09/16/1991-CC-Minutes-Regular� � ,
..MINUTES: Gity Council Meting
September 10, 1991
MEMBERS
PRESENT:
OTHERS
PRESENT:
Mayor Nel Armstrong, Councilwoman Margie Braxton,
Councilman John Berndt, Councilman Wendell Thomas,
Councilman Tommy Kincaid, and Councilman Jerry Jenkins
City Manager John Hamilton, City Secretary Rosalie Garcia,
Electric Superintendent Larry Yoast, Police Chief Benny
Erwin, Public Works Superintendent Chuck Tucker, Elaine
Schad -Denton Record Chronicle, Beatty Johnson -Sanger
Courier, Charles Fenoglio, Dan A. Almon, Jim Conley, Bill
McClellan, Bill Hood, Beverly Howard, Margaret Long, Pat
Fleissner, Debbie Spindle, Judy Webster, Kim Clarke, Terry
Jones, Randall Houchin, Garland Thornton, Curtis Amyx,
Carmen P. Bourland, Burl Baurland, 13ob Depp, Bob Tallon,
and Nelva Higgs
1. Mayor Armstrong called the meeting to order. Councilman Kincaid
gave the invocation. Mayor Armstrong led the pledge to the flag.
2. Consent Agenda:
Motion was made by Councilman Jenkins t:o approve the Consent
Agenda. Seconded by Councilman Berndt. Motion carried.
Item (c) (Nominate Candidate to the Denton Central Appraisal District
Board) is to be included as a regular agenda item at next City Council
Meeting.
3. Citizen's Input:
Beverly Howard -President of the Sanger Area Chamber of Commerce
made a brief statement concerning the events that occurred with this
year's celebration at the downtown park.
Mrs. Howard, in summary, stated that the Chamber wishes to work
with the City in repairing or replacing the damaged properly. The
Chamber with the City's cooperation and greater efforts hopes to
continue with this tradition and increase i1:s size to benefit the
community without experiencing incidents that occurred Saturday
evening.
Mayor thanked the Chamber for coming and stated she was sure they
could work together to make it better in tYie future.
4. Presentation Regarding Centel Rate Reduci:ion -Randall Houchin
Randall Houchin representing Centel Telephone Co., briefed City
Council on a plan that Centel proposed to PUC on August 29.
Mr. Houchin informed City Council that on January 1, the Commission
had filed that Centel had made too much in Texas about $4,000,000
m�illian dollars. Centel met with the Commission to come up with a
plan and being unsuccessful, filed a plan, August 29.
'�'he plan was proposing major investments: in their network and
additional service enhancements for their customers to insure their
telephone rates will remain at the same level
5. Consider and Possible Action Regarding Proposed Water Well
Dan Almon, Senior Vice President of South. West Securities,
proceeded with explaining the financial options regarding the
proposed water well.
Mr. Almon's discussion included refinancing the bond issues the. City
now has and adding the cost of the proposed water well. Mr. Almon
continued by discussing the pros and cons of refinancing.
Discussion.
This item was tabled far the next City Council Meeting.
This item will be taken to the Utility Board for their recommendation.
6. Consider and Possible Action Regarding Proposed Landfill Purchase
Robert Ta11on, Procurement Manager Southvvest Paper Co., made an
initial proposal to purchase the landfill for the purchase price of
$75,000, with a non -interest bearing, ten year note, for thirteen (13)
acres used landfill and twelve (12) acres of unused landfill, and the
Texas Health Department Landfill Permit
Mayor Armstrong advised that staff needed 'to contact the State Health
Department and get a written statement from them in regards to: if
the City did sell the landfill, if the City's liability would still continue.
Brief Discussion.
City Manager was instructed to forward this information to the City
Attorney, the engineers and the State Health Department to possibly
find out the information regarding the liability of the landfilL
Item tabled for October 7th City Council Meeting.
7. Consider and Possible Action Regarding Proposed Water Line - I-35
Discussion.
Councilman Thomas made a motion to reject all bids on the proposed
project Seconded by Councilman Jenkins. Motion carried with two
no votes -- Councilwoman Braxton and Councilman Berndt
$. Conduct 2nd Public Hearing on Annexation for Abstract #29, Sheet 4,
Ruben Bebee, 23.6 Acres -Sanger CemeterV
Mayor Armstrong declared the Public Hearing open and asked if
anyone present wished to speak for or against the annexation.
No one spoke for or against
Mayor Armstrong declared the Public Hearing closed.
9. Consider and Possible Action Regarding Ordinance # 19-91 Uniform
Fire Code
Motion was made by Councilman Jenkins to adopt Ordinance # 19-91
Uniform Fire Gode. Seconded by Councilman Berndt
ORDINANCE # 19-91
AN ORDINANCE ADOPTING THE UNIFORM: FIRE CODE AND
UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF
PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING
OFFICERS THEREFOR AND DEFINING TH8IR POWERS AND DUTIES.
proposed water well.
Mr. Almon's discussion included refinancing the bond issues the_ City
now has and adding the cost of the proposed water well Mr. Almon
continued by discussing the pros and cons of refinancing.
Discussion.
This item was tabled for the next City Council Meeting.
This item will be taken to the Utility Board for their recommendation.
6. Consider and Possible Action Regarding Proposed Landfill Purchase
Robert TaIlon, Procurement Manager Southwest Paper Co., made an
initial proposal to purchase the landfill for the purchase price of
$?5,000, with anon -interest bearing, ten year note, for thirteen (13)
acres used landfill and twelve (12) acres of unused landfill, and the
. Texas Health Department Landfill Pei`mit
Mayor Armstrong advised that staff needed to contact the State Health
Department and get a written statement from them in regards to: if
the City did sell the landfill, if the City's liability would still continue.
Brief Discussion.
City Manager was instructed to forward this information to the City
Attorney, the engineers and the State Health Department to possibly
find out the information regarding the liability of the landfill
Item tabled for October 7th City Council Meeting.
1. Consider and Possible Action Regarding Proposed Water Line - I-35
Discussion.
Councilman Thomas made a motion to reject all bids on the proposed
project Seconded by Councilman Jenkins. Motion carried with two
no votes -- Councilwoman Braxton and Councilman Berndt
8. Conduct 2nd Public Hearing on Annexation far Abstract #29. Sheet 4,
Ruben Bebee, 23.6 Acres -Sanger Cemetery
Mayor Armstrong declared the Public Hearing open and asked if
anyone present wished to speak for or against the annexation.
No one spoke for or against
Mayor Armstrong declared the Public Hearing closed.
9. Consider and Possible Action Regarding Ordinance # 19-91 Uniform
Fire Cody
Motion was made by Councilman Jenkins to adopt Ordinance # 19-91
Uniform Fire Code. Seconded by Councilman Berndt
ORDINANCE # 19-91
AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND
UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF
PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING
OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES.
„-,
Motion carried.
10. Conduct Public Hearing on Budget for FY'91-92
Mayor Armstrong declared the Public Hearing open to the public on
the proposed budget
No one spoke for or against the budget.
Mayor Armstrong declared the Public Hearing closed.
1 1. Consider and Possible Action Regarding Ordinance # 15-91 Adopting
Tax. Rate FY'91-92
Motion was made by Councilman Jenkins to adopt Ordinance # 15-91 .
Adapting Tax Rate for FY'91-92. Seconded by Councilman Thomas.
ORDINANCE # 15-91
AN ORDINANCE OF THE CITY OF BANGER, DENTON CO., TEXAS,
LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF `I'HE CITY OF BANGER, TEXAS, FOR FISCAL YEAR
BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992
AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR
THE YEAR 1992 AND APPROPRIA.T1IVG EACH LEVY FOR THE
SPECIFIC PURPOSES; PROVIDING PENALTY AND INTEREST FOR
DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE.
Motion carried.
12. Consider and Possible Action Regarding Ordinance # 16-91 Sewer Rate
Change for FY'91-92
Motion was made by Councilman Kincaid and seconded by Councilman
Jenkins to adopt Ordinance # 16-91 Sewer Rate Change for FY'91-92.
ORDINANCE # 16-91
AN ORDINANCE AMENDING CHAPTER 10, SECTION 4 OF THE CODE
OF ORDINANCES OF THE CITY OF BANGER, DENTON COUNTY,
TEXAS, ENTITLED SEWER SERVICE RATES; ESTABLISHING RATES
FOR MULTI -FAMILY DWELLINGS; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Motion carried.
13. Consider and Possible Action Regarding Ordinance # 14-91 Electric
Rate Change for FY'91-92.
Motion was made by Councilman Jenkins to adapt Ordinance # 14-91
Electric Rate Change for FY'91-92. Seconded by Councilman Berndt
ORDINANCE NO. #014-91
AN ORDINANCE CyF THE CITY OF BANGER, DENTON COUNTY,
TEXAS, AMENDING CHAPTER 10, SECTION 7, SUBSECTION A,
PARAGRAPH 3, AND PARAGRAPH 4, AND SUBSECTION B,
FARAGRAPH 3, AND PARAGRAPH 4, SUBSECTION C, PARAGRAPH 3;
AND PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
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PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN
EFFECTIVE DATE.
Motion carried.
14. Consider and Possible Action Regarding Ordinance # 18-91 Solid Waste
Rate Change for FY'91-92
Motion was made by Councilman Jenkins to adapt Ordinance # 18-91
Solid Waste Rate Change for FY'91-92. Secanded by Councilman
Thomas.
ORDINANCE NO. # 18-91
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION FEES
FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES WITHIN
THE CITY OF BANGER, DENTON COUNTY, TEXAS; AMENDING
CHAPTER 6, SECTION 6, g (1), (2) (a) (b) OF THE BANGER CODE OF
ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY CLAUSE.
Motion carried.
15. Consider and Possible Action Regarding Ordinance # 17-91 Water Rate
Change for FY'91-92
Motion was made by Councilman Kincaid to adopt Ordinance # 17-91
Water Rate Change for FY'91-92. Seconded by Councilman Berndt
ORDINANCE # 17-91
AN ORDINANCE AMENDING CHAPTER 10, SECTION 3A OF THE -
CODE OF ORDINANCES OF THE CITY OF BANGER, DENTON COUNTY,
TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER UTILITY RATES;
PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion carried.
16. Consider and Possible Action Regarding Ordinance # 13-91 Adoption of
Budget for FY'91-92.
Motion was made by Councilman Jenkins and seconded by Councilman
Kincaid to adopt Ordinance # 13-91 Adoption of Budget for FY'91-92.
ORDINANCE NO. # 13-91
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY,
TEXAS, ADOPTING THE BUDGET FOR THE CITY OF BANGER, TEXAS,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND INTER
DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN
EFFECTIVE DATE.
Motion carried.
17. City Administration Report"
City Manager reported on the following items:
1). Denton County Judge Moseley has appointed him to the Denton
County Transportation Committee. The Committee will be
examining a possible November Bond Election for Denton County
to improve and expand County Roads.
Texas Department of Health lnspections visited the Landfill,
Tuesday, 9-10-91, and approved the progress. They also
extended the final inspection date, due to the rain, to
November 1, 1991.
3). if Council by consensus would concur, he can try to get another
interlocal agreement with the County to complete another
1,000 ft. of street reconstruction.
Discussion.
Council did go ahead and give their consensus to proceed.
1 S. Any Other Such Matters:
1). Councilman Kincaid stressed to the City Manager that he would
like him to pursue to try to get ARA. to commit to more on the
water line.
2}. Councilman Berndt asked what are the plans to do something on
6th Street?
Public Works Superintendent Chuck Tucker stated he will be
going back in with the crew week after next to finish
3}. Councilman Berndt also asked staff how many workers
compensation injuries did we have.
City Manager replied that we have two employees injured.
4). Councilman Berndt also thanked the City Manager, City
Secretary, Chuck Tucker, Larry Yoast, and Benny Erwin in
getting the Park ready for the celebration. He also stated to
please pass that an to their employees.
19. Adj ourhment.
` City Secretary
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Mayor
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