03/16/1998-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONDAY, MARCH 16, 1998
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order, Invocation, Pledge of Allegiance
CONSENT AGENDA
2. a) Approve Minutes
b) Disbursements
3. Citizens Input.
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,
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,
6. Consider and Possible Action to Award Bid for Demolition of property legally
described as Lot 1, Block 40, Original Town, also known as 117 S. 2nd.
7. Consider and Possible Action Regarding Franchise Agreement with Friendship
Cable:
a) Discuss Rate Increase
8. Consider and Possible Action to Amend 1997-1998 Budget Capital Improvements
Line Item Expense 4 70.06.
10. Issue Proclamation No. Dal -98 Designating April as "Sexual Assault Awareness
Month".
11. Consider and Possible Action to approve contract with Municipal Services for Grant
Consultants.
12. Any Other Such Matters.
13. Adjourn.
Rosalie
Chavez, City
Date and Time Posted
MINUTES: City Council Workshop
February 23, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman
Alice Madden, Councilman Mike James, Councilman Jimmy
Frazier, Councilman Jerry Jenkins
OTHERS
PRESENT: City Administrator Larry Keesler, City Secretary Rosalie
Chavez
1. Mayor Coker Called the Meeting to Order.
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Council went into a discussion as to the applications that
have already been received.
3. Meeting Adjourned.
MINUTES: City Council
February 23, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice
Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman
Jerry Jenkins
OTHERS
PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez,
Water/Wastewater Superintendent Eddie Branham, Street Superintendent
Chuck Tucker, City Mechanic Tommy Belcher, Chief of Police Benny
Erwin, Lisa Hardy - Sanger Courier, Mark Hill - Hunter & Associates, Floyd
Cunningham - Lone Star Gas, Terry Jones - Parks Board, Gladys Jackson,
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1. Call Meeting to Order, Invocation, Pledge of Allegiance
CONSENT AGENDA
2. a) Approve Minutes
b) Disbursements
3. Citizens Input.
Gladys Jackson - 309 Kirkland addressed Council regarding the East Side
Community Charitable Fund which is an ongoing non-profit organization to help
people with food, clothing, utilities, household expenses, medications &
hospitalization. They are seeking donations and sponsors to their organization.
Councilman Jenkins asked if the organization had a food drive for canned goods.
Mrs Jackson cated they had not done a food drive yet.
Mayor Coker asked if their organization has contacted the Bargain Depot/Crisis
Center to possibly combine their efforts or share their ideas since both organizations
are striving to do the same thing. Mayor advised Mrs. Jackson to contact Mrs.
Paxton Gray or Billye Hollingsworth and wished her luck in her endeavors.
4. Consider and Possible Action Regarding Lone Star Gas Franchise Agreement.
Mayor Coker read a letter from Mrs. Paxton Gray dated February 19, 1998. In her
letter Mrs. Gray indicated that in the Spring of 1997 there had been three times that
she had returned home and her home was full of gas. There was work that was
being done by the gas company on FM455 across the road from her house. She
indicated in her letter that she thought her gas had been cut-off while she was gone
and then turned it back on without notification.
She then called the Fire Department and they advised her that they had smelled the
gas as they stepped in front of her house. Mark McNeill from the Fire Dept. told
Mrs. Gray that if she had lit a match she would have been blown up. The Police
came and last was Lone Star Gas. Lone Star Gas never advised her that there wgf(j 0
CC MINUTES PAGE 2
02/23/98
holes in the main gas line and water had leaked in.
Lone Star Gas continued to work on the problem and again on the third day she was
contacted early that morning and her home was again full of gas. Mrs. Gray was
still in bed. The Police came and she was ordered to get out of her home and stay
in her front yard until it was safe to go back in. She had a broken leg at the time
and it was in a splint.
Three different times this occurred in her home and each time she was advised the
problem would not happen again.
On January 16, 1998, again her house filled with gas. The smell was out into the
street supposedly blown by her exhaust fan in the furnace. The Police and Fireman
dI d indicate to her that they had smelled the gas as soon as they drove up.
Lone Star Gas took 2'h hours to answer the call. Again she was assured it would
not happen again. Then on January 30, 1998, gas flooded her home once again.
Both the Fire Department and the Police came.
This is when she was told for the first time of the holes in the gas pipes and water
was leaking in and cutting off her gas.
Mrs. Gray had a Magic Chef gas range that was new when her home was built 20
years ago, and now outdated without controls to cut off the gas when problems like
this occurred. She was not interested in buying a new range due to the fact that she
is 90 years old and eats out most of the time.
Mrs. Gray indicated her letter she had contacted her attorney since she was tired
of being in this situation and had tolerated it long enough.
Mr. Cleveland from Lone Star Gas came twice to her home to discuss the problems.
Lone Star Gas came later to install a gas detector opposite her oven which
apparently did not work properly. Mrs. Gray then contacted her attorney again
who then contacted Lone Star Gas and told them to get her a safe connection within
24 hours.
Mrs. Gray then waited 4 hours for an appointment with Mr. Cleveland from Lone
Star Gas, which he did not keep.
Mayor Coker indicated that another letter was sent by Mrs. Gray on February 21,
1998. She indicated in this letter that the new District Manager, Mr. Kent King,
met with her and they went over her problems. Mr. King did offer to buy her a
new stove with electric control. She refused since she likes her Magic Chef Range,
which matched her other appliances.
He advised her when new pipes are installed in the City each home will have a plate
size safety installed which will make her outdated stove safe. She accepted his offer � a
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02/23/98
PAGE 3
and her present stove and burners were deactivated. She will use matches to light
a burner when she needs to.
The adjustments were made and Mr. Cunningham did call her to make sure the
adjustments were made. Mayor indicated Mrs. Gray was satisfied with what Lone
Star Gas has done to rectify her problem.
Mr. Howard Ashcraft, North Texas Plastics, also complained and addressed his
concern as to the length of time it has taken Lone Star Gas to do what they have
needed since his problem has been going on for years. Mr. Ashcraft indicated they
Riau a leak 11R flVrlt U1 llla plant during the yeal ailu tlicy Riau placed 11Ulllelutla qLaiis
to get them to resolve the problem.
Mr. Ashcraft asked Council if they were in a position to assist in getting Lone Star
Gas to complete their jobs to the satisfaction that they need to be.
Mr. Kent King, District Manager -Lone Star Gas in Denton and Wise County area,
addressed Council and advised he was not satisfied with the responses given to Mrs.
Gray. The problem is the low pressure system. Mr. King explained in detail the
pressure system and the service west of Bolivar and east of I-35.
The solution will entail going to at least 300 homes and going to the meter loop
where the meter sits and placing a satellite plate dish to help regulate the gas. This
will not allow water to get into cracks, breaks where construction takes place
because some of the steel pipes will erode and crack every time. Water weighs more
than the 4 oz of pressure that the gas is exerting in the pipe. So when the water
bleeds especially on a heavy rainy period where the ground has not absorbed the
water it will gather enough to bubble and stop a pilot light.
All appliances in homes now have a little thermostat couple that will turn the gas
off. If a water heater goes off it will turn the gas off. If the heater goes off it will
turn it off.
Mrs. Grays older stove did not have this type of thermostat couple and it kept
putting the gas out.
They have replaced the pipe along Chapman, and they hope they can finish that
project soon.
Their plan is to upgrade their low pressure system to an intermediate pressure
system which Lone Star Gas will be doing within the next four weeks. The process
will involve going to each home.
The Mayor's concern was how will this correct the problem of water getting into the
lines.
CC MINUTES
02/23/98
Mr. King stated that the 20 Ibs of pressure is enough to push the gas out to where
it can be detected. In the 4 oz gas pressure it is much harder to find the break.
Mr. King assured Council they will find the problems when it is pressurized at 20
Ibs.
The Mayor was concerned how this would solve Mr. Ashcraft's problem.
Mr. King assured the Mayor he will visit with Mr. Ashcraft and apologize since he
was not aware of his problem.
Mr. King advised with the 20 lb pressure they will not have the problem as what has
occurred with Mrs. Gray. The 20 lb pressure will eliminate the water problems.
Discussion followed as to areas that are low pressure and how Lone Star Gas intends
to update to intermediate pressure. Also discussed was the response time to
emergencies.
Councilman Jenkins asked if Lone Star Gas could possibly do a public awareness
update with the local paper. This would help to inform the public as to who to
contact and the services they provide.
Mayor did indicate to Mr. King that the City does have a franchise with Lone Star
Gas that was recently renewed for 25 years. There is a clause in the contract that
indicates it can be cancelled. The Mayor stated he would like Mr. King to advise
his superiors that the City of Sanger is not satisfied with their previous service. the
time limit to get help and emergency response are issues they need to address.
Mr. King assured Mayor and Council that all these issues will be taken care of.
5. Consider and Possible Action to Award Bids for Repainting Acker Street Water
Storage Tank.
Mark Hill -Consulting Engineer with Hunter &Associates -addressed Council on
bids for repainting the water storage tank. Mr. Hill indicated the bid was on two
different type systems on Acker Street.
The first system was hydroblasting of the existing paint removes loose paint and then
an overcoat is painted over it. The second system is a chemical removal of the
paint. This removes all the paint to the bare metal, then it will lightly sandblast to
remove any rust or metal scale that might be left. Then a painting system is applied
over it.
Seven bids were received:
CC MINUTES
02/23/98
Company Name System 1 System 2
Cherokee Painting $299700 $659000
Don L. Owen Inc. $219186 $829750
Advantage Contract $299934 $87,934
UJ Industrial Coatings $359800 $939000
N.G. Painting $469900 $1569000
Blue Ribbon Lining $649000 $163,000
TMI Coatings $54,190 $2209000
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bid was Cherokee Painting for $65,000 from Jacksonville, Texas. Preconstruction
conference will be set if they are awarded the bid. The main concern is the tank
will be emptied.
Discussed was the time it will take complete the project, and how the water will be
diverted so there would not be any water shortage.
Discussed was the warranty. Mr. Hill indicated on this project it was one year.
Hunter's would come and conduct and inspection nspection at 11 months before the warranty
expires. The paint it will have a warranty of 5 - 10 years depending on the
manufacturer.
Mr. Hill also indicated that they will conduct 3 inspections. First inspection will be
after the tank is cleaned and sandblasted to check the bare metal. The second
inspection will be after application of prime coat to determine thickness and to check
for pin holes. The third inspection will be conducted after the application of the
final coat.
Mr. Hill also assured Council that they will make sure all the lead paint is removed.
He also indicated that the State does require annual inspections to be conducted on
water storage tanks.
Motion was made by Councilman Frazier to Accept Bid from Cherokee Painting for
Sandblasting from Jacksonville, Texas, in the amount of $65,000 - 130 calendar
days. Seconded by Councilman Kincaid.
Motion Carried unanimously.
6. Conduct Public Hearing to Conside
property legally described as Sullivan
located on 8th Street.
r a Zoning Change from SF-4 to SF-4A on
West Block 4 (bottom half). Said property is
Mayor Coker Declared Public Hearing Opened.
No one spoke for or against.
CC MINUTES PAGE 6
02/23/98
Mayor Coker Declared Public Hearing Closed.
7. Consider and Possible Action Regarding Zoning Change from SF-4 to SF4A on
property legally described as Sullivan West Block 4 (bottom half). Said property is
located on 8th Street.
Motion was made by Councilman Kincaid to Grant the Zoning Change.
(Councilman Kincaid later amended the motion.)
City Secretary addressed Council on the circumstances that lead Mr. &Mrs.
Iiiigliea to pui'�ue tiie Zuiliilg gild V ill-iillll;e l elyLleSL pl for tv r cpiattiilg rile ii�t. T lie
property will have to be replatted; however, they were concerned that if they did the
replat and were out the expense that possibly the zoning change or variance from
the Board of Adjustment might not be granted. Mr. &Mrs. Hughes both
understand that the City will not issue a building permit until the property has been
replatted.
Councilman Kincaid amended his motion to read:
Motion was made by Councilman Kincaid to Grant the Zoning Change Contingent
Upon the Filing of the Replat. Seconded by Councilman Jenkins.
Motion Carried unanimously.
8. Consider and Possible Action Regarding Economic Development Sales Tax.
Julia Beavers addressed Council. She advised that there has been progress through
volunteer work. They have received some more donations. They will have the lights
put up, and they will receive some more donations for the scoreboards.
They hope to have a work day and put up some fence; however, they can not get to
the other fields until more funds are received.
Mayor Coker asked if their group is prepared to work to try to get this tax passed.
Mrs. Beavers indicated their group is in support of the tax. She indicated they are
prepared to have public meetings to inform the public as well as provide posters.
Discussed was the intent of the use of these funds. Mrs. Beavers indicated they
would like to use the funds for matching funds to apply for a parks grant. Mayor
indicated that the members of the Board of Directors who will be appointed to this
board will be the people who decide how much can be allocated toward parks.
Discussion followed.
Terry Jones also expressed how this type of tax can generate funds that can be
utilized in all parts of the City.
CC MINUTES PAGE 7
02/23/98
Discussed was the one-half of one percent tax for Type 4A, and one-half of one
percent for 4B. Mayor explained in detail the different uses of these funds for each
tax.
Jay Beavers also expressed his support of this tax to Council.
Dorothy Nubine inquired if this tax would affect property taxes.
Mayor Coker indicated this does not affect property taxes.
1virS. 1�TubiiiC iiidi%ated she wuuid Siippul i the tax as ivng aS Cviiia%ii dv^es iivt fv^r get
the east side of the tracks.
Motion was made by Councilman Frazier to Call for the Election of Sales and Use
Tax for 4A One -Half of One Percent and 4B One -Half of One Percent. Seconded
by Councilman Jenkins.
Motion Carried unanimously.
9. 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 -
1) Discussion of City Administrator Position.
10. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result
of item discussed in Executive Session.
City Council postponed the Executive Session.
11. Any Other Such Matters.
a) Mayor Coker advised he had received a donation today which the first part
came in to the Fire Department, and second part was $1500.00 to Parks
Department for landscaping.
b) Mayor Coker advised that Mr. Keesler's last day was tonight, March 2,
1998, after the Council meeting.
c) Mayor also advised they have advertised for the City Manager's position, and
they are still accepting applications. It has been advertised in the TML
magazine and applications will be received in the next 30 days, and possibly
they can begin screening applicants.
11. Meeting Adjourned.
MINUTES: City Council Workshop
March 2, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice
Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman
Jerry Jenkins
OTHERS
PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, City
Auditor Bill Spore
1. Mayor Coker Called the Meeting to Order.
2. Discussion of Fiscal Year 1996-1997 Audit.
City Auditor Bill Spore discussed our year end audit. Mr. Spore went over the
revenues and expenditures. He explained how general grant fund revenues had to
be shown in the budget as an expense. He did recommend that the best thing to do
is to allocate the grant funds into the budget when the funds are received.
Mr. Spore discussed in detail assets and liabilities. He discussed depreciation of the
water department and electric department. These two departments are treated just
like a business in regards to depreciation.
He discussed his recommendation letter, and the need for all purchase orders to be
signed by the department superiors before approval for payment.
Mayor advised City Secretary that this was the same problem as last year. Mayor
stated that in the future not to pay a purchase order unless it was signed by the
department head.
3. Meeting Adjourned.
MINUTES:
City Council
March 2, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice
Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman
Jerry Jenkins
OTHERS
PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Street
Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie
Branham, City Mechanic Tommy Belcher, Chief of Police Benny Erwin,
Wanda Ervin, Glenn Ervin, Calvin Tipton, J.F. Kelly, Kim Lacey, Steve
Hollingsworth
1. Mayor Coker Called the Meeting to Order. Councilman Kincaid led the Invocation
which was followed by Councilman James leading the Pledge of Allegiance
CONSENT AGENDA
2. a) Approve Minutes
b) Disbursements
City Secretary advised the Minutes of February 23 were not ready. There was also
a problem with Accounts Payable. Both would be available at the next Council
meeting.
3. Citizens Input.
None.
4. Consider and Possible Action to Receive the Audit for Fiscal Year 1996-1997.
Motion was made by Councilman Jenkins to Approve Annual Audit for Fiscal Year
1996-1997. Seconded by Councilman Kincaid.
Motion Carried unanimously.
5. Consider and Possible Action to Adopt Resolution R03-98 Regarding Public
Investment Act.
The Mayor read the Resolution in its entirety.
Motion was made by Councilman Kincaid to Approve Resolution R03-98 -Public
Investment Act. Seconded by Councilwoman Madden.
CC MINUTES
03/02/98
PAGE 2
Motion Carried unanimously.
RESOLUTION R03-98
A RESOLUTION ADOPTING A CITY OF SANGER INVESTMENT
POLICY.
6. Consider and Possible Action Regarding Appointment for Fiscal Year 1997-1998
Audit.
Motion was made by Counciiman Kincaid io Appuiiit Biii Spoie for Fiscal Year
19974998 Audit. Seconded by Councilman Jenkins.
Motion Carried unanimously.
7. Conduct Public Hearing Regarding Submission of Application to Texas Department
of Economic Development/Texas Department of Housing and Community Affairs,
Mayor Coker Declared Public Hearing Opened.
Kim Lacey addressed Council on the funds that are available through Community
Development Block Grant Program, and specifically Texas Capital Fund which is
an Economic Development Program that is administered by the Department of
Economic Development.
The funds in the Community Development Block Grant relate to Water and Sewer
Improvements. These funds will be available in March or April of 1999. The Texas
Capital Fund are funds used for Infrastructure Improvements - Water, Sewer,
Streets, and Drainage to benefit specific businesses who want to locate in our City
to expand and create jobs.
These funds are not matched by the City. It is a job creation program.
Kim indicated they have been contacted by a business in Sanger who is looking to
expand. The site they are looking at is at the end of 1st. Property is frontaged by
FM455 and Spurt 138 (5th Street).
Basically they do not know what lot will be used for the business or how much
money. However, the maximum amount of the grant is $500,000.
There is supposed to be creation of 25 new jobs in order to access these funds.
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03/02/98
Kim Lacey indicated in order to submit the application there must be one job for
every $25,000 that the State will put into the project. Businesses are graded by
points.
The business has to be in the construction stage before the funds are released by
Austin.
Kim advised that they will be notified by State if they get funded. She also indicated
the City can apply as many times as they want. She further stated that the City
must own the improvements. For example, if a street is put in, the City must own
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Discussion followed as to how the grant funds can be used for the infrastructure for
water, sewer, electric, and gas.
Mayor Coker Declared Public Hearing Closed.
8. Consider and Possible Action to Adopt Resolution R02-98 Regarding Finance of
Water Improvements.
Mr. Keesler indicated this is a resolution entered with GNB - to apply for funds for
the renovation of the elevated storage tank on Acker Street and for the construction
of a ground storage tank and telemetry in the amount of $325,000 based at a rate
of 6.5%.
There was $15,000 budgeted this year to be used toward the expense of renovating
the elevated storage tank, and $65,000 was budgeted this year and last year to go
toward the expense of the ground storage tank on Cowling Road. The funds that
are being borrowed is to is to pay off both projects, plus an additional $20,000
needed for Telemetry.
Motion was made by Councilman James to Adopt Resolution 1102-98. Seconded by
Councilman Frazier.
RESOLUTION 1102-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
DENTON COUNTY, TEXAS, AUTHORIZING THE FINANCING OF
WATER IMPROVEMENTS.
Motion Carried with one abstaining -- Councilman Jenkins -Conflict of Interest.
Cu MINUTES
03/02/98
9. Consider and Possible Action Regarding Employment of a Paid Fireman.
f7TTj Mn
Fire Chief Jeff Morris addressed this item and gave a brief report as to the need of
Council to consider hiring a full time fireman for the Fire Department. Jeff
expressed the demand that is now placed on the volunteers. He also indicated the
person could relieve the everyday stress by performing the everyday needs of the
Fire Department. Jeff gave a report on Fire runs and the daily activities of the Fire
Department.
This item was discussed at length. The volunteers in support of this item was Calvin
T iptou, Kelth *TG1T tvu, and Eddie Branh�:n.
Discussed was the qualifications they would require and the salary. Another item
discussed is that this person would be supervised by the City Administrator.
Steve Hollingsworth spoke in opposition to this requests. He indicated he used to
be a volunteer and what he sees is that it is no longer a "fun" organization to be in,
and that until the volunteers can get back to this stage, volunteers will not be willing
to participate.
The Fire Marshall's duties and salary were also discussed. The intent was to use the
salary of the Fire Marshall and let the new employee assume some of these
responsibilities.
Discussion followed. Several concerns were addressed. Such as, the area the
volunteers cover; the runs and time each volunteer puts in; the duties of the Fire
Marshall and quali
Mfications. Item was postponed until Council worked out a
solution on this item.
Mayor Coker appointed Councilman Jenkins and Councilman James to work with
the Sanger Volunteer Fire Department to see if they could come up with more
information in regards to this matter.
10. Consider and Possible Action to Issue Election Order for May 2, 1998.
Motion was made by Councilman Kincaid to Issue Election Order for May 2, 1998.
Seconded by Councilman James.
Motion Carried unani
Mmously.
11. Consider and Possible Action to Appoint Election Judge/Early Voting Ballot Board.
CC MINUTES
03/02/98
PAGE 5
Motion was made by Councilman Jenkins to Appoint Wynema Schertz as Presiding
Election Judge, and that she appoint her Alternate Judge with two additional clerks.
The Presiding Judge shall also serve as Presiding Judge over Early Voting Board.
Seconded by Councilman Kincaid.
Motion Carried unanimously.
12. Consider and Possible Action Approving Ordinance 02-98 Amending Code of
Ordinances Appendix A Fee Schedule Index Article 30.000 Utility Reconnect Fees.
Mr. Keesler addressed this item and advised that the new software could not
distribute the connect fees between water and electric. In order to keep from doing
a step manually we need to change connect fee for both. Presently the City charges
$20.00 for water and $20.00 for electric. This system will automatically charge the
fee, however to simplify the process we need to charge one connect fee for both.
Motion was made by Councilman Jenkins to Adopt Ordinance 02-98. Seconded by
Councilwoman Madden.
ORDINANCE No. 02-98
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY,
TEXAS, AMENDING CHAPTER 11, ARTICLE 11.1603 AND APPENDIX
ARTICLE 30.000 OF THE CITY OF SANGER CODE OF ORDINANCES;
AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN
EFFECTIVE DATE.
Motion Carried unanimously.
13. 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 551.072 Real Estate Transactions and 551.074 Personnel
Matters.
1) Consider Sale or Lease of Real Property.
Mayor Coker convened Council into Executive Session at 8:11 p.m.
14. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result
of item discussed in Executive Session.
CC MINUTES
03/02/98
Mayor Coker reconvened Council into Regular Session at 7.01 p.m.
Mayor Coker indicated the first item discussed had no action taken. The second
item regarded an agreement with Joe Falls.
Motion was made by Councilman Jenkins to Approve agreement with Joe Falls for
the Permit Application #10271-001 as printed. Seconded by Councilwoman Madden.
Motion Carried unanimously.
Fr�?ier
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15. Any Other Such Matters.
1) Mayor Coker publicly wished Mr. Keesler the best in his new job.
2) Department Heads all reported everything was going well.
16. Meeting Adjourned.
MINUTES: Special Called City Council
March 6, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman
Alice Madden, Councilman Mike James, Councilman Jimmy
Frazier, Councilman Jerry Jenkins
OTHERS
PRESENT: City Secretary Rosalie Chavez
1. Mayor Coker Called the Meeting to Order.
2. Executive Session pursuant to the Open Meetings Law, Chapter
551, Govt. Code, Vernon's Texas Codes Annotated, in accordance
,.,; + t, the authorit�� rnnt a i nab i Y1 Gll�Tt . Cndp ._q Prt ion S51.072
Real Estate Transactions.
1) Consider Sale or Lease of Real Property.
Mayor Coker convened Council into Executive Session at 5:00
p.m.
3. Reconvene into Regular Session and Consider Appropriate
Action, if any, as a result of item discussed in Executive
Session.
Mayor Reconvened Council into Regular Session at 6:00 p.m.
Motion was made by Councilman Kincaid to approve Landfill and
Waste Disposal Agreement with IESI. Seconded by Councilman
Jenkins.
Motion Carried unanimously.
4. Meeting Adjourned.
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**** MEMO ****
March 12, 1998
TO: Honorable Mayor and City Council Members
FR: Rosalie Chavez, City Secretary
RE: Preliminary/Final Replat -Eagle Farms Addition
------------------------------------------------------------------------------------------------------------------------
The Planning and Zoning Commission will meet tonight to consider approval of the
preliminary and final replat of the property that is the site of the new Post Office.
I will have their recommendation for you Monday night.
Staff recommends approval.
Citq of
w=v,t �
March 3, 1998
TO: Property Owners
FR: Rosalie Chavez, Ciry Secretary
RE: Variance Request -Rear Setbacks
Preliminary/Final Replat on Eagle Farms Addition
The City of Banger's Board of Adjustment will hold a public hearing on Thursday,
March 12, 1998 at 7:00 p.m., 201 Bolivar, to consider a Variance Request on Rear
Property Setbacks for property legally described as 1.356 Acres out of the Reuben Bebee
Survey, Abstract No. 29, located on Spur 138 (Old Hwy 77), now known as Lot 1,
Block 1, Eagle Farms Addition. This same night, the Planning & Zoning Commission
will conduct a public hearing at 7 * 30 to consider approval of the Preliminary and Final
Replat on this piece of property. The P&Z's recommendation will be sent before the
City Council on Monday, March 16.
This request is being made on behalf of the new proposed Post Office that will be
constructed at this location.
Attached is a variance form and a zoning form for you to sign stating whether or not
you approve of this request. If for some reason you do not approve, or have any
questions regarding this request please plan to attend the public hearing on Thursday,
March 12 and/or Monday, March 16.
I am also enclosing aself-stamped envelope for your reply form. Thanks very much for
your immediate attention to this request.
RC:ck
sos BOLIVAR STREET BANGER, TEXAS 7�� es�-458.7930
P.O. BOX 578 ei�-458.41So FA][
BOA 03/ 12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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:
Signature
Print Your Name Please
Date
ML 03/12/98
CC 03/16/98
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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:
Signature
Print Your Name Please
Date
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REUBEN BEBEE SURVEY,
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BOA 03/12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
Please cheek one:
I approve of the Request
I disapprove of the Request
Comments:
Signature Date
J�SUs-
Print Your I�tame Please
P&L 03/ 12/98
CC 03/16/98
PRELIMINARY/FINAL REPEAT
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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:
►y+� f hit �n W
Signature
tic
Date
Print Your Name Please '`� � � � Q�
a,
Lj
BOA 03/ 12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
Tt t
rlease cnecx QnP.
Comments:
Print Your Name
I approve of the Request
I disapprove of the Request
Date
Ile
P&Z 03/ 12/98
CC 03/16/98
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
ricase cnecK One:
' / I approve of the Request
V I disapprove of the Request
Continents:
Signature Date
Y
Print Your Name Ple se — ---��
BOA 03/12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out %J the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
Piease c''eck one:
I approve of the Request
I disapprove of the Request
Comments:
Print Your Name
Date
M2. 03/12/98
CC 03/16/98
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
L ll�.aiti 1.11�.1.A Vll�..
I approve of the Request
I disapprove of the Request
Comments:
Signature
Print Your Name Please
Date
BOA 03/ 12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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 03/ 12/98
CC 03/16/98
PRELIMINARY/FINAL REPLAT
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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
BOA 03/12/98
VARIANCE REQUEST CHANGE
Property legally described as: 1.356 Acres out of the Reuben Bebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
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:
b
Print Your Name Please
P&Z 03/ 12/98
CC 03/16/98
Property legally described as: 1.356 Acres out of the Reuben ebee Survey, Abstract No. 29,
located on Spur 138 (Old Hwy 77), now known as Lot 1, Block 1, Eagle Farms Addition.
If you disapprove this Request, please be in attendance at the scheduled meeting.
rica�c �aieix one:
_ I approve of the Request
I disapprove of the Request
Comments:
aigiia�uLc
Date
Print Your Name Please
�! ui
**** MEMO ****
March 12, 1998
TO: Honorable Mayor and City Council Members
FR: Rosalie Chavez, City Secretary
RE: Demolition Bid - 117 S. 2nd
------------------------------------------------------------------------------------------------------------------------
The City received only one bid on the demolition of the old Banks house located at
117 S. 2nd.
E.T.'s ODD JOBS $5,850.00
ET'S ODD .LOBS
P.O. BOX 205
400 BOl1VAR ST. �303
BANGER, TX 76266
PHONE AND GAX 940/458-4813
Pf'OpOS31 No.: PAGE 1 OF 1
Date: March 04, 1998
C CITY OF SANGER
� 201 BOLIVAR STREET
� P.O. BOX 578
BANGER, TX 76266
e
n
t
wF PRnPOSE THE
Job Name: TEAR DOWN CONDEMNED HOUSE
Staft Date: OPEN
Job Location: 117 S. 2ND STREET
BANGER, TX 76266
Job Phone: 458-7930
THIS IS A PROPOSAL POR THE TEAR DOWN THE CODE[NNED HOUSE LOCATED AT 117 S. 2ND
STREET AND REMOVE ALL DEBRIS. THIS PROPOSAL DOES NOT INCLUDE ANY ADDITIONAL DIRT
WORK OR TRACTOR WORK AND IS POR THR REMOVAL OP THE HOUSE ONLY.
TOTAL PROPOSED COST: $5,850.00
Adcitional information pertaining to this Proposal
Total Job Cost
for Proposal S5, 850.00
,bb Cost does not include tax, or applicable wrcharges
Authorized
Signature lt'
THIS PROPOSAL IS FOR THE TEAR DOWN AND REMOVAL
OF A HOUSE ONLY. ANY ADDfTIONAL WORK REQUESTED
WILL RESULT IN AN ADDITIONAL CHARGE.
ACCEPTANCE
OF PROPOSAL
CONDITIONS OF PROPOSAL
50;1 i�F PROPOSED COST WHEN SIGNED WITH
THE BALANCE TO BE DUE AND PAYABLE UPON
CONfPLETION OF JOB.
Signature
Si nature Date
CLIENT COPY - TO BE
RETURNED WITH ACCEPTANCE
-------- r-� n , - �- ;-�
�, )
�y `� �� ��
�4� MEMO ****
March 12, 1998
TO: Honorable Mayor and City Council Members
FR: Rosalie Chavez, City Secretary
RE: Friendship Cable Franchise Agreement
------------------------------------------------------------------------------------------------------------------------
Mr. Rodney Fletcher with Friendship Cable will be here to discuss the proposed rate
increase and the franchise. Enclosed is a copy of our old franchise agreement and
what they are currently paying.
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT made and entered into by and between the CITY OF SANGER,
TEXAS, a municipal corporation, hereinafter called "CITY", Party of the First Part, and
STAR CATV INVESTMENT CORPORATION, hereinafter called "TV CABLE", Party of
the Second Part,
wrrrmc eF�ru•
L ♦LL.
WHEREAS, TV Cable of Sanger, has been granted a franchise by the City to operate a
community antenna television system within the City of Sanger, and there is a desire and a
necessity for TV Cable to utilize the poles of the municipal power distribution system of the
City to attach and suspend wires and/or cables to said poles for the distribution and
servicing of the said community antenna television system to the subscribers and customers
of TV Cable within the City Limits of Sanger.
NOW, THEREFORE, in consideration of the premises and covenants herein contained, the
parties hereto for themselves, their successors and assigns, do hereby covenant and agree
as follows:
1. This contract shall only cover the poles owned by the City within the City Limits of the
City of Sanger, and there is no intent to grant TV Cable the right to utilize those poles
within the City Limits of Sanger owned by the Central Telephone Company; and it being
further covenanted and agreed by the parties herein that the space on the poles owned by
the City and which this contract contemplates shall be the uppermost ten (10) feet measured
from the top of the said poles.
2. The terms of this lease shall be for a period of five (5) years, automatically renewable at
the end of that period, for additional five (5) year periods, for a total possible duration of
this lease of fifteen (15) years, beginning the 5th day of July, 1983, unless said lease is
F-7
terminated by one (1) year's written notice by lease hereto, prior to the end of any of the
said five year periods.
3. It being further understood and agreed by the parties herein that the City and the Central
Telephone Company have executed a joint pole contract for which the telephone company
has the right to use the space of forty (40) inches at a distance below the space occupied by
the City, and there is no intent by the City to limit or restrict the use of the space allocated to
the Central Telephone Company under the said pole contract. TV Cable acknowledges
notice of the said pole contract with the Central Telephone Company and covenants to stay
within the uppermost ten (10) feet measured from the top of the pole, being that portion
reserved by the City in its contract with the Central Telephone Company, and to maintain
clearance as required by specifications for such clearance as hereinafter set forth from both
the City's wires and the wires of the Central Telephone Company and to not interfere with
the Central Telephone Company's use of said poles.
4. TV Cable covenants to comply with national standard requirements in installation and
maintenance of its wires, cables and attachments on the City's poles, said standards being
set forth in the Current National Electrical Code, adopted by the National Fire Protection
Association, and to further cooperate with the City and the Central Telephone Company in
proper utilization of the right -of --way and easements owned or held by the City for its
power line installations. TV Cable further covenants that in addition to the requirements set
out in the herein referred to National Electrical Code, to use good engineering standards
d techniques as are recognized within the electrical engineeri
ng, ng, communications and
community antenna television system fields.
5. TV Cable shall pay a rental of $3.50 per annum per pole to the City for each pole
utilized by TV Cable in its distribution system. Rental payments hereunder shall cover
rentals assuring during the calendar year and as occupied on the 31 st day of December, and
an accounting shall be made by a representative of each party herein during the month of
F-8
l
December to determine the total poles utilized by TV Cable and the annual payment
therefor.
TV Cable covenants to pay the City by the 15th day %J January the annual installment due
for the prior year; however, it being further understood and agreed by the parries herein that
should TV Cable not utilize said poles for a complete yeaz, then said cost shall be prorated
for that portion of the yeaz which TV Cable used said poles.
6. It being further provided and understood that the City is not obligated to install or
construct additional facilities or poles for the benefit of TV Cable, but that TV Cable accepts
the City's installation as is. However, should the City install additional poles at the request
of TV Cable, reimbursement and payment for the cost of said installation shall be further
negotiated or charges made by the City based upon the cost of material and installation or
construction in place.
7. TV Cable further covenants to not interfere with the City's use of the said poles and
acknowledges that the predominate use of the said poles is for the City's power line
distribution system and TV Cable's use of the same is subordinate and second to the City's
in the uppermost ten (10) feet of the said poles and as provided for heretofore in this
contract.
8. It being further understood, provided and agreed by the parties herein that should it
become necessary for TV Cable to secure additional right -of --way and/or easements or to
cleaz same, that it will be TV Cable's responsibility in both securing and maintaining said
right-of-way and easements, paying for same as necessary and maintaining said right-of-
way and easements, and that the City shall not be responsible for any cost or liability
concerning same.
9. TV Cable covenants to hold the City harmless for any damages or claims for injuries,
either to employees, subscribers, or for any injury to property, or to any other person or
persons arising out of the joint use by TV Cable of the poles owned by the City and utilized
under this agreement or due to the proximity of the wires, cables or fixtures owned or
utilized by TV Cable as contemplated within this contract.
10. It being further understood and agreed by the parties herein that TV Cable shall not
sell, assign or dispose of this agreement or any rights or interest thereunder without the
written consent of the City, however, that nothing herein shall prevent or limit the right of
TV Cable to mortgage any or all of its rights, property or franchise. However, any
collusion by TV Cable in an attempt to assign or otherwise dispose of this contractor any
rights or interest thereunder by any sham or fraudulent mortgage shall automatically cancel
this contract as to the City, but shall not relieve TV Cable of all liability thereunder.
1 1. This contract shall not limit or affect TV Cable's liability for assessment and payment
of taxes lawfully levied on its property or for payments as provided for in the franchise
between said parries. It being further understood and agreed that this pole contract is
likewise in contemplation and in connection with the franchise granted by the City to TV
i
Cable.
12. It being further understood and agreed that the cancellation or termination of the
franchise granted by the City to TV Cable, reference hereto made for all intent and
purposed, shall automatically cancel this pole contract except to all liability owed by TV
Cable to the City for claims or pole rentals due the City on the termination of said ordinance
and pole contract; however, it being further understood and agreed that during the term of
the franchise that should it become undesirable because of engineering requirements for TV
Cable to have its wires, cables and attachments on the City's poles, or that TV Cable has
violated this contract and/or its franchise, that TV Cable shall remove said wires, cables and
attachments from said poles within six (6) months after written notice by the City to TV
Cable of Sanger, at its registered post office address at Texas.
VaTNESS OUR HANDS, this the 5th day of July, 1983.
ph B. Cole,Mayor
ATTEST:
(1 I&L Jo Stover
Mary Jo Stover, City Secretary
ORDINANCE # 09-94
TRANSFER CABLE TELEVISION FRANCHISE FROM
GALAXY CABLEVISION, L.P. TO FRIENDSHIP CABLE OF TEXAS, INC.
AN ORDINANCE PROVIDING FOR AND APPROVING THE TRANSFER
OF THE CABLE TELEVISION FRANCHISE IN THE CITY OF SANGER
THE "CITY") GRANTED PURSUANT TO ORDINANCE #83-8, DATED
DULY 5, 1983, (TIE "FRANCHISE ORDINANCE"); AMENDING THE
FRANCHISE ORDINANCE IN CERTAIN RESPECTS; PROVIDING FOR
PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERABILITY;
AND PROVIDING THE EFFECTIVE DATE.
WHEREAS, by the Franchise Ordinance, the City has granted to Galaxy Cablevision,
L.P., as assignee of Star CATV Investment Corp., the right, among other things, to operate a
cable television facility within the municipal boundaries of the City,
WHEREAS, Galaxy Cablevision, L.P. has requested that the City approve the proposed
transfer by Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc., a Texas Corporation,
or the Franchise Ordinance; and the City is willing to consent to such transfer.
NOW, THEREFORE, BE IT ORDAINED BY THE FRANCHISING AUTHORITY
OF THE CITY.
Section 1. Transfer of Franchise Ordinance. Pursuant to Section 14 of the Franchise
Ordinance, consent and approval by the City of the transfer of the Franchise Ordinance from
Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc. is hereby granted. The Mayor,
Council President, or Presiding Officer of the City and any person designated by the Mayor,
Council President, or Presiding Officer are hereby authorized to execute all instruments,
documents and agreements in the name of and on behalf of the City which are necessary or
desirable in connection with the sale from Galaxy Cablevision, L.P. to Friendship Cable of
Texas, Inc. of the cable television facilities serving the City, including, without limitation, the
Consent to Assignment attached hereto as Annex 1.
Section 2. Effective Date. This Ordinance shall be effective upon the closing of the sale
from Galaxy Cablevision, L.P., to Friendship Cable of Texas, Inc. of the cable television
facilities serving the City.
Section 3: Inconsistency. In the event any of the terms and provisions of any other
ordinance or regulation of the City are inconsistent with the terms and provisions of this
Ordinance, the terms and provisions of this Ordinance shall govern and control.
Section 4. Publication. The City Secretary is hereby directed to publish the caption of
this Ordinance at least once in an official newspaper in the City, as authorized by Statutes.
Signed on this the 2nd day of May, 1994.
ATTEST:
Rosalie Chavez, City Secretary
City of Sanger, Texas
Nel Armstrong
Mayor, City of Sanger
01
F-11.1 Supp. No. 1
ORDINANCE NO..
AN ORDINANCE GRANTING A FRAIdCHiSE TO
FRIENDSHIP CABLE OF TEXAS, INC., A TEXAS
CORPORATION, ITS SUCCESSORS AND
ASSIGNS, TO BUILD, CONSTRUCT, OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM
IN THE CITY OF BANGER, TEXAS, I.CI�"ATF,[�
IN THE COUNTY OF DENTON, AND SETTING
FORTH CONDITIONS ACCOMPANYING THE
GRANTING OF THIS FRANC'HISF.4
BE IT ORDAINED BY THE I'IJOPLE OF THE CITY OF BANGER, TEXAS:
SECTION I --TITLE
This ordinance shall be known and may be cited as CATV Franchise Ordinance.
SUCTION L=-DEFINITIONS
For the purpose of this Ordinance, and when not inconsistent with the
context, words used herein in the present tense include the future; words in plural include
the singular, attd vice versa. The word "shall" is always mandatory. The captions supplied
herein far each section are for convenience only. Said captions have na farce at law, are
not part of the section, and are not to be used in construing the language of the section. The
following terms and phrases, as used herein, shall be given the meaning set forth below:
(A} "Basic Cable Service" is any service tier which includes the retransmission of local
television signals and any service tier that includes satellite delivered basic cable programming
services.
(B} "Cable television system" or "CATV System" or ''cable system" is a facility
consisting of a set of closed transmission paths and associated signal generation, reception
and control equipment designed to provide video and other programming and information
to subscribing members of the public.
{C) ty" is the City oi' Sanger, a municipal corporation under the laws of the
State of Texas.
(D> "Grantee" is Friendship Cable of Texas, Inc., a corporation organized and
exlyrlting {1i1�1inr1 Lliy l{ih� Vf C11G �71«� (jl ��R , 0 li0'lll;f L111uC1 fells
franchise.
(E} "City Council" is the City Council of the City of Sanger, Texas, or its
designated representative.
{P) "Federal Communications Commission" or "FCC" is the present 1~tx�eral agency
of that name as constituted by the Communications Act of 1934, or any successor agency
created by the United States Congress.
(G) "Person" is any individual, firm, partnership, association, corporation, company
or organization of any kind.
(H) "Gross Subscriber Revenues" shall include all recreipts derived by Grantee from
charges for Basic Cable Service, Pay Cable Service and Installation of Basic and Pay Gable
Service. It shall not include bad debtor any refunds or credits made to subscribers ter any
taxes irripased upon the services furnished by Grantee.
(I) "Pay Cable Services" are those satellite delivered premium services supplied on
a single channel basis for a monthly fee.
2
SECTION 3--GRANT OF AUTHORITY
There is hereby granted by the City to Grantee the right and privilege to construct,
erect, operate and maintain in, upon, along, across, above, over, or under the streets, alleys,
public utility easements, public ways and public places now laid out or dedicated and all
extensions thereof and additions thereto in the City, all poles, wires, cables, underground
conduits, manholes and ocher conductors and fixtures necessary for the maintenance and
v�ad�tvii ,►, u►G Vi�y V, i! tiilulC IG1GViSiU[1 5y5texTl roe the transmission Of telCViSion signals
and all other signals, including those permitted by the FCC, either separately or upon
or in conjunction with any public utility maintaining the same in the City, with ail of the
nec:eSs�ry and desirable appliances and appurtenances pertaining thereto. Without limiting
the generality of the foregoing, this franchise and grant shall and does hereby include the
right in, over, under and upon the streets, sidewalks, alleys, public utility easements and
public grounds and plates in the City to install, erect, operate or in any way acquire the use
of, as by leasing or licensing, all lines and equipment necessary to a cable television system
and the right to make connections to subscribers and the right to repair, replace, enlarge and
extend said lines, equipment and connections.rights herein granted for the purposes
set forth shall not be exclusive, and the City reserves the right to grant a similar use of said
streets, alleys, public utility easements, public ways and places to any person az any time
during the period of this franchise.
5E(;TION 4--POLICE POWERS
Grantee shall at all times during the term of this frayhise be subject to all lawful
exercise of the police power of the City. The right is hereby reserved to the City to adopt,
in addition to the provisions herein contained and any other existing applicable ordirl"es,
such additional applicable ordinances as it shall find necessary in the exercise of its polio
power; provided, however, that such additional ordinances shall be reasonable, shall not
conflict with or alter in any manner the rights granted herein, and shall not conflict with the
laws of the State of Texas, the laws of the united States of America, or the rules, regulations
and policies of the FCC.
SECTION �--INDEMNIFiCATION
Grantee shall save the City, its officers, agents and employees harmless from all loss
sustained by the City an account of any suit, judgment, execution, claim ar demand
whatsoever against the City resulting from negligence on the part of Grantee in the
construction, apc�ratian or maintenance of its cable television system in the City; and for this
purpose Grantee shalt carry property damage and personal injury insurance with some
responsible insurance company or companies qualified to do business in the State of Texas.
The amounts of such insurance to be earrieci for liability due to property damage shalt be
$50p,()00 as to any occurrence; and against liability due to injury to ar death of person,
$SQ0,000 as to any one person and $1,000,OOQ as to any one occurrence. The City shall
notify Grantee, in writing, within ten (10) days after the presentation of any claim or
demand, either by suit or otherwise, made against the City on account of any negligence as
aforesaid on the park of Grantee. Where any such claim or demand against the City is made
by suit or other legal action, written notice thereof shall be given by the City to Grantee not
less than five (5) days prior to the date upon which an answer to such legal action is due or
within ten (10) days after the claim or demand is made upon the City, whichever
2
notice period yields Grantee the larger amount of time within which to prepare
an answer. Failure by the City to notify Grantee properly in accordance with the foregoing
of any such claim, suit, or demand against the City shall release Grantee from its obligation
to indemnify the City as provided herein,
S CTI()N 6--CCINSTttUCTIVN AND MAINTENANCE
(A) All structures, lines and equipment erected by Grantee within the City shall be
so located as to Cause minimum interference with the proper use of streets, alleys, public
utility easements and other public ways and places and to cause minimum interference with
the rights of reasonable convenience of property owners, and Grantee shall comply with all
reasonable, proper and lawful ordinances of the City now or hereafter in force. Existing
poles, posts, conduits, and other such structures of electric power system, telephone
company, or other public utility located in the City shall be made available to Grantee far
leasing or licensing upon reasonable terms and rates and shall be used to the extent
practicable in order to minimize interference with travel and avoid unnecessary duplication
of facilities. The City shall actively assist Grantee to the fullest extent necessary in obtaining
reasonable joint pale or conduit use agreements from the owners of existing poles or
conduits. To the extent that existing poles, posts, conduits, and other such structures are not
available, or are not available under reasonable terms and conditions, including excessive
cost or unreasonable limitation upon the use of Grantee's cable television system, Grartt�ee
shall have the right to purchase, lease, or in any other manner acquire land, rights -of -way,
or public utility easements upon or under which to erect and maintain its own pales,
S
conduits, and other such structures as may be necessary for the construction and
maintenance of its cable television system.
(B) In case of any disturbance by Grantee of pavement, sidewalk, driveway or other
surfacing, Grantee shall, at its own cost and expense and ir>f a manner approved by the City,
replace and restore all paving, sidewalk, driveway or surfre so disturbed in as good
condition as before said work was commenced.
(C} In the event that at any time during the period of this franchise the City shalt
lawfully elect to alter or change any street, alley, public uty easement, or other publway
requiring the relocation of Grantee's facilities, then in such event Grantee, upon reasonable
notice by the City shall remove, relay and relocate the same at its awn expense; provided,
however, that where public funds are available for such relocation pursuant to law, Grantee
shall not be t�equired to pay the cost.
(D) Grarttee shall, on the request of any person holding a building moving permit
issued by the City, temporarily raise or lower its lines to permit the moving of the building.
The expense of such temporary removal shall be paid by the person requesting the same,
and Grantee shalt have the authority to require such payment in advance.
(E) Grantee shalt have the authority to trim trees and/or shrubs upon and/ar
overhanging all streets, alleys, public utility easements, sidewalks and public places of the
City so as to prevent the branches of such from coming into contact with Grantee's facilities.
(F) Al( poles, lines, structures and other facilities of Grantee in, on, over and under
the streets, sidewalks, alleys, public utility easements and public grounds or places of the City
shall be kept by Grant; at all times in a safe and substantial condition. All equipment,
lutes, poles, structures, cables and other facilities installed in the City as being a part o#'
Grantee's distribution system, up to and including that part of the system installed within the
individual residences or commercial buildings of the City, shall remain the sale property of
Grantee, unless sa otherwise stated.
(G) Grantee shall extend its distribution system so as to service the people within
.L _ ...
cne rranchise area, R-iawever, Grant,�e shah not be required to extend such distribution
system to arty potential subscriber who is located in an isolated area from the main trunk
system, unless Grantee can be guaranteed a fair rate of return as per industry standards t?y
those subscribers who request the extension of the distribution system into such areas.
SECTIQN 7--APPLICABLE LAW
This franchise is gavemed by and subject to ail applicable rules, regulations and
policies of the Federal Communications Commission and by the laws of the State of Texas.
SEGTI4N 8--FRANCHISE TERM
This franchise shall take effect and be in full force and effect immediately and shall
continue in full force and effect for a term of fifteen (IS) years from July 5, 1998, said date being
the expiration of existing franchise ordinance by and between the City of Sanger and Friendship
Cable of Texas, Inc., through assignment.
SECTIr7N 9--RENEWAL PROCEDURE
ey mutual consent, the Grantee shall have the option to anew this franchise for an
additional period not to exceed fifteen (15) years. Should Grantee desire to exercise
this option, it shall so notify the City in writing, not less than three {3} months prior to
expiration of this franchi�.
7
���1;:�,
SECTION 10�-FORFEITURE
If Grantee should violate any of the terms, conditions, or provisions of this franchise
or if Grantee should fail to comply with any reasonable provisions of any ordinance of the
City regulating the use by Grantee of the street, alleys, public utility easements or public
ways of the City, and should Grantee further continue to violate or fail to comply with the
same for a period of thirty (30) days or such longer period specified by the City as is
reasonable under the circumstances, after Grantee shall have %eeen notified in writing by the
City to cease and desist from any such violation or failure to comply so specified, then
Grantee may be deemed to have forfeited and annulled and shall thereby forfeit and annul
ail the rights and privileges granted by this franchise; provided, however, that such forfeiture
shall be declared only by written decision of the City Council after an appropriate public
proceeding before the City Council affording Grantee due process and full opportunity to
assess the evidence used in rendering said declaration and to be heard in response to any
such notice of violation or failure w comply; and provided further that the City Council may,
in its discretion and upon a finding of violation or failure to comply, impose a lesser penalty
than forfeiture of this franchise or excuse the violation or failure to comply upon a showing
by Grantee of mitigating circumstances, Grantee shall have the right to appeal any finding
of violation or failure to comply and any resultant penalty to any court of competent
jurisdiction. In the event that forfeiture is imposed upon Grantee, it shall be afforded a
period of six (6) months within which to sell, transfer, or convey this cable television system
to a qualified purchaser at an equitable price based on the fair market value of the
franchise itself and the cable system as a going concern. Reasonable extensions of time i sonn
which to effect said sale, transfer or conveyance shall be granted by resolution of the City
Council. During this six (6) month period, which shall run from the effective date of the
final order or decision imposing forfeiture, including any appeal, Grantee shall have the right
to operate this cable system pursuant to the provisions of this franchise.
SECTION 11 -- SURRENDER RIGHT
Grantee may surrender this franchise at any time upon tiling with the City C punc iJ
of the City a written notice of its intention to da sa at least three (3) months before the
surrender date. Un the surrender date specified in the notice, all of the rights and privileges
and all of the obligations, duties and liabilities of Grantee in connection with this franchise
shall terminate.
SECTION l2-TRANSFERS
All of the rights and privileges and all of the obligations, duties and liabilities created
by this franchise shall pass to and be binding upon the successors of the City and the
successors and assigns of Grantee; and the same shall not be assigned ar transferred without
the written approval of the City Council, which approval shall not be unreasonably withheld;
provAded, however, that this Section shall not prevent the assignment ar hypothecation of
the franchise by Grantee as security far debt without such approval; and provided further
that transfers or assignments of this franchise between any parent and subsidiary corporation
or between entities of which at least fifty percent (50�) of the beneficial ownership is held
by the same person, persons, or entities, or entities which are controlled or managed by the
same person, persons, or entities, shall be permitted without the prior approval of the City
z
Council.
SECTION 13--FItANCH15E FEE
In consideration of the terms of this franchise, Grantee agrees to pay the City a sum
of money equal to three percent (3%) of Grantee's Gross Subscriber Revenues per
year. Such annual payment shall be paid within ninety (90) days thereafter. Ail other
license fees or taxes levied upon Grantee by the City shad be credited against the payment
required herein.
SECTION 14--EFFECTIVE DATE
11115 lJ�tllllit[t4:f: 5ndU C1tX:UlI1C CIiCGC1VC (3CC �JCL:CIUiI � [1CICli1 itliU UUtll Vl'iiiiCCG iil1U l.ltjl
steal! accept all terms and conditions to create a valid and binding contract between the City and
Grantee.
SECTION 15--UNLAWFUL ACTS
(A;} It shall be unlawful for any person to intercept or assist in intercepting or
receiving, whether physically, electrically, acoustically, inductively or otherwise any television
signals, radio signals, pictures, programs, sounds or any other information, impulses or
intelligence transmitted over Grantee's cable system without full payment to <;rantee or its
lessee by all parties receiving service. For purposes of this provision "assist in intercepting
or receiving" steal! include the manufacture or distribution of equipment intended by the
manufacturer or distributor far unauthorized reception of any communications service
offered over a cable system.
(B) It shall be unlawful for any person, without the consent of the Grantee, to
wilifull.y tamper with, remove, or injure any cable, wires, or other equipment used for the
10
distribution of television signals, radio signals, pictures, programs, sounds, or any other
information, impulses, or intelligence transmitted over Grantee's cable system.
(C) It shall be a misdemeanor punishable by a tine of not more than Five Hundred
Dollars ($500.00), or by imprisonment for a term not to exceed six (b) months, or Dom, for
any person to violate any of the provisions of this Section.
(D) The prohibitions, penalties and remedies set forth in this Section are in addition
to the prahibitiotts, penalties and remedies for theft of cable service provided by federal and
state law.
SECTION 16-�N(�TICE ADDRI~SSES
V4�hen in this Ordinance notice is provided to the other party, such native shall be in
writing and ,given by mailed letter or by personal delivery
Ta Ciry: City at Sanger
P. 0. Box 578
Sanger, Texas 76266
To Crrantee: Attu: Legal Department
Mendship Cable of Texas,
Personal Delivery:
201 Bolivar Street:
Sanger, Texas 76266
Inc:
ar at such other location as either patty may designate from time to time in writing.
SECTiOiV' 17--SEVERABII~ITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
far a#ly reason held invalid or unconstitutional by any Federal or State court or
administrative or governmental agency of competent jurisdiction, specifically
including the FCC, such portion shall be deemed a separate, distinct and independent
**** MEMO ****
March 12, 1998
TO: Honorable Mayor and City Council Members
FR: Rosalie Chavez, City Secretary
RE: Amendment to 97-98 Budget
------------------------------------------------------------------------------------------------------------------------
L->a 1"C1:V111111C11UCU V�' VUl" l.r L-� WC 11CCU LV 1111:1UUC 111C Gi1111G caNcllac 1Vl liQ�111.n1
Improvements for the water storage tank on Cowling Road, and the renovation of
the elevated tank on Acker Street. This amendment in its entirety would include an
expenditure of $458,135.00.
We have borrowed $325,000.00 from GNB plus we have an additional $53,135.00
to go towards this Capital project. The budget will have a footnote added that these
were funds that were transferred in from a loan. The 19974998 budget includes a
budgeted amount of $80,000.00 already.
**** MEMO ****
March 12, 1998
TO: Honorable Mayor and City Council Members
FR: Rosalie Chavez, City Secretary
RE: Proclamation POl-98 -Sexual Awareness Month
------------------------------------------------------------------------------------------------------------------------
The nenioa: Cvua:ty ;'rac..ds .^,f the ia'aa-nii3' u.ch year as'.:s the ;urrvu�:uia:g
communities to support them in their efforts to promote education regarding sexual
abuse. The attached proclamation is proclaiming April 1998 as "Sexual Awareness
Month".
• • • 1rmiRfti
Whereas, sexual assault affects every person in Sanger either
as a victim/survivor of sexual assault or as a family member,
significant other, friend, neighbor, or co-worker; and
Whereas, this year's theme, "Standing Together Against Sexual
Violence", unites our richly diverse state and is characterized by
our need to come together to confront the enemy which exists in all
ur communities; and
o
Whereas, many citizens of Sanger are working to provide
quality services and assistance to sexual assault survivors, and
Denton county Friends of the Family, Inc. has 39 volunteers who
IsmIn etaff their 24-hnu_r hotline, respond to emergency calls and
offer support, comfort, and advocacy during medical exams and
criminal justice proceedings, and
Whereas, Denton County Friends of the Family's volunteers and
staff promote sexual assault awareness and avoidance by offering
educational programs to schools, churches, and civic organizations,
as well as professional training to medical, mental health, law
enforcement, education, and criminal justice personnel regarding
sexual assault issues, and
Whereas, Denton County Friends of the Family, other sexual
assault programs, and other professionals and advocates of non-
violence have joined together as the Texas Association Against
Sexual Assault (TAASA) to support each other in our work and to
provide Sanger and the State of Texas and our citizens with a
central source of information on sexual assault; and
Whereas, during the month of April, Denton County Friends of
the Family will be intensifying efforts to promote public
understanding of sexual violence and victims of sexual violence,
and Denton County Friends of the Family will be emphasizing the
need of citizen involvement in efforts to reduce sexual assault
through public education and changing public attitudes; and
Whereas, Denton County Friends will also be working to
publicize their services, increase community support for their
agency, and increasing awareness of the healing potential for
survivors;
Therefore, I, as Mayor of the
proclaim April, 1998 as SEXUAL ASSAULT
Rosalie Chavez, City Sec
1�safli4fl►iJl!/1�,��i
City of Sanger, do hereby
John W. Coker III, Mayor