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11/15/1993-CC-Agenda Packet-RegularCITY COUNCIL AGENDA NOVEMBER 15, 1993 201 BOLIVAR STREET, CITY HALL 7:OD P.M. 1. Call to Order, Invocation and Pledge to the Flag 2. CONSENT AGENDA a). Approve Minutes b}. Disbursements c). Payment #4 - All -Tex Paving, Inc. Bolivar/Tenth/Seventh - $94,719.75 AGENDA 3. Citizen's Input 4. Consider and Possible Action Regarding Awarding Bid For Solid Vtlaste Services 5. Consider and Passible Action Regarding Keeton/Keaton Road -Proper Spelling B. Consider and Possible Action Regarding Nomination to DCAD Appraisal Review Board 7. Consider and Possible Action Regarding Grant Proposal - Marguerite Doe Foundation - Animal Control 8. Consider and Possible Action Regarding Appointment of City Health Officer 9. City Administration Report 1 fl. Any Other Such Matters 11. Adjournment Rosalie Chavez, City Secre 11112/93 11:00 a.m. Date &Time Posted OF o 9 m MINUTES: City Council Meeting November 1, 1993 MEMBERS PRESENT: Mayor Pro-Tem Jerry Jenkins, Councilwoman Margie Braxton, Councilman Russell Madden and Councilman Tommy Kincaid MEMBERS ABSENT: Mayor Nel Armstrong and Councilman Jack Richardson OTHERS PRESENT. City Administrator John Hamilton, City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Public Works Superintendent Chuck Tucker, Chief of Police Benny Erwin, Garland Thornton, Craig Waggoner, Fire Chief Bill Murrell, Keith Newton, Eddie Branham, Delania Trigg - Sanger Courier, Pam Bloedel, Mitchell Danielson and Daphne Swartz 1. Mayor Pro-Tem Jerry Jenkins called the meeting to order. City Administrator John Hamilton gave the invocation which was followed by the pledge to the flag. �. CONSENT AGENDA: a). Approve Minutes b). Disbursements Motion was made by Councilman Kincaid to approve Consent Agenda. Seconded by Councilman Madden. Motion carried. 3. Citizen's Input -None 4. Roberts Addition (Brook Glen &Fairfield Circle) Drainage - Presentation by Residents Residents from Roberts Addition and Daphne Swartz were present - Mitchell Danielson, Pam Bloedel The emphasis was on the creek that runs by that property that is causing the flooding. City Council Minutes 11 j 1 j93, page 2 Mitchell Danielson addressed City Council and advised that contacted the Highway Department about the problem. Mrs. Danielson's husband wrote a letter to City Council and concern in his letter was that the Highway Department has extra drainage that has put more water down this channel. they have his added They were requesting the trees, weeds, and cat -tails to be cleaned out of the channel. The State Highway Department has the drainage plans on what they changed on Interstate 35 and field changes. The Danielson Family felt the Highway Department is concerned about the problem and hopes they will do something. Discussion. Mr. Hamilton's recommendation in correcting this problem was to first get the City Engineer to do a drainage study plan with instructions on what could be done to eleviate the problem. Mrs. Swartz and Mrs. Bloedel were concerned as to who is responsible for the damages the flooding caused especially to the Swartz's carpet. City Administrator advised he has contacted the City Attorney and our insurance regarding the liability on these damages and the City is not liable. Mrs. Bloedel stated if the City was not responsible, the City should have taken the measures to contact whoever was responsible when they had complained before. Discussion continued. Mayor Pro-Tem Jenkins stated that staff will be contacting the State or the County for a possible Interlocal Agreement with them to possibly use their equipment and employees. He also apologized that it had to come to a situation like this where someone received damages to their property. Staff instructed to contact City Engineer. 5. Discuss Position of Fire Marshall and Passible Action Fire Chief Bill Murrell advised City Council that position of Fire Marshall is vacant. City Council Minutes 11/ 1/93, page 3 Discussion. Council agreed to proceed with measures to fill the Fire Marshall Position. City Administrator John Hamilton advised City Council it would be brought to Council at the first meeting in December for their decision. 6. Consider and Possible Action Regarding Bid for Dump Truck The following bids were received for the Dump Truck Bid, 11/ 1/93, 2:QQ p.m.: COMPANY Hilz-Snider Sanger, Texas Mahanay Intl. McKinney, Texas White GMC Dallas, Texas Staff recommended low bidder. $32,356.QQ No lease terms noted $3Q,Q66.24 48 months $694.04 @ 5.12% (90/ 15Q days) $32,Q 14.QQ 6Q months @ 612.70 5.78% (90j 12Q days) Motion was made by Councilman Madden to accept the low bid from Mahanay International, $3Q,Q66.24, with a 48 month leasejpurchase at 5.12% per cent interest, $694.04 approximate payment per month delivery within 90-150 days. Seconded by Councilwoman Braxton. Motion carried. 7. Consider and Possible Action Regarding Interlocal Agreement, Library Services -Denton County and City of Sanger Motion was made by Councilman Kincaid to approve Denton County Interlocal Agreement between Denton County and City of Sanger for funding of Library Services. Seconded by Councilman Madden. Motion carried. 8. Consider and Possible Action Regarding Resolution #R13-93, Nomination to Denton Central Appraisal District Board of Directors City Council Minutes 11/ 1/93, page 4 Motion was made by Councilman Madden to cast fourteen (14} votes to Garland Thornton. Seconded by Councilman Kincaid. CITY OF BANGER, TEXAS RESOLUTION #R13-93 A RESOLUTION OF THE CITY OF SANDER, DENTON COUNTY, TEXAS, CASTING THE CITY COUNCIL'S VOTE FOR CANDIDATES) CO THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS Motion carried. 9. Consider and Possible Action Regarding Request For Use of the Community Center: (a) Cub Scouts (b) Girl Scouts (c) Pathfinders Discussion. Motion was made by Councilman Madden that the City deny request of, (c) Pathfinders, for use of Community Center as requested in their letter of October 7, 1993, but to allow other users, (a) Cub Scouts and (b) Girl Scouts, because of the time element it is being used on the weekdays. Seconded by Councilwoman Braxton. Motion carried. 10. City Administration Report City Administrator John Hamilton reported on the following items: aI. City Administrator advised that he has asked Dan Almon, the City's Financial/Sand Advisor with Southwest Secures, to prepare a basic report on possible funding options for future street, library and water/sewer improvements. City Administrator hopes to have that report after Thanksgiving. b}. On Wednesday, Hunter &Associates and All -Tex are scheduled to make an inspection of the street work done so the project can be finished. Staff is still not pleased with drainage, alleviating Bolivar Street, so they will be discussing that specifically. c}. Garland Thornton also had good news concerning the Marina. He did confirm Friday that Mr. Harber is in contract to build the Marina and his son, Terry, is already out there moving dirt and work has definitely begun. City Council Minutes 11/ 1/93, page 5 11. 12. d). Chamber of Commerce is scheduled for ribbon cutting at Cindy's Salon tomorrow at the new Bucklew Shopping Center. e). City Administrator reminded City Council that during the first part of the year, they appointed Larry Yoast to represent the City on the EAS Committee. With the passing of Senate Bill 632 Extending EAS Service, they contacted Centel who later (sometime in the summer) advised that the City already had EAS Service and the City was eligible. The City then contacted our attorney in Austin who is recommended by TML and Texas Power Association, Jim Boyle and himself will be sending the City a letter on options of pursuing this matter. f). City Administrator reported that there is Mrs. Sons, 800 Willow, the construction has diverted more water to Wood Street. is curb and gutter that street and he will Mrs. Sons. Any Other Such Matters a drainage problem at work on 10th Street The long term solution be visiting with Councilman Kincaid asked on the status of Oak Street. 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A 11 e.we tel Fi�. - --le r ItA;i Wlt... .'. lie tet , :.f/i , .., - rt.A A— `.. r II r �. <<`nbi L. t . ,. r t A It At t , _ s... : I1 € i':'yf Y .!ItF'. !ER 3t 11 JFII : w' b s.,IP F.jf t_E's fii� ,l. rf d t , It F �_.:.,.' f . s At, ... t r i w r J. 9ggk d2 d?§ 2UBLI WORKS y§ z Cr S L L .. ...y k A w y� 2t 4t §mom ?F � . ,..� .. w:v» © d 2 L :k ;2 - It ANIMAL c\NLTRt-� E� 2gwEEA§ m N m» < 241.)S d m,it d 2,� 9,892,82 2g2H HM vv, § Sheet 1 of 3 CONTRACTORS APPLICATION FOR PAYMENT PAY ESTIMATE NO.: Four PERIOD: October 1 1993 DATE: November 4. 1993 TO: November 1 1993 PROJECT: Bolivar / Tenth / Seventh ENGINEER: HUNTER ASSOCIATES, INC. Paving and Drainage Improvements Dallas, Texas D93006E OWNER: City of Sanger CONTRACTOR: ALL-TEX PAVING, INC. 201 Bolivar Street 2462 Walnut Ridge SancrPr. Taxa� 76266 Dallas, mexas 75229 BIDS RECEIVED: 05-17-93 CONTRACT DATE: 05-17-93 NOTICE TO PROCEED: 06-01-93 CONTRACT AMOUNT: CALENDAR DAYS: 120 START CONSTRUCTION DATE: 06-10-93 $359,990.00 ADJUSTMENTS: DAYS USED: COMPLETION DATE: REVISED AMOUNT: SUMMARY OF JOB STATUS Total Work Completed $ 352 880.00 By: Material Stored on Site Contract Amount to Date Less 5 o Retained Subtotal Less Previous Payments $ 352 880.00 $ 17 644.00 $ 335 236.00 $ 240,516.25 Amount Due This Period $ 94 719.75 Date: SUBMITTED BY: For Contractor so 0 Date• APPROVED: Date: For Owner o Time Used: % Work Completed Sheet 2 of 3 ' CONTRACTOR'S ESTIMATE -WNER: City of Sanger PROJECT NAME & NUMBER: Bolivar St./Tenth St./Seventh St. Paving and Drainage Improvements - D93006E CONTRACTOR. All -Tex Paving, Inc. PAY ESTIMATE NO.: Four FOR PERIOD ENDING: November 1 1993 Item Description Unit of Amount Work Unit Value of No. Measure Bid Comp Price Work Comp PROJECT 1: Tenth St./Seventh St P1.1 Prepare Right -of -Way Sta. 27 27 $ 650.00 $17,550.00 P1.2 Remove and replace existing mail boxes Each 19 19 100.00 1,900.00 P1.3 Remove existing concrete S.Y. 890 890 6.00 51340.00 P1.4 Remove existing drainage pipe L.F. 950 950 3.00 2,850.00 P1.5 Unclassified roadway excavation L.S. 1 1 20,000.00 20F000.00 P1.6 Lime treated subgrade S.Y. 11,150 11,150 1.90 21,185.00 P1.7 Lime Slurry (Type "A", 7.5%) Tons 186 186 80.00 14,880900 P1.8 5" Concrete pavement with 6" monolithic curb S.Y. 10,100 10,100 17.00 1711700.00 -pi.9 Concrete pavement headers L.F. 370 370 5.00 1,850.00 _A1.10 5" Alley or driveway pavement S.Y. 11180 1,180 20.00 23,600.00 P1.11 4" Sidewalk and handicap ramps S.Y. 140 140 18.00 2,520.00 P1.12 6" Hot -mix asphalt transition pavement S.Y. 11050 1,050 15.00 15,750.00 P1.13 6" Concrete curb and gutter L.F. 100 100 10.00 1,000.00 P1.14 Adjust manhole top Each 5 1 200.00 200.00 P1.15 Adjust valve box Each 10 10 100.00 1,000.00 P1.16 12" R.C.P. L.F. 80 80 24.00 1,920.00 P1.17 15" R.C.P. L.F. 160 160 28.00 41480.00 P1.18 18" R.C.P. L.F. 70 70 30.00 2,100.00 P1.19 21" R.C.P. L.F. 340 340 32.00 10,880.00 P1.20 5' Curb Inlet Each 2 2 11700.00 3/400900 P1.21 Type "S" Headwall Each 7 3 1,000.00 3,000.00 P1.22 Type "B" Headwall Each 1 1 I1500.00 1,500.00 P1.23 Concrete Riprap C.Y. 7 7 300.00 21100.00 P1.24 Trench Safety L.F. 650 650 2.00 1,300.00 TOTAL WORK COMPLETED - Project l: Tenth St./Seventh St. $ 332,005.00 Sheet 3 of 3 OWNER: City of Sanger CONTRACTOR'S ESTIMATE PROJECT NAME & NUMBER: Bolivar St./Tenth St./Seventh St. Paving and Drainage Improvements - D93006E CONTRACTOR: All -Tex Paving, Inc. PAY ESTIMATE NO.: Four FOR PERIOD ENDING: November 1 1993 Item Description Unit of Amount Work Unit Value of No. Measure Bid Comp Price Work Comp PROJECT 2: Bolivar St. P2.1 Prepare Right -of -Way Sta. 2 2 $ 650.00 $ 1,300.00 P2.2 Remove and replace P_Xl P293 Remove existing concrete S.Y. 10 5 6.00 30,00 P2.4 Remove existing drainage pipe L.F. 50 50 3.00 150000 P2.5 Unclassified roadway excavation L.S. 1 1 41000*00 41000*00 P2.6 Lime treated subgrade S.Y. 850 850 1090 1,615,00 P2.7 Lime Slurry (Type "A", 7.5%) Tons 14 14 80.00 1,120.00 P298 5" Concrete pavement with 6" monolithic curb S.Y. 400 400 17.00. 61800*00 P2.9 Concrete pavement headers L.F. 82 82 5900 410900 P2.10 5" Alley or driveway pavement S.Y. 20 0 20.00 0000 2.11 4" Sidewalk and handicap ramps S.Y. 10 0 18000 C`.00 P2.12 6" Hot -mix asphalt transition pavement S.Y. 350 350 15.00 51250*00 P2.13 Adjust manhole top Each 1 1 200.00 200.00 P2.14 12" R.C.P. L.F. 24 0 24.00 0000 P2.15 15" R.C.P. L.F. 18 0 28.00 0000 P2.16 Trench Safety L.F. 42 0 10000 0000 TOTAL WORK COMPLETED - Project 2: Bolivar St. $ 20,875.00 TOTAL WORK COMPLETED - Projects 1 and 2: $ 352,880.00 Recommended for Approval: TOTAL AMOUNT OF WORK COMPLETED $ 352,880.00 HUNTER ASSOCIATES, INC. CONSULTING ENGINEERS 8140 WALNUT HILL LANE ONE GLEN LAKES, SUITE 500 DALLAS, TEXAS 75231-4350 ''ate 11/4/R3 Approved Material Stored on Site Contract Amount to Date Less 5 % Retained Subtotal Less Previous Payments 0.00 $ $ 352,880.00 $ 17,644.00 $ 335,236.00 $ 240 516.25 Date Balance Due this Per d� � �� � 94 , 719 .75 MEMORANDUM #2379 FROM: DATE: SUBJECT: CITY OF SANUER R O. BOX. 578 SANUER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrator November 12, 1993 Proposals For Solid Waste Services The proposals for providing solid waste services are scheduled to be opened in the Conference Room, Monday at 2 p.m., with all proposals presented for Council consideration at the regular meeting time. CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 MEMORANDUM #2381 TO: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Administrator el DATE: November 12, 1993 v SUBJECT: Spelling of Keaton/Keeton Road The Highway Department and Denco 9-1-1 have asked for clarification on the correct spelling of Keaton/Keeton Road. If you could provide guidance, staff will notify all effected parties of the correct spelling. JH:es MEMORANDUM TO: FROM: DATE: SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Jahn Hamilton, City Administrator Rosalie Chavez, City Secretary November 8, 1993 Keaton/Keeton Road Mr. i-Iamiltan, David Cannel from 9-1-1 called me regarding the siaelling of Keaton Road. All our City maps indicate Keaton Road; however, Texas Department of Public Safety shows the street sign as Keeton Road. They would like for it to be corrected. As long as I have been here it has always been Keaton Road. If we show Keeton Road, then Centel and the Past Office will have to change. Chuck tells me that the County installed these signs. RC: es CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM #238� TO: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Administrato DATE. November 12, 1993 SUBJECT: DCAD - Nominees to Appraisal Review Board The enclosed memorandum from the Appraisal District asks for nominations to their Appraisal Review Board. This will be your only opportunity to nominate someone as the submitted deadline is December 1, 1993. JH:es Enclosure TO: FROM: DATE: SUBJECT: DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET P.O. BOX 2816 JTON, TEXAS 76202-2816 817-566-0904 M E M O is- f�f OF ANF NOV 2 1993 All Jurisdictions DCAD Board of Directors November 1, 1993 Nominees To Appraisal Review Board Members The Board of Directors of the Denton Central Appraisal District requests that your jurisdiction nominate a candidate for possible appointment to the Appraisal Review Board. To qualify for service must have lived in the prior to taking office, approximately half the begin January first. on the Appraisal Review Board, a person appraisal district for at least two years Members serve two -years terms, with member's terms expiring each year. Terms The law prohibits certain individuals from serving on the Appraisal Review Board. Appraisal District directors may not serve. Neither can officers or employees of the Appraisal District, a taxing unit served by the Appraisal District, or of the Property Tax Division of the Comptroller of Public Accounts, An Appraisal Review Board member who has served all or part of three previous terms cannot be reappointed. Please return the name of your jurisdictions nominee by December 1,. 1993. Do not confuse Appraisal Review Board member nominations with Board of Director member nominations. TO: FROM: DATE: CITY OF SANUER P. O. BOX 578 SANUER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City November 12, 1993 SUBJECT: Consideration of Grant Proposal -Marguerite Doe Foundation - Animal Control The enclosed letter from the Marguerite Doe Foundation in Santa Barbara, California, outlines their program to assist non-profit groups with Animal Control Projects. This Foundation was brought to the attention of the City Staff by local resident, Brenda Nixon, who is very concerned with animal rights' issues. The City of Decatur has received approximately $50,tJ06 from the Foundation for a new animal control vehicle and improvements to their animal shelter. A copy of Decatur's original letter to the Doe Foundation is enclosed for your review. If Council is interested in pursuing this grant program, a document outlining a proposal to substantially improve the animal shelter and possibly a new animal control vehicle will be prepared and submitted to the Doe Foundation. A response sheet to the fifteen (15) questions required by the Foundation has been completed. JH:es Enclosures October 29, 1"1 Mr. John Hamilton City of Sanger P.O. Box 578 Sanger, TX 76266 L 1�0.1 1Y11 . 11Q11111 � V 11. QiguzzLEE 2NOE goundatio Z fi 16 =State =St., =Suite 400 cSanta 13az7ata, C?aL Etoznla 93701 ` NOV 1 1993, 3 Telephone : (805) 962-9175 Fax: (805) 962-8925 Thank you for your request for information regarding grants from the Marguerite Doe Foundation, The Marguerite Doe Foundation is one that has been established for the purpose of assisting and providing humane care and treatment to domestic animals. Wildlife programs are not within the scope of Foundation activity. The general policy is to assist in the acquisition of "bricks and mortar" or "seed money" to assist humane centers in getting started or to expand services. It is our feeling that the limited funds we have should be used in such a way that the animals benefit most directly. If you are requesting a grant to aid in proposed facility construction, we would appreciate a general outline of what you propose to do and copies of diagrams or blueprints of the proposed facility. The purchase of, or improvements on, real property must be for property in which title is vested in a non-profit tax exempt organization or a governmental unit (i.e. city, county, state) to insure continued use for humane treatment of animals. Spay and neuter programs do not enjoy a high priority for grant funds, but we do accept requests and consider each on its individual merits. By encouraging the development of shelters, we believe the end result is that more animals are ultimately neutered. We also like to have information regarding the breadth of base support you enjoy, as well as an indication of sources of support such as the city, county or other foundations. Public entities should be prepared to show a need that cannot be met under current law to meet their legal obligations. We no longer make grants for spay and neuter ongoing expenses, but may assist in acquisition of equipment and/or facilities. We recognize the problem of animal overpopulation, but believe it is best served by helping to foster new or improved shelters, and needy new humane societies. In this way, spay and neuter programs can develop and expand. October 29 Page Two We do not to make grants to cover operating expenses or "educational purposes" . It is not that we do not believe in education, but because we find it difficult to monitor the value of the individual programs that may be undertaken. Absolutely no grants are made to organizations that provide animals for research or vivisection. Our grants are generally made for projects that are current as opposed to those that may be in the future. However, we may pledge amounts for a period of approximately one year to facilitate further fund raising or completion of final plans, permits, etc. For this reason, many of our grants are made on a matching basis. We are limited to a maximum grant of $50,000 in any one year to any organization. As each request for funds is surrounded by special circumstances, we do not have any formal forms for you to complete. We would rather have a letter in narrative form along with supporting documents such as tax exemption letters, budgets, financial statements that include the number of employees, annual compensation of the three highest paid employees, published literature, and plans for the program for which support is requested. We do however, enclose a list of questions which must be answered and returned with your proposal. Also, we must have copies of your letters of tax exemption from both the State and Federal governments before we can make a grant. If you wish, send us the complete information and the amount of your request and we will then include it as an agenda item at the next meeting of the Board of Trustees, which will be held sometime between December and January. If we feel there is a need for any additional information regarding your organization we will inform you by mail before the next meeting. A response to your letter can take up to 3 weeks depending on the number A request we receive. Very truly yours, Anthony Guntermann (signed in his absence by Christine Stocker) AG/cs LIST OF INFORMATION TO BE INCLUDED IN REQUEST (Please do not send video tares) 1. What is your organizations status? (public or private . ) 2. Include State and Federal non-profit status (copies of exemption Utters). 3. Include the most recent annual statement of income and budget, compensation of the 3 highest paid employees, and a statement of assets and liabilities. (not older than six months) 4. Upon dissolution, who acquires the property? (We cannot make grants for improvements on land not owned, or controlled by long-term lease arrangements by a non-profit tax exempt organization.) 5. Evidence of current title to real property, resting in the name of your organization. 6. Is your organization affiliated with any humane society? 7. Please include the names and addresses of Board of Directors and their occupations. 8. What sort of community support does your organization have? Any memberships? 9. What is the population and socio-economic base of the area you serve? 10. Do you provide animals for vivisection? 11. Do you have a euthanasia policy and if so, what procedures are used? 12. How long is the holding period for adoption? 13. Who offers similar and alternate services in your area? 14. If construction of facilities is contemplated, submit plot plan and floor plan, if construction drawings are complete submit the full set. Will competitive bids be sought? What is the approximate time -table for ground breaking and completion? 15. Please specify the amount requested. PLEASE NOTE: Failure in submitting the foregoing information may cause considerable delay in processing your grant request. Rev. 7/91 0 � I04 E. Pecan • Deca#wr, Texas 76234 + (817} 627-1500 Rex ]�vckins, Chid of Pvlicc: ANIMAL CONTROL MARCH 2O,I443 TO WHOM IT MAY CONCERN: THIS LETTER IS TO GIVE YOU A LITTLr. BACRGOUND INFORMATION ABOUT OUR ORGANIZATION. THE CITY OF DECATUR STARTER WITH ONE ANIMAL CONTROL OFFICER IN 1985, AT WHICH TIME A SIX KENNEL SHELTER WAS BUILT WITH A STORAGE ROOM AND SMALL CAGED ANIMAL ROO,�E ALL IPt ONE. SXNCE THAT TIME THE PLUMBER OF ANIMALS BEING HANDLED BY THE ANIMAL CONTROL HAS INCREASED DRASTICALLY, KITH THE HANDLING OF APPROXIMATELY 50 DOGS, 35 CATS AND OTHER LIVESTOCK EACH MONTH. WE HOLD EACH ANIMAL FOR 10 DAY$ IF SPACE PERMITS AND AFTER 3 DAYS ANY [iNTAGGED ANIMAL IS PUT UP FOR ADOPTION. AT THE END OF THE TEN' DAYS ALL ANIMALS ARE EVALUATES AND IF' ROOM IS AVAILABLE ARE HELD FOR AN ADDITIONAL TEN DAYS. ANY ANIMAL THAT IS NOT SUITABLE FOR ADOPTION AT THE END OF THE FIRST TEN RAYS IS HUMANELY PUT TO SLEEP, THE CITY ALSO HAS A REGISTRATION kROGRAM WiiEF2E EVERY ANIMAL IS TO BE REGISTERED. THE COST OF THIS IS 53.00 AND BRINGS IN AFPROX. $500.00 EACH YEAR. IN THE PAST YEAR OUR ADOPTIONS WERE UP ANO BROUGHT APPROX $1100.00 IN INCOME. THESE ARE THE ONLY SOURCES 4F INCOME WITH THE EXCEPTION OF THE BUDGET FROM THE CITY, WHICH PAYS FOR SALARY AND MISC. SUFPLIES AND FOOD FOR THE ANIMALS. THE CITY OF DECATUR ANIMAL CONTROL IS PUBLIC AND IS UNDER THE SUPERVISION OF' THE CITY. ALL LAND AND BUILDINGS At2E OWNED BY THE CITY OF DECATUR, AND SERVES A POPULATION OF AP?ROX 5000 PEOPLE. THE CITY OF AECATUR ANIMAL CONTROL WORKS WITH THE NORTH TEXAS HUMANE SOCIETY IN FT WORTH, WHICH IS APPROX 80 MILES PROM DECATUR, THE HUMANE SOCIETY ASSISTS AT THE PRESENT TIME WITH THE HOUSING OF CRUELLY TREATED ANIPiALS RUE TO THE LIMITED SPACE AT THE DECATUR SHELTEP.. THE HUMANE SOCIETY WILL bNLY ADOPT THE ANIMALS HELD FOR THE CITY OE DECATUR TO RESIDENTS IN THEIR COUNTY, WHICH WE ARE NOT A PART OF. THE CITY OF BECATU�2 BOES NOT AND WILL NOT RELEASE ANY ANIMALS FOR VIVISECTION OR EXPERIMENTAL, RESEARCH. WE ARE ASKING FCR FINANCIAL SUPPORT �'l�OM YOU TO ADD ON TO i'FiE CURRENT FACILITZ$S, PROVITIE ADDITIONAL CAT CAGES AND TO ASSIST IN THE PURCHASE OF A NEW VEFfICLE AND MODULAR UNIfi TO TRANSPORT THE ANIMALS, AT THE ��}} ��i .��_ PRESENT TIME THE CITY 0�' RECATUR US$ A FORD RANGER WITH ONE CAGE IN THE BACK WITH VERY LIMITED PROTECTION IN SEVERE WEATHER. THE CITY OF DECATUR WILL Pi;T OUT FC" CO_'„ETIVE BIDS r"OR TFfE CONSTR•'.1CTIO:�i OF THE NEW nt1iLIIING ANR THE i�URCHASE OF Ti-!,5 NEH VEGHICLF. a I wo�ao2a ar••m)J rKU 1•I Vc1.HIUr, rUt. 1UC VCr HK I I'I M N I I 147o:�41.3%9 DECATUR POLICE DEPARTMENT 10� E. Pecan Decatur, MVIS 76234 • (8177 627-I500 Rex Hoskins, Chief of Police AT THE CURRENT TIME THE DECATUR ANIMAL CONTROL FIAS 4NE PAID EMPLOYEE AXING GROSS PAY OF APPROX $1000.00 PER MONTH, WITH IN THE NEAR FUTURE WE ARE HOPING TO BE ABLE TO ADD ADDITIONAL PERSONNEL. HE APPR6CIAxE YOU TARING THE TIME TO CONSIDER THIS APPLICATIQN, WITH THE ASSISTANCE OF YOUR ORGANIZATION WS WILL HE ABLE TO BETTER SERVE THE ANIMAL POPULATION IN OUR COMMUNITY. SINCERELY, MONTY FITZGERALD ACO OFFICER REX HOSRINS SUPERVISOR MEMORAND[JM #2383 TO: FROM: DATE: SUBJECT: CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayor & John Hamilton, City November 12, 1993 Appointment of City Members of the Administrator,o Health Officer Council Dr. Bittle, the current Health Officer, has closed his local practice. He has not notified the City of his intentions; however, it appears appropriate to appoint a new City Health Officer. Dr. Richard Perry would serve if appointed. Dr. Perry has agreed to accept the City's Worker's Comp. referrals and will conduct pre -employment physicals and drug screenings. The Health Officer does not conduct the routine Health inspections of food service establishments. That service is handled by our contract sanitarian, Joe Tims. JH:es TO: FROM: DATE: SUBJECT. G1TY OF SANUFR P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrato November 12, 1993 City Administration Report 1}. The stencil kits for the Boy Scout Project from "Don't Polute" the City's Storm Water Drains have been received and the paint and supply of other safety materials are being coordinated with Mr. Doug McGowan, Assistant Scoutmaster. 2}. City Offices will be closed Thursday and Friday, November 25th and 26th, in observance of the Thanksgiving Holiday. 3}. The engineering report and recommendations for the Roberts Subdivision will be presented to Council on December loth by Hunter Associates. JH:es 1/ :� l/ • � li�Iilill TO: FROM: DATE: SUBJECT. CITY OF SANGER P. O. BOX. 578 SANGER, TX 76266 Police Chief Benny Erwin Eddie Branham, Public Works N ovemb er 3, 1993 Fire Lanes, No Parking Foreman As of today, 7th Street in front of the Middle marked "NO PARKING -- FIRE LANE:' I appreciate your attention to this matter. EB:es School, has been painted and Citu of DATE: November 9, 1993 Frontier Waste Management P. O. Box 758 Sanger. Texas 76266 Gentlemen: Enclosed is a City of Sanger check in the amount of $12,246.68 representing payment to Frontier Waste Management for the contract agreement provided for in the City of Sanger/Frontier Waste Management Agreement. This payment covers the month of October and is computed as follows: Total Residential Customers Billed 1251 at $ 7.10 rate per customer Less $0.28 per customer billed as per Contract Total Other Customer Classes Less 7% Franchise Fee NET CONTRACT PAYMENT Approved for payment Balance dI � Rosalie Chavez, City Sedr�tary AMOUNT Ems■ $ 4,636.65 $13,168.47 $12,246.68 pox SOLIVA�i, STREET SAIdGER, TE][AS T6�e66 siy-4�a-?93o CITY OF BANGER P.O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM TO: John Hamilton, City Managern� FROM: Rose Chavez, City Secretary 'C DATE: November 9, 1993 SUBJECT: Billing for 10-20mw93 USAGE Total Water Gallons Total Sewer Gallons Total KWH LLING 10, 548, 500 10,548,500 2,003,356 Electric Billing 159,545.64 Water Billing 34,127.61 Sewer Billing 23,057.31 Sanitation Billing 1La, 8 7 $ 230, 249.31 BRA- ZOS BILL s$104.781.42 WADEI3 �10. OF METERS RESIDENTAL COMMERC L MZM1-L IN SERVICESE-WESANTO SEWER SANT. 1312 1491 1293 1307 131 144 ELECTRLC FMMI CALACMIATED.Y.UEI:. METERS ADJUSTMENT ADJUSTMENT 1723 .01840 OLD: 0.01806 NEW: 0,0184011 RC:es HUNTER ASSOCIATES, INC. I Elk ENGINEERS/PLANNERS/SURVEYORS 6140 WALNUT HILL LANE • ONE GLEN LAKES • SUITE 500 • DALLAS, TEXAS 75231-4350 • 214/5639171 1106 CLAYTON LANE • SURE 410E • AUSTIN, TEXAS 78723-1033 • 5121454.8716 November 3, 1993 Mr. Ron Davis All -Tex Paving, Inc. 2462 Walnut Ridge Dallas, TX 75229 Re: 'raving improvements Bolivar St./Tenth St./Seventh St. Sanger, Texas Dear Mr. Davis: RICHARD G. FAG IN, P.E. J. TRAVIS ROBERTS, JR., P.E. ALL S. BOEDEKER, P.E. HAL B. JONES, P.E. SAM C. MCKENZIE, JR,, P.E. CHAFILES W. SCHELER, P.E. RICHARD K. ST. JOHN, P.E. CHARLES A. DAVIS, P.E. JOHN L. MEARS, P.E. NOV 5 1993777 1 j An inspection of the above referenced project was conducted earlier today, Wednesday, November 3, 1993 with City Staff, All -Tex Paving, and Hunter Associates. As per the inspection, the following general "punch list" items were cited: (Seventh Street) North to South Construct concrete apron and flume at grate inlet (west) as specified Complete grate inlets at Pecan Street Seal cracks near Station 3+00± Repair east curb near flume at Elm Street (Bolivar Street Replace asphalt valley gutter for smoother driving surface as specified Grade drainage outlet to drain (Tenth Street) North to South - - Replace concrete walk at lot east of Tenth Street at Bolivar Street as specified Seal cracks near Station 18+50± Seal cracks, Station 13+00± to Station 16+00± Construct concrete drive at Station 13+00 (west) Repair concrete walk, drive at southeast corner Street and Tenth Street Seal cracks, Station 2+00± to Station 4+00± Repair asphalt transition at Austin Street of Willow November 3 , mm Mr. Ron Davis, All -Tex Paving Paving Improvements Sanger, Texas Page two. Upon completion of the above mentioned "punch list" items by All -Tex Paving, Inc., the City will evaluate acceptance of this project, pay the retainage, and commence with the one (1) year maintenance bond. Should you have any questions, please feel free to contact us. Sincerely, HUNTER ASSOCIATES, INC. �. John L. Mears, P.E. Project Manager JLM/akh cc: Mr. John Hamilton, City of Sanger BSN/9306PNCH.AKH/BSN t FIRE .� � �� � �. �' � � CITY �. �! `' EMS YEAR TO DATE iIZUN REPORT ,� UP TO "���,�[�� .�/, � `�f� TOTAL RUNS ��":� '`� �� % ���' `� COUNT`1 :�� �� . FIRE ��i t,},�,,c//�� HOURS OF VOLUNTEER TIME ON RUNS � 79 HOUT,S OF VOLUNTEER TIME IN TRAINING �� HOURS OF VOLUNTEER TIME PREVENTIVE MAINTENANCE FIRE �� HOURS OF VOLUNTEER TIME�TN FIRE PREVENTION CITY �� EMS �y MONTHLY RUN REPORT MONTH "�'-i��E'� TOTAL RUNS ��" �� COUNTY FIRE r��i .J HOURS OF VOLUNTEER TIME ON RUNS /D� HOURS OI' VOLUNTEER �;Tl'ME TN TRAINING �I� 1I i " 7.`� �. �� HOURS OF VOLUNTEEI�,._�TIMEPREVENTIVE MAINTENANCE HOURS OF VOLUNTEER TIME TN FIRE PREVENTION C ���� ��,�� f� � � �i r�r�������j � �,� cl� �s AU ;� l ���� �1 � v�, cic��a� I z v ,b,���.�>, �� , ��� c�IYIOR'� (.����L'�C/'�'i-.J C�/V�il) CiliY j� EMS r L�. EMS �� v s✓ ' v--�=�-w�-�--���r-�-�-������-�w��� ��-�-���-��-w �-��--�-��-�- � �-�+-�-�'-�-��-��-}ter-��-s-��-�-� OC`I'OBEI: 19 9 a `i'430 PART—TIMIa PAID POSI'T'IONS ARE C_iP1,1`l l:IN 'I'1-IL ;� . V . F . D . : 1. TRAINING COORDINATOR $265.G0 PER 1�i0'tI'1'ii CLOSI.4 1-1/1I 2. FIRE MARSHAL ;{;2'Y5.00 PER MONTH CI-,OSL;; 11/29 PICK UP APPLICATIONS AR CI'PY HALL f,1dD RETUItCJ `L'I:AINING DURING OC`.1'OBER :L993— 'I'HE FIRE DEP'I'. IIAS S`TAR`TED A 'TAC'i'IC:t�L :tINFORIila'1'IOII SUT:VI`Y 1='ICOC;�c1I-I ( T. I . S.) . WE GO INTO A BUILDING LOOKING AT 'IHLe TYPE 01'' CONSTRUCTION, INTB)E ,IOR LAYOUT, FIKE LOAD, UTILITY LOCA"I'IONS, AND ANY OTHER INFORMATION WE CAN GATHER. 'TH7:�' COM%MAID AND IN-- `TERIOR FIRE ATTACK 'TEAMS AN ADDED ADVANTAGE, `1'11E iOLLOWING BUILDINGS HAVE BEEN SURVEYED: H AND H T014ATO TEN STRIKE OIL SANGER DRUG BANGER FLORIST SMITH HARDWARE CHAMBER OF COMMERC BANGER MIRROR AND ;LASS PAM'S DANCE STUDIO CINDY'S DANCE STUDIO WORLD VID1.O GROCERY ON THE SQUARE MERL NORMAN C:I'1'Y HALL SR. CI'T'IG NS BUILDING IIOLLI11GSV10RTH IviFG WEBSTER ACCOUNTING MITCHELL CABI'IIE'T' �S'IIOP RGAIN D;PO'I' FIRST BAPTIST CHURC'II CHURCH OF CHRIST WILFONG BUILDING RADIO SHACK GOLDSTEIN'S 'TRAINING DURING INOVEMBER WE WILL T'1NISI-I Z'HE 'T'. A BOOK COMPLETED WITH THE DRAWINGS OF THE BUILDINGS THEN BE PUT IN THE FRONT OF THE ENGINE FOR USE. IN DECEMBER WE WILL MEET DEC . I'i'II, "14'I'I-i , AND 28'TII . ON 'PHE MEETING WILL START AT 06:30 1'M FOR OFFICER ELEC'1'IONS. A'T' 7*00 PM WE WILL START A DEFENSIVE DRIVING COUI:SE. (YOU CAN GET 10% OFF OF YOUR CAR INSURANCE) DEFENSIVE DRIVING WILL IE': A SIX HOUR COURSE FROM 7:00 PM TO 10:00 PM BO`IH DEC. 7 AND 14TII. JOE MARSHALL , A FORMER S . V . I' . D . MEMBER WILL `PEACH IT. HE IS NOT A LECTURER BUT I`T' WILL BE APPLIED TO THE TIRE SERVICE. YOU1: SPOUSE MAY ATTEND AT A COST OF tj>'17.00 FOR THE COURSE. E.C.A. SCHOOL DATES -- SAT. NOV. 13 0800-1700 Ill' YOU NEED TINY C.E. HOURS YOU SAT-. NOV. 20 0800-1700 MAY ATTEND ANY OF THE CLASSIC'S SAT. DEC. 4 0800-1 700 AIN"D RECEIV'I C'.Is . CREDI'1'. SAT. DEC. 11 0800-1.700 PAGE 2. BANGER VOL. FIRE DEPT. FILLED -IN DEIV'I'UN ON OCTOBER 30, 1993. WE RAN OUT OF STA. 5. MADE ALL TIIE RUNS FOR THAT TIME SPAN -- EMS RUN TO THE JAIL AND A CAR FIRE, THANKS TO ICEI`i'H NEWTON, JEFF MCNEILL, CALVIN TIPTON, AND KIM WILSON, KEITH NEWTON WENT 'i'0 PTIYSICAL FITNESS SCHOOL. HE CAN NOW GIVE US ADVICE ON HOW TO GET INTO SHAPE AND LIVE LONGER, DR. PERRY IS NOW TIIE CI'PY I-IEAL'I'H DIRECTOR. IF YO[1 HAVE AN EXPOSURE YOU WILL NEED TO CONTACT HIM SO HE CAN FOLLOW UP, AS YOU CAN SEE BY THE RUN REPORT WE ARE WAY AHEAD OF LAST YEAR, THANKS TO ALL OF YOU FOR YOUR TIME GIVEN TO THE FIRE DEPT, AND THE COMMUNITY. KEI'PH SPENT A NUMBER OF' HOURS AND THE GUYS THAT HELPED HIM FOR ALL THAT THEY DO FOR US . SINCERELY, BILL MURRELL, FIRE CHIEF TALKING FIRE SAFE'I'Y. TELL KEITH "`i'HANKS". ALSO THE LADIES AUXILIARY P.S. BLUE -BELL OWERS BOBBY I'AGILE AND BONNIE SWANSON POI2 BEING A STAR. JR. JACKSON FOR GOING TO WORK AS A COLLEYVILLE FIREFIGHTER. CHIEF MURRELL FOR BEING ELECTED TO TI-IE DALLAS FIRE DEPT, PARAMEDIC ADVISORY BOARD, (EITH NEWTON FOR WORKING SO MUCH OVERTIME. )AVID TINBERG FOR TYING THE KNOT, MAYOR PRO-TEM JEERY JENKINS FOR RETIRING. CONTRACT The Emergency Food Assistance Program Contract Distribution of USDA Commodities The North Texas Food Bank and _ Jo hereby make and enter into t PART I: The Parties mutually agree: City of Sanger s contract. ti. llt 1.11C CVCiII.. l.11dl. 1.11G Dt1UC;Vllt.ZdC:I.VL 1d115 1.V �JZVV1t1e SVZ-V1Ge5 in accordance with the provisions of this contract, the North Texas Food Bank, Upon written notice of default to the subcontractor, shall immediately terminate the whole or any part of this contract, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. B. Furthermore, in the event that Federal or State laws or other requirements be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, and in that event, the parties shall be discharged from any further obligation created under the terms of this contract, except for the equitable settlement of their respective accrued interests or obligations incurred up on to the date of termination. C. This contract may be canceled by mutual consent; however, if such mutual consent cannot be attained, then and in that event, either party to this contract may consider it to be canceled without cause by giving of thirty (30) days notice in writing to the other party and this contract shall thereupon be canceled upon the expiration of such thirty (30) day period. Nothing in this paragraph shall be construed to prohibit immediate cancellation for breach of contract pursuant to above paragraphs A and/or B. PART II: The subcontractor agrees to the following: A. That it is either a public institution or a non-profit, tax exempt private institution. B. That commodities received under this contract shall be used: For distribution to eligible individuals as defined by the Texas Department of Human Services in such amounts �.� 4 authorized by the TDHS provided guidelines. Tittle I commodities will be used for this purpose. C. That commodities received under this contract will only be used for the purposes specified in Article II, B, and will not be sold, traded, or otherwise disposed of without consent of the North Texas Food Bank. D. That payment in money, materials, or services for, or in connection with, the receipt of commodities shall not be required of individuals under any circumstance. E. That membership in a specific organization, attendance at the meeting of a specific organization, or membership dues shall not be required of applicants for emergency food. F. That commodities shall be made available to all eligible individuals regardless of race, color, national origin,sex, age, religious belief, political affiliation or handicap. G. That the availability of commodities, the date, time, and location of serving or distribution will be publicized. H. That the eligibility of needy individuals to receive Title II commodities will be determined by using the most up-to-date Department of Human Services Income Eligibility Guidelines and the Application/Distribution Record 4517, A & B. I. That the amount of Title II commodities to be issued to a household shall be determined by using the Department of Human Services Distribution Guidelines, J. That donated foods received under this agreement will be properly stored and handled to ensure their condition and safety. K. That any foods that are in questionable condition shall not be issued and that the North Texas Food Bank shall be contacted immediately. L. That accurate and complete records will be maintained by the subcontractor concerning, 1) The receipt, inventory, distribution and/or disposal of all commodities received under The Emergency Food Assistance Program. 2) The eligibility of all program participants. 3) Any additional information required by the North Texas Food Bank in Accordance with the Department of Human Services to meet the requirements of The Emergency Food Assistance Program and the regulations contained thereunder. 0 0 J ' %3 9 M. That all records will be kept for three years and 90 days after termination of this agreement, or for three years after the end of the federal fiscal year in which services were provided, or, if audited within the three year period, until all audit questions are resolved. N. That the subcontractor shall allow the North Texas Food Bank, the Department of Human Services, and USDA-FNS officials and other relevant officials to inspect facilities and records, and audit and copy such records, at any reasonable time. 0. That payment shall be made to the North Texas Food Bank for any improper distribution or use of donated commodities, and for the loss of, or damage to, donated foods caused by the subcontractor's fault or negligence. That the subcontractor shall be responsible for any audit exceptions or payment deficiency in the program covered by the North Texas Food Bank, the Department of Human Services, or the USDA and shall be responsible for the collection and payback of any amount paid in excess of the proper billing amount. P. That the subcontractor shall notify the North Texas Food bank of any problem or complaints and shall request guidance if it is needed. Q. That any commodities remaining on hand after the ending date of this contract or upon termination of this contract shall be disposed of in accordance with the instruction from the North Texas Food Bank. R. That commodities shall be picked up from the North Texas Food Bank in accordance with a schedule as determined by the NTFB and the subcontractor. S. A ninety (90) day provisionary period is established at the beginning of the contractual agreement. If during this time, this distribution site does not conform to the policies set by the NTFB and the State of Texas, the NTFB has the right to discontinue the service at the distribution site. T. Form 4520, the report of receipt and distribution of donated commodities must be completed and returned by the fifth day of the month following the distribution. U. That the distribution of commodities shall not be used as a means for furthering the political interest of any individual or party. V. That the subcontractor agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under this contract. PART III. f1 The North Texas Food Bank agrees to the following. A. To provide USDA donated commodities in amounts it deems appropriate to the subcontractor for distribution in accordance with The Emergency Food Program regulations and this contract. B. That it will provide guidance %J the receipt, storage, and distribution of commodities. C. That subcontractors will be provided application/eligibility determination/distribution forms, income eligibility and distribution guidelines, posters, and written instructions for forms. D. That subcontractors will be provided with technical assistance or guidance upon request. �:. 'Tinat the suixoiicractOr 5iidii lot be c:iiaiyeci fur tiie USDA donated food or for services related to the storage of distribution of that food. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated, affix their signatures and bid themselves effective from October 1, 1993 and continuing through September 30, 1994. City of Sanger Agency Name P. 0. Box 578, Sanger, TX 76266 Agenc Addr ss (1 lude zip code) I� Si�n�ture of Authorized Representative John Hamilton Name of Person Signing (Please Print) City Administrator Title of Authorized Representative November 8, 1993 Date 817-458-7930 Telephone Number NORTH TEXAS FOOD BANK Lorianne V. Palmer Executive Director Date AGENCY NAME USDA SUB -CONTRACTORS INFORMATION UPDATE FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM City of Sanger MAILING ADDRESS P. O. Box 578I Sanger, Texas 76266 DISTRIBUTION SITE BUILDING NAME Sanger Community Center DISTRIBUTION SITE ADDRESS iui rreese Drive, ranger, iexas PROGRAM ADMINISTRATOR Eunice Gra PROGRAM ADMINISTRATOR Eunice Gray FOOD CONTACT Eunice Gray PHONE NUMBER 817-458-3195 PHONE NUMBER 817-458-3195 FOOD CONTACT ADDRESS 101 Freese Drive, Sanger, Texas DISTRIBUTION DAY 2nd Tuesday of each month DISTRIBUTION TIME 2 - 4 p.m. AVERAGE NUMBER SERVED PER MONTH 207 Families (Includes 541 Individuals) SERVICE AREA (Include zip codes served, area and/or city) Sanger Area NORMAL PICK-UP DAY Tuesday Thank you for completing this information update. Please return it by November 12, 1993 to: Leslie Harrell North Texas Food Bank 4306 Shilling Way Dallas, Texas 75237 SANGLH October 28, 1993 Mr. John Hamilton, City Manager City of Sanger P 0 Box 578 Sanger, Texas 76266 Dear Mr. Hamilton: z s iL Uc l Y OF BANGLE OCT 2 9 1993 m� Tf YAK GNB Sanger wishes to express our support in your efforts in pursuing HOME Program funds for the City of Sanger. As we understand it, the city will apply for $200,000 in HOME Program funds from the Texas Department of Housing and Community Affairs and anticipates assisting at least twelve families in bringing their homes to meet city codes and standards and by providing financial assistance for five first time homebuyers. As discussed with your application consultant, our bank will commit to providing $100,000 in financing for the acquisition of homes and/or for home improvement loans in order to help leverage these public funds. Of course, this assistance will be based on the premise that such applicants must also meet our underwriting standards as well as those required by your program. However, our bank will try to be as flexible as we can in order for you to meet the objectives of the HOME Program. Please let me know if I can be of any additional help in assisting the city in this endeavor. Sincerely, W W. Garland Thornton, Jr. Executive Officer and Senior Vice President GT/vj W cc: Shelly Green, Administrative Governmental Service Agency, 10935 Estate Lane, Suite 475 Dallas, Texas 75238 Assistant Inc. OU00�3 100 Exchange Blvd. Telephone (817) 458-7404 P.O, Box 128 `An Independent Bank" Denton (817) 387-4022 Sanger, TX 76266 Facsimile (817) 458-3536 C� W 0 5a vt ;d rat V �v it ** �fd u 0 � VJ �y r rt rn " * r-* o w N to ('drE 5 (OD CD r O ro C b N Cn ,a© W NNS`)�1S`)WGtW:a:a:a,a a �80 Oo m 100(Dm to K)0C L N CO rn © :.JI cCQ��i 000 N O 80NOO�OC7000000 N cp0f0© (pflp V NNV CtiT,,i �l 6�1 ppCY)070)0)N) O�CWn W O 00 a0C3n0� aOW 0114 7 N N �00) A NOCWTt00o00�Cil W Nul 31 A O a Cn c0 W .a 00(0 Cn O OOCnO W O W 000000 00ol OOOOCWO N 0) NOOCWT��j0000 N W 'mot N N N 00pW cr Cn tppnpOW 000p00p0©�pO©O©O�J 880 00 8 0070 C) 000�©88© Frontier Waste Management, Inc. .\ P.O. Box 758 • Sanger, TX 76266 • (817) 458-3566 Commercial Accounts Customer's Name Billing Address WITHOUT CONTAINERS 2 Pickups ..................... 3 Pickups ..................... 5 Pickups ..................... 1'/z YARD CONTAINERS Number of Containers..... Once a Week ................. Joo37_ Twice a Week, . a 0 0 a 6 a 0 0 0 0 M a 29 toot* Three a Week"��—' � Other........................... 3 YARD CONTAINERS Number of Containers..... Once a Week ................. 2cl 4'1see Twice a Week ................ Q ��_ Three a Week ................ �7. 66 Other...................... tote. 4 YARD CONTAINERS Number of Containers..... Once a Week ................. Twice a Week ................ Three a Week ................ there ......................... . •D'Q Name of Officer (please print or type) Authorized Signature Phone 3oyd Total ............. ��/ 00 T E X A S MUNICIPAL LEAGUi: November 10, 1993 TO: All TML Member Cities Under 5,000 Population > `� FROM: Frank J. Sturzl, Executive Director�``Ct,�-t,�� ��;i :'"��(,1,�'U SUBJECT: Recent TML Legal. Brief You may have recently received a letter from the City of Argyle relating to a legal brief filed by the Texas Municipal League. That TML brief was filed with the Texas Natural Resource Conservation Commission (TNRCC); it addresses the issues raised in an ongoing hearing for a landfill permit. Since the letter from the City of Argyle may have led you to believe that TML has turned its back on its smaller member cities, I am writing to assure you that is not the case and to explain what TML did and why we did it. Even If you did not receive a letter from the City of Argyle, I believe the following information will be of interest to you. BACKGROUND For the past six years, TML has been an active player in a battle at both the federal and state levels to ensure that solid waste rules adopted by the U.S. Environmental. Protection Agency (EPA) and TNRCC are as reasonable as possible and the least restrictive possible. We have done this because these solid waste rules -- the so- called Subtitle D nlles -- can dramatically affect the ability of cities to provide solid waste services. These Subtitle D rules are based on a federal law. They relate to the siting, operation, closure, and post -closure care of municipal solid waste landfills. Under the law, the EPA must adopt federal rules, and then each state must adopt federaliy- approved versions of the EPA rules. The EPA began to develop its rules at least six years ago. After afour-year battle in which TML actively participated, the EPA finally adopted its rules in October 1991. Those rules are certainly not all that cities wanted, but they are, in our judgement, as reasonable as we could have hoped for. Two ye�:Irs ago, then, TML turned its attention to the state level and worked hard to ensure that the state of Texas, through the TNRCC, did not adopt state rules that are more burdensome and restrictive than the EPA rules. Here again, we met with some degree of success. The TNRCC Chairman pledged to us that the state rules and technical criteria would not exceed the provisions of the EPA rules. TML participated in a variety of task forces and committees to ensure that the municipal 211 East Seventh, Suite 1020 ® Austin, Texas 78701-3283 • (5 t 2) 478-6601 view was well known and well understood as the state niles were being written. To a great extent, we prevailed, and we believe that the state rules, like the EPA rules, are as reasonable and rational as we could have hoped for. Despite these successes, the rules are still very harsh and have had the effect of forcing many -- but not all -- cities out of the landfill business. And we had -- and still have -- the lingering fear that the TNRCC could still hurt Texas cities of all sizes by processing landfill permit applications in a way which is not authorized by either federal or state laws or rules and which, in fact, exceeds those hard-fought laws and rules. Because of this remaining concern, we care a great deal about the way in which the TNRCC does or does not follow its own rules when ruling on landfill permit applications. The TML efforts in this regard are based on two TML Board policies: (1) to ensure that solid waste miles are n_ s reasnnnhlP and nffnrrinhlP nr. „nee;htsm n„fi IIN *„ .V VUUill1 V, K411 `(d� .�J oppose any initiatives which would restrict the siting of landfills. These are Board - adopted policies, and the TML staff is charged with defending them in the legislature and before federal and state agencies. THE CURRENT CASE These long-standing TML positions and efforts are now being threatened. In a current landfill permit proceeding, the TNRCC hearing examiner has recommended that a landfill permit be denied for reasons which, we believe, exceed the hard- fought Subtitle D rules. Most notably, the examiner has recommended that the permit be denied because of the proposed landfill's presumed, negative effect on the value of surrounding land. We believe the examiner's reasoning is flawed and would set an extremely onerous precedent for Texas cities for the following reasons. 1. this "land value" criterion is not, in our judgement, authorized by either federal or state statutes or rules, and would violate the TNRCC Chairman's pledge to TML that state actions would not exceed federal actions; 2. if this burdensome criterion is established and regularly applied, it would have the effect of making it extremely difficult -- if not impossible -- for Texas cities to site landfills, to expand landfills, to build transfer stations, or to carry out any other activity over which the TNRCC has permit authority; and 3. the development of the land value criterion represents an "end run around the rule -making process in which TML was actively involved for nearly six years. In this particular case, the applicant for, the landfill is a private corporation, the location is Denton County, and among the parties that are opposing the landfill are ten Texas cities, including the City of Argyle. TMI, ACTIQN With this situation facingg the League, I decided that TML should file a legal brief with the Commission. We did so on October 19, 1993. Our brief clearly stated that ...Although the applicant in this matter is a private entity rather than a municipality, TML is concerned that the policy proposed in the PFD [hearing examiner's recommendation] could be applied to applications for permits by local governments. In addition, many cities are or will be served by regional landfills, such as the one proposed, that are owned by private entities. Accordingly, TML files this amicus brief to address that policy tissue and to comment on another significant issue in the matter. While it is necessary to discuss attributes of the landfill in regard to those issues, TML has no position on the merits of [the] application or the landfill, and TML supports its members'right to oppose the same. In other words, TML made it clear that we have no position on the particular iandfin in question, but we do oppose the practice of using a permit hearing to impose siting restrictions that violate the TNRCC's pledge to us, that exceed the authority of federal and state laws, that could be used against cities in the future, and that are in direct opposition to TML Board policy. Accordingly, TML requested that the TNRCC reject the hearing examiner's recommendation, not because we support the landfill, but because we oppose the imposition of what we believe is an unauthorized siting restriction that will, in the future, be used against cities when they apply for permits. Some parties have characterized TML's actions as a betrayal of small cities in favor of larger cities. It was not. TML's actions in this case -- as in all cases -- are undertaken with the best interests of cities of every size in mind. I am confident that if we hadn't taken this action, and if the TNRCC in the future routinely denies applications because of this "land value" criterion, TML would come under criticism for not taking any actions to oppose this criterion and for not carrying out TML Board policy. THI+; TML I30ARD'S ACTION The .TML Board met on November 3 in San Antonio. The Board discussed this issueI and the staff presented these three questions to the Board: 1. Should TML drop its opposition to landfill siting restrictions? 2. Even. if TML continues to oppose landfill siting restrictions, should we create an exception for permit hearings in which cities are opposing a landfill? That is, should TML take no actions during permit hearings in which cities are protestants, regardless of the siting restrictions being applied and regardless of the issues being raised? 3. Should TML withdraw and refute its brief in this current proceeding? . The TML Board voted unanimously to continue our opposition to siting restrictions, even during permit hearings in which cities are protesting the permit. The Board also voted unanimously not to withdraw and refute our brief. In conclusion, I want to note that the TML Board and staff are extremely proud of the Leapue's support of small cities. TML's small cities programs, under the leadership of the Board and the Small Cities Advisory Council, are recognized as groundbreaking, model programs by other state municipal leagues. It is unfortunate that these recent events have been portrayed by some as a betrayal of small cities. I think it should also be noted that among the 26 elected officials on the TML Board that unanimously took_ the actions outlined above, eight are from cities of less than 5,000 population, and five of them are from cities of less than 3,500 population. I hope this information is useful to you. If you have please call me or Monte Akers at TML (512/47&6601)0 cc: TML Board of Directors Small Cities Advisory Council any questions or comments, _7 cabievis1011 Nave"I 10, 1993 Honorable Nel Armstrong Mayor, City of Sanger P. O. Box 578 Sanger, Tx. 76266 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mayor Armstrong: i ilE t�i l Y' UV SANUrZ 1 �e � 5 1993 NOV 1 As a result of the new Federal regulations, and after further consideration and investigation by our accountants and F.C.C. attorneys, numerous changes will occur in the way in which we can provide service to our customers in Sanger. These changes insure that Galaxy Cablevision maintains a revenue neutral position. Effective December 9, 1y93, the monthly rate for i�asic Service and converter charges will change. The Basic Service charge will be reduced from $21.75 to $20.55. Charges for remote control converters will be reduced from $2.00 to $1.00 per month, and manual converters from $1.00 to $.50 per month. Additional cable outlets will still be offered at no monthly charge. However, reducing our rates tc provide The Disney Channel, `fNT, extra cost. These channels will channel" a la carte basis for only three channels, this level mearis we can no longer. and TBS on the Basic Service at no continue to be available on a "per $1.00 a month each or $2.00 for all Nearly three years ago, Galaxy Cablevision became ane of only a few companies to provirle The Disney Channel on Basic Service at no extr.a cost. Even though The Disney Channel is quite an expensive Service to offer on Basic, we felt this channel would please our customers with its excellent family programming. There is, however, nothing in the new Federal regulations that differentiates between the high cost of providing quality family entertainment such as The Disney Channel, TNT, and TBS from other satellite delivered services, like a shopping channel. We are, therefore, forced to offer these three channels on an a la carte basis. Customers who currently subscribe to Basic and a remote converter (the mayor ity of customers in Sanger) will art.ually see a $ . ?.0 reduction under this restructuring plan. Customers without a converter will see an increase of $.80. This is assuming they keep all channels offered. P.O. Box 517 o Arp, Texas 75750 • (903) 859.4811 Mayor Armstrong:, Page 2 Although the new rules have changed the way in which we can provide cablo service, we are striving to make the new law work for everyone. We are proud the Federal Government has affirmed that our basic rates are fairly priced based on the level of service we provide our customers. Enclosed is a copy of -'a letter which will be ;cent to all our customers. If you have any questions in this matter, or if we can assist you in any way, please let us know. Sincerely, . A4 7' t c�� c�c �i✓ Bill Flowers�1� Vice President South Central Operations Enclosure Dear Valued Galaxy Cablevision Customer: The new Federal regulations under The Cable Television Consumer Protection Act of 1992 continue to affect your cable service. Galaxy Cablevision is attempting to comply with all aspects of the new rules which are very complex and continue to change. Beginning December 9, 1993, your monthly Basic service and converter charges will once again change. Your monthly Basic service charge will be reduced from $21.75 to $20.55. Monthly converter charges will also be reduced. Remote converters will be reduced from $2.00 to $1.00 per month and manual set -top converters will be reduced from $1.00 to $.50 a month. You will also continue to enjoy additional onti_ats ;n ymur home at no additional cost. I_ Removed from this new lower priced Basic service will be The Disney Channel, TNT, and TBS. These services will be available on a "per channel" a la carte basis for only $1.00 per channel per month, or you may receive all three channels for only $2.00 per month. Nearly three years ago, Galaxy Cablevision became one of only a handful of cable companies to provide The Disney Channel to you at no additional monthly charge. Even though The, Disney Channel is quite an expensive service for us to offer on our basic lineup, we felt it created a more valuable Basic service for you. There is, however, nothing in the new federal rules that differentiates between the high cost involved in providing quality family entertainment like The Disney Channel, TNT, TBS, and other satellite delivered services. We are, therefore, forced to offer these services on an a la carte basis for a small monthly fee. Those of you who currently have IIasic service and a remote converter will actually see your bill reduced by $.20 per month under this restructuring plan. Those of you without a converter will see an increase of $.80, assuming you choose to keep all the a la carte channels. These changuts will appear on your present statement. Those of you who do not. wish to continue receiving any or all of the a la carte channels, please contact us at 1-800-ENJOY TV (1-800-365-6988). We at Galaxy are proud the Federal Government has affirmed that our basic rates are fairly priced in most of the communities we serve based on the level of service we provide our customers. We do regret, however, the confusion with regard to your Basic service rate. Although the new FCC regulations have changed the way in which we can provide cable television service to you, we are striving to make the new law work for everyone. We continue to focus on quality customer service and invite you to contact us if we may be of assistance to you 4n any way.