Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10/18/1993-CC-Agenda Packet-Regular
CITY COUNCIL AGENDA OCTOBER 18, 1993 201 BOLIVAR STREET, CITY HALL 7:00 P.M. 1. Call to Order, Invocation and Pledge to the Flag 2. CONSENT AGENDA a). Approve Minutes b). Payment #3 - Ali -Tex Paving, Inc.-Bolivar/Tenth/Seventh $1139324.55 c). Proclamation #P6-93 - "Stay In School, Stay Off Drugs" d). Resolution #R 12-93 - Supporting School Prayer AGENDA 3. Citizen's Input 4. Consider and Possible Action Regarding Storm Drain Safety Program - Mr. Doug McCowan/Boy Scouts 5. Consider and Possible Action Regarding Ordinance #015-93, Amending The Animal Control Provisions of the Code of Ordinances �. Consider and Possible Action Regarding Ordinance #O1C-93, Cable Television Regulations 7. Consider and Possible Action Authorizing Bids for Solid Waste Collection Services 8. Consider and Possible Action Regarding Interlocal Agreement, Fire Service -Denton County and City of Sanger 9. Consider and Possible Action Regarding Request For Use of the Community Center 10. City Administration Report 11. Any Other Such Matters 12. Adjournment Rosalie Chavez, City Sel�retary 10/15/93 10:45 a.m. Date &Time Posted J MINUTES: City Council Meeting October 4, 1993 MEMBERS PRESENT: Mayor Pro -Tern Jerry Jenkins, Councilwoman Margie Braxton, Councilman Russell Madden, Councilman Jack Richardson, and Councilman Tommy Kincaid MEMBERS ABSENT: Mayor Nel Armstrong PRE(zENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Public Works Superintendent Chuck Tucker, Electric Superintendent Larry Yoast, Chief of Police Benny Erwin, Edgar Barrow, Delania Trigg - Sanger Courier, and Glen Ervin 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. 2. CONSENfi AGENDA a). Approve Minutes b}. Payment #4 & Final - 1st ABC Construction Specialists, Inc., $4,215.QQ Motion was made by Councilman Kincaid to approve Consent Agenda. Seconded by Councilman Madden. Motion carried with one no vote - Councilman Richardson. 3. Citizen's Input: Mr. Glen Ervin, 9I2 Bolivar, Sanger, Texas - Mr. Ervin presented a letter to the City Administrator and City Council regarding a complaint relating to some electrical work that was done and ditches not being filled in, along with some personnel problems. 4. Consider and Possible Action Regarding Resolution #R10-93, Unfunded Mandates Day Discussion. CC MIN., 10/4/93, PAGE 2 RESOLUTION #R19-93 CITY OF SANGER, TEXAS A RESQLUTION OF THE CITY OF SANGER, DENTON COUNTY, TEXAS: WHEREAS, federal unfunded mandates on city governments have increased significantly in recent years Motion was made by Councilman Richardson to adopt Resolution #R10-93. Seconded by Councilman Madden. Motion carried. 5. Consider and Possible Action Regarding Resolution #R 11-93, Water Conservation Plan Discussion. RESOLUTIQN #R11-93 CITY OF SANGER, TEXAS A RESQLUTION OF THE CITY OF SANGER, DENTON COUNTY, TEXAS: City of Sanger, Denton County, Texas, a participating member of the Upper Trinity Regional Water District. That both a Water Conservation Plan and an Emergency Water Management Plan are adopted for the protection and benefit of the customers of the Municipal Water System and the entire community. Motion was made by Councilwoman Braxton to adopt Resolution #R 11-93, Water Conservation Plan. Seconded by Councilman Kincaid. Motion carried. 6. Consider and Possible Action Regarding Authorizing Bids for New Dump Truck -Water Department City Administrator briefly stated that this is a budgeted item for 93/94 dump truck on a 4$ month lease/purchase price of $25,OOa. Motion was made by Councilman Madden to authorize staff to advertise far bids for dump truck as proposed in the 93/94 budget. Seconded by Councilman Richardson. Motion carried. CC MIN., l0/4/93, PAGE 3 7. City Administration Report City Administrator reported on the following items: a). Texas Parks and VtTildlife Department was contacted by telephone regarding status on the marina. Staff was advised that the Department's Attorney and Mr. Harbour's Attorney are currently negotiating the final details of the contract for the marina. No exact date that this process would be completed I s unknown. b). TML Annual Conference in San Antonio is November 3-6. If anyone wants to attend, please let him know as soon as possible in order that travel arrangements and reservations can be processed. c}. The FCC form that enables the City to be a certified Cable T.�l. regulator was filed in September 27. In the mail today, we received the enacting ordinance from the City Attorney. It will be on the agenda at the next City Council Meeting. d). fihe Texas Board of Plumbing Examiners adapted rules ( 22 TAC, 363.1 (C) ) effective 8/25/93 which will require higher standards of proficiency for plumbing inspectors. The new rules will require a municipality's plumbing inspector (1) to be a licensed journeyman or master plumber, or (2) to have the equivalent of six thousand (6,000) hours of experience in the plumbing trade. City Administrator does not know what this means to the City; however, as soon as they do investigate all options, they will report back to Council. e}. The chip seal work on Keeton from FM 455 south to Duck Creek has been completed. f). The work on 10th Street is progressing with the final concrete pour from Marshall Street south to Austin, currently scheduled for mid -week (Oct. 6 or 7). City Administrator stated that some residents in that area have expressed their approval of the street. g). The walking track at the Community Center Park is complete. Eight times around is one mile. Some dirt work is all that needs to be done. CC MIN., 10/4/93, PAGE 4 h). Six street lights, Railroad Avenue and patches on Willow and Jones have been completed as requested by the area residents. Removal of demolished house should be accomplished this week. All the concerns from citizens that were bought to City Council at their September 7, 1993 meeting have been addressed and corrected except for the bird problem. They still have not found a dead specimen to send off for an autopsy. City Administrator will develop a plan this winter and will keep Council informed. i. Texas Fire Commission was here today and conducted their Key Rate Inspection. Both Chuck and Craig met with him and provided information he was requesting. A report on his recommendations will be sent later. j. Larry Yoast stated the status on the transformers is they will try to put everything on a priority list and see what could be taken out of the budget and contingency. 8. Executive Session to Article 6252-17, Vernon's Civil Statutes, 2(g). Personnel - City Administrator & 9. Consider and Possible Action Regarding Executive Session, were tabled to allow Mayor Armstrong opportunity to be present when these items will be discussed. 10. Any tither Such Matters a). Councilman Kincaid stated Council should try to get Dodge to bid on the new dump truck. b). Councilman Madden asked about the speed limit on 10th Street. City Admstrator stated the speed will be reduced down by five (5) miles. They will also do another traffic count to consider a 4-way stop sign. c). Councilman Madden also inquired if we ever gat an answer from Washington concerning the birds. d). City Administrator advised that the questions concerning the bird problems was directed to the two senators and their reply was that they would get back with us. CC MIN., 10/4/93, PAGE 5 City Administrator advised he did go and talk with Mrs. Price and advised her of the status. e). Councilman Madden stated that a street light is out on 1(7th and Bolivar. Larry Yoast advised they had a supply of bad bulbs and that's what happened to that street light. f). Mayor Pro-Tem Jenkins requested that the Resolution requesting Prayer in Schools be placed on the City Council agenda. g}. Mayor Pro-Tem Jenkins asked if there was discussion in the budget regarding street sweeping contract. City Administrator stated it was in the budget and BFI came in under the budget and 2 1/2 miles were added. Mayor Pro-Tem Jenkins asked if we were getting our money's worth. City Administrator stated that for the frequency that we do street sweeping, we are getting our money's worth. h}. Mayor Pro-Tem Jenkins also asked about the problems with the officer's portable radios. If we are having problems we need to get it corrected. Councilwoman Braxton stated it was her understanding in executive session that the radios were working goad. Discussion. City Administrator was instructed to check into the radio situation. City Administrator also advised staff to prepare a report on dispatch alternatives. i}. Mayor Pro-Tem also asked about the keys to the building. It seems the police reserves do not have keys and they can't get into the building as in the past. Chief Erwin was to send a memo to City Administrator regarding the key situation. Discussion. 11. Meeting adjourned. MEMORANDUM TO: FROM: SUBJECT: DATE: CITY OF SANGER P.O. BOX 578 201 BOLIVAR SANGER, TX 76266 Honorable Mayor & Members of The City Council Kellie Wainscott, Accounts Payable Disbursements October 14, 1993 There will be no disbursements submitted for payment for this packet.. The accounting department is still in the process of changing over to the new 1993-94 Budget. Thank you for your time. Sheet 1 of' 3 CONTRACTORS APPLICATION FOR PAYMENT PAY ESTIMATE NO.: Three PERIOD: September 1, 1993 DATE: October 1 1993 TO: October 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 ,qapgarTel!ac! 76266 DallaL� Texas 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 SUBMITTED BY: Total Work Completed $ 253,175.00 By: Material Stored on Site Contract Amount to Date Less 5 o Retained Subtotal $ 253,175.00 $ 12 658.75 $ 240 516.25 Less Previous Payments $ 127 191.70 Amount Due This Period $ 113,324.55 For Contractor Date: Date• 1 o/ ./g3 APPROVED: Date: For Owner o Time Usecl: o Work Completed Sheet 2 of 3 ' NERO 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.: Three FOR PERIOD ENDING: October 1 1993 Item Description Unit of Amount Work Unit Value of No. Measure Bid Compo 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 8 100.00 800�00 P1.3 Remove existing concrete S.Y. 890 750 6.00 4/500900 P1.4 Remove existing drainage pipe L.F. 950 950 3.00 2,850.00 P1.5 Unclassified roadway excavation L.S. 1 1 20,000900 20,000.00 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 186 184.2 80.00 14,736.00 P1.8 5" Concrete pavement with 6" monolithic curb S.Y. 10,100 61382 17.000 108,494.00 p1.09 Concrete pavement headers L.F. 370 132 5.00 660.00 _y010 5" Alley or driveway pavement S.Y. 11180 635 20.00 121700.00 P1.11 4" Sidewalk and handicap ramps S.Y. 140 0 18.00 0.00 P1.12 6" Hot -mix asphalt transition pavement S.Y. 11050 247 15.00 3,705.00 P1.13 6" Concrete curb and gutter L.F. 100 10 10.00 100.00 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 11920.00 P1.17 15" R.C.P. L.F. 160 160 28.00 4,480.00 P1.18 18" R.C.P. L.F. 70 70 30.00 21100.00 P1.19 21" R.C.P. L.F. 340 340 32.00 10,880.00 P1.20 5' Curb Inlet Each 2 2 1,700.00 31400.00 P1.21 Type "S" Headwall Each 7 0 1,000.00 0.00 P1.22 Type "B" Headwall Each 1 0 11500.00 0.00 P1.23 Concrete Riprap C.Y. 7 0 300.00 0.00 P1.24 Trench Safety L.F. 650 520 2.00 1,040.00 TOTAL WORK COMPLETED - Project 1: Tenth St./Seventh St. $ 232,300.00 Sheet 3 of 3 CONTRACTOR'S ESTIMATE f"7NER: 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.: Three FOR PERIOD ENDING: October 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 existing mail boxes Each 1 0 200.00 0.00 P2.3 Remove existing concrete S.Y. 10 5 6.00 30.00 P2.4 Remove existing drainage pipe L.F. 50 50 3.00 150.00 P2.5 Unclassified roadway excavation L.S. 1 1 41000.00 4,000.00 P2.6 Lime treated subgrade S.Y. 850 850 1.90 11615.00 P2.7 Lime Slurry (Type "A", 7.5%) Tons 14 14 80.00 11120.00 P2.8 5" Concrete pavement with 6" monolithic curb S.Y. 400 400 17.00 6,800.00 P2.9 Concrete pavement headers L.F. 82 82 5.00 410.00 .10 5" Alley or driveway pavement S.Y. 20 0 20.00 0.00 r1.11 4" Sidewalk and handicap ramps S.Y. 10 0 18.00 0.00 P2.12 6" Hot -mix asphalt transition pavement S.Y. 350 350 15.00 5,250.00 P2.13 Adjust manhole top Each 1 1 200.00 200.00 P2.14 12" R.C.P. L.F. 24 0 24.00 0.00 P2.15 15" R.C.P. L.F. 18 0 28.00 0.00 P2.16 Trench Safety L.F. 42 0 10.00 0.00 TOTAL WORK COMPLETED - Project 2: Bolivar St. $ 20,875.00 TOTAL WORK COMPLETED - Projects 1 and 2: $__253,175.00 Recommended for Approval, TOTAL AMOUNT OF WORK COMPLETED $ 253 175.00 HUNTER ASSOCIATES, INC. CONSULTING ENGINEERS 8140 WALNUT HILL LANE ONE GLEN LAKES, SUITE 500 DALLAS, TEXAS 75231-4350 Loom Approved Material Stored on Site Contract Amount to Date Less 5 % Retained Subtotal Less Previous Payments 0.00 $ $ 253 175.00 $ 12,658.75 240,516.25 $ $ 127,191.70 Date Balance Due this Period $ 113,324.55 CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM #2362 TO: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Administrator DATE: October 15, 1993 SUBJECT: Proclamation #P6-93 -Dept. of The Army, "Stay In School, Stay Off Drugs" The enclosed Proclamation and material is presented for your consideration as part of the U. S. Army's Anti -Drug Campaign. JH:es Enclosures PROCLAMATION #P6-93 CITY OF SANGER, TEXAS WHEREAS, each and every young person in this country needs at least a high school education for both financial and personal reasons; and, WHEREAS, the United States Army, through to all U. S. youngsters to "stay in school and stay off education provides the best opportunities, whether or working at a civilian job; and, its recruiters, is stressing drugs" because in enlisting in an the Army WHEREAS, Army recruiters will serve as role models for youth and will provide programs encouraging youngsters to stay in school; NOW, THEREFORE, I, NEL ARMSTRONG, Mayor of the City of Sanger, Texas hereby proclaim 1993-94 School Year as: "Stay In Schaal Year" in the City of Sanger, Texas, this Mayor, City of Sanger, Texas ATTEST: Rosalie Chavez, City Secretary y l• September 21, 1993 REPLY TO ATTENTION OF: Office of the Commander Honorable Nel Armstrong Mayor City of Sanger P.O. Box 578 Sanger, TX 76266 Dear Mayor Armstrong: OCT 8 172 a i E Since 1990 the United States Army has been calling on America's youths Ito "Stay In School, Stay Off Drugs." The U.S. Army Recruiting Battalion Dallas, headquartered in Irving, has conducted a very active and successful campaign in communities throughout North Texas. Commanders and recruiters assigned to the battalion have been encouraging students to finish school and earn their diplomas. The U.S. Army has been assisting young people to "Be They Can Be" by serving in the Army. During school year 1993/94, the emphasis will again be on urging them to say no to drugs and to be all they can be in high school --to in School". The growing dropout rate is a concern. The Army will continue to Leaders and businesses nationwide. maor national and j support educators, All Stay " local community The Army's frontline of defense, in this national program, is made up of nearly 5,000 Army recruiters living and working in communities across the nation. All Army recruiters are high school graduates, and most have college experience. As valid role models for high school students, they can present potential dropouts with concrete reasons for staying in school and graduating. In the Dallas/Fort Worth Metroplex, Waco, Tyler and Plano areas, approximately one hundred fifty recruiters are available and ready to support this campaign. Recruiters use posters, video tapes, speeches, and news releases to increase community awareness of the educational crisis our nation is facing. In support of our campaign efforts, I hope you will join the U.S. Army in issuing official proclamation, declaring school year 1993/94 as "Stay In School Year" in your area. I believe your support is essential to reach our goal, to make staying in school the norm in your community. If you need further information regarding this worthy endeavor, please call me or my Public Affairs Officer, Ms. Bobbie Galford, at (214) 594-6337/6415. Enclosure Sincerely, OU ®� Donna L. Kenley Lieutenant Colonel, U.S. Army Commanding Officer TO: FROM: DATE: SUBJECT: CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrator October 15, 1993 Resolution #R 12-93 - Supporting School Prayer The enclosed Resolution and material from Denton County Commissioners Court is included on this agenda at the request of Mayor Pro-Tem Jenkins. JH:es Enclosures RESOLUTION URGING THAT § PROCEEDINGS BEFORE THE PRAYER BE RETURNED TO THE § SANGER CITY COUNCIL PUBLIC SCHOOLS § DENTON COUNTY RESOLUTION #R12-93 CITY OF SANGER, TEXAS The Sanger City Council of Denton County, Texas meeting on the 18th day of October, 1993, considered the fallowing resolution: WHEREAS, the Constitution of the United States Article (1) states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."; and urucQ�nc n"@ natinn wac fnimriar� imnn by manv different reliaious beliefs and ideals of settlers from other countries; and WHEREAS, the framers of our Constitution sought to protect everyone from one mandated state religion; and WHEREAS, our nation was founded on the freedom OF RELIGION and was not founded on the freedom FROM RELIGION; and WHEREAS, through time, court decisions and certain interest groups have contributed to the deterioration of those religious beliefs and ideals to the extent that prayer has been banned from the public school system; and WHEREAS, the Sanger City Council strongly believes that reinstitution of prayer in the public schools will move this nation toward those religious ideals and beliefs upon which this nation was founded; and WHEREAS, the Sanger City Council urges all cities and counties across this State to join in an effort to reinstate prayer in the public schools by passing similar resolutions ana uniting in a "grass roots" movement for that purpose; NOW THEREFORE, BE IT RESOLVED, that the Sanger City Council, Denton County, Texas strongly urges that prayer be returned to the public school systems of this nation and invites all cities and counties across this State to join in an effort to reinstate prayer in the public schools by passing similar resolutions and uniting in a grass roots movement for that purpose. APPROVED AND ADOPTED THIS ATTEST: ------------------------ Rosalie Chavez, City Secretary day of -----------Mayor City of Sanger, Texas 1993. �COTT ARMEY 1)I?]IN TON COUNTY COMMINNIONI?R PRECINCT 3 September 15, 1993 City of Sanger 201 Bolivar Street Sanger, Texas 76266 Dear Mayor and Council Members, �-i-�� GIT`f OF SAfVGE� S E P 2 7 1993 Wr rl Tr, yC: Tn June, the Denton County Commissioners Court sent you a copy of a resolution that we unanimously passed along with a letter requesting the 'City of .-anger to join in out grassroots effort to encourage the return of prayer to our public schools. This is an issue of great importance to me and T have taken on a special interest in rallying support of this effort around the State. We have had considerable response to our call for support of reinstating prayer in public schools with more than 40 counties across the State, as well as several cities in the Denton County area, passing similar resolutions. I have attached a list of all of the counties and cities that have notified Denton County of their actions. If your municipality has acted on this resolution, but is not listed, please send me a copy of the resolution that the City of Sanger has passed. Our momentum is building and we need all the support from Texas municipalities we can get. If you have not passed a resolution in support of this effort, we need your help. I have enclosed another copy of Denton County's resolution for your convenience. I am very grateful t0 those gcverr�rr�ental entitle:3 �J170 hu`JC!' already acted on this request, and want to extend my personal appreciation for these expedient efforts on this important issue. Please don't hesitate to contact me if you have any questions or need additional information regarding this request. Sincerely, f Scott Armey Denton County SRA/lkp Enclosures Commissioner, Pct. 3 El I.Ei: �F'AI,KER GO�'1;R\�iP.N"1' CEITF.R • 1911 'NORTH YALLBI' 1'ARKR'AY 1,1?��'15�'11,1.1•:, TX 75067 214219-1571 COURTHOUSE OV TH1: SQUARI•; • I111 11'F.tiT HICKORY • DP.tiTON, TX 76201 • 1-RQO-34b-3189 • (817) Sfi5-8652 RESOLUTION URGING THAT PRAYER 8E RETURNED TO THE PUBLIC SCHOOLS " PROCEEDINGS BEFORE THE * COMMISSIONERS COURT * DENTON COUNTY * JUNE ?2, 1993 The Commissioners Court of Denton County, Texas meeting fn special session the 22nd day of June 1993, considered the following resolution: WHEREAS, the Constitution of the United States Article (i) states, 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...'; and WHEREAS, our nation was founded upon by many different religious beliefs and ideals of . settlers from other countries; and WHEREAS, the framers of our Constitution sought to protect everyone from one mandated Afafa rairninn• snrt ----- •- •a•- •� •�- .. iiir"riEi,EAB, our r;atio� � �;,raa fcunc°d ors t!?e fs�r+om OF RELIGION and was not founded on the freedom FROM RELIGION; and WHEREAS, through time, court decisions and certain interest groups have contributed to the deterioration of those religious beliefs and ideals to the extent that prayer has been banned from the public school system; and WHEREAS, the Commissioners Court strongly believes that reinstitution of pre• ar In the public schools will move this nation toward those religious ideals and beliefs upon .. rich this nation was founded; and WHEREAS, the Commissioners Court urges ail cities and counties across this State to Join in an effort to reinstate prayer in the public schools by passing similar resolutions and uniting in a 'grass roots' movement for that purpose; NOW THEREFORE, 8E R RESOLVED, that the Denton County Commissioners Court, Denton County, Texas strongly urges that prayer be returned to the public school systems of this nation and invites all cities and counties across this State to join in an effort to reinstate prayer in the public schools by passing similar resolutions and uniting in a grass roots movement for that purpose. n DONE IN OPEN COURT, this 22nd daX of June, 1993, upon motion by [o�.am . �vti..ri�.0 seconded by ('�o-,w,n GJ �a,d;... and � members of the Court being pr err a d voting 'aye', couNTY JuorjE C Precinct i _y" SCOTT ARMEY, COMMISSIONER Precinct 3 ATTEST: T11�1 HODGES, County Clark and Ex-Offlclo Clark of th• Commisaionara Court of Den—to�n/County, Taxa SANDY JACOBS, COMMISSIONER Precinct 2 Precinct 4 �.1�-Q.0 TONER Counties across the State of Texas that have passed resolutions to reinstate prayer in public schools: Atascosa County Bailey County Calhoun County Coke County Collingsworth County Colorado County Comanche County Coryell County Dawson County Denton County Dimmit County Falls County Fannin County Fayette County Foard County Gray County Gregg County Hartley County Hutchinson County Kinney County Liberty County Lipscomb County Llano County Loving County Lynn County Marion County McMullen County Medina County Mills County Moore County Newton County Nolan County Potter County Rains County Real Countv Reeves County Rusk County Sabine County San Jacinto County Shackelford County Sherman County Somervell County Stephens County Sterling County Terrell County Val Verde County walker County Wilbarger County Wilson County Yoakum County Cities in the Denton County area that have passed resolutions to reinstate prayer in public schools: City of Coppell City of Frisco City of �i,ewisville City of Pilot Point Town of Roanoke City of The Colony NOTE: These are the entities that have notified Denton County of their actions on this issue. We believe other entities have acted on this matter but have not notified Denton County.., TO: FROM: DATE. SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrator/' October 15, 1993 "�' ` Boy Scouts - Storm Drain Safety Program Mr. Doug McGowan and members of the Boy Scouts will be present to discuss a storm drain safety program. JH:es CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM #2366 TO: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Administrato DATE: October 15, 1993 SUBJECT: Ordinance #a 15-93 -Amending The Animal Control Provisions of the Code of Ordinances Eddie Branham discovered a conflicting section in the Animal Control Provisions of the City Code. The conflict was brought to GSAs attention and the correction ordinance is submitted for your consideration. Paragraph (b) was inadvertently included, and is being deleted by this ordinance. JH:es Enclosures CsSAGOVERNMENTAL SERVICE AGENCY, INC. I l�lt:: Cl`I I a>= Ai�G` OCT 1 4 1993 October 13, 1993 s�ECE�v� SANGER, TEXAS John Hamilton, City Administrator City of Sanger P.O. Box 578 Sanger, Texas 76266-0578 Dear John: Enclosed please find the ordinance we discussed yesterday. I feel that repealing subsection (b) will take care of the conflict in Article 2.10004 As always, please feel free to contact me if you have any comments, questions or concerns. Sincerely, Governmental Servicq Agency, Inc. R. Kirk Franklin Counselor at Law 00002� Lyndon Plaza 10935 Estate Lane, Suite 475 Dallas, Texas 75238 (214) 553-7070 Fax (214) 553-7098 ORDINANCE NO. ItO15-93 AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING THE CODE OF ORDINANCES BY REPEALING CERTAIN ANIMAL CONTROL PROVISIONS, PROVIDING FOR SEVERABILITY AND CONFLICTING PROVISIONS, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, the Code of Ordinances of the City of Sanger contains conflicting provisions with regard to the quarantine of animals, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. Conflicting Provision Ret�e�led. That Chapter 2, Article 2.1000(b) of the City of Sanger Code of Ordinances shall hereafter be repealed. Section 2. Severability. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council of the City of Sanger hereby declares that it would have passed such remaining portions of the Ordinance despite such invalidity. Section 3. Conflictina Provisions. That any and all Ordinances of the City of Sanger heretofore adopted which are in conflict with this Ordinance are hereby expressly repealed insofar as the same are in conflict therewith. Section 4. Effective Date. That this Ordinance shall take effect immediately, from and after its passage and publication of the caption, as the law in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER ON THIS THE DAY OF ,1993. APPROVED: MAYOR ATTEST: CITY SECRETARY ARTICLE 2.1000 n UA R A NT TN 4 (a) Any animal which bites or scratches a person, dog or other animal shall be quarantined for ten (10) days if ordered by the Animal Control Officer. Durina quarantine the animal shall he. QP0iira1.Y n. "r4....A --- -- �- �•�•, ..vuitucu allu Kept from contact with any other animal. If the Animal Control Officer requires confinement, the owner shall surrender the animal for the quarantine period to the Animal Control Officer of the City of Sanger, the County Animal Cross reference —Definition of public nuisance, Article Iwo, Control Authority, or shall, at his/her own expense, place it in a veterinary hospital. Any animal known to have been exposed to a rabid dog or animal shall be quarantined under the terms hereof. (b) Unvaccinated domestic animals shall immediately be given a rabies vaccination and a booster shot in the third Qrd) and eighth (8th) week of isolation and shall be quarantined for ninety (90) days. Vaccinated domestic animals shall be given a rabies booster shot immediately and shall be quarantined for forty-five (45) days. (Ordinance adopting Code) Q� LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P. C. Attorneys at Law GEORGE C. BALDWIN GEORGE V. BASHAM III ERICH M. BIRCH CHESLEY N.BLEVINS GEORGIA N. CRUMP PAULA K. FISHER ROBERT D. FOWLER C. JOE FREELAND PAUL G. GOSSELINK RICHARD L. HAMALA ROBERT H. LLOYD JIM MATHEWS MARTIN C. ROCHELLE ELIZABETH V. RODD KERRY E. RUSSELL LAMBETH TOWNSEND John Hamilton City Manager City of Sanger POU. BOX 578 Sanger, Texas 111 Congress Avenue Suite 1800 Austin, Texas 78701 Telephone (512) 322-5800 Telecopier (512) 472-0532 September 29, 1993 � d i� 4,dD e�b�IVi�G OCT 4 1993 76266-0578 Dear Mr. Hamilton: San Antonio Office: 222 South Flores San Antonio, Texas 78204 Telephone (210) 226-5656 Telecopier (210) 533-5554 Of Counsel JACKSON B. BATTLE ROBERT R. PUENTE STEVE STAGNER Government Relations Consultant (Not licensed to practice law) Re: Cable TV Regulation Enclosed are the following: 1. A model ordinance for the City's consideration and adoption, 2. An annotated version of the model ordinance for the City's use in interpreting and answering questions about the intent and application of the ordinance, and 3. A memorandum concerning the City's authority to regulate cable TV rates for the basic service tier and related equipment and installation charges. The model ordinance is consistent with the FCC regulations, aILLd complies with the relevant Texas statutes. Because this ordinance is a model ordinance and has been drafted with the intent that it be used by cities throughout Texas, we recommend that your Local counsel review the ordinance in order to ensure that it also complies with any specific requirements that you may have. We hope that the annotated version will be useful to you. The annotated version should not be adopted by the City, but should be used for reference purposes only. The non -annotated version is ready for consideration by the City, and has only a few places where the City must decide which of several options to use. As we have mentioned to you previously, this ordinance should be adopted in a sufficient amount of time before November 15, 1993, the date the rate freeze expires, to allow for notice to the cable operator of the City's certification and adoption of the ordinance. The ordinance can be considered by the City at any time; you do not have to wait until the expiration of 30 days from the date you filed Form 328 with the FCC. After 30 days have elapsed since your Form 328 was received by the FCC ( and you have heard nothing from the FCC) , and after you have adopted the ordinance, then you must give written notice to the cable operator that the City is certified by the FCC and that the ordinance has been adopted in order to establish the City's jurisdiction to regulate. This written notice must be received by the operator by November 15, 1993. We recommend that the written notice be sent by certified mail, return receipt requested, or by hand -delivery with a signed receipt, in order to document the timely receipt of the notice. In a prior letter to you, we notified you ei a ieti�YuraLy stay issued by the FCC against the imposition of regulations on small cable systems. We had hoped that the FCC would determine how small systems should be treated before this ordinance was sent out. The FCC, however, has not issued any further notices regarding small systems. The model ordinance, therefore, assumes that small systems will be subject to regulation. If you have any questions or comments regarding the model ordinance or other cable regulation matters, please call me or Lambeth Townsend at the above number. Sincerely, Georgia Crump GNC/jmc 1206\000-010.LTR Enclosures CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM #2365 TO: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Administrator DATE: October 15, 1993 SUBJECT: Ordinance #916-93 - Cable Television Regulation The enclosed ordinance was prepared by Lloyd, Gosselink, Fowler, Blevins and Mathews regarding Cable T.V. Regulations. JH:es Enclosures r ORDINANCE N0. #016-93 CITY OF SANGER, TEXAS AN ORDINANCE REGULATING THE RATES CHARGED BY CABLE TELEVISION OPERATORS WITHIN THE CITY OF SANGER , TEXAS, FOR THE BASIC SERVICE TIER AND RELATED EQUIPMENT AND INSTALLATION CHARGES, IN ACCORDANCE WITH THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992, PUBLIC LAW NO. 102-385; PROVIDING DEFINITIONS; REQUIRING NOTICE OF BASIC TIER AVAILABILITY; REQUIRING CERTAIN INFORMATION ON CABLE MONTHLY BILLS; PROHIBITING NEGATIVE OPTION BILLING; PRf1�7TTTTTf+ FAA TTEMI7ET NVTVNCRiBER uiLL�ci; i�RVV iDiiiG FORMULA FOR CALCULATION OF BASIC SERVICE TIER RATES AND EQUIPMENT AND INSTALLATION CHARGES; PROVIDING FOR COST ACCOUNTING AND COST ALLOCATION REQUIREMENTS; PROVIDING FOR PASS -THROUGH OF COSTS OF SATISFYING FRANCHISE REQUIREMENTS; PROVIDING GUIDELINES FOR CERTAIN CUSTOMER CHARGES; REQUIRING NOTICE OF PROPOSED RATE INCREASES; PROVIDING FOR REVIEW OF BASIC CABLE SERVICE AND EQUIPMENT RATES; PROVIDING PROTECTIONS FOR PROPRIETARY INFORMATION; PLACING BURDEN OF PROOF ON THE CABLE OPERATOR; PROVIDING FOR WRITTEN DECISIONS BY THE CITY; PROVIDING FOR POSSIBLE RATE REDUCTIONS AND REFUNDS; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992, Public Law No. 102-385 ("Cable Act of 1992") became law on October 5, 1992; and WHEREAS, the Cable Act of 1992 provides that municipalities may regulate the rates charged by cable operators for the basic service tier and related equipment charges to subscribers within the corporate limits of the municipality if the operator is not subject to effective competition; and WHEREAS, the City of Sanger , in accordance with the Cable Act of 1992 and regulations adopted thereunder by the Federal 1 Communications Commission (the "FCC"), filed the appropriate documents with the FCC to obtain certification to regulate the basic service tier rates and related equipment and installation charges of all cable operators within the City; and WHEREAS, in order CO be able to regulate the basic service tier rates and related equipment and installation charges, it is necessarI for the City to adopt the following regulations in conformance with the regulations of the FCC; and WHEREAS, it is the intent of the City to regulate cable TV operators within the City to the full extent authorized by the Cable Act of 1992; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER , TEXAS: Section 1. The following regulations are hereby adopted and shall be known as the Cable TV Regulations for the City of Sanger , Texas. Section 2. Definitions. Unless otherwise apparent, the following definitions shall apply in this ordinance: (a) Affiliated programmer. An affiliated programmer is a programmer with an ownership interest of 5 percent or more 2 including general partnership interests, direct ownership interests, and stock interests in a corporation where such stockholders are officers or directors or who directly or indirectly own 5 percent or more of the outstanding stock, whether voting or nonvoting. Such interests include limited partnership interests of 5 percent or greater. (b) Basic service tier. The basic service tier shall, at a minimum, include all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals or service added to the basic tier by the cable operator. (c) Cable operator. Cable operator means any person or group of persons (Al who provides cable service over a cable system within the City under a franchise issued by the City, and who directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (d) Cable programming service. Cable programming service includes any video programming provided over a cable system, regardless of service tier, including installation or rental of 3 equipment used for the receipt of such video programming, other than: (1) Video programming carried on the basic service tier as defined in this section; (2) Video programming offered on a pay -per -channel or pay - per -program basis; or (3) A combination of multiple channels of pay -per -channel or pay -per -program video programming offered on a multiplexed or time -shifted basis so long as the combined service: (i) Consists of commonly -identified video programming; and (ii) is not bundled with any regulated tier of service. (e) City. The City of Sanger , Texas. (f) Commission. The Federal Communications Commission. (g) Small system. A small system is a cable television system that serves fewer than 1,000 subscribers. The service area of a small system is determined by the number of subscribers that are served by a system's principal headend, including any other headends or microwave receive sites that are technically integrated to the system's principal headend. Section 3. Information to be provided by cable operator on monthly subscriber bills. A cable operator must provide the following information to subscribers on monthly bills: 4 (a) A statement substantially the same as the following: "The basic service tier rates and related equipment and installation charges are regulated by the City. If you have anI questions or comments regarding these rates, you may call or write the City at [address and telephone number]"; and (b) The FCC community unit identifier for the cable system. Section 4. Negative option billing. A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. This provision, however, shall not preclude the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier of service, or the restructuring or division of existing tiers of service that do not result in a fundamental change in the nature of an existing service or tier of service, provided that such change is otherwise consistent with applicable regulations. A subscriber's failure to refuse a cable operator's proposal to provide such service or equipment is not an affirmative request for service or equipment. A subscriber's affirmative request for service or equipment may be made orally or in writing. Section 5. Subscriber bill itemization. (a) Cable operators may identify as a separate line item of each regular subscriber bill the following: 5 fee. ( 1) The amount of the total bill assessed as a franchise ( 2 ) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels. (3) The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. In order for a governmental fee or assessment to be separately identified under this section, it must be directly imposed by a governmental body on a transaction between a subscriber and an operator. (b) The charge identified on the subscriber bill as the total charge for cable service should include all fees and costs itemized pursuant to this section. Section 6. Rates for the basic service tier. (a) Basic service tier rates. Basic service tier rates are subject to regulation by the City in order to assure that they are in compliance with the requirements of 47 U.S.C. S 543. Rates that are demonstrated, in accordance with this ordinance, not to exceed the "Initial Permitted Per Channel Charge" or the "Subsequent Permitted Per Channel Charge" as described below, or the equipment 0 charges as specified in Section 7, will be accepted as in compliance. The maximum monthly charge per subscriber for the basic service tier offered by a cable operator shall consist of a permitted per channel charge multiplied by the number of channels on the tier, plus a charge for franchise fees. The maximum monthly charges for the basic service tier shall not include any charges for equipment or installations. Charges for equipment and installations are to be calculated separately pursuant to Section 7 of this ordinance. (b) Initial Permitted Per Channel Charge. (1) For purposes of this section, the initial date of regulation for the basic service tier shall be the date on which the City gives written notice to the cable operator that (A) the City has been certified by the Commission to regulate rates for the basic service tier and (B) this ordinance has been adopted by the City. (2) For purposes of this section, rates "in effect on the initial date of regulation" or "in effect on September 30, 1992," shall be the rates charged to subscribers for service received on that respective date. (3) The permitted per channel charge on the initial date of regulation shall be, at the election of the cable operator, either: (i) A charge determined pursuant to a cost -of -service proceeding; or (ii) The charge specified in subparagraphs (A), (B), or (C) of this paragraph, as applicable; 7 (A) If the operator's per channel charge for the basic service tier and equipment in effect on the date of initial regulation is equal to or below the benchmark per channel charge, as adjusted forward for inflation from September 30, 1992, to the date of initial regulationI then the permitted per channel charge shall be the per channel charge in effect on the date of initial regulation, adjusted for equipment. (B) If: (1) The operator's per channel charge for the basic service tier and equipment in effect on the date of initial regulation is above the benchmark per channel charge, as adjusted forward for inflation from September 30, 1992, until the initial date of regulation, and: (2) The operator's per channel charge for the basic service tier and equipment in effect on September 30, 1992, was above the benchmark per channel charge, then the permitted per channel charge is nine - tenths of the per channel charge in effect on September 30, 1992, but no lower than the benchmark per channel charge, additionally adjusted for inflation from September 30, 1992, to the initial date of regulation, for equipment, and for any changes in the number of channels offered on the basic service tiers. (C) If: (1) The operator's per channel charge for the basic service tier and equipment in effect on the 8 date of initial regulation is above the benchmark per channel charge, as adjusted forward for inflation from September 30, 1992, until the initial date of regulation, (2) The operator's per channel charge for the basic service tier and equipment in effect on September 30, 1992, was below the benchmark per channel charge, then the permitted per channel charge is the benchmark rate per channel adjusted for inflation from September 30, 1992, to the initial date of regulation, for equipment, and for any changes in the number of channels offered on the basic service tier. (c) Subsequent Permitted Per Channel Charge. After the initial date of regulation, the permitted channel charge for the basic service tier shall be, at the election of the cable operator, either: (1) A per channel rate determined pursuant to a vice showing showing, or: (2) The prior permitted per channel charge previously approved by the City, adjusted for inflation and external costs in accordance with the price cap requirements set forth in paragraph (d) of this section. (d) Price cap requirements -- (1) Inflation adjustments. Permitted per channel charges for the basic service tier may be adjusted periodically on account of inflation. Adjustments to permitted per channel charges on account of 9 inflation shall be based on changes in the Gross National Product Price Index ("GNP -PI") published by the Bureau of Economic Analysis of the United States Department of Commerce. (2) External costs. Permitted per channel charges for the basic service tier may also be adjusted for changes in external costs measured on a per channel per subscriber basis. To the extent external cost increases are greater or less than the GNP - PI for the relevant period, the per channel charge will be adjusted accordingly. Per channel charges may not be increased if external costs other than franchise fees increase at a rate less than inflation. Permitted per channel charges also shall be decreased on account of external costs to the extent such costs decrease from previous levels. (i) Categories. External costs shall consist of costs I n the following categories: (A) State and local taxes applicable to provision of cable television service; (B) Franchise fees; (C) Costs of complying with franchise requirements, including costs of providing public, educational, and governmental access channels as required by the City; (D) Retransmission consent fees; and (E) Programming costs. (ii) The permitted per channel charge for the basic service tier shall be adjusted on account of programming costs aAL d retransmission consent fees only for programming or broadcast signals offered on that tier. (iii) The permitted per channel charge shall not be adjusted for costs of retransmission consent fees or charges in those fees incurred prior to October 6, 1994. (iv) The starting date for adjustments on account of external costs for the basic service tier shall be the initial date of .regulation or 180 days from September 1, 1993, if the initial date of regulation occurs on or after 180 days from September 1, 1993. (v) Changes in franchise fees shall not result in an adjustment to permitted per channel charges, but rather shall be calculated separately as part of the maximum monthly charge per subscriber for the basic service tier. (vi) Adjustments to permitted per channel charges on account of increases in costs of programming obtained from affiliated programmers shall be the lesser of actual increases or the previous permitted rate level increased by the amount of inflation. (vii) Adjustments to permitted per channel charges on account of increases in costs of programming shall be further adjusted to reflect any revenues received by the operator from the programmer. I Section 7. Rates for equipment and installation used to receive the basic service tier. (a) Scope. The equipment regulated under this section consists of all equipment in a subscriber's location that is used to receive the basic service tier, regardless of whether such equipment is additionally used to receive other tiers of regulated programming service and/or unregulated service. Such equipment shall include, but is not limited to: (1) Converter boxes; (2) Remote control units; (3) Connections for additional television receivers; and (4) Other cable home wiring. Subscriber charges for such equipment shall not exceed charges based on actual costs in accordance with the requirements set forth below. (b) Unbundling. A cable operator shall establish rates for remote control units, converter boxes, other customer equipment, installation, and additional connections separate from rates for basic service tier. In addition, the rates -for such equipment and installations shall be unbundled one from the other. (c) Equipment basket. A cable operator shall establish an Equipment Basket, which will include all costs associated with providing customer equipment and installation under this section. Equipment Basket costs shall be limited to the direct and indirect material and labor costs of providing, leasing, installing, repairing, and servicing customer equipment, as determined in accordance with the cost accounting and cost allocation requirements of Section 8. The Equipment Basket shall not include general administrative overhead including general marketing expenses. The Equipment Basket may include a reasonable profit. (d) Hourly service charge. A cable operator shall establish charges for equipment and installation using the Hourly Service Charge ("HSC") methodology. The HSC shall equal the operator's annual Equipment Basket costs, excluding the purchase cost of customer equipment, divided by the total person hours involved in installing, repairing, and servicing customer equipment during the same period. The purchase cost of customer equipment shall include the cable operator's invoice price plus all other costs incurred with respect to the equipment until the time it is provided to the customer. The HSC is calculated according to the following formula: EB - CE HSC = Where, EB = annual Equipment Basket Cost; CE = annual purchase cost of all customer equipment; and H = person hours involved in installing and repairing equipment per year. (e) Installation charges. Installation charges shall be either: (1) The HSC multiplied by the actual time spent on each individual installation; VOL (2) The HSC multiplied by the average time spent on a specific type of installation. (f) Remote charges. Monthly charges for rental of a remote control unit shall consist of the average annual unit purchase cost of the type of remote leased, including acquisition price and incidential costs such as sales tax, financing and storage up to the time it is provided to the customer, added to the product of the HSC times the average number of hours annually repairing or servicing a remote, divided by 12 to determine the monthly lease rate for a remote according to the following formula: UCE+(HSC X HR) Monthly = Charge 12 Where, HR = average hours repair per year; and UCE = average annual unit cost of remote. Separate charges shall be established for each significantly different type of remote control unit. (g) Other equipment charges. The monthly charges for rental of converter boxes and other customer equipment shall be calculated in the same manner as for remote control units. Separate charges shall be established for each significantly different type of converter box and each significantly customer equipment. (h) Additional connection charges, different type of other The costs of installation and monthly use of additional connections shall be recovered as charges associated with the installation and equipment cost categories, and at rate levels determined by the actual cost methodology presented in the foregoing paragraphs (e), (f), and (g) of this section. An operator may recover additional programming costs and the costs of signal boosters on the customers premises, if any, associated with the additional connection as a separate monthly unbundled charge for additional connections. (i) Charges for equipment sold. A cable operator may sell customer premises equipment to a subscriber. The equipment price shall recover the operator's cost of the equipment, including costs associated with storing and preparing the equipment for sale up to the time it is sold to the customer, plus a reasonable profit. An operator may sell service contracts for the maintenance and repair of equipment sold to subscribers. The charge for a service contract shall be the HSC times the estimated average number of hours for maintenance and repair over the life of the equipment. (j) Promotions. A cable operator may offer equipment or installation at charges below those determined under paragraphs (e) through (g) of this section, as long as those offerings are reasonable in scope in relation to the operator's overall offerings in the Equipment Basket and not unreasonably discriminatory. Operators may not recover the cost of a promotional offering by 1 5 e increasing charges for other Equipment Basket elements, or by increasing programming service rates above the maximum monthly charge per subscriber prescribed by this ordinance. As part of a general cost -of -service showing, an operator may include the cdst of promotions in its general system overhead costs. (k) Franchise fees. Equipment charges may include a properly allocated portion of franchise fees paid to the City. Section $. Cost accounting and cost allocation requirements. (a) Applicability. The requirements of this section are applicable for purposes of rate adjustments on account of external costs and for cost -of -service showings. (b) Generally accepted accounting principles. Cable operators shall maintain their accounts in accordance with generally accepted accounting principles, except as otherwise directeA by the City. (c) Accounts required. Cable operators shall maintain accounts in a manner that will enable identification of appropriate costs and application of the City's cost assignment and allocation procedures, to cost categories necessary for rate adjustments due to changes in external costs and for cost -of -service showings. Such categories shall be sufficiently detailed and supported to permit verification and audit against the company's accounting records. (d) Accounting level. Except to the extent indicated below, cable operators shall aggregate expenses and revenues at either the franchise, system, regional, or company level in a manner consistent with practices of the operator as of April 3, 1992. However, in all events, cable operators shall identify at the franchise level their costs of franchise requirements, franchise fees, local taxes, and local programming. (e) Cost Allocation Requirements. (1) For purposes of establishing expenses at the franchise level, cable operators shall allocate expenses and revenues aggregated at higher levels to the franchise level based on the ratio of the total number of subscribers served at the franchise level to the total number of subscribers served at the higher level. (2) Except to the extent indicated below, all categories of costs allocated to, or identified at, the franchise level shall be allocated to the basic service tier based on the ratio of channels in the basic tier to the total number of channels offered in the franchise area, including nonregulated and leased commercial access channels. These costs shall be allocated to each tier of cable programming services based on the ratio of channels in that tier to the total number of channels offered in the franchise area. (3) Costs of programming and retransmission consent fees, however, shall be allocated only to the tier on which the programming or broadcast signal at issue is offered. d (4) Costs of franchise fees shall be allocated among equipment and installations, program service tiers. and subscribers in a manner that is most consistent with the methodoloOil of assessment of franchise fees by the City. (5) Costs of public, educational, and governmental access channels carried on the basic tier shall be directly assigned to the basic tier where possible. (f) Common costs. Expenses which cannot be assigned to any single expense or service category shall be described as common costs. Common costs shall be allocated to expense categories as follows: (1) Wherever possible, common costs are to be allocated to service cost categories based on direct analysis of the origin of the costs themselves. (2) When direct analysis is not possible, common costs shall, if possible, be allocated to service cost categories based on an indirect, cost -causative linkage to other costs directly assigned or allocated to the service cost category. (3) When neither direct nor indirect measures of cost allocation can be found, common costs shall be allocated to each service cost category based on the ratio of all costs directly assigned and attributed to a service cost category over total costs directly assignable and attributable. (g) Unrelated expenses and revenues. Cable operators shall exclude from cost categories used to develop rates for the provision of basic service tier and equipment, any direct or 10 indirect expenses and revenues not related to the provision of such services. Common costs of providing basic service tier and equipment, and unrelated activities shall be allocated between them in accordance with paragraph (f) of this section. (h) Part-time channels. In situations where a single channel is divided on a part-time basis and is used to deliver service associated with different tiers or with pay per channel or pay per view service, a reasonable and documented allocation of that channel between services shall be required along with the associated revenues and costs. Section 9. Costs of franchise requirements. (a) The costs of satisfying franchise requirements to support public, educational, and governmental channels shall consist of the sum of: (1) All per channel costs for the number of channels used to meet franchise requirements for public, educational, and governmental channels; (2) Any direct costs of meeting requirements; and (3) A reasonable allocation of administrative overhead. such franchise general and (b) The costs of satisfying any other requirement under the franchise shall consist of the direct and indirect costs, including a reasonable allocation of general and administrative overhead. Section 10. Charges for customer changes. (a) This section shall govern charges for any changes in service tiers or equipment provided to the subscriber that are initiated at the request of a subscriber after initial service installation. (b) The charge for customer changes in service tiers effected solely by coded entry on a computer terminal my other similarly simple methods shall be a nominal amount, not exceeding actual costs, as defined in paragraph (c) of this section. (c) The charge for customer changes in service tiers or equipment that involve more than coded entry on a computer or other similarly simple method shall be based on actual cost. The actual cost charge shall be either the HSC, as defined in Section 6 of this ordinance, multiplied by the number of person hours needed to implement the change, or the HSC multiplied by the average number of person hours involved in implementing customer changes. (d) A cable operator may establish a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods, subject to approval by the City, for a subscriber changing service tiers more than two times in a twelve month period, except for such changes ordered in response to a change in price or channel line-up. If a cable system adopts such an increased charge, the cable system must notify all subscribers in writing that they may be subject to such a charge for changing service tiers more than the specified number of times in any twelve month period. (e) Downgrade charges that are the same as, or lower than, upgrade charges are evidence of the reasonableness of such downgrade charges. (f) For 30 days after notice of retiering or rate increases, a customer may obtain changes in service tiers at no additional charge. Section 11. Notification of proposed rate increase. (a) A cable operator shall provide written notice to a subscriber of any increase in the price to be charged for the basic service tier or associated equipment at least 30 days before any proposed increase is effective. The notice shall include a provision stating that protests to such prices may be filed with the City at Sanaer, P. O. Box 578, Sander[address of City]. The notice shall also include a statement that such protests must be filed with the City no later than 30 days after the notice is received by the subscriber. (b) In addition to the notice required in paragraph (a), the cable operator shall give the City a minimum of 30 days advance. written notification of any changes in rates for cable programming service or associated equipment. Section 12. Initiation of review of basic cable service and equipment rates. A cable operator shall file its schedule of rates for the basic service tier and associated equipment with the City within 30 days of receiving written notification from the City that the City has been certified by the Commission to regulate rates for the basic service tier, or by November 151 19931 whichever is later. Section 13. City review of basic cable rates and equipment costs. (a) After a cable operator has submitted to the City for review its existing rates for the basic service tier and associated equipment costs, or a proposed increase in these rates (including increases in the baseline channel charge that results from reductions in the number of channels in a tier) , the existing rates will remain in effect or the proposed rates will become effective after 30 days from the date of submission to the City. Provided, however, that the City may toll this 30-day deadline for an additional time by issuing a brief written order as described in paragraph (d) within 30 days of the rate submission explaining that it needs additional time to review the rates. The City may, at any time, require the cable operator to produce additional information, including proprietary information, that the City deems necessary in order to make a rate determination. 22 If proprietary information is provided, the provisions of Section 14 hereof will apply to such information. (b) Upon receipt by the City, the cable operator's submittal shall be available for public inspection and copying. Comments on the submittal by interested persons may be submitted in writing or orally at a City Council meeting held at any time during the initial 30-day review period. Written comments shall be addressed to the City Manager [the City Manager, City Secretary, Mayor, or cable officer], and must be received prior to the end of the 30-day review period. (c) If a cable operator submits a proposed rate increase for review that appears to exceed the presumptively reasonable level and does not include a cost -of -service showing to justify the rate, the City will permit the cable operator to cure this deficiency and submit a cost -of -service showing. (d) If the City is unable to determine, based upon the material submitted by the cable operator, that the existing or proposed rates are within the permitted basic service tier charge or actual cost of equipment as defined in Sections 6 and 7 hereof, or if a cable operator has submitted a cost -of -service showing pursuant to Sections 8 and 15 hereof, seeking to justify a rate above the basic service tier charge as defined in Sections 6 and 7 hereof, the City may toll the 30-day deadline in paragraph (a) of this section to request and/or consider additional information or to consider the comments from interested parties as follows: (1) For an additional 90 days in cases not involving cost -of -service showings; or (2) For an additional 150 days in cases involving cost - of -service showings. The order tolling the effective date of the proposed rate shall explain why the City could not make the necessary determination, and it shall also provide the cable operator an opportunity to cure any deficiencies in its original filing. During the additional time periods provided in this paragraph, comments from interested persons may be submitted in writing, as provided in paragraph (b) of this section, or orally during at least one City Council meeting during the period of abatement. (e) If the City has availed itself of the additional 90 or 150 days permitted in paragraph (c) of this section, and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the 90 or 150 day periods, or existing rates will remain in effect at such times, subject to refunds if the City subsequently issues a written decision disapproving any portion of such rates. Provided, however, that in order to order refunds, the City must have issued a brief written order to the cable operator by the end of the 90 or 150- Jay period permitted in paragraph (c) of this section directing the operator to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. Section 14. Proprietary information. (a) If the City has required the cable operator to produce proprietary information under the provisions of this ordinance, the cable operator may submit therewith a request that such information not be made routinely available for public inspection. A copy of the request shall be attached to and shall cover all of the materials to which it applies and all copies of those materials. If feasible, the materials to which the request applies shall be physically separated from any materials to which the request does not apply. If this is not feasible, the portion of the materials to which the request applies shall be identified. (b) Each such request shall contain a statement of the reasons for withholding the materials from inspection and of the facts upon which those reasons are based. If the request is that the materials be withheld from inspection for a limited period of time, that period shall be specified. (c) Casual requests which do not comply with the requirements of paragraphs (a) and (b) of this section will not be considered. (d) Upon receipt of a request in compliance with paragraphs (a) and (b), the City will not grant routine public access to the materials. A letter to that effect will be placed in a public file in lieu of the materials withheld from public inspection. (e) Provided, however, if a written request for the materials is received by the City pursuant to the Open Records Act, Chapter 552, Texas Government Code, the City will notify the person providing the materials of the request for the materials. If the 25 person providing the materials requests the City to do so, the City will request an opinion from the Attorney General, pursuant to the Open Records Act, regarding the public availability of the materials. If the person providing the materials does not request the City to request an opinion from the Attorney General, the City mayI at its option, either request such an opinion or provide the materials to the public. (f) If the Attorney General issues an opinion or letter ruling requiring the City to make the materials available to the public, the materials will be made available for public inspection. (g) If no request for confidentiality is submitted, the City assumes no obligation to consider the need for non -disclosure. Section 15. Burden of proof. (a) A cable operator has the burden of proving that its existing or proposed rates for basic service and associated equipment comply with 4 7 U . S . C . § 54 3 , and Sections 6 and 7 hereof . (b) For an existing or a proposed rate for basic service tier or associated equipment that is within the permitted tier charge and actual cost of equipment as set forth in Sections 6 and 7, the cable operator must submit the appropriate FCC form to the City. ( c ) For an existing or a proposed rate for basic service tier that exceeds the permitted tier charge as set forth in Sections 6 and 7 hereof, the cable operator must submit to the City a cost - of -service showing to justify the proposed rates. The cost -of - service showing must in conformance with Accounting and Cost Allocation Requirements as adopted and amended by the Commission for cable system operators. Section 16. Small systems. Option 1: (a) A small system, as defined in Section 2, may certify that the small system's initial rates for basic service and associated equipment comply with Section 6 hereof. A certification by a small system under this Section shall be filed with the City within 30 days of receiving written notification from the City that the City has been certified by the Commission to regulate rates for the basic service tier. The certification shall be in writing, shall be signed by the General Manager of the system, and shall be verified. (b) Such certification shall be subject to verification by the City on its own motion or upon complaint by a subscriber. The City may request additional information from the operator in order to verify the certification. In the event proprietary information is requested by the City, the provisions of Section 14 hereof shall control the availability of such information to the public. (c) As used in this section, "initial rates" shall mean those rates charged by the small system operator on the date on which the City gives written notice to the cable operator that (A) the City has been certified by the Commission to regulate rates for the basic service tier and (B) this ordinance has been adopted by the City. (d) If the City determines that the small system's certification is in error, it shall so notify the small system operator and shall require the small system to comply with all filing requirements for non -small systems in this ordinance. (e) Subsequent rate filings by a small system operator shall comply in all respects with the provisions of this ordinance. Option 2 : ( a ) A small system, as defined in Section 2 , may certify that the small system's rates for basic service and associated equipment, and subsequent rate increases, comply with Section 6 hereof. A certification by a small system under this Section for its initial rates shall be filed with the City within 30 days of receiving written notification from the City that the City has been certified by the Commission to regulate rates for the basic service tier. Certifications for subsequent rate increases shall be filed with the City at the same time that notice is given to the small system's subscribers of the proposed rate increase, in conformance with Section 11 hereof. All certifications shall be in writing, shall be signed by the General Manager of the system, and shall be verified. (b) Such certification shall be subject to verification by the City on its own motion or upon complaint by a subscriber. The City may request additional information from the operator in order to verify the certification. In the event proprietary information is requested by the City, the provisions of Section 14 hereof shall control the availability of such information to the public. 28 (c) If the City determines that the small system's certification is in error, it shall so notify the small system operator and shall require the small system to comply with all filing requirements for non -small systems in this ordinance. Section 17. Written decision. (a) The City shall issue a written decision in a ratemaking proceeding whenever it disapproves an initial rate for the basic service tier or associated equipment in whole or in part, disapproves a request for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the objections of interested parties. The City is not required to issue a written decision that approves an unopposed existing or proposed rate for the basic service tier or associated equipment. (b) Public notice shall be given of any written decision requireA in paragraph (a) of this section, by making the text of any written decision available to the public, and by publication of the decision one time in the official newspaper of the City. Section 18. Reduction of Rates; Prescription of Rates. (a) The City may order a cable operator to implement a prospective reduction in basic service tier or associated equipment rates where necessary to bring rates into compliance with the standards set forth in Sections 6 and 7 hereof. (b) The City may prescribe a reasonable rate for the basic service tier or associated equipment after it determines that a proposed rate is unreasonable. Section 19. Refunds. (a) The City may order a cable operator to refund to subscribers that portion of previously paid rates determined by the City to be in excess of the permitted tier charge or above the actual cost of equipment, unless the operator has submitted a cost - of -service showing which justifies the rate charged as reasonable. Before ordering a cable operator to refund previously paid rates to subscribers, the City shall give the operator notice and opportunity to comment. The operator's opportunity to comment upon the proposed refunds may be at any meeting of the City Council during the City's period of review of the operator's rates. If the City has extended its review period under Section 13, and has issued an accounting order under Section 13(e), then the operator, prior to refunds being ordered, may request an opportunity to appear before the City Council to comment upon the proposed refunds. (b) An operator's liability for refunds is limited to a one- year period, except that an operator that fails to comply with a valid rate order issued by the City shall be liable for refunds commencing from the effective date of such order until such time as it complies with such order. (c) The refund period shall run as follows: (1) From the date the operator implements a prospective rate reduction back in time to September 1, 1993, or one year, whichever is shorter. (2) From the date the City issues an accounting order pursuant to Section 13(d) hereof, and ending on the date the operator implements a prospective rate reduction ordered by the City or one year, whichever is shorter. (d) The cable operator, in its discretion, may implement a refund in the following manner: (1) By returning overcharges to those subscribers who actually paid the overcharges, either through direct payment or as a specifically identified credit to those subscribers' bills; or (2) By means of a prospective percentage reduction in the rates for the basic service tier or associated equipment to cover the cumulative overcharge. This shall be reflected as a specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable system. (e) Refunds shall include interest computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments. Section 20. Severability. If any section, sentence, or clause of this ordinance is for any reason held to be illegal, ultra vires, or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance. Section 21. Governing LawI Venue. This ordinance shall be construed under and in accordance with the laws of the State of Texas [and the City Charter] and City Codes to the extent that such [Charter and] Codes are not in conflict with or in violation of the Constitution and laws of the f United States or the State of Texas. All obligations of the parties hereunder are performable in Denton County, Texas. In the event that any proceeding is brought to enforce the terms of this ordinance, the same shall be brought in County, Texas. Section 22. Compliance with Open Meetings Act. t Denon It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required, in accordance with Chapter 551, Texas Government Code. 32 APPROVED this day of ATTEST: City Secretary 33 MAYOR A.D. 1993. r� FROMA MY OF' SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor Members of the City Council Jahn Hamilton, City Administrator October 15, 1993 Authorize Bids For Solid Waste Coll ction Services In light of Frontier tWaste Management's letter of termination effective January 2, 1994, and upon the City Attorneys review and comment, staff requests authorization to advertise for bids for this service. It should be noted that the Attorney General has ruled bids are not required. Concerning the bid, does Council have any instructions as to the term of the contract, currently five years, and the norm seems to be automatic annual rate increases for the contractor based on Consumer Price Index with increases beyond the CPI requiring Council action. According to the September issue of the fiML magazine, the average cost for twice weekly, residential Solid Waste Collection for cities with populations between 2001 and 5000, is $9.83. A copy of the current contract is enclosed for your review. Also a copy of Lewisville's current solid waste agreement is enclosed for reference. JH:es CITY SECRETARY ORIGINAL COPY CONTRACT FOR SERVICES THIS AGREEMENT made this -40 1 day of / bl 'o9i /)e-r , 1989 by and between FRONTIER WASTE MANAGEMENT, INC., a Texas Corporation ("Contractor") and THE CITY OF SANGER, TEXAS ("City"). WITNESSETH WHEREAS, the Contractor is engaged in the business of providing commercial and residential solid waste removal, and WHEREAS, the City desires to have the Contractor perform such solid waste removal services to the residents and businesses within its legal boundaries; NOW THEREFORE, in consideration of the mutual covenants, agreements and considerations herein contained, the City and the Contractor hereby agree as follows: 1. Exclusive RicLht. The City hereby grants to the Contractor the exclusive right and obligation to provide solid waste collection services within the City's legal boundaries as they exist as of the date hereof and as may be extended during the term hereof. 2. Term. A. The initial term of this Agreement shall be for a period of five (5) years commencing on January 1, 1990 and terminating on December 31, 1995, subject to prior termination as described in Paragraphs 2 (B) or 6 below and subject to annual review as provided in Paragraph 2 (C) below. Be Notwithstanding the provisions in Paragraph 2 (A) above, either party may terminate this Agreement, during the I term hereof or any renewal term thereafter, after ninety (90) days written notice to the other party; provided, such early termination shall not relieve either party of its obligations hereunder that have accrued prior to the effective date of such termination. C. The provisions of Paragraph 5 below shall be reviewed annually by each party hereto and may be changed upon the mutual agreement of both parties. D. The initial five (5) year term of this Agreement may be extended by the mutual consent of the parties hereto for a similar five (5) year term; provided, however, that the party desiring to extend this Agreement shall provide the other party CITY SECRETARY ORIGINAL. COPY with its intention to extend the Agreement at least One Hundred and Twenty (120) days prior to the expiration of the initial five (5) year term. 3. Covenants of Contractor. The Contractor covenants and agrees to the following: A. Residential Collection. Residential collection shall be twice weekly on Monday and Thursday of each week except for Christmas Day and other Holidays as AUrdoRLZO) by the Sanger City Council. Hours of collection shall commence not earlier than 7:30 am and conclude not later than 39.30 pm on each collection day. Contractor shall be required to pick-up only solid waste that is in plastic bags (not to exceed 30 gallons), metal or plastic garbage cans (not to exceed 30 gallons) or other acceptable containers or bundles (not to exceed 40 pounds and 3 feet in length each). B. Commercial Collection. Commercial collection I ncluding multiple dwellings of four (4) or more units and all businesses (commercial and/or industrial establishments) are to be serviced on an "As -Needed" basis. The type of solid waste receptacle used by any commercial customer shall be used at the sole expense of such commercial customer. Hand pick-up customers shall use a 30 gallon container. The hours of collection for commercial services shall commence not prior to 69.00 am and conclude not later than 9:00 pm on each Monday and Thursday, except for Christmas Day and other Holidays as authorized by the Sanger City Council. Apartments and/or multi -family residences will be collected between 89.00 am and 99.00 pm on each collection day. The Contractor will place in the City, at no cost to the City, 10 gallon receptacles for trash collection at all parks within the City and in the downtown area. In addition, the Contractor will provide temporary placement of trash containers for special events sponsored by the City and located within the City upon the request of the Sanger City Council. C. Compliance with Laws. All solid waste collected by the Contractor will be disposed of in a landfill other than that owned and/or operated by the City. The Contractor will comply with all applicable State and Federal laws regarding collection and transportation of solid waste material. D. Due Care. The Contractor shall exercise due care and caution to protect and preserve public and private property including City streets and parking areas while performing its obligations hereunder. Vehicles used by the Contractor in performing its residential services hereunder shall only drive down the middle of all residential streets and roads and shall not zigzag from one side of the street to the other. 2 CITY SECRETARY ORIGINAL COPY E. Franchise Fee, The Contractor will pay monthly to the City a Franchise Fee of Seven Percent (7%) of its monthly gross receipts for its residential and commercial collections. This Franchise Fee represents a charge for use of the City's streets, F. Liability Insurance. The Contractor shall maintain general liability insurance in the amount of $1,000,o00 per occurrence and $2,000,000 in the aggregate; provided, however, that the amount may be raised if the City is required to raise its liability coverage above amounts presently required by Federal or State laws. The City shall be named as an additional I nsured on such policy and such policy will contain a provision Impthat the insurer will not cancel the policy_ without aivina the City thirty (30) days' written notice. r G. The Contractor shall indemnify and hold harmless the City and its agents against any claims relating to injury to persons, property, employees or anyone else under the control of the Contractor whose performance or failure to perform causes a claim to be made against the City, H. General Conditions. The Contractor shall not deny employment to any person for reasons of race, creed, national origin or religion. Each employee of the Contractor shall at all times carry a valid Texas Operator's Drivers's License applicable to the type of vehicle that he is operating. Wages of all employees of the Contractor will equal or exceed the minimum wage requirements as established by local, state and federal agencies. In addition, the Contractor shall comply with the provisions of the Fair Labor Standards Acts, The Contractor shall not litter any residential or commercial dwelling in the process of performing its services hereunder; provided, however, that the Contractor shall not be required to collect any solid waste material that has not been placed in plastic trash bads, approved containers, or is bundled (as described above). In the event of spillage by the Contractor, the Contractor shall properly clean up any and all Litter, Hazardous waste, body waste, dead animals, abandoned vehicles, vehicle parked, large equipment and parts thereto will not be required to be collected by the Contractor, unless the Contractor agrees to collect such items. 3 CITY SrCRETA RY ORIGINAL COPY The Contractor shall have on hand at all times in good working order, such equipment that shall permit the Contractor, to adequately and efficiently perform its duties hereunder. Such equipment shall be purchased from nationally known and recognized manufacturers of solid waste collection and disposal equipment. Solid waste collection equipment shall be of the enclosed load packer type and all equipment shall be kept in good repair and appearance and in a sanitary, clean and run ready condition at all times. The Contractor shall have available to it at all times reserve equipment which can be put into service and operation in case of any breakdown of its equipment. The Contractor shall have vested title to all solid waste materials generated within the Municipal Area of the City. 4. _Covenants of the City The City covenants and agrees as follows A. To remit all amounts due to the Contractor by the tenth (loth) day of each month commencing in the month of February, 1990. B. Provide the contractor with confirmation of the residential and commercial customers on a monthly basis. C. Mn collect all state and local taxes due on the services provided by the Contractor hereunder and to remit all such amounts due to the appropriate authorities. D. To grant to the Contractor the right to pursue any cause of action the Contractor may have against any third party for interfering with the Contractor's exclusive right and obligation to provide solid waste collection services hereunder. In granting such rights, the Contractor shall be entitled to pursue its remedies without notice to the City. 5. Payment for Services Rendered. The City shall pay to the Contractor for its services rendered pursuant to Paragraph 3 above, an amount based upon the following structure: A. Residential Services (hand pick-up) B. Commercial Customers (hand pick-up, 3 containers $6.25 per month maximum) i. Two pick-ups per week - $9.50/month ii. Three pick-ups per week - $19.00/month iii. Five pick-ups per week - $28.50/month 4 CITY SECRETARY C. Container services ORIGINAL COPY i. One and a Half (1 1/2) yd. containers a. One pick-up per week - $15.00/month b. Two pick-ups per week - $27.00/month c. Three pick-ups per week - $35.00/month ii. Three (3) yd. containers a. One pick-up per week - $27.00/month b. Two pick-ups per week - $44.50/month c. Three pick-ups per week - $61.50/month iii. Four (4) yd. containers a. One pick-up per week - $32.00/month b. Two pick-ups per week - $51.85/month c. Three pick-ups per week - $71.70/month D. Payment of Taxes. The amounts represented in Paragraph 5 (A) through (C) above do not include state and local taxes. The amounts of any local or state taxes shall be added to the amounts described in Paragraphs 5 (A) through (C) above and collected by the City; provided, however, that the fifty cent ($.50) per ton solid waste disposal fee charged by the state is included in the amount shown in Paragraph 5(A) through (C) above and shall be paid by the Contractor. 6. Payment. For services rendered pursuant to Paragraph 3 above and pursuant to the fee schedules provided in Paragraphs 5 (A) through (D) above, the City shall pay the Contractor within ten (10) days after the end of each calendar month. In the event the City does not remit any payment to the Contractor within twenty-five (25) days after the end of any calendar month, the Contractor shall have no further obligation to provide any services hereunder. 5 UU 7. General provisions. A. Modification. This entire agreement and understanding and shall not be considered modified, in any respect unless in writing hereto. CITY GFC:RI=TARY ORIG114AL COPY 4p, constitutes the be the parties hereto, altered, changed or amended and signed by both parties B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. C. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties successors and assigns. D. Assignment. This Agreement shall not be assigned by the Contractor without the written consent of the City; provided, however, that the assignment by the Contractor to an affiliated or related entity or party shall not require the consent of the City. IN WITNESS WHEREOF, the City executed this Agreement as of the written. THE CITY OF BANGER, TEXAS Nel Armstrong Its: Mayor FRONTIER WASTE MANAGEMENT, INC . and the Contractor have day and year first above ATTEST: , Its: Cit Secretary ATTEST: By: Its: City Secretary t'K JN'i' t l it WAS'C)s MANAi;I MIiN'1' , 6141 S. Second St . P.O. Ho 7 5 B Sanger , Tx '/6266 Or,tober 4, 1993 City of Sanger Sanger, ".l'z 164,66 1(e: Waste Management Contract hear Sir: i Nl� . ThiE CITY OF SAiVGFR OCT 4 1993 I l p r. ra n n n raj 1 T f. in AccordAnce with paragraph 2 (l3) of tl►e frontier IVaste AtAnBgenler►t COntTaCt fOr Services which sIates: ...either par►y may terminate this Agreement, during the initial term hereof or any renewal tern► thereafter, after ninety (9o) clays wr; t le.n not icc, to the other par ty .. . Therefore, this letter serves as i�rontier Waste Managc►,►ents ninety (90) clay written notice of Agreement termination. Therefore, ninr:ly clays from October 4, 1993, (January 1994) will be tl'ae effective state of tl►e Agreement termination. Sincerely Benny N. 1ohnson President frontier Waste Management lrtc. r r s:�..,�;:}t�};,� Neiman & Barnes n ��rofcra•.sic�rtr�l c�rpc��'ntrot2 Attorneys At Law 3$6 W. Main i P.O, Box 777 Lewisville, Texas 750G7 Ronald J. Neiman Margaret �. Barnes October 8, 1993 �-, mr. �7ahn Hamilton, City Manager City of Sanger I�. O. Box S7$ Sanger, Texas 7626� RE; Frontier Haste Maitagemant Dear John: Ph.: 214/43G•1558 Fax; 214/436.1349 I have reviewed the contract and ],attar dated goober 4, �.993, regarding the solid waste pickup, and tha contractor is permitted to terminate the contract with the 90 day notice as ha has done. Tharefora, the City can and shculd look fQr another service providex. Please advise i� r may be of further assistance. SincexalYr �� C Rancid �7. Neiman RJN:msj AN AGREEMENT GRANTING TO TEXAS WASTE MANAGEMENT, A DIVISION OF AMERICAN CONTAINER SERVICE, INC., A TEXAS CORPORATION, THE EXCLUSIVE FRANCHISE AND RIGHT TO OPERATE. AND MAINTAIN GARBAGE SERVICE AND TRASH COLLECTION AND HAULING OVER, UPON, ALONG AND ACROSS THE PRESENT AND FUTURE STREETS, ALLEYS AND PUBLIC PROPERTIES OF THE CITY OF LEWISVILLE, TEXAS; AND PROVIDING REGU- LATIONS FOR THE OPERATION OF SAID SERVICE,. WHEREAS, the City of Lewisville has reviewed the provision of Solid Waste Management Services in its jurisdiction in accordance with §12 of Article 4477-7c V.R.C.S.; and WHVIIRAS. the City Council of the City of Lewisville is of the opinion that such services may best be provided to all persons within its jurisdiction by granting an exclusive franchise to a third party; and WHEREAS, the City of Lewisville granted an exclusive franchise to Waste Management, Incorporated of Texas on November 5, 1979; and WHEREAS THE, company has changed its name; and WHEREAS, the City of Lewisville wishes to amend such %10 franchise agreement in certain particulars and extend such contract and exclusive franchise agreement; NOW, THEREFORE, be it ordained by the City Council of the City of Lewisville, Texas: THAT the Agreement dated November 5, 1979 betweet: the City ob Lewisville and Waste Management, incorporated of Texas is renewed and extended by the following agreement, and THAT the City of Lewisville grants to Texas Waste Management, a division of American Container Service, Inc., a Texas cor- poration, the exclusive right and contract to operate and main- tain the service of garbage and trash collection and hauling over, upon, along and across the present and future streets, alleys, bridges and public properties of the City of Lewisville, Texas, subject to the following conditions, restrictions, and regulations: AGREEMENT , Page One G"p ! � !� I. GRANT OF EXCLUSIVE FRANCHISE Texas Waste Management, a division of American Container Service, Inc., a Texas corporation, ("Grantee"), and assigns, is hereby granted by contract the exclusive right and privilege within the Corporate Limits of the City of Lewisville, Texas (said City being referred to hereinafter as "Grantor") to conduct business for the purpose of collection and disposal of solid waste, garbage, refuse, trash, and rubbish within the Corporate e "L _ o s �.. ..F T.ueri avi l l e _ Texas and in any and all Limits oL tMuo �&. Oy W- _-- tracts, territories and areas hereafter annexed to, or acquired by the City of Lewisville, Texas. All residential and commercial establishments served by the Grantor in the City of Lewisville, Texas shall do their garbage, refuse, trash and rubbish collec- tion and disposal business with the Grantee during the term hereof. The City of Lewisville hereby specifically includes under this contract the exclusive right to do roll -off collection work, unless such hauling is performed by the generator of such rubbish, and not by third parties. Grantee is hereby granted title to all such garbage, refuse,. trash and rubbish which is collected and disposed of by Grantee; provided however that title to and liability for waste materials excluded from this franchise below shall remain with the generator. The Grantee is further granted the right to construct and maintain such fixtures as may be necessary in the conduct of said business. II. EXCLUSIONS This agreement shall not cover hazardous, toxic or radioactive wastes, or substances as defined by applicable Federal, State or local laws or regulations, nor be interpreted to prevent the removal of trash or rubbish by the generator of such trash or rubbish. Grantee will not be responsible for hauling human or animal waste, hazardous waste, auto parts, rocks, concrete, sand, gravel or dirt. AGREEMENT, Page Two III. TERM This agreement is to take effect and continue and remain in full force and effect for a period of ten (10) years, and such period shall commence thirty (30) days after the date of this franchise agreement. On the day following the end of the first contract year and on that date for each succeeding contract year, the term of this agreement shall be automatically extended for an additional one year period so that the remaining balance of the term of this agreement shall remain the ten (10) years. Should either party desire that said automatic one year renewal and extension provision be terminated, such party may give the other written notice of such termination thirty days prior to the last day of any contract year. Such notice shall terminate the automatic one year renewal and extension provision, and this agreement shall remain in effect for the remainder of the ten (10) year term then outstanding. IV. RATES The Grantee is authorized to charge reasonable rates for the service furnished under this agreement it being understood and agreed between the Grantor and Grantee herein that the following rates are reasonable under the present conditions: RESIDENTIAL 2 Pickups per week in cans/bags, from the curb or side of City street, public road in front, or public alley in rear of the $ 7•07 pick-up site Residential rates for items requiring special handling due to size, weight, type of material or placement may be negotiated at any time by the Grantee and the generator prior to collection. Such rates shall be reasonable for the service furnished. If agreement cannot be reached between the Grantee and the genera- tor, the matter may be submitted to the City Manager of the City of Lewisville, Texas, for final arbitration. AGREEMENT, Page Three t COMMERCIAL FEE For commercial collection service, Grantee shall enter into a written agreement with the generator which shall include the terms and conditions of this franchise as well as other terms and conditions of the service to be provided. Frequenc 3yd 6yd -_ 1 pick-up per week $ 46.71 $ 76.75 $ 86.73 2 pick-ups per week 76.75 120.33 146.33 3 pick-ups per week 101.61 167.04 205.50 4 pick-ups per week 128.70 216.28 265.47 5 pick-ups per week 157.22 259.87 324.69 6 pick-ups per week 186.08 306.42 384.19 Extra Pickuy (each) $ 17.36 $ 24.81 $ 33.49 Commercial Band Collection Minimum - $ 12.95 (1 to 4 bags per pickup) 14.90 (5 to 8 bags per pickup) 16.68 (9 to 10 bags per pickup) 20.83 (11 to 12 bags per pickup) Cus_tom_er Owned Compactor - $4.37 per yard REDELIVERY FEE FOR NON-PAYMENT OF ACCOUNT - $27.76 ROLL -OFF Open Tops 400� Cost Per Pull Delivery Fee per tlnit Rental per Unit Service per Yard Closed Tom Compactors Rental per Month Rental per Month Service per Pull Delivery Fee per Unit 24ya $ 130.76 37.78 104.64/Month 5.45 30�d $ 163.45 $ 183.39 (Customic Owns Comp_ Head/ Grantee Owns Box) 396.00 (Grantee Owns Both) 175.12 37.78 Rates for special waste as defined in Exhibit "A" attached hereto and made a part hereof shall be agreed upon by the Grantee and generator prior to collection. The rates shall he adjusted annually and shall increase con- sistent with the Dallas Area Consumer Price Index (CPI) rate based upon the latest available figures from the Bureau of Labor Statistics for a twelve month period preceding the effective date of the first day of November in each calendar year beginning November 1, 1988. In the event the CPI for any such period shall be equal to or less than 5q, the Grantee may implement an AGREEMENT, Page Four iJIJ�� d increase in the rates charged without additional approval. In the event the CPI is more than 5%, the Grantee must receive approval from the City Council, after public hearing, in order to increase the rates above the 5% level. The Grantee shall provide the Grantor with thirty (30) days advance written notice of its intention to increase rates as set forth herein, and the amount of increase. The Grantee shall further publish at least two notices in a newspaper of general circulation in the City of Lewisville stating the amount and effective date of such ,,�; .ae tonbepublished once at least twenty (20) days prior to the effective date and once at least ten (10) days prior to the effective date. Said notices shall be located in an area of the newspaper other than the classified or legal notice portion of the newspaper and be at least three inches by three inches in size. v. RESIDENTIAL D_EPOS_ITS; BILLING Grantor shall institute a $5.00 deposit for new residential customers to be included with the initial sewer and water bills, and the same shall hereby be implemented upon the effective date of this contract. Such deposit shall be paid to Grantee in the event of nonpayment by any such residential customers. Grantor agrees to use its best efforts to collect billings from customers of Grantee and to allow Grantee to discontinue service to and institute collection procedures against any customer in the same manner as water and sewer service is discontinued or bills collected. Grantor shall require payment for trash service at the time payment for water and sewer service is made and no par- tial payments will be permitted. Residential billings shall be conducted by the City of Lewisville at the end of every month of service. Commercial billing shall be conducted by Grantee at the end of every month of service. Remittance of funds shall be made in accordance with Paragraph VI hereof. AGREEMENT, Page Five � �, VI. CONSIDERATION; PERCENTAGES OF RESIDENTIAL AND COMMERCIAL BILLINGS AND PROVISIONS FOR PAYMENT THEREOF As consideration for the granting of this contract, the Grantee agrees to pay to the Grantor ten percent (10%) of the money collected from residential customers and seven and one-half percent (7.5%) of the money collected from commercial customers as full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Lewisville, Texas, and for billing services as provided in paragraphs V and VI hereof. Such consideration may be construed as rental, conduct and supervision of collection or inspection charges. The payment so made shall be in lieu of any other tax, assessments or other charges, except ad valorem taxes. Residential. With respect to residential billing, payments of ninety percent (90%) of the amount collected monthly shall be remitted by the Grantor to the Grantee on or before the 14th of the month following the month for which services are rendered by Grantee and each succeeding month thereafter for the duration of this agreement. Additions and Deletions. In respect to additions and deletions of residential customers, Grantor and Grantee shall meet on a monthly basis to determine the number of new residential customers to be added and the number of residential customers to be deleted from the billing process as the basis for monthly billing. Commercial. With respect to commercial billing, payment of 7.5% of the amount collected monthly by the Grantee shall be remitted to the Grantor on or before the 15th of the month following the month for which services are rendered by the Grantee and each succeeding month thereafter for the duration of this agreement. Information to Grantor. Grantee will furnish Grantor a docu- mented computer analysis of each commercial customer on a monthly basis, revealing customer name, type of service, (hand collection AGREEMENT, Page Six or containers), by size, frequency and price as a basis for monthly billing. On a monthly basis, Grantee will furnish Grantor a computer analysis of aged delinquent payments in commercial customers over 30 days. VII. STATE AND FEDERAL REGULATIONS BOND The Grantee agrees to comply with all of the existing laws of the United States and of this State and any further laws which may be enacted by the United States or this State, and agrees to ,.,,m�t� c�;r.h the regulations of any regulatory body or officer ,.....r-i ---- .. authorized to prescribe or enforce regulations pertaining to the operation of garbage disposal, it being expressly agreed that nothing in this contract shall be construed in any manner to abridge the right of the City of Lewisville, Texas, to pass or enforce necessary police and health regulations for the protec- tion of the inhabitants of said City. Furthermore, the Grantee shall furnish good performance bond of Ten Thousand ($10,000.00) Dollars, made out to the City of Lewisville, Texas. VIII. ACTIONS OF EMPLOYEES T,he Grantee shall he responsible for the actions of its employees during the performance of service under this agreement. It must assure the Grantor that, as representatives of the Grantor, the actlons of all employees must be in the hest Lnterests of the Grantor and its citizens. IX. LIABILITY INSURANCE Grantee shall provide and maintain during the 1lEe of ttie contract, Public Tiability and Property Damage Insurance and Umbrella Coverage in the Following amounts: Public Liability - $500,000 per person/$500,000 per accident Property Damage - $500,000 per any one claim Umbrella Liability - $1,000,000 with a $25,000 deductible and/or base insurance AGREF.MF.NT, Page Seven to protect itself, its agents, and its employees from claims for damage for personal injury, including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by itself or its employees. The policy or policies shall name the City of Lewisville as Additional Insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City thirty (30) days notice in writing. Grantor may require that the limits stated herein be raised in 00tio a..o.,r liability of municipal governments is increased by amendment to §101.023 Texas Civil Practice and Remedies Code, or any other State or Federal legal requirement. X. INDEMNITY Grantee shall defend, indemnify and hold harmless the Grantor and each of its officers, agents, servants and employees from any 0) and all suits, actions, claims, losses or damages of any character and from all expenses incidental to the defense of such suits, actions or claims based upon or arising out of any injury, disease, sickness or death of any person or persons, or any damages tc any property caused by any negligent or a willful act or omission of the Grantee or its officers, agents, servants, employees, or anyone else under Grantee's direction and control, and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by this contract. XI. OFFICE The Grantee further agrees to maintain an office with a separate telephone listing, tinder the name of TEXAS WASTE MANAGEMENT, to take and handle all complaints with regard to gar- bage and trash collection within the City of Lewisville. Said AGREEMENT, Page Eight office is located, on the effective date of this contract, at 1300 S. Railroad, Lewisville, Texas 75067, and said telephone listing is (214) 436-3512. All complaints shall be given prompt and courteous attention and in the case of alleged missed sche- duled collections, the Grantee shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received. This office shall be open from 8:00 a.m. to 5:00 p.m. Monday through Friday. • Xii. HOURS OF SERVICE AND HOLIDAYS Hours of service shall be 7:00 a.m. to 7:00 p.m. for residen- tial collection. Commercial collections for commercial areas adjacent to resLdential neighborhoods shall be 7:00 a.m. to 7:00 p.m. All other commercial collections shall be between 3:00 a.m. and 7900 p.m. Grantee shall not be required to provide service on Sundays and holidays, except for essential commercial custo- koo mers such as hospitals. All other commercial customers scheduled on holidays will be picked up the following day. Holidays for the purposes of thLs contract shall be as follows: New Year's Day, Memorial Day, Independence day, Labor Day, Thanksgiving Day and Christmas Day. XIII. BRUSH AND TRASH REMOVAL The Grantee agrees to furnish brush and trash removal service at no extra cost to eligible customers upon request to Grantee within a reasonable length of time. Said brush or trash must be placed at the usual place of garbage pick-up. Loose trash must be placed in regular garbage bags or receptacles, not to exceed 30 gallons of capacity with proper lifting handles. Brush must be ctit in five foot lengths and securely tied in bundles not to weigh more than 50 pounds. Appliances or furniture shall be AGREEMENT, Page Nine limited for reasonable handling by two men and placed at the usual place of garbage pick-up. Appliances or furniture will be picked up on second pick-up of the week. XIV. FREE. DUMPING PRIVILEGES Normal household refuse, appliances, material and items which are associated with a residential dwelling may be dumped at any time at Grantee's DFW landfill site with proper identification that the person is a Lewisville resident without charge. This privilege is for private residents only and persons hauling for hire regardless of contents will be charged the gate rate fee. XV. WASTE. COLLECTION COMMITTEE Grantee agrees to the establishment of a waste collection committee which consists of five (5) persons, two to be appointed by the Grantee and three to be appointed by the City Council. Such committee shall meet quarterly to review the waste collec- tion operation and submit written report to the City Council. If, in any quarter the Committee reports that the Grantee's operation has been substantially substandard, the City Council may suspend the automatic rate adjustifienLs as set forth in Paragraph IV hereof, whereupon any rate changes will require approval by the city Council after public hearing. XVI. ENFORCEMENT The City of Lewisville hereby further grants unto Grantee the right to seek an injunction against any third party which is believed to be infringing on the rights of Grantee to this exclu- sive franchise agreement. By granting this right to Grantee, the Grantor in no way reduces its right to enforce this contract or any other City of Lewisville ordinance relating to the collection and disposal of garbage, refuse, trash or rubbish. AGREEMENT, Page Ten XVII. REGULATIONS AND RE UtQ REMENTS OF GRANTEE The service furnished hereunder to said City of Lewisville, Texas, and its inhabitants, shall be subject to such reasonable rules and regulations as the Grantee may make from time to time, subject to the reasonable approval of the Director of Health. The Grantee may require of reasonable security for the payment of bills, and may require of every customer a contractual right of ingress and egress from and upon the customer's property. XVIII. REQUIREMENT OF COMMERCIAL CONTAINERS WHERE APPROPRIATE Grantor and Grantee agree that, as the volume of garbage increases at all commercial and industrial establishments and apartment complexes, the regular household type garbage cans (if any) will be replaced by regular commercial type garbage con- tainers. An establishment generating three cubic yards or more per week will be required to obtain a commercial type container from the Grantee XIX. EXCUSE FOR NON-PERFORMANCE The performance of this contract may be suspended and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond reasonable control of a party. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage, lack of adequate fuel, power or raw materials; judicial or governmental laws, regulations, require- ments, orders; national defense requirements, tabor strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against Its own best judgment). XX. NOTICE OF DEFAULT A failure upon the part of the Grantee herein, his successors and assLgns, to observe the terms and restrictions of this AGREEMENT, Page Eleven agreement, if continued or persisted in after due notice in writing from the City Council, signed by the Mayor and attested by the City Secretary to the Grantee herein, and due opportunity to remedy such failure, shall be grounds for the forfeiture and termination of all rights under this contract. XXI. GRANTEE'S DEFAULT In the event of material default by Grantee in the perfor- mance of this agreement, Grantor shall be entitled to have dumping privileges at any landfill owned or operated by Grantee or affiliates at 20% rate reduction from the then current posted gate price. XXII. ARBITRATION In the event that any dispute involving this contract cannot be resolved by the parties, either party may submit the dispute to arbitration in accordance with the rules of the American Arbitration Association. Any award of such arbitration may be enforced in any court of competent jurisdiction. XXIII. ASSIGNABILITY This agreement, as well as Lne LL�'tll.J.--- assigned by the Grantee herein, as well as all succeeding Grantees at their option with the approval of the Grantor, or the rights of such Grantees or successors hereunder may be trans- ferred under foreclosure proceedings or judicial sale, or may be transferred from one holder to a third party by the operation of forfeiture clause of any agreement between such persons in which case assignees shall succeed to all the rights, duties and liabi- lities of the Grantee hereunder. AGREEMENT, Page Twelve XXIV. FINAL AGREEMENT This agreement supercedes any contract which now exists or may have previously existed between the parties. PASSED AND APPROVED this ? day of ��C�;?AJZ-1987. ATTEST: GRANTOR: CITY OF LEWISVILLE APPROVED AS TO FORM: City AttorrVey ATTEST: Secretary AGREEMENT, Page Thirteen Mayor,, Ci, f Lewisville GRANTEE: TEXAS WASTE MANAGEMENT, A DIVISION OF AMERICAN CONTAINER SERVICE, INC. CITY OF SANGER p. O. BOX 578 SANGER, TEXAS 76266 TO: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Administrator DATE: October 15, 1993 SUBJECT: Interlocal Agreement, Fire Service !Denton County The attached is the annual Interlocal Agreement with Denton County for Fire Service. Section V on page 5 of the agreement establishes payment amounts to the City for services rendered. A copy of the agreement has been forwarded to the Fire Department for review and comment. JH:es Enclosures 1S46 r BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION 110 \;BEST HICKORY DENTON, TEXAS 76201 PHONE: (817) 565-8660 WATTS:1-800.346-3189 FAX: (817) 383-0988 METRO: (214) 434-7925 October 5, 1993 Ms. Rosalie Garcia City of Sanger P. O. Box 578 Sanger, Tx 76266 CERTIFIED MAIL NO. P326 798 783 RE: Interlocal Cooperation Agreement - Fire Dear Ms. Garcia: Enclosed are two originals of your city's Interlocal Cooperation Agreement for Fire Service with Denton County for fiscal year 1993- 1994. Please obtain the appropriate signatures on both contracts and return both contracts to this office so that they may be placed on the next Commissioners Court agenda for approval. One ICA original will be returned to you after approval and signing by the Commissioners Court. Thank you. Sincerely, Carmen Rivera -Worley Assistant District Att CW:hd Enclosures pc: Denton County Commissioners Court James Wells, Denton County Auditor THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this 1993, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the "CITY OF BANGER", a municipal corporation 1 Vl..d 1. Ct,L 111 LCll 1. V11 LLll 11CrC111d11.CL ati.� "1.11.�/." \.V t'y, 1CXd.''�, LC1 CL�i. Cld l.V WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of Denton County; and WHEREAS, City is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel duties are related to the use of such vehicles and equi whose pment; and WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND 1 I City, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1993. The term of this agreement shall be for the period of October 1, 1993 to and through September 30, 1994. II. Services to be rendered hereunder by City are fire protection services normally rendered within the City Fire Department as hereinafter defined, to citizens of County, to wit: A. Availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the City Fire Department; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction of such Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced elsewhere herein and the per -call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton County who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. Be The City Fire Department shall respond to requests for fire protection services made within County as set out in Exhibit "A" attached hereto designated area #1 - Sanger and incorporated by 2 reference. C. The County agrees that in the event a fire in the City unincorporated designated area which the City considers to be of incendiary nature and upon request by the City, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the City shall not be responsible for investigations of suspected incendiary fires in rural area, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). E. It is further agreed that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the City considers to be of incendiary nature in the City's incorporated designated area upon request by the City. F. It is further agreed that the City shall submit monthly statements on the Texas Fire Incident Reporting 5ystem's standardized forms to the Denton County Fire Marshall, 301 East McKinney, Denton, Texas 76201. This form will serve as the billing statement to the County for reimbursement of calls made in the unincorporated designated area. G. It is further agreed that Denton County Fire Marshall shall provide the forms upon request from the City. H. It is recognized that the officers and employees of City's 3 Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and provide supervision of County's employees, agents, contractors, sub -contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. IV. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub -contractors and/or laborers, if C� 41 any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County. V. For the services hereinabove stated, County agrees to pay to City for the full performance of this agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) upon execution of this agreement and the sum of EIGHTY-FIVE DOLLARS ($85.00) per fire call in the designated unincorporated areas of Denton County, Texas. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. City understands and agrees that payment by County to the City shall be made in accordance with the normal and customary processes and business procedures of County, and in conformance with applicable state law. County agrees to provide to City an STX 800 Mhz radio for the use of City in carrying out the terms of this contract. This radio will remain the property of the County and will be returned on termination of this agreement. County will bear the risk of loss or destruction and make necessary repairs so long as City uses the property in a reasonable manner for the purposes of this contact. County reserves the right to reclaim the property at any time for any reason. It is agreed by County and City that the radio was provided for in previous contracts between County and City. No agreement has been made for an additional radio. VI. County agrees to and accepts full responsibility for the acts, 5 negligence, and/or omissions of all county's officers, employees, and agents while with in its County limits. VII. COUNTY and City understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of these laws to the agreement. Insofar as legally possible County and City agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. VITI. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. IX. This agreement may be terminated any time, by either party giving sixty (GO) days advance written notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as C� 1 authorized by this agreement. In the event of such termination, should City be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. The fact that County and City accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XI. This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both City and County. XII. 7 This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State %J Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officer and/or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XV. Acceptance of this contract constitutes approval of the service area set out in exhibit "A" attached hereto. 8 ri EXECUTED in duplicate originals, this , 1993. COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 I� Jeff Moseley Denton County Judge Acting on behalf of and by he authority of DENTON COUNTY Commissioners Court of Denton County, Texas. ATTEST: BY• Tim Hodges Denton County Clerk APPROVED AS TO FORM. Assistant District Attorney APPROVED AS TO CONTENT: Denton County Fire Marshal City the day of CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Mayor Acting on behalf of and by the authority of the City of Sanger, TEXAS ATTEST: i City Secretary APPROVED AS TO CONTENT: Fire Chief 9 MEMORANDUM #2363 TO: FROM: DATE: SUBJECT. CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor & Members of the City Council John Hamilton, City Administrato October 15, 1993 Request For Use of Community Cen er The enclosed letter from the Cub Scouts is presented for your consideration. JH:es Enclosure tee Gv.�a 12 ,Io <'C" T_./_ �i T_ 701�1�e �o�r��vi�. T/ ��r��c�/ _ - . V/_=12V.._ 172 <f_ ?O C > /�. �c� Tom'©�J _. % cs� /� AO)UT .._ f �7 �' ©�'i?lY�l 'Awl_ 09�5` _Yo_v ...__ 'c9 Ole ,�� `�ss T,,P,,,� 00000 �. 'AWE CITY OF SANGER 17 O CT. 1 3 1993 j Pfn W-0 MEMORANDUM #2365 TO: FROM: DATE: SUBJECT: CITY OF SANUER P. O. SOX 578 SANGER, TEXAS 76266 Honorable Mayor & Members of the City Council John Hamilton, City Administrato October 15, 1993 Administration Report 1). The 1Qth Street project was projected to be completed Friday the 15th by the contractor; however, the rain, mid -week, has delayed the completion date. 2}. Public Works has had two resignations. The two utility worker positions are posted. JH:es "Christ The Great Shepherd Church" DATE: OCTOBER 7, l =%J Mr. John Hamilton City Mgr. City of Sanger PO Box 578 Sanger,Tx. 76266 Dear Mr. Hamilton: G i-1C CITY' OF SA�.',CER r�1 OCT 12 1993 , The trustees of Christ the Great Shepherd Church have agreed to donate a 71/2 foot by 600 ft. long utility easement on the west side property line of the church property on Belz. Rd. It is as understanding that a water line will be installed in this easement. Thanks in advance for all your support! Sincerely, Christ The Trustees: Great Shepherd Church IN Boom'Wmalm � .... B.J � Pratt - Eddie Garland e�V I Eddie Hernandez "THE LORD IS MY SHEPHERD" beV a�� Zrvt-� .tip /70 ` r� &/az � � Gam._ 00 REGIONAL WATER DISTRICT TO: John Hamilton, pity Manager, City of Sanger FROM: Thorr.s'1`aylor, Executive Director DATE: Octdber 11, 1993 TI-IE rl of 0AN►cER P OCT 1 4 1993 [III7 t� _. Based on our recent discussion, it appears that Sanger will not need surface water from the Regional Treated Water Project until the 1997-98 time period. If the outlook is different from your point view, please advise. For scheduling purposes, please advise me whether you need the line completed by summer of 1997 or summer of 1998. Schedule for the pipeline could be affected by developments in that area of Denton where we would propose to connect. Therefore, I suggest we all remain flexible. Please advise us concerning your desired in-service date. TET/nt c: Jim Altstaetter, Principal, Alan Plummer Tom Snyder, Chief Engineer, UTRWD Bob Nelson, Executive Director, Denton c:\..sanger\pipe lin.o93 and Associates Utilities r T0: JOHN HAMIL,TON, FROM: BENNY ERWIN, DATE: 10/8/93 REF'ER�;1Vc.� : U�N�1'UiV 93-47 v .�, r�er r•mnae CvUi�Tx , RADly aa.�.�s.ii I have talked to the Sheriff today and explained the problem this Department is having with the hand held radios. He advised that he would get with his personnel and find out if the repeaters sensitivity was cut back. He said that if the sensitivity needed to be raised up to peak, he would help out in any way he could. -r was told by Mr. Locus that he would get back in touch with me soon as possible. On l0/7/93 I talked to our radio technician and I was advised that our hand held radios were not putting out the maximum output . He took three radios with him and he wi11 try to bring them to peak performance. Gary stated that placing a repeater here at our office would not work proper. I was told two repeaters would not mix, it would sound like a scrambler was placed on the line. He also advised that he might place a voice storage inside our radio system. He said he would have to make this item and I'm not sure what he was talking about. ��� DATE: September 29, 1993 MEMO I'O: Mayors and City Councilmembers of Cities and Towns Affected by Proposed Radio Dispatch Fees By Denton County Sheriff's DepartXent �ROM: Yvonne A. Jenkins, Mayor City of Argyle At the Denton County Commissioners' Court budget workshop held on Monday, Sept. 27th, the Sheriff withdrew his request for the $100,000.00 from ten small cities for radio dispatch s�r;ti rra nharnP� fnr FY 9l-44 . At the regular Commissioners' Court meeting on Tuesday, Sept. 28th, the Court adopted their FY 93-94 budget with a 5-0 vote that DID NOT include the speculative revenue for "communica- tion contracts". Again, THANKS for your support on this issue. The Sheriff stated that he will be negotiating to include "some" fees from the cities during this next year for FY 94- 95. This issue is not going to go away. As the County, other entities and organizations search for ways to find revenue for their budgets, I believe that the cities and towns will be subjected to and "targeted" for other such proposals. It is important that we have the opportunity for input and participation in such decisions. If you and your council are interested in organizing a "Small Cities" group, please contact me at 817-464-7273. For thinking purposes, I would suggest quarterly meetings with a planned agenda and that the group be comprised of general law cities that have common interests and challenges and that the meetings be hosted by a different city each quarter. PLEASE COMPLETE THE ENCLOSED SURVEY AND RETURN to me by November 1, 1993 at: P.O. Box 1035 Argyle, Texas 76226 ENC: Related Material E i IL ti�� i OF SAiVGC� �"�Jd � 0CT g 1993 DENTON COUNTY SMALL CITIES GROUP SURVEY FOR INFORMATION P1AME OF CITY PHONE # CITY HALL ADDRESS FAX # MAILIIQG ADDRESS, IF DIFFERENT ------------------------------------------------------------ YES, our City is interested in participating. N0, our City is not interested in participating. We cannot participate at this time, but are interested C111K WVUil iJf':� 4V "G V11 bll,r 3/ICiilillg 11J4. iQAME OF REPRESENTATIVE ;MAILING ADDRESS AND ALTERNATE OUR CITY IS INTERESTED IN THE FOLLOWING TOPICS: ADA Compliance Animal Control Annexation Boards of Adjustment Budget Process Cable TV CIP Projects Code Enforcement Economic Development Franchise Agreements Interlocal Agreements Land Use Plan Municipal Court Neighborhood Crime Watch DO YOU HAVE ANYONE ON YOUR COUNCIL KNOWLEDGE OR EXPERIENCES ON THE TOPICS WHO ? TOPIC PHONE Personnel Policy Planning & Zoning Police Department Open Meetings Act Open Records Act Ordinance Codification Records Management Recycling Project Senior Citizens Services Street Department Trash Service Volunteer Services Other OR STAFF WHO CAN SHARE LISTED ABOVE? PLEASE CHECK PREFERENCE FOR MEETING TIME: DAY OF WEEK ; TIME OF DAY MONDAY TUESDAY WEDNESDAY THURSDAY ' � 1 FRIDAY SATURDAY MORNING TIME OF NIGHT oxm� „�° y� O ��..yy ��-a.�'o U y� O m � r. � r'' � O W "�' �p O A) c�'. C7 � m '�' � � m O 7 �n... �+• LL n �l- C��.. � � � t-r. � p "'N ( ...rrok a p.m �m �,, p ��cr G � ap G fD•o^o �� �C � � � m CJ (D t�DM CJ 'J m C � � �'� cJ � � C �� �.. � ry G rr '� 7 �t `•� (n N '�' �`• O � p Oq 'A' 'J cD n p w��aw o°q�cy `�° `�° �� o `� `� ' � " o � �' w �*'�.co o p o o �"�o �� o• �� G 'o x b � �, o p� m ro r,. � Q„ � o a, ,,,. � G a � -, � o w G � w Wp'�.o � cTt p '+ ar-.... �' m �� w� G m� o CMG cn n p � m�'P''"'� o��.A"�c�uc� aw�tibG'� � a � � o 0 0 �3 �J o .-• � a � amp c� pq' � �� � ro �'• p- � �' � a `ii m �a: �'�'v,m�°,m � ;.maw o w �* a� ►-. �. timoti -�., ti o o �� W o o ti M� ro :.� .� � o �-•5 c� � P. W m b ~ o ua'i "' 'U m � � � � m �`�� � p'�� � �•� �' m o m o o� ��, o a m m� m� �.q,� M M ��a .^�� m� � � �aa � o G" � `� o o p ter. o �' � •'' e to H r* � ti m �. m �� m � b..o o m � ti c�u �m �o Gb o w D � ;�• m V t co � c�*• �y • i* gyp-. m" �; F+ �. � �t-+p�•tn�nbbac� �•�rroam�m �`_• er�Q+fi PTO p Om e`Yi O W� ti p o �. rn cr co m �• o �'��.m�o'bpwCJZ'b tio:�tiC p A A p U' U' p '�' m� m G Ofi � m LZ+ � �• ti � W H '•� � ~� e� � b� � p W p m O p,.b ; r� � m �t �D ((Op �. � Gm � a m G � "� `r � �� co o p � aoq � o � w�.. e C� G p o "Lf �r m � `t o o� `C o � m . � �C m P+ � m �-y � • „•; O M G � � � � � cam. p o _ ° o n m � � � p h �, � � m��amE:;� - " � � a. �. m m o 'o � 'u �• D tr N��� .fir p a O "� O m (D O• � � m � ro n, � N m � � � N a'� � �� mO~ v � m W G+ `C � �� a m m � � _ � G � m m �ao C G p oo, � ear m m m � �y, � � `• :* North Central Texas Council Of Governments Chuck Tucker Public Works Superintendent City of Sanger P.O. Box 578 Sanger, TX 76266 Dear Mr. Tucker: jjt: CIi1f OF BANGER OCT 8 1993 U r U o,*,GFn, TEXAS; October 7, 1993 The North Central Texas. Council of Governments, as part of the Texas Review and Comment System (TRACS) process, is currently reviewing a preapplication from Bolivar Water Supply Corporation for grant/loan funding from the Farmer's Home Administration in the amount of $2,100,000 to make water system improvements, including the addition of adequate storage and the reworking or reconstruction of the ground water wells. This preapplication will be reviewed by NCTCOG's Water Resources Council (October 14, 1993) and Government Applications Review Committee (October 15, 1993), and then submitted to the NCTCOG Executive Board for final consideration (October 28, 1993). As part of this review process, the NCTCOG staff is seeking any preliminary comments from local governments or other entities in the vicinity of the proposed project. For your information, a brief project description is attached. The NCTCOG staff will also be following up with Bolivar Water Supply Corporation regarding details for the project. Please forward any comments you have regarding the proposed project, either in writing or by phone, to Marybeth Guenther, NCTCOG Department of Environmental Resources. I will need to receive these comments prior to the Water Resources Council meeting on October 14, 1993. Your assistance is appreciated and will help to provide a thorough regional review of the proposed project. MMG: Attachments Sincerely, Marybeth M. Guenther Environmental Planner NCTCOG Department of Environmental Resources 616 Six Flags Drive, Centerpoint Two ' P. O. Box 5888, Arlington, Texas 76005.5888 (817) 640.3300 FAX: 817.640.7806 Qrecycled paper Project Description Bolivar Water Supply Corporation Bolivar Water Supply Corporation is applying to the Farmers Home Administration (FmHA) for a combination of grant and loan funding in the amount of $2,100,000 to upgrade the WSC Is water system in order to meet state requirements. Bolivar WSC is proposing to match the federal funding with $111,020, The Bolivar WSC system does not have sufficient ground storage capacity to meet state requirements, and they currently depend on six wells which are in need of refurbishing and/or replacement in order to provide adequate supply. The budget provided with the application is proposed, with details and costs regarding final implementation depending heavily on the results of the initial assessment and report on the system. It is assumed at this point in time that the primary activities will be addition of adequate storage and reworking or rarnnctri irrtinn of tho nrni mri water wPllG Rnlivnr WSG currently has 2406 customer connections. and is a growing system with a large service area covering portions of Denton, Wise and Cooke counties. The current water rates are $14.00 for the first 2000 gallons and $2.75 per 1000 gallons above the base amount. The staff has contacted both the consulting engineer and Bolivar WSC staff regarding details on the proposed funding application. The engineer indicates that the primary goal is to add the necessary storage capacity and improve the ground water supply sources (wells). Bolivar WSC participated in the Denton County water study, but does not currently have firm plans for any future surface water supply. PHIL GRAMM TEXAS WASH 1 N GTON, D. C. 2054O. 4302 October 11) 1993 Mr..John Hamilton City Administrator City of Sanger P.O. Box 578 Sanger, Texas 76266 Dear Mr. Hamilton: i OCT 14 1993 - U Thank you for your recent letter regarding federal mandates and their impact on the operation of city and local governments and for enclosing the City of Sanger resolution in this regard. I completely agree with you and the City Council on this matter. The examples you provided to me from the City of Sanger will be very helpful as I continue to look for ways to address and remedy this problem. Some Members of Congress may not think twice about imposing additional regulatory burdens on local governments, but I believe most will think twice about the issue if the true costs of the mandates are studied and made public before they cast their vote. I'm heartened the mandate issue is finally receiving the attention it deserves, and I am committed to working toward solving this problem during this session of Congress. Although several good anti -mandates bills have been introduced in Congress, I prefer S. 81, legislation introduced by Senator Don Nickles of Oklahoma. I am confident this or similar legislation will receive a hearing in Congress soon, and you may be certain that I will continue to promote the philosophy we share on this issue. I appreciate having the opportunity to work with you on behalf of the people of Texas. Thank you for taking the time to contact me. Yours respectfully, PHIL GItAMM United States Senator PG:sla STATE OF TEXAS t4`jtU1I1I,OFSANGC� OFFICE OF THE GOVERNOR fl�I � OCT g 1993 AUSTIN, TEXAS 78711 ANN W. RICI LARDS LLI GOVERNOR i lam) l 100 September 30. 1993 k XA Pre _ Nel Armstrong Mayor City of Sanger P.O. Box 578 Sanger, TX 76266-0578 Dear Mayor Armstrong. I am pleased to tell you that additional federal dollars are now available to support more services for the city of Sanger's Women, Infants and Children (WIC) Nutrition Program. In these times of tight budgets and the growing human need, I urge you to take advantage of these dollars by expanding this nutrition program. The sooner services are made available, the sooner your city and your most vulnerable mothers and children will benefit. The WIC Program in Denton County Health Department which includes Denton County, has currently provided nutrition education and nutritious foods to a total of 3,690 women, babies and young children each month. The additional caseload and administrative dollars now available will provide benefits of about $46 per month to an additional 860 residents. This totals to $209,300 each month, most of which will be spent at local grocery stores. Because the Texas WIC Program has an excellent record of helping to reduce the number of low birthweight and premature babies, there will likely be significant savings for your city health facilities as well. To receive the funds, the city must be able to serve the participants. In some cases, this may mean new rental space for clinics and new personnel to operate the clinics. Greater flexibility may be needed to operate clinics on Saturdays or evenings so services are more accessible to the working mothers. Please assist your WIC Director, to expand WIC services in your area. Posy Orru:r. I3o� 12�28 Aus'rlrv, Tra,�s 78711 (512) 4C3-2000 (V<ncr:)/(512) 4753165 Ct'DD) � .. VICKIE[) ON ALCYc H.1) VAITR ,We can also use the increase in WIC dollars to support a major health concern for our State - immunizations for pre-school children. Since many unimmunized infants and pre-school children already come to your public clinics to receive WIC benefits, the Texas Department of Health is working to provide immunization to these children when they come to your WIC clinics. We are confident this coordination of immunization and nutrition programs will be more cost-effective and will allow us to serve more children. If you have additional questions about the WIC program, please call Ms. Debra Stabeno, Director of the Texas Program, at (512) 458-7444. Again, I urge you to take advantage of this opportunity to make valuable services available to the most vulnerable and undernourished pregnant women and young children in your area. t 1 �. �. LL! _ l _.LL___ . 6 n � . i.c r.a5e a Z3iiie Li115 1eLLel WIL11 UILy councilmen and/or commissioners in your area and encourage their support as well. Sincerely, 6XW ANN W. RICHAI Governor AWR/nmo Neiman & Barnes CI �)rofessioital c�r�)E��'E�tio)a Attorneys At Law 3$6 W. Main / P.(�, Bax 777 Lewisville, Texas 750G7 Ronald J. Neiman Margaret �. Barnes October 8, 1993 r'Ir. �7ohn Hamilton, City Manager City of Sanger P. t�. fox 578 Sanger, Texas 762G6 RE: FrGntiex haste Managemont dear John: Ph.: 2 i 4/43G• f 558 Fax: 214/436.1349 I Have reviewed the cc�zztract and ].otter datt�d Ootobar 4 , J.993, regarding the salzd waste pickup, and the contractor ig permitted to terminate the contract with the 90 day notice as he ha$ done. Therefore, the City can and should look For another servioa provider, Please advise iP 1 may be of further as$istance. Sincerely, Ronald ,7. Neiman RJN:msj Office of the Mayor Proposed Proclamation - City of Sanger Whereas, each and every young person in this country needs at least a high school education for both financial and personal reasons; and, Whereas, the United States Army, through its recruiters, is stressing to all U.S. youngsters zo ••SLdy III 5UHUU1 dllu stay off drugs" because an education provides the best opportunities, whether in enlisting in the Army or working at a civilian job; and, Whereas, Army recruiters will serve as role models for youth and will provide programs encouraging youngsters to stay in school: NOW, THEREFORE, I, MERLE EASTERLING, Mayor of the City of Sanger, Texas, hereby proclaim 1993-94 School Year as "STAY IN SCHOOL YEAR" in the City of Sanger, Texas, IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Sanger, Texas, to be affixed this /v4z o // o. / S`S / o�Loo, 7'0 U LS'E 7Z IV 74;o eel IV (Flo w00Vp I!P�sC �l,:' 7ze) �Oe ,c9e,7L YOU 122 CITY OF SANGFR -- --- 0CT 1 3 1993 j TO: FRO. DAT SUB This is an November 6, « Y r 1 Honorable Mayor &, Members of the City Council Etta Stogsdill, Administrative Assistant October 18, 1993,) Wedding invitation to my daughter's forthcoming wedding on 1993 at 2*00 p.m. at the First Baptist Church. \I/[r. attd ��7rs. �jlenn V iogsdill and `t��lr. and `!/Crs. �oe V/Lorks inroite you Io share in Ilse jog o{ the marria((ge�'unilittg Their cli0 ldres2 FJnmmg �Ita and FJjiis cele�iralion oJ loroe will be rV aiurdthay, tie sixiji of `/?orernber /Gineieen undred and ni» eiyzihree a1 Iwo o'clock in Ilse afternoon (9 i-rsrl �a�ilisl l:hurcl� 708 V_ oulh (9;fi i V Iree1 Vpanger, El exas ` �J ammy and Lqody MONDAY, October 1H, 1993 7600 P. M. 93-49 T0: JOHN HAMILTON, CITY M GER FROM: BENNY ERWIN, CHIEF } DATE; 10/13/93 SUBJECT: KEYS TO BUILDING/RESERVES REASONS THE RESERVES NEED KEYS 1. All Reserves are aware of Departmental and City policies and the use of the building and City equipment. 2. When they are on duty they carry the same commission as a regular officer by this department. 3. They hold their regular monthly meeting within the patrol room. 4. They have equipment inside the department, flashlight, portable radio, raincoats. 5. All of their activity reports are located inside the filing cabinets and are maintained here, they also have a Reserve box which they receive memo's and directives from me. 6. Since they all work at different times and different assignments, no certain officer (regular) can plan to be at this location on every entry. 7. They are sometimes called out on major accidents, crime scenes, and backup far this department. They need to be able to retrieve cameras and vehicles and other equipment sent for by regular officers when these officers can not leave because of crime scene. 8. Reserves come into the Police department after non -business hours to review cases because they are subpoenaed by District Courts. 1 'Wj �L� 93-49 T0: JOHN HAMILTON, CITY M NAGER FROM: BENNY ERWIN, CHIEF ���_ DATE; 10/13/93 SUBJECT: KEYS TO BUILDING/RESERVES REASONS THE RESERVES NEED KEYS 1. All Reserves are aware of Departmental and City policies and the use of the building and City equipment. 2. When they are on duty they carry the same commission as a regular officer by this department. 3. They hold their regular monthly meeting within the patrol room. 4. They have equipment inside the department, flashlight, portable radio, raincoats. 5. All of their activity reports are located inside the filing cabinets and are maintained here, they also have a Reserve box which they receive memo's and directives from me. 6. Since they all work at different times and different assignments, no certain officer (regular) can plan to be at this location on every entry. 7. They are sometimes called out on major accidents, crime scenes, and backup for this department. They need to be able to retrieve cameras and vehicles and other equipment sent for by regular officers when these officers can not leave because of crime scene. 8. Reserves come into the Police department after non -business hours to review cases because they are subpoenaed by District Courts. 1