23764 4/07198 92.15 64, b5 20.60 6.90 RFiIO .00 CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 4/02/98 PAGE 7 16:57 �NDOR INV NO INV DTE PO NUM DUE DTE PURCH AMT DISC. AMT TOTAL 92.15 .00 31000 MELTON SERVICE INC. P.O. BOX 568444 POLICE COMPUTERS 031898 4/01/98 23909 4/07/98 150.00 000 456,0300 150.00 TOTAL 150.00 ,00 31635 NOR-TEX COMMUNICATIONS P.O. BOX 993 SURFACE JACK 677 4/01/98 23910 4/07/98 6100 .00 411.0300 65,00 TOTAL 6100 .00 31638 NORTEX OVERHEAD DOOR 624-8 S. ELM ST. REPAIR DOOR 23943 4/01/98 23943 4/07/98 77.00 .00 4210800 77.00 TOTAL 77,00 ,00 31643 NORTH TEXAS EXTINGUISHER SERVICE P,O, BOX 957 ANNUAL INSPECTIO 3298 4/01/98 23953 4/07/98 403.00 .00 419.0300 130.00 419.0500 83.00 419, 0600 60,50 419.0800 52.50 4111100 77,00 TRUCK MOUNT & MI 3286 4/01/98 23837 4/07/98 435.00 .00 4110800 82,00 419.1100 353,00 TOTAL 838.00 .00 32125 S & S TELEMETRY 800 WILLOW STREET REPAIR WELL #6 1269 4/01/98 23963 4/07/98 1548130 .00 421.0600 11489*30 TOTAL ls489.30 .00 32510 THE CAR CARE CENTER OF SANGER 705 N. 2ND STREET CLEAN VALVE & TH 2835 4/01/98 2376G 4/07/98 46.46 ,00 419.1100 46,46 TOTAL 46.46 .00 32650 THETA LABS., INC. P.O. 80X 540635 REPAIR RADAR 4707 4/Ol/98 23728 4/07/98 139.48 .00 456.0300 139.48 TOTAL 139.48 ,00 35000 RADIO SHACK 410 BOLIVAR P.O. BOX 297 BATTERIES 22053 4/01/98 23853 4/07/98 7,99 ,00 42loOGOO 7,99 SWITH 23835 4/01/98 23835 4/07/98 4.59 ,00 419.1100 4.59 MONITOR&MOUSE EX 23724 4/01/98 23724 4/07/98 20.97 .00 456.2400 20.97 BATTERY 23813 4/01/98 23813 4/07/98 7,99 .00 421,0600 7,99 TOTAL 41.54 ,00 35300 RITE -WELD SUPPLY INC. P.O. BOX 1597 01:11cocG is 07i WG i 7/ifh/QA ?k5Ar 7/17/gA CITY OF BANGER �NDOR COMPANY I0'0 4/02/98 PAGE 8 16:57 42I.1100 37.50- REVERSE JE 18136-1 3/10/98 23347 3/17/98 244.20- .00 432.0500 244,20- 830636-2 3/10/98 23546 3/17/98 37.50 ,00 421ollOO 37,50 OXYGEN & ACETYLE 440455 4/01/98 23839 4/07/98 64.92 .00 442, 0300 12.99 442. 0500 l2. 99 442,0;;ry6((0$$0qq 12.99 442. Y 800 12. 99 442,1100 12.96 RISC, D4094 4/01/98 23979 4/07/98 4.50 .00 421,1100 4.50 TOTAL 174.78- .00 35551 S & S AUTOMOTIVE P,O. BOX 461 700 N. I-35 MISC. PARTS 23759 4/01/98 23759 4/07/98 248.92 .00 419.0800 178.11 4110600 46.55 41% 0600 6.86 419.0800 17.40 MISC. PARTS 23769 4/01/98 23769 4/07/98 302.00 .00 419.0800 9195 442,1200 42.00 44241200 2,40 419.0600 179.96 419.0600 4.40 419.0300 63.29 TOTAL 550.92 .00 37777 SANGER OFFICE SUPPLY 303 BOLIVAR R.O. BOX 958 PAD, WASHMARKERS 00971 4/01/98 23807 4/07/98 2151 .00 409.0900 29.51 TOTAL 29,51 .00 38500 BANGER DRUG STORE R.O. BOX 958 KAYBOARD DRAWERS 00961 4/01/98 23723 4I07/98 107.99 .00 456,2400 107.99 ORGANIZER 00979 4/01/98 23830 4/07/98 74.99 ,00 411.0300 74.99 TOTAL 182.98 .00 38752 SARGENT-SOWELL, INC. LOCI{BOX 911494 SHIPPIIJG 05519340 4J01/98 23936 4/07/98 5.88 ,00 418.0600 188 TOTAL 5.88 ,00 38758 SCHLUTER ENG, & COMM. P.O. BOX 98 PAGER WJ CASE � 16026 4/01/98 23796 4l07/98 271.00 ,00 421.1100 271.00 REPAIR RADIO 16022 4/01/98 23964 4/07/98 35.00 ,00 412.0600 35.00 TOTAL 306.00 ,00 41000 SIR SPEEDY 260 S, I-35 E DENTON, TX. 76205 COPIES 7699 4/01/98 23939 4/07/98 47.50 .00 CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 4/02/98 PAGE 9 16:57 �NDOR INV NO INV DTE PO NUM DUE DTE PORCH AMT DISC. AMT 442.i100 47.50 TOTAL 47.50 .00 42000 SMITH'S COUNTRY STORE P.O. BOX 928 COVERS 23798 4/01/98 23798 4/07/98 10.33 too 470,0800 10.33 KEYS 23726 4/01/98 23726 4/07/98 2,00 too 442. 0300 2. 00 MISC, SUPPLIES 23515 4/01/98 23515 4/07/98 24.15 .oil 442.2000 16.29 419.0500 2.49 4190 llOO 1.58 419.1100 3.79 CLAMPS' PAINT BR 23790 4/01/98 23790 4/07/98 9.15 .0o 421.0700 9.15 KEYS 23827 4/01/98 23827 4/07/98 7.00 .00 442.0300 7.00 PLUG 23797 4/01/98 23797 4/07/98 3.19 .00 470. 0800 3.19 MISC. SUPPLIES 23833 4/01/98 23833 4/07/98 66.91 too 419.0800 6.98 419ollOO .35 442.1200 4.99 420.2000 14,99 420.20M 1.99 419, 0800 33.00 4110800 3.60 419.0800 1.01 CHAIN & HITCH 23810 4/01/98 23810 4/07/98 29.58 .00 421.0500 29.58 GAS CAN 23808 4/01/98 23808 4/07/98 9.99 .00 424. 0900 9.99 NIPPLE 23791 4/01/98 23791 4/07/98 6.99 soil 409.0900 6,99 MISC. SUPPLIES 23840 4/01/98 23840 4/07/98 22.99 .00 4110800 16>03 456.0900 4.38 419.0500 2.58 TOTAL 192,28 too 42845 SPRINT P.O. BOX 650270 DALLAS, TX. 75265-0270 LONG DISTANCE 23852 4/01/98 23852 4/07/98 316.73 .00 433.0100 158.37 433olGOO 158.36 TOTAL 316.73 .00 42927 STECKlAUGHN CO. P,O. BOX 26015 BOOKS & FRT. 0147571 4/01/98 23585 4/07/98 38,96 .00 475.0200 38.96 TOTAL 38.96 .00 43701 TECHLINE, INC. R.O. BOX 841950 MISC. INVOICE"a 23799 4101/98 23799 4/07/98 6,047.22 silo � � ��' � � 470.0800 6,047.22 TOTAL 61047.22 . oo CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 4/02/98 PAGE 10 160 .,�NDOR INV NO INV DTE PO NUM DUE DTE PURCH ANT DISC. AMT 43850 TEMPLE, INC. P.O. BOX 970269 PEDESTAL 63814 4/01/98 23938 4/07/98 640,00 .00 47% 0800 640.00 TOTAL 640.00 .00 44200 TRIPdITY AIR GAS P.O. BOX 560407 FILL OXYGEN BOTT 05763 4/01/98 23940 4/07/98 24.00 424.1100 24.00 TOTAL 24,00 45220 SOUTHWESTERN BELL M08ILE SYSTEMS P.O. BOX 910913 PHONES 23970 4/01/98 23970 4107/98 444.12 433olGOO 39.65 433.0100 39.64 433,1100 30268 433.1100 32,35 433ollOO 35.86 433.1100 54,32 433.0600 48.91 433.0800 65.34 433.0800 57,72 433.0900 39.65 TOTAL 444.12 4555 TEXAS STEEL CULVERT P,O. BOX 727 CULVERTS 097059 4/01/98 23438 4/07/98 15007.60 431.0500 11007.60 TOTAL 11007.60 45698 GFS PRINTING 2219 SOUTH LOOP 288 SUITE 100 MANILLA ENVELOPE 9832 4/01/98 23727 4/07/98 73.60 411.2400 73.60 TOTAL 73.60 46500 GRAVITY INC. P.O. BOX 1260 RESTRIP PATROL U 98001 4/01/98 23825 4/07/98 575.00 419.0300 575.00 BLUE SIGN 98074 4/01/98 23944 4/07/98 65,00 423.0800 65.00 TOTAL 640.00 49625 U.S. METROLINE SERVICES 3818 DIVIDEND GARLAND, TX 75042 METRO LINE 803 4/01/98 23975 4/07/98 94.60 433.0100 48.50 433,1600 46.10 TOTAL 94.60 50200 VIKING OFFICE PRODUCTS P. O. BOX 819064 PLATFORM- COMPUT 753989 4/01/98 23788 4/07/98 82.99 412.1900 82.99 FAX PHONE 757185 4/01/98 23725 4/07/98 354.96 456.2400 354.96 TOTAL 437.95 53265 WEBB AUTO PARTS P.O.BOX 355 SOCKET SET 9448 4/01/98 23887 4/07/98 4195 .00 . 00 .00 . 00 . 00 00 . 00 .00 . 00 .00 .00 .00 CITY OF SANGER �NDOR INV NO 442. @6@@ OIL FILTER 9411 419. @500 419. @600 419.0800 419.11@0 OIL FILTER 3 BEL 9394 419, 0300 419.@500 419.0600 419.0700 419.0800 421.0900 419.11@0 419.2200 6116 BERRYMAN 9440 442,0300 442, 0500 442. @600 442.0800 44221100 442,0700 442.0900 TOTAL E 1 ■ ► mmu■fE.'i� 48.95 4/@1/98 3.00 3.00 3.00 3,00 4/01/98 3.51 3.51 3.51 3.51 3,51 3s 51 3.51 3.48 4/01/98 3.60 3.60 3.60 3.60 3.60 3.6@ 3.60 53280 WESCO MISG. INVOICES 563106 4/01/98 470, 0800 11 010.19 TOTAL 55285 TEXAS WASTE MANRGEMENT RECYCLE ROLLOFF, 731876 447.@400 447,0400 TOTAL I55875 REINERT PAPER & CHEMICAL MISC. SUPPLIES 49728 419. @300 419.0500 419.@600 419,0700 419.0800 419.1100 421 s 0900 419.2200 TOTAL TOTAL DUE WITH DISCOUNTS TOTAL DUE- NO DISCOUNTS 4/@1/98 314.66 174132 � M ri i 16%57 WURCH AMT DISC, ANT 23834 4/07/98 12.00 23762 4/@7/98 28.@5 23842 4/@7198 �S. G@ 114.2@ P.O. BOX 96822 23941 4/@7l98 1,@10.19 719 23996 4/07l98 5,062.98 5, @62.98 1431 COMMERCE BLUD. 2376@ 4/07/98 64.64 64.64 41,183.8# GfL DEPARTMENTS AdMINISTRATIOPJ-GF LIBRARY-GF 1 2 a SANITATION-GF 4 51062.98 L_., OF SANGER AP OPEN ITEM LIST COMPANY 100 4/02/98 PAGE 12 160 PORCH AMT DISC. AMT STREETS-GF 5 3,291,58 WATEKF 6 2185152 WASTEWATER-EF 7 21854018 ELECTRIC-EF 8 11,491.18 PARKS-GF 9 1,027,31 FIRE-GF 11 41777. 93 VEHICLE MAINT-BF 12 216.64 SWIMMING POOL-GF 13 106018 MAYOR & COUNCIL-GF 14 10.00 MAYOR 9 COUNCIL-EF 15 10.15 ADMINISTRATION-EF 16 778.73 SULLIVAN CENTER-GF 18 37.60 DATA PROCESSING-EF 19 1,042.13 VEHICLE MAINT-EF 20 272.78 COMM. CENTER®GF 21 32.31 WASTE-WTR LOLL-EF 22 11815*62 24 77102 ANIMAL CONTROL-GF 26 201.50 GENERAL FUND 20,065.55 ENTERPRISE FUND 21,118.29 MINUTES: City Council March 16, 1998 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilman Jimmy Frazier, Councilman Jerry Jenkins ABSENT: Councilwoman Alice Madden, Councilman Mike James OTHERS PRESENT: City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Chief of Police Benny Erwin, Water/Wastewater Superintendent Eddie Branham, City Mechanic Tommy Belcher, Rodney Fletcher (Friendship Cable), Bo Jaubert, Bill Franz (Architect for Post Office), Robert King (Contractor), Glenn and Wanda Ervin 1. Call Meeting to Order, Invocation, Pledge of Allegiance Mayor Coker Called the Meeting to Order. Councilman Kincaid led the Invocation followed by Councilman Jenkins leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried unanimously. 3. Citizens Input. None. 4. Conduct Public Hearing to Consider Preliminary/Final Replat of property legally described as 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29, now known as Lot 1, Block 1, Eagle Farms Addition. Mayor Coker Declared Public Hearing Opened. Robert King, Vice President - Gada Construction, developer for the Post Office facility along with Bill Franz were present to answer any questions or concerns in regards to the new post office. a Cu MINUTES 03/16/98 PAGE 2 Mr. King advised the building consists of 69500 sq* it, and construction will begin on Friday, with 150 calendar days for completion. Mr. King presented construction plans on the building and the proposed site. City Secretary also advised the Board of Adjustment had approved the Variance Request and the P&Z made recommendation to Council on Approval of the Preliminary and Final plats last Thursday night. Discussion followed on site plans. Iviayor Coker Declared Public hearing Closed. 5. Consider and Possible Action to Approve Preliminary/Final Replat of property legally described as 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29, now known as Lot 1, Block 1, Eagle Farms Addition. Motion was made by Councilman Frazier to Approve Preliminary/Final Replat of property legally described as 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29, now known as Lot 1, Block 1, Eagle Farms Addition. Seconded by Councilman Jenkins. Motion Carried unanimously. 6. Consider and Possible Action to Award Bid for Demolition of property legally described as Lot 19 Block 40, Original Town, also known as 117 S. 2nd, Mayor Coker advised the City advertised for bids on the old Banks house, and only received one bid from E.T.'s Odd Jobs in the amount of $5,850.00. Mayor Coker advised that he has visited with Mr. Ervin on his bid proposal in regards to the bid not including additional dirt work or tractor work. Mayor Coker advised that Mr. Ervin indicated (and verbally confirmed by Mr. Ervin at the Council meeting) that the City was to disregard his last sentence in his bid. He will level the ground and bring some dart in if needed. Councilman Jenkins inquired as to the legal position in the demolition. City Secretary advised that all legal proceedings has been followed. Motion was made by Councilman Jenkins to Accept Bid on Demoliti Mon of property legally described as Lot 1, Block 40, Original Town, also known as 117 5. 2nd submitted by E.T.'s Odd Jobs in the amount of $5,850.00. Seconded by Councilman CC MINUTES PAGE 3 03/16/98 Kincaid. Motion Carried unanimously. 7. Consider and Possible Action Regarding Franchise Agreement with Friendship Cable. a) Discuss Rate Increase Rodney Fletcher, Area Manager for Friendship Cable, addressed Council on this item. Mr. Fletcher indicated that on July 5 their Franchise Agreement expires and would like Council to reconsider the renewal of the contract. Mayor Coker expressed some concern in reference to their billing cycle. Mayor indicated that the bills are mailed about 3 to 4 days before they are due. He received a nasty letter about their service being cut off due tot the time allowed. He advised that if the statements are printed on the 2nd of each month they should be able to mail them out that day. Mr. Fletcher agreed with the Mayor and advised that they have changed billing companies effective next month. Mayor also indicated that his employees in customer service need to be informed of this. Mayor stated that his employees are not friendly and they are kind of curt. Mr. Fletcher explained that changing billing companies will help. The bills should be printed in prior month and mailed out ten (10) days before they are due. They are not adding any additional charges to the bills. Presently there is the KOO service charge for late payers. This next month when they go out they should be on time allowing at least 10 days for a customer to pay. Mayor than asked about their service indicating they have "poor service". Councilman Kincaid indicated that they could go to his home and turn the TV on, and if there is a storm between Pilot Point and Sanger his TV will be "snowy", and if it rains real hard it will be nothing but "snow". Mr. Fletcher advised they have filed with the FCC to raise their transmitter power. This will help eliminate these types of problems. Councilman Jenkins advised that this problem has been going on for years. CC MINUTES 03/16/98 PAGE 4 Mr. Fletcher indicated that it takes a while to get licensed through the FCC. They are very stringent in licensing the "Microwave Transmitter". However, hopefully by the end of this year they can get approved, and they can then purchase the transmitter and put it up. It takes about a day. Mayor stated that several years ago they came to Council to ask for a Franchise and at that time it was their obligation to provide the City with the best service and equipment available. Mr. Fletcher indicated that Friendship has constantly been upgrading their • _, _ .. _ _ _ nm_•_ a_ _ •._a_ _ _1 L- --1 _7-1--L_--_-S---_-L equipment every year. Ins year they intend to add electrolkle equipment. Mayor stated that he has had residents complain about the cable service; however, he himself has had problems and has them to this day. He has had their technician come down, and he has advised it is not a cable problem. He has even paid a TV repairman to come down twice to correct his problem. The Mayor stated he is considering purchasing a dish to get off their cable. Again the Mayor emphasized to Mr. Fletcher they are not providing the citizens of Sanger with the service they deserve. Mayor recommended that Council table this item until they (Friendship) could come back and show Sanger how they plan to improve their system along with a time table. Councilman Jenkins indicated that there has been a problem in the new installations regarding the cable laying on top of the ground for weeks. He inquired if this problem is under control. Mr. Fletcher indicated this is pretty well under control. Mr. Richard Derryberry on Carmen Court indicated that his cable laid on the gI ound for a year and a half. He got tired of calling and finally put it under the house. He decided they were just not coming. Discussion then followed on the service provided by Friendship Cable. Mr. Fletcher gave every indication he would like to work out all the problems. He indicated he could bring some other people to address these issues. Mr. Fletcher briefly explained the rate increase is regulated by FCC. Mayor advised they objected to the increase. Mr. Fletcher asked if he could get the names of these customers with problems so they could proceed to get them corrected. CC MINUTES 03/16/98 Mayor emphasized it would not do any good to give him names since he already heard the gentleman's (Richard Deriyberry) problem earlier in the meeting which was never corrected, and it was ongoing for almost 2 years. Their organization needs to regroup and redefine their services. Item postponed. 8. Consider and Possible Action to Amend 1997-1998 Budget Capital Improvements Line Item Expense 470.06. I'Y!a__ C'�_____♦ • 7!__�__1 mil_!_ 1! __ !�_.__ _...__..___ //�A A! _____7_ L- L_ _______J__1 _� '1.1L�' .7Cl:l'Clal`y lI1fI1Cil1CU llll� 11I1C 11CII1 CX�CIIaC �i/V.VU 11CCU� lU UC i1111C11UCU ilk recommended by CPA from $80,000 to $458,135. Motion was made by Councilman Kincaid to approve this amenment to the budget on line item expense 470.06 as indicated. Seconded by Councilman Jenkins. Motion Carried unanimously. 10. Issue Proclamation No. POl-98 Designating April as "Sexual Assault Awareness Month". Mayor Coker issued Proclamation No. POl-98 "Sexual Assault Awareness Month". 11. Consider and Possible Action to approve contract with Municipal Services for Grant Consultants. Shelly Green, Municipal Development Services, addressed Council on this item. Shelly advised that Rose had contacted her Thursday or Friday and was inquiring as to grant funds available for sewer improvements. She advised that grants are not due until April of next year. Shelly advised there are not any grants available. Community Development is the only grant. Farmers Home (now called Rural Development) does 50/50 grants. Lengthy discussion followed in regards to the sewer problems the City is having. Discussed was upgrading to two 6-inch pumps and upgrading the lift station across the highway to relieve the pressure on that side. Eddie was instructed to get estimated costs as to what actually needed to be done, including using a camera to run down the sewer lines. Council also agreed to get the engineer to proceed with a study. Council instructed City Secretary to see if the funds are available to take care of some of this expense. CC MINUTES PAGE 6 03/16/98 Mayor also inquired as to when does construction begin again at the new sewer plant. Eddie Branham advised that construction begins March 20, 1998 with 330 days for completion. Motion was made by Councilman Kincaid to hire Mupal Development Services as Grant Consultants. Seconded by Councilman Jenkins. Motion Carried unanimously. 12. Any Other Such Matters. Mayor advised Council of all the scheduled meetings regarding 4A and 4B Sales Tax. On March 19 - Jerry Jenkins will discuss the sales tax propositions at the Business and Professional Women's Luncheon. March 24 - Mike James will assist Parks Board Members at the PTO Meeting. April 1- Jerry Jenkins will discuss the sales tax propositions with the Wednesday Study Club (Literature Department). April 8 - Alice Madden will discuss sales tax with the United Methodist Women and Men. April 9 - Bonita Turner will moderate a Town Meeting at the Sanger Public Library. April 10 - Alice Madden will discuss sales tax at Senior Center. April 14 - Bonita Turner will moderate another Town Meeting at the library. April 22 - Jerry Jenkins will discuss sales tax with the Modernaire Division of the Wednesday Study Club, and Terry Jones will discuss with the Noon Lion's Club. 13. Meeting Adjourned. **** MEMO ***orb April 2, 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: Executive Session ------------------------------------------------------------------------------------------------------------------------ The Mayor will convene Council into Executive Session in order for you to review and consider applicants without the public being involved. After your executive session Council will convene into regular session and continue our Council meeting as usual. **** MEMO **** April 2, 1998 TO: Honorable Mayor and City Council Members l+R: Rosalie Chavez, City Secretary RE: Replat for Gene and Betty Hughes Gene and Betty Hughes are seeking approval of their replat on their lot on 8th Street. This will go before the Planning and Zoning Commission tonight, and I will have their recommendation for you Monday night. March 26, 1998 TO: Property Owners FR: RE: RC:ck C &I of ��v�rV= - Rosalie Chavez, City Secretary Replat of Block 4 - now known as Lot 1R, Block 4, J.R. Sullivan West Addition You recently received correspondence from me regarding property owners Gene and Betty Hughes. They requested a zoning change a� the Planning an This property h Zoning Board wi: The P&Z will me,., 201 Bolivar to will then go to you have questi King at 458-793 you may have. �d a variance, both of which were approved by i Zoning Board, and the Board of Adjustment. �s been replatted, and now the Planning and l make a recommendation to our City Council. on Thursday, April 2, 1998 at 7:00 p.m. - consider this replat. Their recommendation cur City Council on Monday, April 6. I hope if >ns you will call me, or my secretary Cheryl ). We will be happy to answer any questions I have attached another form for you you approve or disapprove of this dA sapprove this request please be scheduled meeting on Thursday, April Enclosures: Self -Stamped Envelope Variance Form Map o sign stating whether replat. If you do in attendance at the 2. zos BOLIVAR STREET BANGER, TEXAS 76�66 8i�-458.7930 P.O. BOX S78 817.458.418o FAX O'a .0-9 Lu L.LW AJ 1 y — I ,oc s�' N O F VHF d,0 F i OgUpVW 'e I i F WF�Cj�VI Ik !§a rnn"1 x r X b Q Cn �4 I FL J��U1 84V 04a. E )d VlNYS 0MY YM3 1 a051HJ1Y W u)ais rr cP `t'W � d j YJ)d of .ss arss H1aON T f r7MAT j rrrn moa .os jLa acraig 11W0 P&Z 04/02/98 CC 04/06/98 REPLAT Property legally described as: Lot 1 R, Block 4 J.R. Sullivan West Addition, being a replat of Block 4. Said property is located on 8th Street. If you disapprove this Request, please be in attendance at the scheduled meeting. Please check one: I approve of the Request I disapprove of the Request Comments: Date Print Your Name Please P&Z 04/02/98 CC 04/06/98 Property legally described as: Lot 1 R, Block 4 J.R. Sullivan West Addition, being a replat of Block 4. Said property is located on 8th Street. If you disapprove this Request, please be in attendance at the scheduled meetinq. Please check one: I� Comments: I approve of the Request I disapprove of the Request Date Print Your Name Please PU 04/02/98 CC 04/06/98 REPLAT Property legally described as: Lot 1 R, Block 4 J.R. Sullivan West Addition, being a replat of Block 4. Said property is located on 8th Street. If you disapprove this Request, please be in attendance at the scheduled meeting. Please check one: I approve of the Request I disapprove of the Request Comments: Sigriature Print Your Name Please Date **** MEMO April 2, 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: Property sold to Joy Testa As requested by the Mayor we contacted Ron Neiman on this issue due to a letter that was received by the Mayor. A copy of the correspondence is attached. Mr. Neiman originally has been aware of all the issues surrounding this property since 1991. March 20, 1998 Dear Mayor Coker, Re: Lot 2 Block 96, OT Sanger Enclosed is a copy of the Legal Notice sent to me by the City Secretary pertaining to the above mentioned lot which I am in the process of purchasing from the City, and of which we have spoken. As you can see the Notice does not say the sale is an "as is sale." The only reference to condition of sale is "no closing cost to the City." Apparently there is a misunderstanding as to what "closing cost" means. It refers only to charges of a title company and which in this case there were none. Also let me point out that in this Legal Plotice there is no mention of a defective title which is what the City has given to me. As you can see from the second enclosure, a copy of a letter from previous city manager, John Hamilton, that lie was aware of the need to cure the title. Sometime last fall, Larry Keesler gave me permission to request from the city's attorney correspondence in connection with this lot. Neiman sent me copies of correspondence with the donor, Catholic Diocese, but he omitted sending the letter from John Hamilton acknowledging that it would "take several weeks" to accomplish an adverse possession lawsuit. In November of last year, the Catholic Diocese of Fort Worth sent me the same letters as Attorney Neiman sent plus the one from Hamilton. This is how I came into possession of it. Based on Hamilton's letter and time frame of several weeks to accomplish the adverse possession lawsuit, I offered to reimburse the City for the expense, however in subsequently talking with Mr. Neiman, he estimated the cost to be in excess of $2,000. and three months in time. Through the City Secretary, you have turned down my offer and in recon- sidering, I do not think it is my responsibilty to pay this additional, unexpected expense. The lot was at no cost to the City and the title could have been cured in several weeks at little expense. I bid on it in good faith and paid over $9,000. In the meantime the City is losing revenue and I am out the opportunity to build on it which would mean more tax revenue for the ,City. Jv 5 �d� �-' Please advise me that you are willing to do the necessary title work and that I can expect it to proceed within two weeks from date of this letter. Sincerely,, ;Joy.Testa Enc. CC: Jerry Jenkins Tommy Kincaid Alice Madden Mike James Jimmy Frasier Sr1►(ernber 12 199E Sangcr Cou.rier,. 1.9 .58.3691 FOR LEASE ---------------- OM HOME FOR SALE OR E: 3/2.5/2 with bedroom nce on 1-I/2 acre in nice development near Sanger. amenities. 458-7448. 1tc SE FOR LEASE: beginning 15, $650 per month. !rum I year. 3 bedroom 2 CHA, nice neighborhoode deposit required. 203 i St. in Sanger. (817) 380- tb ------------------ �SE TO OWN MOBILE PIES on large lots in ,er. Your job is your credit. ,ntry atmosphere. 1.2,3 rooms starting at $175,00 & plus lot. (214) 471.1754 or t 1 :393-2463* i tfnc — FREE PETS -------------------------------- ;EE TO GOOD HOME: Part „i,•;r m:,le�, good Persian 1-lido cn(. Call 484-6694, tEE TO GOOD HOME: i'{•111a1'• ,i :t701 LOST & FOUND LEGAL NOTICE fill II\ „I lall`_'l'1 I\ \ll nlu n 11'1 'Truck. c„p� of the specifcatIons thr t1it\ ;ciret:u'v's office during nor- nr.11 htl\inc\\ hour• at ('it\ Hali. �t)I Bolivar Street. Bids ,ilu.t he on the official hid Wheel and he returned to the City ��rt'I:11'\ in a pealed cn\clopc nuu'ke(I "Vehicle Bid" prior to �a)t) h.nl. un Tucsdav, October I. 11)(4), at which time all bids \\ill !�c publicly opened :tlld read aloud in the City Hall Con- Ietellcle Room. 101 Boli\ ar Street. San oe!'. Texas. All bids \\ ill he presented to Cite Council at their regular meeting, er 1996 at 7:00 ,^..m. in the Cily Council Octob Chaml cr< for their revci\\ and consideration. Th,> itv of San(Rer reserves the right to reject any and C all hicis and in any case. award the hid in the best interest of llle CIIV. Rosalie Chavez. City Secretary LEGAL NOTICE The of City Sanger is seeking bids for the sale of city o\y described as Lot 2, Block 46, Origi- vned property legall nal Town Sanger. Said property is located at the intersection of Plum and 4th Street. in the Northwest corner. All inter- ested patties should subnlit their bid in sealed envelope marked d for City Property Bids shall be '`Net Bid", that is no Closing Cost to the City. Bids should be delivered to the City of Sanger. 201 Bolivar. or mailed to P.O. Box 578, Sanger, TX 762W Bids will be accepted until 2:00 p.m. Tuesday, October L 1996. at which time all bids will be publicly opened and read alound in the City Hall Conference Room, 201 Bolivar Street. Sanger. Texas. All bids will be presented to Cuty Council at their regular meeting. Monday, October 7, I996 at 7:00 p.m. in the City Council. Chambers for their re- \ 1e\\- and consideration. The City of Sander reserves the right to reject any and :Ill hids and in any case• a\\'ard the bid 1n the best interest of tIle City. �� 1 tc Rosalie Chavez, City Secretary 6Mfb •r::O„ P�d203■ , loaa Aix, u!d �+o8e8y U�IIM hoX c: 1 O.L.l3Nc t �ocno AN: mort:. ec i �;Htns air_ V099 L zs • =;� oa,nd IVIJN V \': JS I 'PPU wpuu ►110o dou , I*d ,iMUO 1� 123(l ult•/cc 6SL�Oi i'3VA' i6L I S li�,•'SS TIP. wot{ ►qtt. i ►xzs /gc LI8 k'.1\ ) o.i u) )a a Ins j- aa (I 5 I� December 17, .. Ms. Mary N. King - Director of Parish Services Diocese of Ft. Worth 800 West Loop 820 South Ft. Worth, Texas 76108-2919 r;r. T1,, nflr%n of 1.nt riPsrrihed as R58777 (96913) O.T., Sanger, Block 46, Lot 2 Dear lt�s. Ming: Dentex Title Company, %jrorking in ot�r behalf regarding the proposed land donation, discovered the last recorded deed on the lot was dated y Attorney has advised that in order to secure a December 16, 1899, Our Cit title on the property, we would have to initiate an adverse possession lawsuit which should take several weeks to accomplish. CCouncil is still interested in pursuing your generous donation The ity as a possible new library site; however prior to undertaking this process, our Council wanted you to be aware of the circumstances as we now know them. Additionally, the City Council wants you to be aware that if we complete this process, it is possible that a library could be constructed at a different location and the lot donated byc�ionC rocessch mAt tYtis time,ight be sold othexLibrary B and anged as part of the new library constru p is recommending your lot as a library site, but as you are aware, circumstances and personalities sometimes change. NVIth this additional information before you, can the City of Sanger proceed with 'the process to secure title to the lot in question? If you have any questions or concerns, please let me know. JH:cs Best wishes for the holiday season. Sincerely, , ohn Hamilton City Manager - _..... ..,.-.- i c •.e.�.F.s, 817-ASdr743o r4PF�- i -09 e WEI} i S : 0 1 [Ae I _ 0a Ronalc# J, Neiman, P.C. Margaret E. Barnes, P.C. Kristi A. Traylor TO: I7►►A71i';: Neiman & Barnes, L.L.P. Attorneys At Law ass W, Main / P.O. Box 777 Lewisville, Texas 75067 Mayor and Members of the City Council April ], 1��8 Catholic 13iocese lot sold to 7. Testa Ph.: 97�/436-i568 1^ax: 972/436-1349 rear Mayor and Council Members: Rose has requested that I provide some input in response to the March 20, 1999 letter from Mrs. Testa. 'The City of danger acquired this lot by "special" warranty deed from the Diocese because there is a problem with the chain of title back in 1403, A deed of this nature warrants the title "by, through or under the Grantor, but not otherwise," No title policy was purchased by the City at the time of the gift, and thus the title still had the cloud existing. The City conveyed the property to Mrs. Testa also by special warranty deed, and thus the cloud on title still exists. However, I have a phone message in my ftle dated t>'ctober 1S, ]996 whereby she indicated that she had found a problem with the title. For whatever reason, Mrs, Testa chose not to obtain title insurance but instead paid for the lot and accepted the deed (although she says she has not filed the deed in the county records). There was apparently no contract of sale for the 'Testa transaction, just the notice published, some written bid, and the deed and check exchange. however, the City conveyed to Mrs. Testa the same level of title to the property that it had received, Mr. Keesler had Mrs. Testa contact me to assure that any clearing on the title would be done to protect the City, if Mrs, Testa would bear the expense. It would take several months to complete due partially to the 45 day publication requirement for the unknown heirs. AF•F�— 1 — emu L4 E:rs 1�3 eC221 1 NE I h1ANt D AFoo"1= F e O 3 Mayor and Members of the City Council April 1, 1998 Page 2 Mrs, Testa told me that she was planning to build a building on the property "out of her pocket", so the issue of the clouded title could be deferred by her until a later sale of the property, or by her heirs and assigns, Quite simply, however, the City owe$ Mrs, Testa nothing. The publication notice for bidding is not a contract of sale for real estate. She was or should have been aware of the nature of the clouded title she acquired at the time the special warranty deed was exchanged for the money paid, rte:dsG Yi4dYiJG aL yVtA iicc44 au,4eeva ,....r..,.u4....., Sincerely, Leo t Ronald J. Neiman RlN:alc **** MEMO **** April 69 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: Request from Chamber of Commerce Attached is a letter received from Vicky Jenkins, President of the Chamber of Commerce for your consideration. r lt� \J.G PHONE 817.458-7702 CHAMBER OF COMAORCE P.O. BOX 537 SANGER, TEXAS 76266 March 31, 1998 Mayor John W. Coker and City Council Members City of Sanger P O Box 578 Sanger, TX 76266 Mayor Coker and Council Members: The Sanger Area Chamber of Commerce would like to request funds from the City of Sanger Hotel Occupancy Tax Fund. Our mission, as a Chamber of Commerce, is to advance the general welfare and prosperity of the Sanger area so that its citizens and all areas of its business shall prosper. All necessary means of promotion shall be provided and particular attention and emphasis shall be given to the economic, civic, commercial, cultural, industrial and educational interests of the area. Hotel Occupancy Tax Funds may be used to promote tourism and the convention and hotel industry, which would include advertising and conducting solicitations and promotional programs to attract tourists and visitors to Sanger and the vicinity. Thank you for your consideration. Attached you will find The Sanger Area Chamber of Commerce proposal for the use of these funds. We are very open to any comments and suggestions from you. If you should approve our request, we will be more than willing to report back to the city, as often as you feel necessary, on our progress. Sincerely, Vickie Je President PROPOSAL FOR USE OF HOTEL OCCUPANCY TAX FUNDS 1. COMMUNITY PROFILE &INFORMATION BOOKLET The Chamber of Commerce is experiencing an increase in the amount of telephone inquiries about our area, a number of which are in relation to Lake Ray Roberts. A well done booklet about the area which includes facts about the lake would benefit businesses and promote tourism greatly. Preliminary bids are in the area of $5,000 to $7,500 dollars. We believe that the information should be factual, but general enough for the book to last for 2 - 3 years. A color brochure to be distributed at tourist stations advertising our annual Sellabration and Fireworks Display at Lake Ray Roberts would call attention to Sanger and the surrounding area. Bids for 1000 quality brochures are in the $1500 range. We are very excited about a well done antique show and plan to promote and advertise in order to bring visitors into our city who are interested in this type show. An additional $2000 in advertising will get the attention of quality antique dealers and tourist as well. 1. Community Profile $6500 2. Brochure $1500 3. Advertising $2000 TOTAL REQUEST III [in **** MEMO **** Ap11129 1998 TO: Honorable Mayor and City Council Members TR: Rosalie Chavez, City Secretary RE: Hunter Associates ------------------------------------------------------------------------------------------------------------------------ Mark Hill, from Hunter Associates, will be here to address this item. E �r **** MEMO **** April 2, 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: G & K Uniform Contract The Mayor asked me to contact Ron Neiman to get a recommendation regarding this contract which is why this item is on the agenda. The City Council needs to terminate the contract in open meeting so Mr. Neiman can pursue the termination of contract. The department heads have never really been satisfied with G & K Services, and now they are asking for a rate increase that we feel is not warranted. F4F'R!— i —'�:B WELD 1 7� e ms'.:F: h--IE 111C4" a>~AR"eS _ 0 Ronaici J. Neirrtiar►, P.G. Margaret F, Barnes, P.C. Kristi A. Taylor TD: DATE* RE: Dear hose; Neiman & Barnes, Attorneys At Law 386 W. Main / RO. Box 777 Lewisville, Texas 76067 Rose Chavez vla Facsimile No. (94tt) qS8-41$0 April 1, 19�$ � & K Urufarrn Contract Ph,: 87p/436.1558 Fax; 972143& 1349 You advise that the City dcsires to terminate the referenced contract, presumably based upon the reasoning in my December 19, 1997 memo to you. 'l�herefore, an item should be placed on an upcoming City Council agenda to direct the City staf to teni>anate the 0 & K contract (effective u�nediately or upon same specific date} because the former employee did not utilize the rewired bidding process and thus the April 25, 1997 contract is void. After the above deternunation is made by the City Council,l can give notice of terrnination to the company and address the details. Please advise if you need further 'snformation. ILJI+i;atc Sincerely, Ronald J. Neiman **** MEMO **** April 2, 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: Fuel Bid The City advertised for fuel bids and received one from Lynch Food Mart -Snap Shop. A copy of the bid is attached. BID FORM MOTOR VEHICLE FUEL All Bids Must Be Returned to the Office of the City Secretary in a Sealed Envelope marked "Fuel Bid" prior to the scheduled opening time of 2:00 p.m., Monday, March 16, 1998. Please note any exceptions: C CS Tln�i<.nr<� r�nir�t «iit}<in Cor<r*nr ('�i+<. T �mitn L t,ll Y Vl' 1./V lilt YY lt1 L111 VGtll�til vlt� iJ11111tJ Delivery available seven days a week, 24 hours per day Billing to City on a Monthly basis Delivery price, less state/federal taxes, figures at actual cost plus. (This figure should represent your ad&on price to actual cost.) * FUEL LIST CONSIST BOTH OF DIESEL AND GASOLINE PRICES. Company Y z YNG� Representative (Printed or yped Name) Signature �?a_ �d)< 3 S`? Address Ll S09 3 as r Telephone 3-/6- /9 Date *** MEMO **** April 29 1998 TO: Honorable Mayor and City Council Members FR: Rosalie Chavez, City Secretary RE: Ordinance 05-98 Ordinance OS-98 is an amendment to our original Equal Payment Plan Ordinance, now known as "Average Monthly Payment Plan". This amendment is necessary to coincide with our new billing system, and so we have to have this ordinance to back up our new bills that are being sent out. Copies of our original ordinance and our new ordinance are attached. CITY SECRETARY ORIGINAL COPY OPTION A CITY OF SANGER, TEXAS ORDINANCE NO. 02-94 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER BY ADOPTING AN EQUAL PAYMENT PLAN FOR THE PAYMENT OF ELECTRICITY BILLS; PROVIDING FOR SEVERABILITY OF THIS ORDINANCE; PROVIDING FOR ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER: SECTION I: CODE OF ORDINANCES AMENDED {a) That from and after the effective date of this ordinance, the City of Sanger Code of Ordinances shall be amended to include Article 11.1600.5 to read as follows: "ARTICLE 11.1600.5 • 1 1 (1) Qualified customers of electrical service may enroll in a plan designed to provide equal utility bills throughout the year, such plan to be known as the "Equal Payment Plan." (2) Electricity usage will be estimated by the City of Sanger Utilities in order to determine the amount of the equal monthly payment. Estimates will be made based primarily on past usage by the customer at the present address. Said payment shall be made monthly, subject only to changes in the twelfth month or due to rate adjustments, as provided for herein. (b) Twelfth Month Adjustments. Equal payments shall be made for eleven (11) months. In the twelfth month, any difference between the estimated amount and the actual month shall be settled. If monthly payments are less than the charges for actual use, the twelfth month bill will show the balance due, including this difference. If monthly payment have totalled more than the charges for actual usage, any difference will be refunded to the customer. Payments in first eleven (11) months must be consistently made, regardless of any credit accruing during said eleven (11) months. (c) Plan for Electrical Service Only The equal payment plan is available for the payment of charges for electrical service only. 01 CITY SECRETARY ORIGINAL COPY #02-94,page 2 OP ION A (d Prerequisites for Participation in Plan In order to qualify for participation in said plan, potential customers must have an established credit record with the City of Sanger Utilities. The following shall be considered proof of an established credit record as required herein: {i) A minimum of twelve (12) months of timely payment of utility charges; {ii) .Absence of any utility service termination in the past twelve (12) months, and {iii} Absence of an outstanding balance with the City of Sanger Utilities. (e) Ag 1p icption. Customers interested in participation in the equal payment plan must apply by completing an application form as maintained on file in the office of the city secretary. Said application shall be subject to review and denial or approval by the City of Sanger Utilities. (f) Effect of Rate Adjustments Any rate adjustments imposed during the normal course of business by the City of Sanger Utilities shall be included in the average bill as they become effective" SECTION II: SEVERABILITY That if any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declared that it would have passed such remaining portions of the Ordinance despite such invalidity. SECTION III. CONFLICTING PROVISIONS That any and all Ordinances shall take effect immediately, from and after its passage and publication of the caption, as the law in such cases provides. PASSED AND APPROVED BY ORDER OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, ON THIS THE 18 DAY OF April 1994. AT'iI�ST: Rosalie Chavez, City Sectary 'AS Nel Armstrong CITY OF DANGER, TEXAS ORDINANCE NO. 05-98 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING EQUAL PAYMENT PLAN FOR THE PAYMENT OF ELECTRICITY BILLS, SECTION 11.1600.5 EQUAL PAYMENT PLAN, OF THE SANGER CODE OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER: SECTION I: CODE OF ORDINANCES AMENDED (a) That frnm And after the effective date of this ordinance, the City of Sanger Code of Ordinances Article 11.1600.5 shall be amended to read as follows: "ARTICLE 11.1600.5 AVERAGE MONTHLY PAYMENT PLAN (a) Plan Adopted (1) Qualified customers of utilities may enroll in a plan designed to provide average monthly utility bills, such plan to be known as the "Average Monthly Payment Plan". (2) Utility bills will be continuously averaged based on usage of the previous twelve (12) month's history. Said payment will vary according to usage and rate adjustments, as provided for herein. (b) Average Monthly Payment Plan. The Average Monthly Payment Plan is available for payment of charges for all services. (c) Prerequisites for Participation in Plan. In order to qualify for participation in said plan, potential customers must have an established credit record with the City of Sanger Utilities. The following shall be considered proof of an established credit record as required herein: (i) A minimum of twelve (12) months of timely payment of utility charges; (ii) Absence of any utility service termination in the past twelve (12) months; and (iii)Absence of an outstanding balance with the City of Sanger Utilities. ORD. 05-98 PAGE 2 (d) Application. Customers interested in participation in the average monthly payment plan must apply by completing an application form as maintained on file in the office of the City Secretary. said application shall be subject to review and denial or approval by the City of Sanger Utilities. (e) Effect of Rate Adjustments. Any rate adjustments imposed during the normal course of business by the City of Sanger Utilities shall be included in the bill as they become effective." SFCTIC�N II_ SEVERABILITY That if any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declared that it would have passed such remaining portions of the Ordinance despite such invalidity. SECTION III. CONFLICTING PROVISIONS That any and all Ordinances shall take effect immediately from and after its passage and publication of the caption, as the law in such cases provides. PASSED AND APPROVED BY ORDER OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, ON THIS THE 6 DAY OF APRIL 1998. Mayor John W. Coker, III ATTEST: Rosalie Chavez, City Secretary tu of -- =..TV ) ( JU March 19, 1998 Mrs. Laurie Eaves, Coordinator Enforcement Team I. Water & Multimedia Section Enforcement Division, MC 149 Texas Natural Resource Conservation Commission P.O. Box 1 RE: Enforcement Action City of Sanger Permit No. 10271-001 Enforcement ID No. 12205 Dear Mrs. Eaves: This letter is in response to your letter dated March 11, 1998 refering to the alleged violations of the Texas Water Code Section 26.121. The City acknowledges that there has been problems with overflowing of the manhole on the west side of I-35 on the south side of town as evidenced by self reporting forms sent to the Arlington Regional Office. It should be noted that all of these overflows were cleaned up in accordance with requirements presented by the Arlington Office Staff. In the City's analysis of the situation it was determined that the majority of the overflows occurred during high rainfall periods. Therefore, it appears that Infiltration\Inflow (I\I) is the main cause for the situation. Power failure at the downstream lift station also appeared to be responsible for some of the events. 'In order to address the I\I problem the City contracted to have a smoke test performed to determine the locations of possible I\I locations. This test was performed in August, 1997 and the report was received in September, 1997. Since that time the City has continued to repair the identified problem areas by plugging unused services, installing manholes inserts and rehabilitating manholes and pipelines. A major portion of the identified problems were on private property. The City is currently determining how to address this private property issue. To prevent power outages installed power failure stations. These alarms so that personnel can be undertaken. from causing overflows, the City has and high water alarms at all lift are connected to the City's SCADA system alerted and corrective actions UC soi BOLIVAR STREET BANGER, TEXAS 76266 817-458-'7930 P.O. 807C S78 817.458-418o FA]C J ego 2 Eaves The City is investigating the possibility of supplementing the Smoke Test data with additional smoke testing and/or having the lines TV'd. This could help identify other problems areas. In addition, the City is pursuing funding to upgrade the sewer collection system and/or lift station to prevent any further overflow events. We plan to begin construction this summer. Sincerely, Eddie Branham Water/Wastewater Supt. EB:rc City of April 2, 1998 vvU - Ms. Laurie Eaves, Coordinator Enforcement Team I. Water & Multimedia Section Enforcement Division, MC 149 Texas Natural Resource Conservation Commission P.O. Box 1 Austin, Texas 78711-3087 RE: Enforcement Action City of Sanger Permit No. 10271-001 Enforcement ID No. 12205 Dear Ms. Eaves: This letter is intended to bring you up to date on the progress the City of Sanger has made with regard to the infiltration/inflow problems we have experienced. We have contracted with Infra Rehab to install liners inside six (6) manholes at a cost of $8,693. These manholes are located on the westside of Interstate 35. In addition, the City has installed inflow protectors and rehabilitated six (6) manholes by repairing rings and covers. All of these locations had been identified in the smoke test performed in August, 1997. The City has also installed lock down rings on manholes targeted by Ms. Rachel Cummins of the TNRCC Region 4 office. The City has had rainfall events since the completion of the manhole rehabilitation protect and no overflows have occurred. On March 31, 1998 the City started to TV approximately 2,290 feet of sewer line to identify possible I/I locations that were not discovered during the smoke test. Once the results are obtained, the City will begin the repair process. sot BOLIVAR STREET BANGER, TEXAS 76�t66 8s�-4S8-7930 P.O. BOX 578 817.458-418o FAX S. Laurie Eaves/TNRCC April 2, 1998 Page 2 In our continuing effort to prevent additional overflow occurrences, we have contacted the Consulting City Engineer, Hunter Associates, regarding the design and construction of the new sanitary sewer line crossing IH35 as identified in the letter from Hunter Associates to Mr. Sid Slocum, TNRCC Region 4 dated October 211 1997. Hunter Associates is preparing a cost estimate and engineering concept to be discussed at the April 6th City Council meeting. I will continue to submit monthly summaries on all work performed until such time as the problems are corrected. Sincerely, Eddie Branham Water/Wastewater Superintendent EB:ck cc: Mayor/City Council Mark Hill, Hunter Associates any local administrative remedies if the court determines that "the prospects for success" in the administrative process "are reasonably unlikely," and immediate court intervention is "warranted." • Third, under the "abstention doctrine," federal courts have broad discretion to "abstain" from deciding a particular lawsuit and to insist that the suit be brought in the state court system. In recent years, the federal courts have adopted the policy of frequently abstaining in favor of state courts in legal challenges to municipal land use decisions. This policy is designed to respect the state courts' primary role in resolving state and local land use disputes, and to help promote uniform judicial interpretation and application of local land use rules. Under H.R. 1534, when a plaintiff frames a case as a federal takings issue, the federal district courts would be prohibited from abstaining in favor of state courts. H.R. 1534 has been passed by the House and favorably reported from a Senate committee. Its momentum was slowed recently when a large number of Senators expressed opposition to the bill. Now, the Vice President's announcement may have ended the hill's chances. SELECTED ATTORNEY GENERAL OPINIONS DM464 — Municipal Court Time Payment Fee Section 51.921 of the Government Code, which imposes a "time payment fee" on every convicted defendant who chooses to pay the line, court costs, or restitution "over a period of time" rather than "immediately," does not violate due process or equal protection tinder the Texas Constitution. The time payment fee is applicable to all trial courts in the state, including constitutional county courts, but not to an individual who has been granted deferred adjudication. "Immediately" means "within a reasonable time as directed by the court." If the court consolidates several charges and imposes a fine, court costs. or restitution in a single order, only one time payment fee may be assessed. The time payment fee is a "cost of court" for purposes of priority of payment. LO-98-012 —Civil Service. All fire fighters appointed to a fire department by a city that has adopted Chapter 143 %J the Local Government Code must be placed within the protection of the city's civil service system. Any position that requires knowledge of "fire fighting and work in the fire department" falls within the civil service system, and any appointments to that position by the city must be made in compliance with Chapter143, Chapter 143 prohibits the City of Fort Worth from appointing non -civil service personnel to the fire department to perform fire fighting duties at the NASCAR race track. U.S. SUPREME COURTAFFIRMS IUNICIPAL OFFICIALS' IMMUNITY The nation's cities scored a smashing win in early March when a unanimous U.S. Supreme Court reversed a lower court and granted municipal elected officials full immunity against liability lawsuits for proposing or voting on municipal ordinances. The victory provides municipal elected leaders with the same protections granted federal and state legislators. "Because the common law accorded local legislators the same absolute immunity it accorded legislators at other levels of government," Justice Clarence Thomas wrote for a unanimous court, "And because the rationales for such immunity are fully applicable to local legislators, we now hold that local legislators are likewise immune from suit under Section 1983 for their legislative activities. We now make explicit what was implicit in our precedents: Local legislators are entitled to absolute immunity from Section 1983 liability for their legislative activities." In the case of Bogan v. Scott -Harris, the court ruled that the mayor and a councilmember of Fall River, Massachusetts, were entitled to the same degree of legislative immunity already guaranteed to members of Congress and state legislators when acting on legislative issues before their governing bodies. "Regardless of the level of government, the exercise of legislative discretion should not be inhibited by judicial interference or distorted by the fear of personal liability," the opinion declared. 'Today's ruling is a clear and welcome acknowledgement that elected municipal officials shouldn't have to worry about being taken to court for trying to meer their responsibilities to vote on public policy issues and propose legislation as representatives of their community," said National League of Cities (NLC) President Brian O'Neill, a councilmember in Philadelphia. "There is nothing more chilling to open debate and clear pursuit of the public interest than the prospect of retaliatory lawsuits, laden with legal fees and time-consuming litigation. The unequivocal message of our nation's highest court on this matter will assure that our city halls and county courthouses are open forums for elected leaders to examine issues, discuss ideas, and cast votes as envisioned by our founding fathers." The case involved a lawsuit filed by the head of a city department who charged that acouncil- adopted budget resolution that eliminated the department was a form of administrative retaliation arising from other activities rather than a legislative act. The suit raised the issue of whether local government legislators are entitled to absolute immunity under Section 1983 when they vote on a municipal ordinance. The lower federal court had acknowledged that local legislators are entitled to absolute immunity for legislative acts, but held that proposing and voting for an ordinance can be deemed an administrative act (which is not immunized) if it "relate[s] to particular individuals or situations." The case arose when the Fall River City Council voted on a budget resolution that eliminated the position of Janet Scott -Harris as Director of the City's Department of Health and Human Services. Scott -Harris sued under Section 1983, alleging that the ordinance that eliminated her position was proposed by Mayor Daniel Bogan and Councilmember Marilyn Roderick in retaliation for Scott -Harris's having filed a complaint against another city employee who was a long time friend of Bogan and Roderick. Notwithstanding that the ordinance was approved by a &2 vote, both the U.S. district court and First U.S. Circuit Court of Appeals rejected Bogan's and Roderick's motion to dismiss on the ground that they were entitled to legislative immunity. In the view of both courts, Bogan and Roderick were not entitled to absolute immunity, because the ordinance was an individually targeted administrative act and not a neutral legislative act incidentally resulting in the elimination of Scott -Harris's position. The amicus brief that NLC filed through the State and Local Legal Center argued that at the time of Section 19833 enactment, it was a settled prple of common law that local legislators were entitled to absolute immunity for all discretionary actions having a legislative character. Moreover, absent such immunity, local legislators would be chilled in the performance of their duties and distracted by having to defend themselves from lawsuits. Furthermore, the denial of absolute immunity would deter other citizens from government service. Thus, the same considerations that prompted the Court to recognize in earlier cases that federal, state, and regional legislators are entitled to absolute immunity require that local legislators receive absolute immunity as well. In its opinion, the court agreed: "Absolute immunity for local legislators under Section 1983 finds support not only in history, but also in reason...The rationales for according absolute immunity to federal, state, and regional legislators apply with equal force to local legislators." Indeed, the court made clear that immunity at the municipal level might be even more important than at the state or federal level: "The time and energy required to defend against a lawsuit are of particular concern at the local level, where the part-time citizen -legislator remains commonplace And the threat of liability may significantly deter service in local government, where prestige and pecuniary rewards may pale in comparison to the threat of civil liability." The NLC brief argued further that the court of appeals' test, which focuses on the breadth of the impact of the legislation, is insupportable. Local legislators act in a legislative capacity whenever they propose and vote on legislation, regardless of whether the legislation applies to a narrow subject or limited number of people. The policy concerns that underlie legislative immunity apply to all legislation irrespective of its scope. In its decision, the Supreme Court said that whether an act is legislative "turns on the nature of the act, rather than the motive or intent of the official performing it." The court's opinion made clear that absolute immunity would mean little if a jury could look behind every vote to question a councilmember's motive. The court specifically determined that the acts in question — both by the councilmember and the mayor — were legislative. The court said that the councilmember's vote on the ordinance was "quintessentially legislative," while the mayor's introduction and signing of the ordinance was formally legislative, even though he was an executive official: they were integral steps in the legislative process." The court said the ordinance reflected a "discretionary, policymaking decision implicating nuagetary priorities of the city anu Lne services the city proviaes to its constituents. Moreover, it involved the termination of a position, which, unlike the hiring or firing of a particular employee, may have prospective implications that reach well beyond the particular occupant of the office." (Reprinted from the �Llarch 9, 1998, edition of Nation's Cities Weekly.) AMERICAN HOMETOWN LEADERSHIP AWARDS The National Center for Small Communities (NCSC) and the WalMart Foundation are once again co -sponsoring the American Hometown Leadership Award Program, the only national program that recognizes leaders from small communities. Award winners must exhibit the highest standards of dedication, ability, creativity, and leadership. Nominees must be elected officials who "make a difference in their community and who currently serve on the local government's elected body. The government must serve a community with a total population of 25,000 or fewer. Each nomination must be accompanied by the signature of another elected local public official who can attest to the accomplishments of the person nominated. Local government officials will receive economic development grants from the Wa1Mart Foundation ranging from $15000 to $55000. The first place winner will receive a grant of $10,000 and will be recognized at a special ceremony in September at the National Center for Small Communities Annual Conference. Here are additional details. Who is eligible? Nominees must be elected officials who "make a difference" in their community and who currently serve on the local government's elected body. The government must serve a community with a population of 25,000 or fewer. The nominee should have or have had responsibility for an activity or activities that resulted in a particular accomplishment or accomplishments that benefited the general public. Some examples include but are not limited to: local government cost-cutting; creation and retention of jobs; coordination of a major local volunteer effort; implementing local development or renovation projects; or establishing new local services or programs. What are the prizes? Local government officials will receive WalMart Foundation -funded economic development grants ranging from $1,000 to $5,000, The first place winner will receive a $10,000 grant and will be recognized at a special ceremony in September at the National Center for Small Communities (NCSC) Annual Conference. How do I nominate someone? To be eligible for consideration, nominations must include the following: 1. Entry form signed by the nominator and an elected official who can verify the information. (An entry form may be obtained from TML by calling Karla Vining at (512) 719-6300. A form may also be obtained from NCSC at (202) 624-3550.) 2. An essay describing the nominee's accomp_ lishment(s). The inside of the form may be used, or up to two separate pages may be submitted. The essay should be typed or handwritten legibly. 3. Nominators and verifying elected officials must include their name, address, day and evening phone numbers. Mail entries to: National Center for Small Communities, 444 N. Capitol Street, N.W., Suite 294, Washington• D.C. 20001. Entries must be received by June 15, 1998. About the essay Essay should focus on major accomplishments such as local government management and economic development. Focus should be placed on details of the accomplishment, e.g. jobs created, money saved or earned, project impact on the community. Limit description of extracurricular activities -- those not related to the projects) -- to two paragraphs. Now are nominations iutlged? Judging and selection of winners will be conducted by the National Center for Small Communities in conjunction with a panel of small town experts. Notification of winners All winners will be notified by mail in late July/early August. What are the other rules? 1. No previous winners or repeat communities 2. No joint entries will be accepted. Only individuals will be judged. 3. No faxed nomination forms will be accepted. The contest is subject to federal, state, and local laws and regulations. All entries become the property of the NCSC. Finalists consent to the use of their names in publicity and promotional appearances in all media, if chosen. The grand prize winner will be asked to accept the award in person at NCSC national conference. All travel expenses will be paid. NCSC and WalMart are not responsible for entries that do not arrive by the contest deadline due to lost or misdirected mail. Employees of NCSC and Wa1Mart and its subsidiaries, their immediate families, affiliated advertising, promotional and public relations agencies are ineligible to be nominated. The Award is null and void if the submitted nomination misrepresents the nominee's record in the community. ......._.._ TML nrenaber cities may trse the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Executive Director -Frank Sturzl General Gounsei -Susan Horton � t � l 3 � M-�- �,; Director of Legislative Services -Sharma Igo `�' � Legislative Associate - Lance Lively For further information contact the TML Legislative Services Department, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128; (512) 719-6300, Fax (512) 719-6390 The Texas Municipal League �" V" I;i l l v i nvi tPc vn» ,..._ J ___ . _ _ „ � J to visit our website. www.tml.org We encourage you to sign our guestbook and share your observations. A Pt T�rN -t�►ke r 4"A_ vr, 02_- e •r4 fir, o�" �e oil e far D os Ar +"+°04 re ToMI wne you to a • • ,MEN Its for AV our 1998 lst Quarterly Mixer and Ilsdus�'� A.l P r'eciafro� Dl��er. ro��er will be