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12/01/1997-CC-Agenda Packet-RegularII OUNCIL ROOM m 2IBOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 1. a) Approve Minutes b) Disbursements 3. Citizens Input. t. Consider and Possible Action Regarding Request from Parks Board. 5. Conduct Second Public Ilearing on Anne�cation off a certain tract or tracts of land as described below* FIENRY r BEING 12,6408 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREE r . BEING ALL THAT CERTAIN TRACTPARCEL OF LAND SITUATED IN TH j 05, i BEING 12.64 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREE ROAD* BEING ALL THAT CERTAIN TRACT OR PARCEL LAND SITUATED IN TH BEING 0.918 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREE, r: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN TH 1 ACRESBEING 0.808 1 SUBJECT TRACT BEING LOCATED ON DUCK CREE BEING ALL THAT CERTAIN TRACT1 IN TH IIENRY TIERWESTER SURVEY,. 08, 1 BE41NG 2,348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEI BEING ALL THAT CERTAIN TRACT O, PARCEL OF LAND SITUATED IN TH JENRY TIERWESTER SURVEY, ABSTRACT 1241A w TRACT 66, DENTON COUNTY, TEX BEING 7,494 ACRESLAND, SUBJECT BEING LOCATED AT HOLT ROAD ANIBEING ALL THAT KEATON ROAD, CERTAIN, SITUATED IN T FIENRY TIERWESTER SURVEY, ABSTRACT 1241, m TRACT 65A,1 ROAD.BEING 41.6488 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT HOLT ROAD ANI KEATON CC AGENDA PAGE 2 12/01/97 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE 1®OUBLE 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 )FIENRY 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 lWcKINNEY WILLIAM SURVEY, ABSTRACT 940A - TRACT 7, DENTON COUNTY, TEXAS BEING 2.00 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1200 COWLING lROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71. BURLESON - TRACT 7, DENTON COUNTY, TEXAS BEING 22.1.1 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 71 BURLESON - TRACT 4A, DENTON COUNTY, TEXAS BEING 1.324 ACRES OF (LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE kBSTRACT 940 McKINNEY & WILLIAMS - TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 6 (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 2.372 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1010 COWLING ROAD. Consider and Possible Action to Approve Ordinance No. 16-97 Regarding Franchise Agreement between Denton County Co -Op and the City of Sanger. 7. Consider and Possible Action to Award Bid on Electrical Supplies for loth Street Project. Sanger. ��. 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. 9. :l0 a) Consider Sale and/or Lease of Real Property. Reconvene into Regular Session and Consider Action, if any, on the above item. Any OtherSuch _!1. Adjourn. a • 6 ®8® O 0 4ses°�ewsse6AYi+eel Rosalie i:havez, i:ity secretary Date and Time Posted ]MINUTES: City Council November 17, 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, Street Superintendent Chuck Tucker, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, City Mechanic Tommy Belcher, Water/Wastewater Superintendent Eddie Branham, Ralph Amyx, Abe & Zelma Millar, J.B. & Shirley Haisler, Lee Midkiff - Incode, Lisa Hardy - Sanger Courier, Tom Taylor - Upper Trinity Water District a. Mayor• Coker Called the Meeting to Order. Councilman Kincaid led the Invocation, which was followed by Councilman Frazier leading the Pledge of Allegiance. CONSENT AGENDA :y. a) Approve Minutes b) Disbursements Motaon was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried unanimously. Citizens Input. 4. Consider and Possible Action Regarding Water Subscription from Upper Trinity Water District. Tom Taylor, Executive Director of Upper Trinity Water District addressed Council. Mr. Taylor indicated he has been to Council many times since 1987 when ihey first started to work on preparing for the future in getting a long term and secure adequate, safe water supply for the future needs of the City. Mr. Taylor indicated Sanger will be tied to this source of water by this Spring. The Water Treatment plant is complete. Mr. Taylor stated that there are plans to build a new water treatment plant in the northern part of the County. They are putting the capacity in the line to serve other members. Bolivar Water has requested service and the terms are still being discussed. The new customers have to pay the catch up fees. There is not an advantage for customers to wait. _ Mr. Taylor indicated Mr. Kessler has been working with Upper Trinity to try to find a way to benefit the City by saving money in case the City does sell to another source. Cu MINUTrs 11/17/97 PAGE 2 Mr. Taylor advised that they are negotiating with Bolivar terms that are beneficial to the City, the District, and to Bolivar Water. Lengthy discussion followed in regards to Bolivar. Concerns were expressed. Mr. Taylor advised all the City is paying presently is for their share of the pipe line system. The City pays for the water as we take it. Presently the City pays for their share of the debt for the pipe line. The water used is billed as the City uses it. Upper Trinity issued Municipal Bonds to build the system and each member pays the same share, and the bonds were guaranteed by each of the members. Mayor did ask that if the City released 200,000 back to Upper Trinity and then later deemed it necessary to take it back, would there be a period of time before the City got it back and would their be problems. M�•. Taylor indicated the City needs to decide at the beginning whether they want to release it temporarily or if the City wants to sell it permanently. Mr. Taylor advised if the City necded the entire source back, the district would need at least a year's notification. Cr9uncilman Kincaid slid ask if the City gave back 200,000 would it change the payment the City pays the district. Mr. Taylor indicated that it would, however, this is the first time this has come to the board, and he can not give exact details. He did describe this would be like subletting a portion of their subscription. Mr. Taylor indicated Upper Trinity contracted with Denton for 1J2 million gallons of water to their line. If Sanger gave back 300,000 or 200,000, they could only sell it to whoever is on the line, since there is no other way to get the water to other sources. Mr. Taylor stated if Bolivar, Krum or Valley View decided they wanted water, then Upper Trinity could possibly work with them to supply their need. Mr. 'Taylor did indicate that normally all sales are made directly by the board, and sales are prohibited unless approved by the board. This method is for the protection of its members. Mag>oY• and City Council thanked Mr. Taylor for attending the meeting. No action was taken on this item at this time. 5. Conduct First Public Hearing on Annexation of a certain tract or tracts of land as described below° 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 CC MINUTES PAGE 3 11/17/97 CC MINUTES 11/17/97 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT SA (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND,- SUBJECT- TRACT- BEING L- OCItT ED AT t012 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 6 (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 2.372 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1010 COWLING ROAD. Mayor Coker Declared Public Hearing Open. Ralph Amyx expressed opposition to the annexation. City Administrator advised that Tract 65A should not be included in the annexation since it is not serviced by City services. Mr. Amyx indicated his barn is the only structure that has water. Mr. &Mrs. Abram Millar and Mr. &Mrs. J.B. Haisler also expressed opposition. Mr. Haisler asked Council if he had a choice on being annexed. He also asked if he drilled a well will it keep him from being annexed? The Mayor indicated he could not answer this question. This would be something Council would have to discuss. City Administrator indicated that the City has the right by law to annex property if the City serves the property with water or wastewater. Mayor indicated that the pu�•pose in annexing these properties which the City is providing water service to is to bring them inta the City limits to help share in the cost of producing `eater as indicated earlier in the meeting. Mr. &Mrs. Millar expressed their opposition to the annexation indicating the City has not ever done anything for them. Mr. Amyx did indicate he had no problem with the City annexing his barn which is provided water service by the City; however, the property would have to be surveyed. City Council did inform Mr. Amyx that the property owner would be responsible for the cost of the survey. Mayor Coker Declared Public Hearing Closed. Consider and Possible Action to Approve Ordinance No. 16-97 Regarding Franchise Agreement between Denton County CaOp and the City of Sanger. CC MIINUTFS PAGE 5 :11/17/97 Item was tabled for next Council meeting. Further information is needed in regards to the Revenue Reports. Consider and Possible Action to Award Bid on Computer Software and Hardware for the City of Sanger. Mr. Keesler addressed this item. Mr. Keesler advised he had received only one bid proposal which was from Incode on the Hardware, Training Fees and Installation on the City's Utility Billing System, General hedger, Accounts Payable, Budget Preparation, Check Reconciliation, Payroll, Personnel, Cash Collection, Work Order Management, and Hand Held Meter Reading System. Mr. Keesler indicated Incode has been on the market for 15 years, and several Cities are on the Incode System. Mr. Keesler indicated there were actually two bid proposals on the Hardware. One from Incode, and the other from Melton Services. Mr. Keesler indicated computers can be compared to other computers. The only difference is the brand label on the product. Basically these computers are the same inside and out except for the label. Mr. Keesler recommended to go with software provided by Incode, and hardware provided by Melton Services. Discussion followed on finance over a 5 year lease purchase arrangement which is a budgeted item. Mx�. Keesler advised- that he had- visited -other Cities- that were on -the system, Alrr-. Keesler also indicated that Rose did visit the City of Islower Mound to see the system on-line. Rose was excited on the product and the capabilities. City Administrator indicated if the City bought the software and the IBM hardware from Incode, Incode would still have to contract the hardware service out for maintenance. Mr. Keesler advised by not buying IBM product, the City wilt save $7,QQQ on the hardware. Incode would still sell the entire package with hardware, however, it would not be IBM hardware. The hardware would be from Melton Services, and Melton will continue to service our hardware as they have been doing for the past 22 years. Discussion followed. Motion was made by Councilman Kincaid to go with the recommendation of the City Staff. Seconded by Councilman James. Motion Carried unanimously. a) Mr. Keesler gave recognition to the Sanger Football team for winning the game last _ Saturday. CC WHIN ITT ES 11/17/97 b) c) PAGI+J he Chamber of Commerce is going to charter a bus for next Fridays game. Electric Superintendent ,Teff Morris will start tree trimming tomorrow. !�. Meeting Adjourned. s1I i Y IJr 3A1}iGU AP OPFN I iO4 I_I` i COMPANY 100 11 1 PAG i WNI)OR IMV NO INV 9Cl� PO NUM 011C DfPURCRH AM'i iO1Pj3C. AM 19c' ABC: FL Hein 91u; P1. r11Cr V#AY I I..As;:3 4Z6o0 12/01. /'J7 j7 ;'J 1;1/e '/97 21G. 630 44,4. 09 Q4 QA 4 f lox 410 III Al c: 7 E. 30 . QQ i. 13. 3oJO1APW ±14LL"\ i•[9iCAL,L:lb iliP/77 IPEI0 00 0 4'1 1 i00 10 `IUIU, icCach0 Q1A T 'O WERICIIN 1.18RARY 1lr,R VlhW Rf.YFi t--Nil lR kl)s . qi* ; 101 15S5 N. PIVr:Ks;;t_WR OR BUbK� e CARD l'�1.1 kEKS* P99 1�'I01/91 ILDPb � 1p/Oc/91 64.5E-' .0M 4 15 a 01200 64. 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I Al C,& 45 a 00 4,3%01 O�CHI _ lNi 5 INi1a ,=°ail, 80X 841'360 I RANSFORNF R NUMB 61817 1e /01 /97 4'4:884' 1'c'/oP/97 S 3 575a 00 00 4 /04 0800 i a 515a 00 I Owl AL 1, 575a 00 a 00 43/50 iI�CHP�I1„�I_ `3�•RV1ri�S •a.�;a'�=� 554J I_tl!3E=' .s;-�.5 iY(_h'Re TX /57e�!1 KII H-IN8ING SC: 1`jP01v4 i1/T/ �2680 11P/vv/97 5/5a16g1 439a 0800 /5n 00 I Owl (?l 515a E,rf, 4._,8a0 Ii�h1i-'L.��INCa "alJa 80X 9i0�;`i-s'� LIND PFD SI %r 5,084 Ii'/�11/`T/ Lt�/ Ic'/!�L`/rat 61:0aUri 4 /0a 0+300 i=�40a 00 1CI'iAL 640a 00 440:3!ll IL:XA' Ni f R tb:019 N W i?AI_L_AS HLJYa La On 80X 3088 (FFI`i SUPPLIE , /!}81kt,yy 1L/�11/t/1 L'L48/i 1L10L'/9/ i3OL'4a 59 4.31 �a 0830 %! 4'.-b' 010 418a ORO 588a lbi 10) AL 11 04'4a 51 /;; tc';�Ut SIJIJ (HtJ� S I !.RN i3kll_ CELLL!Lri SL`�0i 4.33a 161/10 4�; 3a 010O 433a i 100 43 3a 0600 4 4•a 0 A 0 01 4.534 081110 4w 3 a 0900 p 0) At � �11lNIl_� �Yf�:SI�ITI`! ;-'aila F1ilX 910913 .Lc"14�11`�t �e��01 1c'lictL'/9t U.39.56 3�a30 39a 60 39a 13 50a 98 4/ a 68 50a 7.3 4 6 a 8� 39 4 640v.1 1n a Xa NEfEK S[:HCICiI t04i6�;�: 1�'/�1/rit 4.39a 08LALA 1r,0a 1?,0 `IIII AL a kn0 a00 00 a 0Gi a00 01�5 M !JNLW INE. iwXAS A�RSICY L't-'4c� 1!'fl1L'I'�t 1c't�a�0 aOF� 46�,0!4 i�lr!-:� l�il,=°9 P�r:DIA I='a Ila �?!]X 4�+0!� I'CiCIK �TAPE SE -I � i;='04'e; 1'c'!01 %97 4't'8�';/I 1�:`/i�c /�.J7 4tia 44i a OTC+ 1 C11Al 48. 4:4; a 00 =9P111 1JN!1�R1 R1JI1NI)j INGa/ fQlrsii UN!)UGROUN09 INCa 1.wwf 1lt I,ARO"N RUAs� CON1 RW V1,L VF 2Y48 141/01 /97 1.1L 748 I4'/04'/9`/ 117a sa'�u CtF ;,C;I�t�F� AP OF'EP! 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F '.�i�1,:, 1L1�1191 cC°Ee''iEi IC:/t�7c/9! 1Lr¢%lF ¢4�iVi '�1'J¢ 11��4�t '�¢ lei ic� r'�¢ �..'�t��1 J¢ tL1�r tJri_ rCl_MF�S '��.��.� 121t�11'�7 .'$V1F, i�a'/��'_/'�7 13¢�L�1 ¢�u� � 1 ��. VI�,Qt�t 8¢ 4�� P'11 �C¢ FL Fl:"i R] C:Fit me��tB u 1c:/�� /C-!"1 c��'Ct4t 1c'/�c'/fit �=r�:¢ iui47 . tLit?7 TVt¢ �$Ilil7i :�;:a;�¢ �it1i ICtIWI JJ�"'¢�tC1 ¢�� ���;,'ar-1 I"L�X,a�� l�ilaf�rtsrs°',�i_ �;r]IJhI" �•�¢tl¢ �tJ� ;?�Ln,� F�tik�C;[:1�1f-'iltil� `i::`t'1.Ei 1'/U1�/`"�"l '�t1Ei 1i'/�I�%��r=;�i¢i� ¢CIC7 �r.7`�¢ ���t�Vi .i�. L�Ui 4�1i;:��Vt f a: '�t11�d8 1LpF., P�¢ I_tJt;ll�i `iCtRt;E`L �;i5lriCt 14C�L46 t�`/�ti/`�`! 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Consider and Possible Action Regarding Request from Parks Board. fhe Parks Board will be requesting the City Council to add $1.00 to the utility bill each month to establish a Parks Improvement Fund. Julia Beavers will be making the presentation for the Parks Board. ". Conduct Second Public Hearing on Annexation of a certain tract or tracts of and as described below: This is the second of two public hearings to be held before we can adopt the Ordinance and Service Plan. Maps indicating the particular tracts being considered are attached for your review. 2/lo3,Z � Ace 4c N_ /0?, 6 d7'1 N S d 4 o 0 0 I 41 N Via tall VIPP O t=l 356.4l0 ` 3 Slo,4l0 � 7. ate, N Wo 2 / 63. 2 ' N C �ig.iz �loo' zzo• fl All 0 coo N N v n .T amp 4 a ' °► a n TON /49,93' 0 'QO N N w � alit 0.27' 220' A NM '4.42834c cu N T �. � 299.73 � 383,.�C5'' Z .P d o . ,c � t1;: 411011, w S 3> 2S7.S ' /28.229 3B6B/ N b N J D .D N N N O O -- �0;..�n s� . � J � a o � O Oo N O �'s IA494aaawfo Slat at aL oy w S814414 : •yall, cces. :w at p oposaiiiii s s4.ss . , �rwo_.3 5A at a. itt, a �.r. r,.,r ..., . .. _._. _ S 7 N © �• y0 9th 355•ob� �, s .. �:: ?++. 1� 1 r� 1 ;� 74 j �3 � ., ,� ,.. � �, __ ,. ,_ Z d �� m � � `,b 1 �� �.�,� ���_ Z, !� O r'xr�sanp �S - o, 0 33in�R=off . z • u�i � � A-c.. �oz9.7�� � '�:. �58 9. /� a�� �' o _ D, ZZd3 iN RauJ o�'. 9 �a 3 �. .� s n• ` `/ ;oSo,�, .� `:`-7.583 �Qc �_%' — p, Z!59 1� Kau 1 31 S, 1 � l3/S,6/ Z62,$' ►�53,ro ,: 0 , 3 „•, •� 0 'N o N �.. :, l' �' � �N t'.: O �`ab M r ti n M a t'n � �� � '�I _'� 2 • UY 4 u '�s� *tea Jima, ro tvtI SSA or 2/Sly lA! 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R� 4 c. t G. •�2 l 2 � r r~ 1 44.{+5 i . to 4Z •r) vY <, F .t INr v J u 7ti ,..JVIrtY«r r �j(. 4 J 'r" r L, :' ..,. 'j,•, O I i+; ;r h'�:X - L :! :M ry '??•i° r � . r v f �_.-YY *A% r+lbc. fi , t +.Ft !:A 4 ,' G t, r'? +�•i r f .s Yp t aI Y Il'; 1 i. > > '. +n"1� ;AY�� 6 ',.f L R. '' b'r� .i. .f ) t -14 i X"r/ yt t. _ J Y � r w ril ai cy '°i f ..0 t 4► 't 2s✓R b �''' vt'R 1Lf i h ♦ rt ; w rYa •t4 '!;QV�,.�• �� TB�; <. J F. 9a' tb^�" �::t '�% N: Tti?? a •.;��_-r�� ; +. 3 ' r'- 's.'`..7? i f AFlK �^'r', S: 'yt+..f�lx iyi < f �l 'r - ,`,C f °S• 7" $ 11trV' fiL,n y r • ]!4.rb?�SY� IN y ..r.('oSi`�v .?e ryr '`�Tr'�"•2iY i' L1 <'f aV i II - IN; oo *• z a'Ns T ,Lf u-• F r,... " a` '?c .. W_ >�;.. - Via._. - _ .y, _W'" _ . V �.t F A IFNI IN ail No mt NO _: SP ., IN o ; y ttr V l 0 V -• Nott 593 7�0 No Or IF 4i 5.77 c �, L , a. L 11 Mail NI i 7 (.OW�/A/Cr 0 . 5 7 4 ) 3604 Q Lu Ucow N co Ir ib 97 " 14- yiy.sip' 21 mr r� �� i o .. �, � �� � 1 � . tt 3 I �� �6+.� ' t. r; . 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A M N `� 14 �i y�iC• 0 2O ��� 28. �13ac. ti Z20 a �� 3 ��, N 23 � a3s.s 931,15' 24 s.� _. . 26 rNv. sue. � 340' v/Z54 N I �� 25 � � G. �� 0 M h 1�.858 0 r S 4 � 34 _., _, 0 9�3.6� 310; . 2 �D `''��J 0� i.Kc �• t735.2 • ,2493.E 6� �r N I 4 �' 3,586 �c. , `v m i t l.� �J \. � V hd Consider and Possible Action to Approve Ordinance Ito. 16-97 Regarding Franchise Agreement between Denton County Co -Op and the City of Sanger. I have checked with DCEC, and we could change the Franchise to 4%. I would recommend the approval to the franchise with the fee of 4%. CITY OF SANGER ORDINANCE N0. 16-97 AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC POWER UTILITY SYSTEM IN THE CITY OF SANGER09 REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE TOWN, REQUIRING JOINT USE OF POLES, TRENCHES, AND CONDUITS IN CERTAIN INSTANCES; PRESCRIBING THE RELATIONSHIP AND RELATIVE RIGHTS BETWEEN GRANTEE AND OTHERS WITH RESPECT TO CONSTRUCTION IN THE TOWN AND LOCATION OF FACILITIES; PROVIDING FOR THE QUALITY OF SERVICE TO BE PROVIDED BY GRANTEE; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE MAKING AUTHORITY OF THE TOWN COUNCIL AND THE TOWN WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; REQUIRING CERTAIN RECORDS AND REPORTS AND PROVIDING FOR INSPECTIONS; RESERVING TO THE GOVERNING BODY OF THE TOWN THE RIGHT TO SET PROCEDURE FOR CHANGING THE RATES OF GRANTEE AND PROVIDING THE RIGHTS AND RESPONSIBILITIES OF THE GOVERNING BODY IN SETTING THE RATES; PROVIDING FOR CUSTOMER SECURITY DEPOSITS; PROVIDING FOR SUSPENSION OF SERVICE TO A CUSTOMER: PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO THE TOWN FROM THE GRANTEE FOR THE FRANCHISE PRIVILEGE; PROVIDING INDEMNITY OF THE TOWN AND ITS EMPLOYEES; SETTING FORTH THE TERM OF THE FRANCHISE •AND ITS RENEWAL; REPEALING AN j ORDINANCE PASSED AND APPROVED BY THE TOWN COUNCIL ON EXTENDING A FRANCHISE AGREEMENT BETWEEN THE CITY OF SANGER, TEXAS, AND DENTON COUNTY ELECTRIC COOPERATIVE, INC.; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED by the Town council of the CITY OF SANGER, Texas: SECTION 1. PURPOSE There is hereby granted to Denton County Electric Cooperative, its successors, and assigns, hereinafter called "Grantee", for the full term of five (5) years from the effective date of this ordinance, the right, privilege, and franchise to have, acquire, construct, reconstruct, maintain, use, and operate in the CITY OF SANGER, Texas, hereinafter referred to as "Town", an electric power Utility system, which shall include but not be limited to electric light, heat, power, and energy facilities, and a generation, transmission, and distribution system with such extensions thereof and additions thereto as shall hereafter be made; and to have, acquire, construct, reconstruct, maintain, use, and operate in, over, under, along, and across the present and future streets, highways, alleys, bridges, and public ways of the Town all necessary or desirable poles, towers, wires, cables, underground conduits, manholes, and other structures and appurtenances in connection with such electric power utility system. SECTION 2. CONSTRUCTION WORK - REGULATION BY TOWN (a) Work done in connection with the construction, reconstruction, maintenance, or repair of the utility system shall be subject to and governed by all laws, rules, and regulations of the Town and the state of Texas. (b•) The placement of poles and excavations and other construction in the streets, alleys, and other public rights -of way shall interfere as little as practicable with the private property, I n accordance with direction, given by the authority of the governing body under the police and regulatory powers of the Town. SECTION 3. CONSTRUCTION AND MAINTENANCE; EXCAVATION (a) The construction, maintenance, and operation of Grantee's electric power utility system and property of Grantee subject to this franchise shall be subject to lawful police regulations of the governing body of the Town. The Town shall have power at any time to order and require Grantee to remove and abate any pole, wire, cable, or other structure that is unnecessarily dangerous to life or property, and in case Grantee, after notice, fails or refuses to act within a reasonable time, the Town shall have power to remove or abate the same at the expense of the Grantee, all without compensation or liability for damages to Grantee. Grantee shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Town, all streets, alleys, and public rights -of way excavated by it. (b) Except in an emergency, the Grantee shall comply with applicable Town ordinances and rules pertaining to notification when excavating pavement in any alley, street, or unpaved public right-of-way. The Town shall be notified as soon as practicable regarding work performed under emergency conditions and Grantee shall comply with the Town's reasonable requirements for restoration of the excavated area. SECTION 4. JOINT USE OF POLES, TRENCHES, AND CONDUITS (a) The Grantee may be required to attach its wires to poles owned and maintained by another person or corporation, or to permit the wires of another public utility to be attached to the poles owned and maintained by the Grantee, upon reasonable terms and for just compensation including just compensation for any additional facilities of Grantee that may be required. In the event that Grantee and such other public utility are unable to agree on terms and compensation, or if same are not otherwise resolved or determined within a reasonable time, Town Manager or his designate, after due notice and a hearing, may prescribe terms and set compensation unless the setting of such compensation is beyond the Jurisdiction of the Town. The Grantee may require such other public utility to furnish evidence of adequate insurance and ' provide indemnity covering the Grantee and adequate bonds covering the performance of such other public utility attaching to the Grantee's poles. Grantee's requirements for such insurance and indemnity must be reasonable. (b) Wires shall be located on poles in compliance with applicable safety standards. Grantee shall not be required to attach its wires to the poles of another public utility or to permit the wires of another public utility to be attached to Grantee's poles if it can be satisfactorily shown that Grantee will be subjected to increased risks of interruption of service or liability for accidents, or if the poles, wires, and appurtenances of such other public utility are not of the character, design, and construction required by or are not maintained in accordance with modern practice, or if sufficient clearance or space is not available on the pole. (c) Grantee may be required by the Town to share trench space for cables or ducts with another public utility for the placement of cables or wires underground. Compensation to the Grantee as well as terms of sharing trench space shall be resolved, as provided in subsection (a) of this Section. Also, Grantee may require insurance and indemnification, as provided in subsection (a) of this Section. Ducts, cables, or wires shall be placed in trenches in compliance with applicable safety standards and in a manner that does not interfere with Grantee's cables or wires. SECTION 5. UNDERGROUND CONDUITS AND POLES - USE BY TOWN If Grantee shall from time to time have spare ducts in its underground conduits or spare pins, crossarms, or space on any of its poles not needed for future anticipated load growth or emergencies, it shall permit the Town to use one such duct in each conduit or reasonable space on poles, or, both, for the Town's police and fire alarm wires, traffic control wires or cable, or other similar, appropriate governmental use. If Grantee shall construct additional underground conduits or erect additional poles, the governing body of the Town may require the Grantee to provide one such duct in each conduit, or reasonable space on poles, or both, for the Town's use as aforesaid. In either event the Town shall pay Grantee for any additional facilities required plus a fair rental therefor. SECTION 6. CONFORMANCE WITH PUBLIC IMPROVEMENTS Whenever, by reason of the widening, straightening, or changes in the grade of any street it shall be deemed necessary by the governing body of the Town to remove, alter, change, adapt, or conform the underground or overhead facilities of Grantee, such alterations shall be made as soon as practicable by Grantee when ordered in writing by the Town, upon the furnishing of another right of way along said street by the Town to Grantee, without claim for reimbursement or damages against the Town. Provided, however, the if said requirements impose a financial hardship upon the Grantee, the Grantee shall have the right to present alternative proposals for the Town's consideration. Provided further that if such requirements involve the relocation of an existing underground transmission line of 60,000 volts or greater, the Grantee may charge the Town for the actual cost of such relocation. SECTION 7. WORK BY OTHERS (a) The Town serves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines, cables, and conduits, and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under any street, alley, highway, easement or public place occupied by the Grantee, provided operational clearance and NESC compliance be maintained. The Town also reserves the right to change any curb or sidewalk of a street. In permitting such work to be done, the Town shall only reimburse the Grantee for actual damages so occasioned, but nothing herein shall prevent the Town from assessing responsibility for the payment of any damage to any other person or corporation. (b) In the event that the governing body of the Town authorizes someone other than the Grantee to occupy space under the surface of any street, alley, highway, or public place, such grant shall be subject to the rights herein granted or heretofore obtained by the Grantee. In the event that the governing body of the Town shall close or abandon any street, alley, highway, or public place which contains existing facilities of the Grantee, any conveyance of land within such closed or abandoned street, alley, highway, or public place shall be subject to the rights herein granted or heretofore obtained by Grantee; provided that the Grantee may be ordered to vacate any land so conveyed, if an alternate route is practicable, and if the Grantee is reimbursed by the person to whom the property is conveyed for the reasonable costs of removal and relocation of facilities. (c) If the Town shall require Grantee to adapt or conform its facilities, or in any way or manner to alter, relocate, or change its property to enable any other person or corporation, except the Town, to use, or use with greater convenience, said street, alley, highway, or public place, Grantee shall not be bound to make any such changes until such other person or corporation shall have undertaken, with good and sufficient bond, to reimburse the Grantee for any cost, loss, or expense which will be caused by, or arise out of such change, alteration, or relocation of Grantee's property. SECTION 8. AVAILABILITY, CHARACTER OF SERVICE Grantee shall at all times.furnish service which is modern and sufficient to meet reasonable demands without undue interruption or fluctuations, under the rules and regulations set forth in J Grantee's tariff, to any person, firm, or corporation that shall demand service within the Town; provided however, that it is not the intention of the parties hereto to create liability for the benefit of third parties but that this agreement shall be solely for the benefit of the parties hereto. SECTION 9. RESPONSIBILITY FOR ADMINISTRATION OF FRANCHISE (a) The Town Secretary is the principal Town officer responsible for the administration of this franchise and shall oversee and review the operations of Grantee under this franchise. (b) The Town Council may delegate to the Town Secretary the exercise of any of the powers conferred upon the Town by its Charter or by law relating to the supervising and regulating of Grantee in the exercise of the rights and privileges herein conferred, but the governing body of the Town reserves unto itself exclusively the power to fix and regulate the general charges and rates of Grantee, to the full extent that such power is provided in the Charter, this franchise and State law subject- to Grantee's right of appeal as provided in the Public Utility Regulatory Act, as amended. The Town Council may approve or disapprove of miscellaneous fees and charges in connection with the rendition of utility service. The Town Secretary shall have the authority to make and publish, after notice and a hearing, such rules and regulations necessary to carry out the duties and powers conferred upon the Town as authorized by the Public Utility Regulatory Act, as amended. SECTION 10. RECORDS, REPORTS, AND INSPECTIONS (a) The Grantee shall use the system of accounts and the forms of books, accounts, records, and memoranda prescribed by the Public Utility Commission of Texas or any successor agency charged with regulating electric utilities. (b) Upon request the Grantee shall furnish the Town a copy of any report normally filed b� Grantee with its othl regulatory authorities. er municipa (c) The Town Secretary shall have the right, at reasonable items, to inspect the plant, equipment, and other property of the Grantee, and to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of the Grantee consistent with State law. (d) The Town shall retain all of the investigative powers and other rights provided to the Town by the Charter and State law. SECTION 11. RULES AND REGULATIONS (a) In order to insure uniform and reasonable application of conditions for service and to insure availability of service to all without discrimination, the Town Manager may exercise supervision of Grantee's application of the rules and regulations set forth in Grantee's tariff concerning service furnished under this franchise. (b) The Town Council may establish, after reasonable notice and hearing, such rules and regulations as may be in the public interest regarding rates, the furnishing of service, administration of customer accounts, and construction of Grantee facilities on Town property, subject to Grantee's rights of appeal under the Public Utility Regulatory Act, as amended. SECTION 12. SERVICE RATES (a) The Town Council hereby expressly reserves the right, power, and authority to fully regulate and fix the rates and charges for the services of the Grantee to its customers, fully reserving to the governing body all the rights, powers, privileges, and immunities, subject to the duties and responsibilities which the Constitution, the laws of the State, and the Charter confer upon the Town and subject to Grantee's rights of appeal under the Public Utility Regulatory Act, as amended. (b) Grantee may from time to time propose changes in its general rates by filing an application, with the Town Secretary for consideration by the Town Council. Within a reasonable time consistent with law, the governing body shall afford Grantee a fair hearing with reference to the application and shall either approve or disapprove the proposed changes or make such order as may be reasonable. (c) In order to ascertain any and all facts, the Town Council shall have full power and authority to inspect, or cause to be inspected, the books of Grantee, and to inventory and appraise, or cause to be inventoried and appraised, the property of Grantee, and to compel the attendance of witnesses and the production of books and records, and to prescribe penalties for the failure or refusal of Grantee to testify or produce books and records as required by State law. (d) The Town Council of the Town has authority to require the Grantee to allocate costs of facilities, revenues, expenses, taxes, and reserves among service classifications consistent with State law. (e) Nothing contained in this ordinance or any section or subsection thereof shall be construed as to create a contractual right of the Town to regulate the rates or service rules and regulation of the Grantee or to create any power, authority, or jurisdiction of the Town to regulate or control the rates or service rules and regulations of the Grantee. The Town shall have only such regulatory power, authority, and jurisdiction respecting Grantee's rates, and service rules and regulations as may be provided by law. If the Public Utility Regulatory Act or other laws are amended or modified in such a way that the Town no longer has regulatory power, authority, and jurisdiction respecting Grantee's rates, or service rules and regulations, or either of them, then Grantee's rates and/or service rules shall be set by the Grantee's board of directors. SECTION 13. DEPOSITS Grantee shall have the right, subject to such rules and regulations in Grantee's approved tariff and consistent with applicable State or Federal law, regulations or rules, to require a reasonable security deposit for the payment of bills. SECTION 14. SUSPENSION OF •SERVICE Subject to State, Federal and local laws, rules, and regulations and the rules regulations set forth in Grantee's tariff, the Grantee shall have the right to discontinue or suspend service to any customer who fails to pay a bill presented for service or make a reasonable deposit, as may be required until such bill together with any expense for disconnecting and reconnecting the service is paid. In addition, the Grantee may discontinue or suspend service without notice, for as long as the condition exists, where a known dangerous condition exists. The Grantee shall not be required to furnish service to any customer who is in default of payment or who fails to pay a reasonable deposit in accordance with the rules and regulations, set forth in Grantee's tariff, or who shall fail to comply with rules and regulations regarding proper use of facilities furnished by the Grantee; provided however, that nothing herein shall authorize Grantee to discontinue, suspend, or refuse to furnish service where Grantee is otherwise legally prohibited from taking such action. SECTION 15. FRANCHISE AND OTHER VIOLATIONS Upon evidence being received by the governing body of the Town that a violation of this franchise, Town Charter provision, or ordinance lawfully regulating Grantee in the furnishing of service hereunder is occurring or has occurred, it shall at once cause an investigation to be made. If the governing body of the Town finds that such a violation exists or has occurred, it shall take the appropriate steps to secure compliance. SECTION 16, COMPENSATION TO THE TOWN In consideration of the grant of said right, privilege and franchise by Grantor and as full payment for the right, privilege and franchise of using and occupying the said streets, alleys, highways and public grounds and ways, and in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license and inspection fees or charges, street taxes, street or alley rentals and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which Grantor may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which Grantor is authorized to levy and impose upon real and personal property, Grantee shall pay to Grantor annually and on a quarterly basis of each year during the term hereof, beginning in July, 1997, a sum equal to three percent (3%) of its gross revenues received by Grantee during the preceding twelve (12) month period from the retail sale of electricity within the corporate limits of Grantor. On or before September 1 of each year a report shall be filed by Grantee with Grantor showing its gross revenues as aforesaid for the said preceding twelve-month (12) period and the payment made hereunder shall be based upon said report. The Grantee is hereby authorized to surcharge to customers within the Town all or any portion of the gross receipts assessment. All bills for services rendered within the Town shall be adjusted by the same percentage as the gross receipts assessment specified herein, less any percentage that is recovered by the Cooperative through base rates or other charges. Nothing in this franchise shall be construed to prohibit Town from levying the usual general or special ad valorem taxes which Town is authorized to levy and impose upon real and personal property, general sales and .use tax, assessments for public improvements, and sums to which the Town may be entitled under Section 24 of the Public Utility Regulatory Act. SECTION 17. ASSIGNMENT OF FRANCHISE; PRESERVATION OF RECORDS (a) The Grantee shall be a legal entity with legal rights to operate, construct, reconstruct, and maintain an electric power and energy system in the Town. Grantee's primary and principal purpose shall be the provision of electric public utility service. (b) This grant shall not be assignable to another person, partnership, or corporation, unless said other person, partnership, or corporation is an affiliate of Texas Utilities Company, without the express consent, which shall not be withheld unreasonably, of the governing body of the Town, such consent to be evidenced by an ordinance that fully recites the terms and conditions, if any, upon which such consent is given. SECTION 18. CONFORMITY TO CONSTITUTION, STATUTES, CHARTER, RND TOWN CODE OF ORDINANCES This ordinance is passed subject to the applicable provisions of the Constitution and Laws ofthe State of Texas, the Charter of the CITY OF SANGER, and the Code of Ordinances of the CITY OF SANGER. This franchise agreement shall in no way affect or impair the rights, obligations, or remedies of the parties under the Public Utility Regulatory Act of Texas, or amendments thereto. SECTION 19. INDEMNITY Grantee shall indemnify and save whole and harmless the Town and a11 of its officers, agents, and employees from any and all claims for injury or damage to persons or property occasioned by, or arising out of the construction, maintenance, operation, or repair of the generation, transmission, or distribution system, or by the conduct of Grantee's business in the Town provided, however, nothing herein shall be construed to indemnify the Town against the Town's own negligence or fault. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto. SECTION 20. NON-EXCLUSIVE This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent Town from granting other like or similar rights, privileges, and franchises to any person, firm or corporation. SECTION 21. REPEAL That the Ordinance extending the franchise agreement between the CITY OF SANGER and Denton County Electric Cooperative adopted by the Town Council of the CITY OF SANGER on , be and the same is hereby specifically repealed. All other ordinances, rules, regulations, and agreements which in any manner relate to the regulation of or provision for electric utility services by Grantee shall remain in full force and effect until and unless duly modified pursuant to applicable State law. SECTION 22. EFFECTIVE DATE; AUTHENTICATION; TERM This ordinance shall take effect thirty (30) days after its passage on second reading and upon acceptance by Grantee in accordance with the provisions of the Charter of the CITY OF SANGER, and it is accordingly so ordained. This franchise shall continue for a period of five (5) years from the effective date. J SECTION 23. ACCEPTANCE OF FRANCHISE; PUBLICATION (a) The grantee shall, within thirty (30) days form the passage of this ordinance, file in the office of the Town Secretary a written instrument signed and acknowledged by a duly authorized officer, in substantially the following form: To the Honorable Mayor and Town Council of the CITY OF SANGER* The Grantee, Denton County Electric Cooperative acting by and through the undersigned authorized officer, hereby accepts Ordinance No. granting a franchise to Denton County Electric Cooperative. Author zed Representative DENTON COUNTY ELECTRIC ATTEST: Secretary Executed this, the (b) The acceptance shall be duly acknowledged by the person executing the same. In the event the acceptance is not filed within the thirty (30) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void. CPcJ�1�j PASSED AND APPROVED this the day of , 1997. THE CITY OF SANGERI TEXAS By Mayor ATTEST: By Town Secretary By Town Attorney '1. Consider and Possible Action to Award Bid on Electrical Supplies for 10th Street Project. Sanger. Jeff has taken bids on the loth Street Improvement Project. We recommend the low bid from Techline. ICI TECHLINE Price Each/Total TEMPLE Price Each/Total WESCO Price Each/Total �� uspension _ _ _ Insulators _ 72 @ 9.25 10.79 9.30 $666.00 $776.88 $669.60 `3 ice.. Piro Insulators ', 60 @ 3.45 3.66 3.55 $207.00 $219.60 $213.00 j3. Spool Insulators 50 @ 1.05 1.06 1.09 � i $52.50 $53.00 $54.50 4. Ouy Strain j 30 @ 12.85 11.74 11.79 $385.50 $352.20 $353.70 �, .. S.T. Pin , 30 @ 6.40 10.56 6.88 $192.00 $315.80 $206.40 II�. L.a�. PO�� 25 @ 1.95 1.97 2.00 $48.75 $49.25 $50.00 '',`�. I�is�ge �'in 15 @ 19.80 24.87 22.60 $297.00 $373.05 $339.00 �8. Crossarm I, 12 @ 59.25 83.46 79.15 $711.00 $1,001.52 $949.80 '<�. Ci.l�. �r�m � 14 @ 186.00 167.40 158.60 $2,604.00 $2,343.60 $2,220.40 �, (10. Clamp ®. E. 75 @ 14.55 12.75 10.95 L $1,091.25 $956.25 $821.25 _ _ ��i 11. Hlelix ,anchor 12. C6 uy Ott. 13. Conductor 'f 4. Pole, Steel TECHLINE Price Each/Total 16 51.95 $831020 Toolin. $663600 50 @ 5.75 $287.50 JM# $8,408.40 • r � 1 Ii i of 15. Pole, Sel°� Support 2 16. Switch, Oan� Oper. 2 �:.• it • j M.1 TEMPLE Price Each/Total 70.00 $17120.00 $663.00 8.35 $417.50 140.35 Hundred $101677.82 343.15 $5,490.40 1'i 38365,14 N SCO Price Each/Total 58.95 $943020 $663400 7.79 $389050 135.34 Hundred $10,296.66 361.00 $5,776.00 • 11 S3. Executive Session Pursuant to the Gpen 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. ATd3zT wants to lease water tower space for mobile phone transmission. I would like to visit with Council on the terms of the lease. We can also discuss this in the workshop before the meeting. I also have a buyer for the old library building if the City wants to sell the building. •5 �1>����� � Deft: 11/25/97 ;■, M<. ee . «« . ROMChiefy: SUBJECT.P «.»<# Calls, False Alarms - , ; # aI ;« <«. ,�.»: «-, .,<a»- #,,»�. a; listedthe . calls false alarms4 The calls are listed in dates, name of business, and location. If I can be of further assistance,please let me AUGUST. 1997 SEPTEMBER, 1997 WILFONG BUILDING HUNTER'S DRIVE IN 400 BOLIVAR 900 S. 5TH ST. (8-5; 8-11) (9-2;9-4) HUNTER'S GROCERY S.S. AUTOMOTIVE 900 S. 5TH ST. 700 N. STEMMONS (8-29) (9-3) RICIE FELKNER JIM MCNATT 204 SOUTHLAND 1405 N. STEMMONS (8-10) (9-2719-28) JIM MCNATT BURRUS 1405 N. STEMMONS 900 S. 5TH ST (8-718-1518-24) (9-19) GNB-SANGER 100 EXCHANGE BLVD. (8-818-11;8-1218-13; 8-14) SANGER COURIER 201 N. S'I'EMMONS (8-17) WORLD OF VIDEO 900 S. 5TH ST. DORIS FAIN 209 SOUTHLAND (8-9;8-29) BURRUS 900 S. I-35 (8-17) HEATHER HARVILLE 2015 BENJAMIN (8-28) CH PANSIE PAT 807 N. 5TH ST. (9-2) AMY BLANKENSHIP 207 SOUTHSIDE (9-13;9-23) TEXACO CHAMPMAN DR. (9-20) MIGUELITO'S 903 N. STEMMONS (9-15) GNB-SANGER 100 EXCHANGE BLVD. (9-26) LYNCH'S FOOD MART 800 N. STEMMONS (9-21) HEATHER HARVILLE 2015 BENJAMIN (9-13) 0 OCTOBER. 1997 JIM MCNATT 1405 N. STEMMONS (10-9;10-9;10-10p10-11; 10-14110-17.10-18p10-26 10-30) GNB-SANGER 100 EXCHANGE BLVD. (10-10.10-10110-12.10-12 10-14;10-16)910-18) KIM MCDANIEL 312 DENTON (10-31) AMY BLANKENSHIP 207 SOUTHSIDE (10-6) WORLD OF VIDEO 900 S. 5TH S`I'. (10-25) RICIE FELKNER 204 SOUTHLAND (10-10) ` " 0 NOVEMBERI 1997 S.S. AUTOMOTIVE 700 N. STEMMONS (11-12) WORLD OF VIDEO 904 S. 5TH ST. (11-16) COTTON PATCH CENTER 904 S. 5TH ST. (11-10) CARE INN 600 N. STEMMONS (11-11) HORIZON I-35 (11-20) MIGUELITO�S 903 N. STEMMONS (11-17) Nov-24-97 03:40P P.02 ORDINANCE NO. I :VO: 4 21/13/87 An ordinance amendrng CHAPTER 15C, `EMERGENCY REPORTiNt3 EC�UIPMENT AND PROCEDURE$,' of the Dallas City Code, as amended, by amending Sections 15G1, 15C-Z 15C-6, and 1SC-16 and by adding a new Article I, entitled 'Alarms Responded to by the Police Departrnent,' to be comprised of existing Sections 15C-1 through 15C-17, and a new Article 11, entitled 'Alarms Responded to by the Fire Department,' to be comprised of new Sections 15Cwi S through 15C-33; repealing Section 15C-17; proving requirements and procedures for the registration of alarm systems Intended to summon fire or emergency medical services of the city; providing requirements for the operation and maintenance of those alarm systems; regulating the reporting of alarms to the fire department; requiring alarm dispatch records; establishing service Teas for false fire and medical alarm notifications; providing for waiver of servloe fees; providing for the appeal of service fees; defining farms; making certain semantic, grammatical, and structural changes; provkffng a penalty; providing a saving clause; providing a saverabillty clause; and providing an effective data. BE IT ORDAINED BY THE CITY COUNCtL OF THB CITY OF DALLAS: ' SECTION 1. That CHAPTER 15C, 'EMERGENCY REPORTfNQ EQUIPMENT AND PRQGEDURES,' of the Dallas City Code, as amended, is amended by placing existing Sections 15C-1 through 15C-17 under the heading, 'Articles I. Alarms Responded to by the Police Department,' and by adding an Article II, entitled 'Alarms Responded to by the Fire Department,' to be comprised of Sections 1SC- 18 through ISCG33, to read as follows: 'ARTICLE II. ALARMS nRE ND TO BY 12JE FIRE DEPARTMENT. Otylsion 1. in GararN, SEC.15C-18. PURPOSE. oilgo Nav-244-97 03:40P P.03 ' �• 11 ::,t : tl : 1 • 1/ c E a. ♦.: •-,l'.11 ' 1 • 11 ^ t t a l4L/ .:.• ; +. = ' : 1 rt ; `..�..�\ 11-Ef' -J /♦ ♦ x • •• ..•• •. at/- i• -.. •� _t•a • �-_./..-1•/.• _ta i. = �t .. 11?•'_14'-_-. 11 '11 • It J/a r1- . Aala o = a _4. at a•�l .1./_ Ifa= •.: a a •al. __/ _ -su -n /� a• _ ::ul as-. .a :ya:�. +/ .. ;/ � _ a• 1 _au:.•-� n. ...= a• u�a 1• •1: '... :.a•aa .� •a .a• = a_•• ..a a : _•• =� :�•/ •o .: z.. •a: 1 - Nov-24-97 03:41P P.04 � •: `!t %, ,.: •.;.! f �l= . 1:.__.. . : ! -. if fl1�.:t 1, .. • It: 1 1= •tt It : :__.t1 t•1i a. t..,. .1• �1: ll t -. It=...tt% =::t! :. • tl •.=: 1't/11=a • �1..: 1 ../ •1 lal♦ 1 't 11-./ =, % rp f r vl :. 11 _JI 4. -,1 %./ ?.-../11 2 lll.• 7 • a •.-. - w, .,; .11 • 1 : �.• t . ..- • _ n t • !.a 1 •<-a t 0 ...._ . I l g 1 • 1 • Il c sti • t f . , � • . It C - . _ fl a tt 1 z.11= • If - !._ •f t • 1• _! : :( :� : •l It' ! aIt ''. ?_.1 Nov-24-97 03:42P ltt! t21 SEC---• �-��-;�. LM 0 P.05 Nov-24-97 03:43P P.06 / Vxqill III lloll.11lll CoSOAP-AN1 / aY . ' -�1F :1 __ a :!'?. 1.11 lac . ry: i :... 11 =11 1' a- c . •.c if 1_. (�. up p 9 iiroup C 12 Gr2mp D 24 1 �I Via: • =. -:�11 :t 1. / 1 • ..= � ' 1 1/ x-..:.111 '1 a 11 -.1 • •I{p { • t/:.1.1 :�• y • 11: 1 .\..1 - 1=..=-:=.\ • ti= +.1 i• _ /l=! • 11 .li •\ Nov-24-97 03:44P P-07 If Lail MV*q PALO *kzt4VW1MV1-. a. ;..1/1 a•�t, :r•t 1 .e ;, i•ll �!: =.J11 - s11U WINIA• , — SECTION �. That Section SSGi, 'Definidons,',of CHAPTER 15C, 'EMEFiGENCY REPORTING EC1tJIPMEN7 AND PROCEDURES,' of the belles City Coda, as amended, is amender! to read as follows: this article: (i) ALARM SYSTEM means a device or system that emits, transmits, or relays a signal intended to summon, or that wautd reasonably be ®xpected to summon, police services of fh® city, inciucfing, but not limited ta, bra! alarms. Alarm system does not include: (a} an alarm installed on a vehicle unless the vehicle is permanently located at a site; nor (b} an alarm designed to alert only the inhabitants of a premises which deer not have a local alarm. (2) ALARM NgTiFIGATI4N means a notification intended to summon the police, which Is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. b Nov-244-97 03:45P (3) ALARM SITE means a single premises or location (am street address) servad by an alarm system or systems that are under the control of one ownw. (4) CHIEF means the chief of police of the city or his authorized representative. (5) FALSE ALARM NOTIFICATION means an alarm notifica&m to the police departmenk when the responding officer finds no evidence of unauthorized intrusion, attempted unauthorized Intrusion, robbery, attempted robbery, or an attempt to We a person hostage. (6) LOCAL ALARM means an alarm system that emits a signal at an alarm site that Is audible or visible tram the exterior of a structure. responsible for responding to alarms and giving access to die site and who responsibleIs also and operation of the alarm system and payment oi (t3} PERSON means an indivkival, corporation, partnership, association, organization, ar similar entity. (9} SPECIAL TRUNtCL1NE means a telephone Tine leading into the communications canter of titre police department mat Is for the primary purpose of receiving emergency messages that originate from automatic protection devices and are transmitted directly or through an intermediary.' SECTION 3. Tibet Subsection (c) of Section t5G2, 'Permit Required; Application; Transferabiiiry; False Statement," of CHAPTER ]5C, 'EMERGENCY REPORTING EQUIPMENT AND PROCEDURES,' of the Dallas City Code, as amended, Is amended to read as follows: '(o) Each permit application must contain the following iMormaton: (]) name, address, and telephone number of the parson who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessad under this ate (2) classification of the alarm site as either residential or commercial; (3) for each alarm system located at the alarm site, the purpose of the alarm system, i.e., burglary, robbery, or personal hostage or robbery; {4) other information required by the chief which is necessary for the enforcement of this Ad l x SECTION 4. That Section iSC-6, 'Reporting of Alarm Signals,' of CHAPTER 15C, 'EMERGENCY REPORTING E®UEPMENT AND PROCEDURES,' of the Deities City Code, as amended, is amended to read as foifows; •�C. 1aC-6. REPO Tim NC C±F ALARM SIGNALS. A permit holder or person In control of an alarm system shall not allow alarm signals to be reported through a relaying Intermediary that does not comply with the requirements of this ao:M@ and any rules and regulations promulgated by the chief or that is not licensed by the Texas Board of Private investigators and Private Security Agencies.' SECTION 5. That Section 150i6, 'Violatlons; Penalty; Corporations, Partnerships and Associations,of CHAPTER 1SC, 'EMERGENCY REPORTING EQUIPMENT AND PROCEDURES; of the Dallas City Code, as amended, is amended to read as follows: "SEC. 15C46. VIOLATIONS; PENALTY; CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS. (a) A person commits an cffanse it he violates by commission or omission any provision of this article that I mposes upon him a duty or responsibility. Nov-24-97 03:46P {b} A parson who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense is punishable by a fine of not more than $200, but not less then $50 upon first conviction and not less than $75 upon second and subsequent convictions. (c) In addition to prohibiting or requiring oertain conduct of Individuals, it is the intent of this his to hold a corporation, partnership, or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership, or other association, and within the scope of his employment_' SECTION 64 That Section 15Cr17, 'Implementation of Chapter; Review,' of CHAPTER 15C, 'EMERGENCY REPORTING EQUIPMENT AND PROCEDURES,' is repeated. SECTION 7. That CHAPTER 150 of the Dallas City Cade, as amended, shall remain in full force and etiec4 save and except as amended by this ordinance. SECTION 8. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas Cfty Coclaw as amended. SECTION 9. That this ordinance shelf take effeot June 1, 1988. APPROV>:D AS TO FORM: SAM A. L.iNDSAY, City Attomey m Assistant City Attorney Passed and correctly enrolled F� 1 V +338SI 0 Nov-24-97 03:39P P.O1 I�ALLAS SIRE DEP�R.TEiVT Fire Dispatch 1500 Marilla, Room L1CS Dallas, TX 75201 214/670-5085 FAX 214/6704781 FAX: CI 40 FROM: .� DATE SENT: 1f your do nor recei ve all pages (including cover sh please call214/670-S08., Thank you.