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01/05/1998-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, JANUARY 5, 1998 7:00 P.M. COUNCIL ROOM = 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements 3. Citizens Input. 4. Presentation by Sanger Summer League. 5. Presentation by Sanger Evening Lions Club. 6. Consider and Possible Action to Appoint Fire Chief, and Assistant Fire Chief. 7. Consider and Possible Action to Adopt Ordinance No. O1-98 Amending Sanitation Rate. 8. Consider and Possible Action to Approve Interlocal Agreement between City of Denton and City of Sanger for Ambulance Service, 9. Consider and Possible Action to Approve a Tax Abatement Agreement with United Copper Industries. 10. 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 Deliberation Regarding Real Property. a) Consider Sale and/or Lease of Real Property. 11. Reconvene into Regular Session and Consider Action, if any, on the above item. 12. Any Other Such Matters, 13. Adjourn, Rosalie Chavez, City Secretary Date and Time Posted MINUTES: City Council Workshop December 1, 1997 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. 2. Discussion regarding Possible Sale and/or Lease of Real Property. Mr. Keesler addressed this item. He indicated that he was contacted by AT&T Wireless Service with regards to placing their antenna on the City's water tower located on Keaton Road. AT&T representative has offered $450.00 per month to lease the tower. Mr. Keesler indicated AT&T would increase it by 15 % each 5-year renewal date. They would be responsible for paying all the utilities. This item was discussed at length. Council agreed that Mr. Keesler should contact other phone companies to see if they are interested in leasing space at the water tower. Mr. Keesler also advised Council that he was contacted by Mr. John Springer who Wan interested in buying the Old Library building. Item discussed. 3. Meeting Adjourned. MINUTES: City Council Workshop December 15, 1997 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. 2. Discussion regarding Proposed Annexations. Annexations were discussed at length. City Administrator Larry Keesler advised that the City Attorney had advised we could not legally annex Ralph Amyx's property. The proposed property was not contiguous to any property in the City limits, and the width of the 7.494 acre tract was not at least 1,000 feet in the front. Mr. Keesler continued to explain the circumstances as to why the City could not annex this property. The other properties Mr. Keesler discussed included Abram Millar, J.B. Haider, Christ The Great Shepherd and Joseph Powell. The records at the County Clerk's office did not specify metes and bounds for tracts the City wanted to annex. If the City did annex the properties as identified in the public hearings, a surveyor would have to get the metes and bounds for -each of these tracts. Another alternative discussed was to start over and take- all- the property as indicated in the court records and described by metes and bounds. Discussion followed. Consensus of Council that possibly if we did not annex the properties this year, that next year we could give the property owners the opportunity to volunteer to be annexed and then they would be responsible for having the properties surveyed. Otherwise, the City could then continue with annexing the entire tracts of land on these properties. 3. Any Other Such Matters. 1) AT&T proposal for option to place wireless communication antennas on the water tower on the west side of Interstate 35 was discussed at length. 2) The old Library was also discussed. City Administrator asked for direction as to whether they could consider the sale of the property. Mr. Keesler advised this would allow them to see what the property would sell for. Consensus of Council to proceed with advertisement for bids. CC MINUTES - WORKSHOP 12/15/97 PAGE 2 3) Another issue discussed was the 1/2 % Economic Development tax. Council discussed that the City could educate the public on the sales tax. The funds would be designated for future recreation and economic development. This would help to solve the problem in completing the parks project. If this was placed on an election ballot the public would decide whether to approve it or not. 4. Meeting Adjourned. MINUTES: City Council December 15, 1997 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, Electric Superintendent Jeff Morris, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, City Mechanic Tommy Belcher, Abram and Zelma Millar, J.B. & Shirley Haisler, Lisa Hardy - Sanger Courier, Al Judkiewicz - Texas Waste Management 1. Mayor Coker Called the Meeting to Order. Councilwoman Madden led the Invocation, followed by Councilman Jenkins leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements Motion was made by Councilman Kincaid to Approve Consent Agenda. Seconded by Councilman Jenkins. Motion Carried unanimously. 3. Citizens Input. None. 4. Consider and Possible Action on Adoption of Annexation Ordinance No. 17-97 and Service Plan of a certain tract or tracts of land as described below: City Secretary read aloud the following legal descriptions: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A -TRACT 204, DENTON COUNTY, TEXAS BEING 12,6408 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 205, DENTON COUNTY, TEXAS BEING 12.64 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 2069 DENTON COUNTY, TEXAS BEING 0.918 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 207, DENTON COUNTY, TEXAS BEING 0.808 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. CC MINUTES PAGE 2 12/15/97 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 208, DENTON COUNTY, TEXAS BEING 2.348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE DOUBLE TWINS ADDITION, PHASE 2, LOT 1, DENTON COUNTY, TEXAS, SUBJECT TRACT BEING LOCATED AT 808 N. KEATON. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A = PART OF TRACT 45, DENTON COUNTY, TEXAS BEING 0.650 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 4799 BELZ ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY WILLIAM SURVEY, ABSTRACT 940A = TRACT 7, DENTON COUNTY, TEXAS BEING 2.00 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1200 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON = TRACT 7, DENTON COUNTY, TEXAS BEING 22.11 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1201 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON = TRACT 26, DENTON COUNTY, TEXAS BEING 29.051 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1901 S. STEMMONS. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS = TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. City Administrator addressed this item. Mr. Keesler indicated that what the Council plans to do at this meeting is to not annex the following properties: Christ the Great Shepherd, Joseph Powell, J.B. Haisler, Abram Millar and Ralph Amyx. The problems that Council encountered in trying to take a small portion of the larger tracts was that there are no metes and bounds on the smaller portions. There are only metes and bounds for the entire tracts of land. The Council can not proceed with annexing the properties unless they had clearly been defined in the Public Hearing as the entire tract. The city can readvertise and put the notice in the paper and define the entire full tract of each of these properties. Mr. Keesler advised that Council wants to give the property owners the chance to get the smaller portion of their properties they want annexed to be surveyed and obtain metes and bounds, and then they can volunteer to be annexed on the smaller portions. If the property owners do not volunteer any property, the City will then pursue annexing the properties discussed to include the entire tracts. CC MINUTES 12/15/97 Discussion, PAGE 3 Motion was made by Councilman Kincaid to annex the following properties as described by City Secretary. Seconded by Councilman James. CITY OF BANGER, TEXAS ORDINANCE NO. 17-97 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY OF THE CITY OF SANGER, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. Motion Carried unanimously. 5. Consider and Possible Action Regarding Texas Waste Management Rate Increase. Al Judkiewicz, Texas Waste Management, addressed this item in regards to a rate increase on Sanitation services of 1.1%. Mr. Judkiewicz discussed the Consumer Price Index average the last 12 months in the DFW area. Mr. Judkiewicz provided a statistical sheet and the new rate schedule effective January 1, 1998 billing. City Council discussed and agreed that the 1.1 % increase needed to be passed on to the customer and not absorbed by the City. Motion was made by Councilman Jenkins that the rate increase of 1.1 % be Approved. Seconded by Councilman Frazier. Motion Carried unanimously. 6. 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 Deliberation Regarding Real Property. a) Consider Sale and/or Lease of Real Property. Mayor Coker convened Council into Executive Session at 7. Reconvene into Regular Session and Consider Action, if any, on the above item. Mayor Coker reconvened Council into Regular Session at 7:25 p.m. CC MINUTES 12/15/97 PAGE 4 1) Mayor advised that the City was considering leasing the water tower for telephone antennas. The lease would be $500 per month with a 5 year lease/ 5 year option with one year cancellation by either party. Motion was made by Councilman Jenkins to Approve as indicated. Seconded by Councilman Kincaid. Motion Carried unanimously. 2) Mayor Coker advised that the old Library building, which is the old Presbyterian Church building, has been estimated to cost $110,000 to renovate. The City does not have this type of money available. The Council would like to put it up for bid for sale. The City does have the right to refuse any bid submitted. The City would like to get public opinion regarding the sale of the property Motion was made by Councilman Jenkins to advertise the sale of the old Presbyterian Church property. Seconded by Councilman Madden. Motion Carried unanimously. Mayor also indicated the Council has been considering a 1/2 % sales tax, of which a quarter of a percent would be designated for the Parks development, and a quarter of a percent for Economic Development which would be 1/2 of a per cent. The City Council has not made a decision. The Mayor indicated he would like some citizen feedback on this issue as well. 8. Any Other Such Matters. 1} Mayor Coker indicated the Sanger Fire Department had their yearly awards banquet last Saturday night, and he wanted to advise Council who received awards. Rookies of the Year EMS Technician Fire Fighter of the Year Distinguished Service Award 20-Year Service Award 0-Year Service Award 5-Year Service Award Rodney Dillon and Jason Jones Council applauded the Volunteers for their hard efforts. Councilman Kincaid also gave appreciation of thanks. 2} Mr. Keesler advised Council that the new Fire Chief is Jeff Morris, Assistant Fire Chief and Training Officer is Keith Newton, and EMS Coordinator is Eddie Branham. CC MINUTES PAGE 5 12/15/97 Councilman Jenkins asked if these appointments have to be confirmed by Council. Discussed. City Secretary advised that in the past Council has confirmed the appointments. Another issue discussed was the paid position for the Training Officer. Jeff Morris advised that Eddie Branham would not be the Training Officer. Keith Newton would be the Asst. Fire Chief and Training Officer. Council to place this on next Council agenda. 3) Mr. Keesler reminded Council of the Christmas party on December 19. 4) Mr. Keesler advised Council that City Hall would close noon on Wednesday - December 24, and would reopen on Monday, December 29. City Hall will also be closed on Thursday, January 1 for New Year's Day. 5) Councilman James advised he wants to attend the TML Workshop on February 6. Councilman James advised he would get with City Secretary later to complete the paperwork. 9. Adjourned. Ci fY OF StAN;! 11 t?i' !E'F'Pd �' M I_Isai COVIPAPAY 1010 1cN/31191 CH61: 1 1i'9k`!9 UFNOOR INV N1 INV Clgi Pi? NUM, Ci1.1F 11fl. F'1.1RCH AM IN AIll t c 9 ANC: FtF9tlLIRC:E P. Qe BOX 661 i)i rs:(ii tF, Ce lle 3MOM 1105198 39�j7 1/0 J/'38 11,NO, 010 , 00 44ce 11 ii 1E`li,l, "I[l1AL icOla 00 e 0i0 1?s1�!?NI?? FIM-ft"P?I_ ililff. 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SCRI ONIER C:NI'S 45447 11L.�1 c: 928 1105198 990 00 0 z55a Q18Lhvi 139a 00 45388 Ir'O5/98 cc'846 1/K/98 1 50310 ,00 LI6,OSIAU 61dh:J 0Eiv0600 67a65 "rl�Lfi flfi� ;',lN:-,[i� P;II+aH ,'.+Jn ROX 193 r�:YmPE{ i IlY MCIRPp L L 1 pi 1W 1 /Ob/98 c I ilK t 1105/ 98 45z 00 d 00 J t 1[I } };L 45e 47V7 , 4iC�i FIR] N f i-Lt1CiNCE 111HIL 4E' `8E 1/�5/`:18 c::;ikt� f 14 5/' H c'JO= itl� _ �n 1, Nn IWO ; �.3n OLA IilL,L �5_iaCCr ,00 3';75`l 1}}I.I (_"LI_ CORPORA f L ON ,-' . [In 80X `3LUa? I C+EEa UL'L'aB1NC7Eid 5tt` 4 1/1.45/cjs 5'ca 19 k� 4 i 1 e 1'31041 ff,:?e 1'' I Ell AL 5�`a 19 a 00 RAOI+1 SH,ICNv 41Ch IIOLIU(�it P. tie ililX ;="37 .3J,O00 f• %iAC= LI IE B L I L P�,D t'�W:6o=i4!)5t� 11i� C i �/�8 L!j6n 0,3IA0 ;= 7a 9.3 !CiiAt. Lts9 a010 35:'1�t R%lai3:3 FIRf !_INr I C?iJI;"'L1FN 3L 9 I x MAIN STe PA BO X I499 CIEitI LEY PUMP PAP c'c`57( 1/45195 8k 4 too r;1`3.110111 b81n:34 EllEitL E8`r'=c4 =00 35.3L1E P. 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X. 1}if—_ TCI`rriL ia_t4i3d(p, 1;'�i5/'�6 C�";17jJ 1/Illut, 9iCB Ai �,r�c }Cj �'YI E•`tie rlLn ECIIFit 1[16SAIL `iFt'L S; .14PDL LI[ij WI R 54I 7Vj3 101 At t i L 4 4G. /¢Gi0V, lilIFt 1/�5/r36 4)¢00 J4J f a �IYJ 5— •-, c b'3 ¢ % t347_=`_4b RFC i Ri iCii i tiL`t-"¢ 46`�tv;� 1 /t��5/`ai F lLEii✓?t 4..� L�il�1!q 1)F. }iiJi�l;`ti�{ •`} f E1N�_ 6�i-.;�Vi:i� tiF xt1NL r�6�Lirit I i c>>+I�t"� t 1 /I?e�rf JC< 4'f/¢0143WA 10111nff5 10"1 fit Ci�i r;t LILtF— Nc1 LII �C:(ILiN�i v ��g �;45¢ At7 Y4 iI<1r� CPH AM f Am If i'¢ lF¢ Fllin ,�'W5 t �'r t1j i 5/q, L,. I a rlf E jo 11'Vi/`JO Lp J4cm v4 1431 'saf�t�ii�la_hlCC=r_" af_VI}, 1B¢ •J`t ¢ kt1+ 411;�' rsG �il:E<i` I..N¢ i'iil�lcS ! /�rt5«� iI.''J!�¢ I!`tttil , UItS 13F;Ry'-1 F POL C:F-61 SAN 1 i H i' i qN~13F 4 494¢ 0/ 51 RFF1 -'Gi 5 51 66O¢ 4 HsJ14P1C—ff +3 5 13F,9 15 rIri R(LW f C'i¢ 65 r!DM; NISI R111ION4F 16 5Ei7¢ `:15 .............� y ......%y.... f'Jo . . .. »m RE m7 lwE m SG S R OF mmU ; N !I Lt Im AY Ge ! 1f ' w g !Q m +Am Gv m GV &E m »$ mEM PURR Ar Qom. Ar mq mRmm+E m,G@ A Rk CON fm * HA±§++ UNe IAA R73 EmE+6 + FUA q,7 18z84 6. Consider and Possible Action to Appoint Fire Chief, and Assistant IF Chief. As discussed at our last CoanMll meeting the appointments need to be confirmed. Jeff Morris, Fire Chief Keith Newton, Assistant Fire Chief 7. Consider and Possible Action to Adopt Ordinance No. O1-98 Amending Sanitation Rate. The proposed 1.1 v increase to the sanitation rate will bring the residential collection fee up to $9.45 per month (from $9.35). CITY OF SANGER, TEXAS ORDINANCE No. OM8 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING SOLID WASTE COLLECTION, SECTION 6.314, OF THE SANGER CODE OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I Section 6.314 - Solid Waste Collection Fees: (1). Residential Services -$9.45 per month (hand pick-up) per individual Twice Weekly residence SECTION II Failure to comply with any section or provision of this Ordinance that is prohibited or is declared to be unlawful or a misdemeanor, or whenever this Ordinance, the commission of an act is required or the omission thereof is prohibited, the violation of such provision shall be punishable by a fine not to exceed One Thousand Dollars ($,1000.00); provided however, that no penalty shall be greater or less than the penalty provided under the laws of the State of Texas. Each day any violation of this Ordinance shall continue shall constitute a separate offense. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Ordinance No. 01-98 SECTION IV This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 5th day of January, 1998, by the City Council of the City of Sanger, Texas, APPROVED: John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary CITY OF SANGER, TEXAS 8. Consider and Possible Action to Approve Interlocal Agreement between City of Denton and City of Sanger for Ambulance Service. The agreement is attached for your review. This agreement is renewed annually. CITY OF DENTON, TEXAS F/RE DEPARTMENT December 17, 1997 Mayor Nel Armstrong City of Sanger P.O. Box 578 Sanger, Texas 76266 Dear Mayor Armstrong: Enclosed is your Interlocal Agreement for Ambulance Service for the 1997-98 budget year. Please submit the contract to your Council for the appropriate approval and signatures and return it to us. After the contracts are signed by the City of Denton, we will return to you a copy of the executed document. If you have any questions, please give me a call at (940) 349-8156. Thank you. �cerely, GiAwe% James R. Thomason Deputy Fire Chief Enclosures JRT/bf 217 WEST McKiNNEY STREET DENTON, TEXAS 78201 OFFICE (817) 588.8110 FAX (817) 588.8109 THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOV'T CODE ANN. §791.011(c)(2); and WHEREAS, the City of Sanger will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH Agreement This Agreement is made on the _day of , 199_, between the City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger"). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual' perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; � r � � �'� � �`� t PAGE 1 (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement deternvned by multiplying the population in Sanger by five dollars and seventy-five cents (4,150 x $5.75 = $23,862.50 — current estimate). The population figure used shall be that contained i�z the latest edi- tion ofthe North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Sanger waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1997 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of ternu- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 To Sanger: r,�.��t'�C:: 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and PAGE 2 shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of , 199 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: G P' ATTEST: BY: SECRETARY CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR CITY OF SANGER . .. PAGE 3 ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARI][�G AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Sanger, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY i� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: F:Vharad\deptU.GL\Our Documrnts\OrdinancaUCAt1TFiR1Z�ambulence smite-�angtt.doc day of , 19 JACK MILLER, MAYOR �� t., �. ,.. , `r ��l