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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. 7 Tli criiaci nn of ("'i 1-v Ar3mi ni �trat-�r' � PC)Sltl�n. .... �.... �. ....... .... ........... ... ... ...... ...1 ._�_..____� _____ _- ._ _. _. 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, G lPnn Frvin. Dnrothv NnhinP �______ �_ . ___, y �_ ___, _ ,w�___. 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 CC MINUTES 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 TT____L__. O ♦ ...,....5.,� .1,..1 1... Q..n{i.... 'f nh is 4n4n1 .+mm�v� '1'hn law IIUIl1C1" QG L-1J,VGlQlea 1Cl:Uli1�11e11UCU tliG �yawil► fir, whi�,u au waui ia.aaay.ul. ..�. 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. CC MINUTES PAGE 3 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 tl<� im <•�<>mm�ntc �.11<i illlpl V � lilll<..11 L�1• 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 d�.:ri::g this of the meeting), �Councnl:::un .`�.bcent part 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. 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D {F NO INHUM tt!s,E DII - 'fL.S!:CH L #ru i}S•wr i'=I�".i f5 v.��. **** 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 0 63 \ �. "' �33 3 ��.. `� 6 a a � � ., �3�,c' ��� o' 'K� 3133 ��� � .�� /�3 }-1 W `! . /38 •- � -�, I L !39 P ��I I v � I � g 1 � S � _ ' �Y Bi ��'3 V a. 5 S -r Peh �83.0' �a����. p,0� y s[r ln• eforr vlt. `TO \�Vjo\OXJ G� Ott �'�3 \\ R = 1690.00' AL = 68.00' Ch N 49'05'44W s cO/~C ell, LOT 1 BLOCK 1 1.356 ACRES 59091 SQ. F'T. REUBEN BEBEE SURVEY, ABSTRACT N0. 29 EAGLE FARMS, INC. (CALLED) 108.49 ACRES CC# 97-RO079930 R.P.R. 11112197 \00 o 0J� Oc�• 67.99' Or fy \ `ram... pQ. ZONE I—t i \J ZONE i— t 1, G� iNE DESC.= PROS= SHCw GARY REGr_ jTAI� APPR SANGc CHAIF. cm . � = 11'33'16" • R = 1090.00' AL = 219.81' Ch N 41433'530W 219.44• Fes. RO ,x z t "ag�a ; ANoANL � m N L rn N p6'S7'20'N' 98.09' '- C 7TH SMET � a a z � a a � (� a ti�.� 8TH STREET a! .WD i rr a 0 i eon m v Cni n 7� A jpc AWN .44 Mftn ks gHU 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