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10/04/1993-CC-Agenda Packet-RegularCITY COUNCIL AGENDA October 4, 1993 201 BOLIVAR STREET] CITY HALL 7m00 P.M. 1. Call to Order, Invocation and Pledge to the Flag 2. CONSENT AGENDA a}. Approve Minutes b}. Payment #4 & Final - 1st ABC Construction Specialists, Inc. $4, 215.00 AGENDA 3, Citizen's Input 4. Consider and Possible Action Regarding Resolution #R10-93, Unfunded Mandates Day 5. Consider and Possible Action Regarding Resolution #R11-93, Water Conservation Plan 6. Consider and Possible Action Regarding Authorizing Bids for New Dump Truck - Water Department 7. City Administration Report 8. Executive Session Pursuant to Article 6252-17, Vernon's Civil Statutes, 2(g}, Personnel - City Administrator 9. Consider and Possible Action Regarding Executive Session Pursuant to V.A.T.S. Article 625.M t, 2(g}, Personnel - City Administrator 10. Any Other Such Matters 11. Adjournment Rosalie Chavez, City Se 10-1-93 3:00 p.m. Date &Time Posted CITY COUNCIL AGENDA October 4, 1993 201 BOLIVAR STREET, CITY HALL 7:00 P.M. 1. Call to Order, Invocation and Pledge to the Flag 2. CON SENT AGENDA a). Approve Minutes b). Payment #4 & Final - 1st ABC Construction Specialists, Inc. $4, 215.00 AGENDA 3. Citizen's Input 4. Consider and Possible Action Regarding Resolution #R10-93, Unfunded Mandates Day 5. Consider and Possible Action Regarding Resolution #R 11-93, Water Conservation Plan 6. Consider and Possible Action Regarding Authorizing Bids for New Dump Truck - Water Department 7. City Administration Report $. Executive Session Pursuant to Article U252-17, Vernon's Civil Statutes, 2(g), Personnel -City Administrator 9. Consider and Possible Action Regarding Executive Session Pursuant to V.A.T.S. Article U252-17, 2{g), Personnel - City Administrator 10. Any Other Such Matters 11. Adjournment Rosalie Chavez, City Se 10-1-93 3:00 p.m. Date &Time Posted MINUTES: City Council Meeting 11 September 20, 1993 MEMBERS PRESENT: Mayor Nel Armstrong, Councilman Russell Madden, Councilman Jack Richardson, Councilman Tommy Kincaid, and Councilwoman Margie Braxton MEMBERS ABSENT: Councilman Jerry Jenkins PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Public Works Superintendent Chuck Tucker, Electric Superintendent Larry Yoast, Police Chief Benny Erwin, Bobby Faglie, Jim McDaniel, Edgar Barrow, Cindy Barrow, Cindy Waller, and Benny Johnson -Frontier Waste Management 1. Mayor Armstrong called the meeting to order. Councilman Kincaid gave the invocation which was followed by the pledge to the flag. 2. CONSENT AGENDA: a). Approve Minutes b). Disbursements Motion was made by Councilman Kincaid tc� approve Consent Agenda. Seconded by Councilman Madden. Motion carried. 3. Citizen's Input -None 4. Consider and Possible Action Regarding Resolution #R9-93, Authorng Submission of a TCDP Application CITY OF BANGER RESOLUTION #R9-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS;/THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. CC Min., 9120193, page 2 Motion was made by Councilman Richardson to adopt Resolution #R9-93 authorizing submission of Texas Community Development Program Application Grant. Seconded by Councilwoman Braxton. Motion carried. 5. Consider and Possible Action Regarding Ordinance #011-93, Establishing Ad Valorem Tax Rate For Fiscal Year 93/94 Motion was made by Councilman Kincaid to adopt Ordinance #011-93. Seconded by Councilman Madden. ORDINANCE NO. #011-93 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994 AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1993 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE: PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE. Motion carried. 6. Consider and Possible Action Regarding Ordinance #012-93, Setting Electric Rates Motion was made by Councilman Madden and seconded by Councilman Kincaid to adapt Ordinance #012-93. ORDINANCE NO. #012-93 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.800 AND APPENDIX ARTICLE 27.101, ARTICLE 27.102 AND ARTICLE 27.103 OF THE CITY OF SANGER CODE OF ORDINANCES: AND, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE, AND, PROVIDING FOR AN EFFECTIVE DATE. Motion carried with a correct to C (3) to change KVt1H to KW. 7. Consider and Possible Action Regarding Ordinance #013-93, Establishing dater Rates CC Min., 9120193, page 3 Councilman Madden made the motion to adopt Ordinance #v 13-93, Establishing Water Rates. Seconded by Councilman Richardson. ORDINANCE NO. #a 13-93 AN ORDINANCE AMENDING CHAPTER 10, SECTION 3A OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER UTILITY RATES, PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion carried. 8. Consider and Possible Action Regarding Ordinance #a14-93, Establishing Wastewater Charges ORDINANCE NO. #lJ 14-93 AN ORDINANCE AMENDING CHAPTER 1�, SECTION 4 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ENTITLED SEWER SERVICE RATES; ESTABLISHING RATES - FOR MULTI -FAMILY DWELLINGS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 9. Consider and Possible Action Regarding Ordinance #n 10-93, Adopting Ordinance for 1993-94 Operating Budget Discussion. Motion was made by Councilman Madden and seconded by Councilman Kincaid to adopt Ordinance #010-93 adopting ordinance for 1993j94 operating budget. ORDINANCE NO. #010-93 AN ORDINANCE OF THE CITY OF SANGER, DEN OP COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF SANGER, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. Motion carried. CC Min., 9120193, page 4 10. Consider and Possible Action Regarding FCC Certification Far Regulating Cable Television Mayor Armstrong explained the new regulation for implementing regulations on Galaxy Cable T.V. The firm of Lloyd, Gosselink, Flower, Blevins and Matthews will perform the necessary legal work for TML at a range flat fee of $450.00. Motion was made by Councilman Richardson to authorize staff to contact the firm of Lloyd, Gosselink, Flower, Blevins and Matthews through TML to perform necessary legal work for certification for regulating cable television for a flat fee of $450,00. Seconded by Councilman Madden. Motion carried. 11. Consider and Passible Action Regarding Request for Rate Increase - Frontier Waste Management Benny Johnson, Frontier Waste Management, was requesting a rate increase which represented .20 per pickup for residence, commercial -hand pickup .30 per pickup and commercial container .51 per yard per pick up. r. Johnson stated this increase represented a rise i Mn operating cost and fuel tax increase. Discussion. Motion was made by Councilman Richardson that due to the budget being already adopted that this increase be denied. Voting to Deny. Voting Not to Deny: Councilman Richardson Councilman Madden Councilman Kincaid Councilwoman Braxton Motion was a tie. Mayor Armstrong broke the tie by voting no, not to deny, and that this be tabled so Council can study it and be brought back at a later date. 12. Consider and Possible Action Regarding EMS Contract -Denton Fire Department Councilman Kincaid made the motion to adopt EMS Contract with Denton Fire Department. Seconded by Councilman Madden. Motion carried. CC Min., 9/20/93, page 5 13. Consider and Possible Action Regarding Denton Central Appraisal District - Board Appointments Motion was made by Councilman Richardson that Garland Thornton be the nominee for the City of Sanger for the Denton Central Appraisal District Board of Directors. Seconded by Councilman Kincaid. Motion carried. 14. City Administration Report City Administrator reported on the following: a). The work on Railroad Avenue is completed and several residents have expressed their appreciation. Mr. Yoast will be adding three street lights south of Railroad to address some of the complaints addressed at last City Council Meeting. b). The utility contractors on 1Oth Street concrete on Thursday morning. It wileson that street approximately for regular traffic flow. c). Regardi ng cony A egarding the and at present, send off to get Discussion. will be scheduled to pour 1 be closed to the for three days and longer 'ern expressed at last CCouncil Meeting grets, City Administrator has contacted TPWD we are trying to find a fresh deceased bird to n aalyzed. ity d). Electric Superintendent Larry Yoast reported on his completed report on "back-up" electric transformers. Larry Yaast stated that to "back-up" everyi:hing we have on our Uusinesses and schools and to at least have transformers for residences who have underjiround service, comes to a cost of 25,140.00. Discussion. Consensus of Council to bring on additional report at next City Council Meeting and possibly include it as an agenda item. 000005 CC Min., 9/ 20/93, page 6 f 15., 17., &. 19. Executive, Session Pursuant to Article 6252-17, Vernon's Civil Statutes, 2(g), Personnel - Departmental Heads -Performance Review , 1Z 2(f), Acquistion of Real Property on Belz Rd., and 1% 2(e), Legal, Litigation Mayor Armstrong convened City Council into executive session at 8o02 p.m. 16. Consider and Possible Action Regarding Executive Session Pursuant to VATS Article 6252-17, 2(g), Personnel -Departmental Heads - Performance Review Mayor Armstrong reconvened City Council from executive session at 10:15 P.M. No action taken on executive session, mostly listening and reviewing discussion item. 18. Consider and Possible Action Regarding Executive Session Pursuant to V.A.T.S. Article 6252-17, 2(f), Acquisition of Real Property - Belz Road Motion was made by Councilman Kincaid to accept offer of the right -of --way land located on Belz Road for utility extension. Seconded by Councilman Richardson. Motion carried. 20. Consider and Possible Action Regarding Executive Session Pursuant to V.A.T.S. Article 6252-17, 2(e) Legal - Litigation Motion was made by Councilman Madden that at the present time we make Denton aware that we want to leave our ETJ lines as they are and proceed to work with that. Seconded by Councilman Richardson. Motion carried. 21. Any Other Such Matters Mayor Armstrong stated that the City has one street yield sign that is obscured by limbs -need to get the limbs cut. Mayor Armstrong stated that she thinks it might be at Denton and Church. 22. Adjournment. 000006 CITY OF SANGER 201 BOLIVAR ST. BANGER, TEXAS 76266 MEMORANDUM TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: KELLIE WAINSCOTT, ACCOUNTS PAYABLE SUBJECT: DISBURSEMENTS DATE: OCTOBER 1, 1993 Please be advised that there will be no disbursements submitted for the 10-4-93 City Council meeting due to the new budget year beginning 10-1-93. Thank you for your time. [1 Sheet 1 of 2 CONTRACTORS APPLICATION FOR PAYMENT PAY ESTIMATE NO.: Four and Final PERIOD: June 1, 1993 DATE: September 20, 1993 TO• June 30, 1993 PROJECT: Switzer Park -- Restroom ENGINEER: HUNTER ASSOCIATES, INC. & Concession Stand Facilities Dallas, Texas N91038E OWNER: City of Sanger CONTRACTOR: 1st ABC Construction 201 Bolivar Street Specialists, Inc. Sanger, Texas 76266 1700 Precinct Line Rd #100 Fort Worth, TX 76180 BIDS RECEIVED: 02-15-93 CONTRACT DATE: 02-15-93 NOTICE TO PROCEED: 02-22-93 CONTRACT AMOUNT: CALENDAR DAYS: 90 START CONSTRUCTION DATE: 03-04-93 $84,300.00 ADJUSTMENTS: DAYS USED: COMPLETION DATE: 'REVISED AMOUNT: SUMMARY OF JOB STATUS Total Work Completed Material Stored on Site Contract Amount to Date Less 0 % Retained Subtotal Less Previous Payments Amount Due This Period SUBMITTED BY: $ 84,300.00 By: $ 84 300 00 $ 84 300.00 $ 80,085.00 $ 4,215.00 0 Time Used: For Contractor Date: Date• q/2O/93 APPROVED: Date: For Owner o Work Completed Sheet 2 OWNER: e City of Sanger CONTRACTOR�B ESTIMATE PROJECT NAME & NUMBER: Switzer Park - N91038E Restroom & Concession Stand Facilities CONTRACTOR: 1st ABC Construction Specialists, Inc. PAY ESTIMATE NO.: Four and Final FOR PERIOD ENDING: June 30 1993 Item Description Unit of Amount Work Unit Value of No. Measure Bid Compo Price Work Comp P.1 Restroom Building (Bldg. B) L.S. 1 1 $52,000.00 $52,000.00 P.2 Concession Building (Bldg. A) L.S. 1 1 24,800.00 24,800.00 P.3 Arbor Structure L.S. 1 1 5,500.00 5,500.00 P.4 Wading Pool Pump Building L.F. 1 1 2,000.00 2,000.00 TOTAL WORK COMPLETED: $84,300.00 commended for Approval: HUNTER ASSOCIATES, INC. CONSULTING ENGINEERS 8140 WALNUT HILL LANE ONE GLEN LAKES, SUITE 500 DALLAS, TEXAS 75231-4350 Byv�-v�,-�. Y►�l.c�v� Date �f / zoo Approved Date TOTAL AMOUNT OF WORK COMPLETED Material Stored on Site Contract Amount to Date Less 0 Retained Subtotal Less Previous Payments Balance Due this Period $ 84,300.00 $ 84,300.00 $ 84,300.00 $ 80,085.00 $ 4,215.00 CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT: Switzer Park --- Restroom and Concession Stand Facilities - N91038E PAY ESTIMATE NO: Four & Final --- Ending June 30, 1993 OWNER: City of Sanger CONTRACTOR: 1st ABC Construction Specialists, Inc. This contract has been completed in accordance with the plans and specifications and we hereby recommend final acceptance of the work by the City and final payment to the Contractor. Final acceptance of final payment shall not relieve the Contractor A the requirements of the guarantee. In accordance with the Contract, the guarantee period shall extend for a period of one (1) year from the date of acceptance of the work by the City. Inspection for this project was performed by the City. The Contractor has submitted "As -Built" plans to the Engineer in accordance with the Speccations. APPROVED: DATE: MEMORANDUM #2353 TO: FROM: DATE. SUBJECT: CITY OF BANGER 1'. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayor & Jahn Hamilton, City October 1, 1993 Unfunded Mandates Members of the City Council Administrator It Day - Resolution #R10`93 The National League of Cities has set October 27th as National Unfunded Mandate Day. The TML is encouraging its numbers to participate. The enclosed material explains the reasons behind this effort and was published in the September 24th issue of the TML Legislative Update. JH:es Enclosures r FIRST "UNFUNDED MANDATE DAY" SET FOR OCTOBER 27 The National League of Cities (NLC) and three other public interest groups have jointly announced a national public education campaign designed to curb unfunded federal mandates on local governments. Citing growing fiscal burdens and intrusions that distort local priorities, leaders of NLC, the U.S. Conference of Ma ors (USC 4), the National Association of Counties (NACo), and the International City/County Management Association (ICh'IA) called for an end to Alashington's practice of imposing, but not funding, costly programs or requirements that local governments are directed to carry out. S�eahing at a Washington news conference last month, the groups unveiled plans for National Unfunded Mandates Day -- Wednesday, October 27 -- which will be the official kick-off of their campaign to raise public awareness and understanding of mandates. On that day, city and county officials across the nation will hold news conferences and public forums to call attention to the impact of mandates on local operations and budgets. (Please see the final section of this article for information about the effort in Texas.) "Action by Congress to ahempt to control federal spending is a welcome step forvG ard. Washington must begin to tackle its budget problems, dust as cities have been doing for years," said I,layor Greg Lashutka of Columbus, Ohio, chairman of the NLC Policy Committee on Finance, Administration and Intergovernmental Relations (FAIR). In preparation for October's events, NTLC has sent information packets to state leagues and to NLC direct member cities. The materials are designed to help explain and illustrate the 2 �. _ extent to which unfunded mandates affect cities and to help organize and coordinate local efforts to inform citizens and national policy leaders about the causes and effects of unfunded mandates. Characterizing unfunded mandates as the "one size fits all syndrome," Northbrook, Illinois Village Manager John Novinson called the financial strain of congressional mandates "unfounded and misguided." "We are not here because of some anti -environment movement. It is a resources conservation and justice movement. We drink the water, we breathe the air," Novinson told the press conference. Novinson serves as a member of the ICMA Environmental Mandates Task Force, which was created to deal with the issue of environmental mandate finance and management. Efforts will be undertaken to urge Congress to enact legislation that relieves cities of mandates or reimburses them for the burdens of mandated programs. "Efforts to control federal spending may cause increased mandates and regulation to be imposed on local governments without any funding to implement them. The information we are gathering will be compiled in a way that will help local officials educate their citizens, the opinion leaders of their communities, and the congressional delegations'about the costs and impacts of unfunded mandates," Lashutka said. Earlier this year, the annual NLC survey of city fiscal conditions asked cities across the nation to list the three most difficult budget issues they face. Not surprisingly, unfunded mandates was one of the top three problems in both frequency and severity, said Lashutka. Philadelphia Mayor Edward Rendell, vice-president of the NLC FAIR Committee and the chair of USCM's Task Force on Unfunded Mandates, talked about the decision of his city to file suit because of a federal mandate and subsequent court ruling that requires the city to build curbs on road sides whenever road construction, including street repavements, takes place. Rendell said the unfunded mandate will reduce street repavements by 50 percent. In addition, Rendell talked about a possible mandate over which he vowed to be jailed for refusing to implement because it threatened to freeze Philadelphia's capital budget for three to four years. The mandate impposed through the Delaware Basin Commission would require the city to build a $250 to $450 million tertiary treatment plant, because the two existing plants did not meet federal oxygen level standards for the fish that inhabit the Delaware River. "Philadelphia's entire capital budget is $100 million. If we had to build the plant, over three to four years we would not be able to do any other capital improvements. If Washington wants the fish to have more oxygen then pay for it and I'll get in and swim with them," said Rendell. When asked by a reporter if the group of elected officials opposes the mandated programs themselves, USCM President Jerry Abramson, mayor of Louisville, Kentucky said, "We are not challenging the enlightenment (of Congress)." "We want to make it clear we have no quarrel with the intentions of these laws -- to provide clean water or handicapped accessibility or proper disposal of toxic waste," said Abramson. But when the good intentions of these laws are put into the hands of the bureaucrats who have no idea or concern about what their mandates are going to cost, you have a horror story." 3 W Two surveys, which will show the actual costs of mandates on local governments, will be released on National Unfunded Mandates Day. One survey, conducted by NACo, will assess the impact of 12 mandated programs on 400 counties, while the other, by USCM, will measure the burden of ten mandates on more than 1,000 cities. Price Waterhouse, a compi leading U.S. accounting firm, willle the results and produce the survey reports. "Mandates are really hidden taxes. They are imposed on local governments who have no choice but to pass costs onto their constituents," said NACo President Barbara S. Todd, commissioner, Pinella County, Florida. "(Congress) is using our property tax as their credit card." The surveys will ask officials to estimate annual staff hours and non -labor budget costs in fiscal year 1993 for mandates covering such areas as clean air and water, solid waste disposal, endangered species, employee compensation, and access for the disabled. The surveys also will ask for future capital costs. In addition to gathering specific information through the surveys, the organizations will be compiling and distributing information for local officials to use in broad -based public education campaigns in their communities. City and county officials will be carrying their message to members of Congress and top agency officials. Work on current and pending legislation is underway, and local officials are considering institutional reforms to the regulatory process so that they may have a stronger voice in the decision making process in Washington. "With few prospects for federal funding, local governments are increasingly challenged to finance the additional monitoring, control technology, infrastructure improvements, and retroactive environmental cleanups required by laws," said Novinson, Mandates have a dramatic effect on local property taxes and services, said F. Thomas Ament, county executive of Milwaukee County, Wisconsin. "While I have kept Milwaukee County's spending below the rate of inflation and have held the line on property taxes, we have a cancer in our midst: it's called mandated programs," said Ament. He added that "mandated programs eat up nearly two-thirds of our annual budget." TML Will Participate The League will participate in National Unfunded Mandates Day in the following ways: 1. Any TML member city that has felt the effects of unfunded federal mandates is asked to adopt the sample resolution which is included as a separate, colored page in this edition of the TML Legislative Update. Copies of adopted resolutions should be sent to your U.S. Senators and your U.S. Representative, and press releases or press conferences should be scheduled for October 26 or 27. 2. TML will issue a press release regarding National Unfunded Mandates Day. 3. The League will continue to work with the Texas Congressional delegation and the National League of Cities to address the issue of unfunded federal mandates. (Note: most of this article is reprinted from the NLC publication, Nation's Cities Weekly.) 4 FEDERAL REGULATION RECORD MIXED FOR 196US How did the regulatory reform initiatives of the 1980s work? Overall, the U.S. Advisory Commission on Intergovernmental Relations (ACIR) finds that initial optimistic evaluations were premature. By 1990, according to the new report, Federal Regulation of State and Local Governments: The Mixed Record of the 1980s, the mechanisms had failed to reduce existing requirements or restrict new intergovernmental regulations significantly. The efforts to address the problems posed by reqlulationI undertaken in all three branches of the federal government, included: (1) the ruling in National League of Cities v. UserX, in which the U.S. Supreme Court signaled a willingness to restore the Tenth Amendment as a check of federal actions; (2) the Paperwork Reduction Act, the Regulatory Flexibility Act, and the State and Local Cost Estimate Act; (3) President Ronald Reagan's Task Force on Regulatory Relief; and (4) three Executive Orders designed to institutionalize presidential control over the regulatory process, to restrain the issuance of mandates, and to require that agencies consider the federalism implications of their regulatory actions. The basic findings of Federal Regulation of State and Local Governments: The Mixed Record of the 1980s include: Administrative rules arzd regulatio��r with an impact on state mui local governments co�itinued to increase during the 1980s. An effort was made to secure regulatory relief through administrative reforms rather than substantive legislative change, and there were some successes. Nevertheless, analyzing data for 18 mandated programs, ACIR found that overall regulation continued to rise. Some of the most marked increases came in the Clean Air Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act. There seemed to be clear reductions in regulation in only five programs. Weaknesses in the design and implementation of Executive order 12612 on Federalism have prevented the federalism assessment process from achieving its potential The order, enacted in 1987, outlines principles and procedures designed to guide executive branch decisionmaking on issues that have federalism implications. The process has not been fully or consistently implemented, and it has failed to produce the intended changes. Between 1981 and 1990, the Congress enacted 27 statutes that imposed new regulations on states and localities or significantly expanded existing progrm0 Some regulations were costly (e.g., the Safe Drinking Water Act Amendments of 1986 and the Asbestos Hazard Emergency Response Act of 1986). Other recent mandates have been noted more for their intrusiveness than for their expense (e.g., requiring states to allow longer and heavier trucks on their highways and to raise the minimum drinking age). Although several regulatory relief measures were enacted in the 1980s, they were more than counterbalanced by the new requirements. The Congress also attached new conditions to grant programs, particularly Medicaid, Aid to Families with Dependent Children,and local costs for federal water projects. The federal government has little systematic data concerning the cumulative financial costs of the regulations it imposes on state and local governments. Since 1983, the best available information has been the Congressional Budget Office estimates of the intergovernmental fiscal effects of proposed federal legislation. Basically, new regulations since 1983 have imposed estimated cumulative costs of between $8.9 and $12.7 billion on states and localities, depending on the definition of mandates. 5 B�' virtue of the Supreme Court's opinion in Garcia v. San Antonio Metropolitan Transit Authori 'reversing National League o,f Cities v. Usf.% stales are powerless to challenge federal action in the courts on Tenth Amendment grounds. Cases following Garcia raised further questions about the relationship between the federal government and the state and local governments. Federal courts also became involved in telling states and local governments what they must do, not just what they must not do, especially in overseeing prisons and mental hospitals. The Commission recommends that: 1. the federal government institute a moratorium on the imposition of mandates for at least two years and conduct a review of mandating to restore balance, partnership, and state and local self-government in the federal system; , 2, the Supreme Court reexamine the constitutionality of mandating as a principle, and 3. those responsible for administering and utilizing the congressional fiscal notes process, the Paperv�ork Reduction Act, the Regulatory Flexibility Act, and the Federalism Executive Order redouble their efforts to take fullest advantage of these mechanisms, and that state and local governments identify and press for consideration of significant state -local effects in pending legislation and regulations. A RESOLUTION TEXAS: RESOLUTION #R10-93 CITY OF SANGER, TEXAS OF THE CITY OF SANGER, DENTON COUNTY, WHEREAS, federal unfunded mandates on city governments have increased significantly in recent years; and WHEREAS, federal mandates require cities to perform duties without consideration of local circumstances or capacity; and WHEREAS, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; and WHEREAS, excessive federal burdens on cities force on citizens and taxpayers either higher local taxes and fees, reduced local services, or both; and WHEREAS, federal requirements procedures o effective; and r mandates are too often inflexible, "one -size -fits -all" that impose unrealistic time frames and specify facilities when less costly alternatives might be just as WHEREAS, existing mandates impose harsh pressures on local budgets, and the federal government has imposed a freeze upon funding to help compensate for any new mandates; and WHEREAS, the cumulative impact of these legislative and regulatory actions directly affects the citizens of our cities; and WHEREAS, the National League of Cities (NLC), in conjunction with other state and local government representatives and state municipal leagues, including the Texas Municipal League (TML), has begun a national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 19935 Resolution #R10-93, page 2 Federal Mandates NOW, THEREFORE, BE IT RESOLVED that the City of Sanger endorses the efforts of the National League of Cities and the Texas Municipal League and supports working with NLC and TML to fully inform our citizens about the impact of federal mandates on our city finances and the pocketbooks of our citizens; and BE IT FURTHER RESOLVED that the City of Sanger endorses the events that will begin this process on October 27th; and BE IT FURTHER RESOLVED that the City of Sanger resolves to redouble efforts to inform and work with members of our Congressional delegation to inform them about the impact of federal mandates and actions necessary to reduce their burdens on our citizens. Mayor Nel Armstrong City of Sanger, Texas ATTEST: Rosalie Chavez City Secretary MEMORANDUM #2351 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 1, 1993 Final Proposal - Water Conservation lan The Texas Water Development Board has reviewed the City's Water Conservation Plan and needs a Resolution of the Council for final adoption of the plan. be adopted and forwarded to the Water Development Board prior to October 15th. In addition to the Water Conservation Plan, an Emergency Water Management Plan needs to be adopted to satisfy the Water Development Board's requirements to release funding for the Upper Trinity's pipeline construction project for the southern part of the County. Staff recommends approval conservation and emergency circumstances require. JH:es and acceptance, noting that both the plan can Lae amended at a later date as RESOLUTION #R11-93 CITY OF SANGER, TEXAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS: WHEREAS, a reliable, safe water supply is essential to any community, and WHEREAS, water conservation is every citizen's obligation, and WHEREAS, both natural and man-made events can disrupt the delivery of water within a community, NOW THEREFORE BE IT RESOLVED by the City Council of the 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. Resolved this 4th day ATTEST: Rosalie Chavez City Secretary of October, 1993. Mayor Nel Armstrong City of Sanger, Texas 0000?'.Q CITY QF BANGER P. Q. BOX 578 SANGER, TEXAS 76266 MEMQRANDUM #2350 TQ: Honorable Mayer & Members of the City Council FRAM: Jahn Hamilton, DATE: Qctober 1, 199� City Administrator CT SUBJECT: Authorize Bids For New Dump Truck - �7ater Dept. Lease/Purchase + i *% $615 per i Staff is requesting authority to advertise far bids on a lease/purchase for a new dump truck for the water department, account code #447.06. A total price of $25,000 is anticipated. JH:es 000021 LEGAL NOTICE The City of Sanger will accept sealed bids for the lease/purchase of one (1) Five (5) yard capacity, dump truck until 2 p.m., Monday, November 1, 1993. All bids must be returned in envelopes marked "Dump Truck" to City Hall, P. O. Box 578, 201 Bolivar Street, Sanger, Texas 76266 prior to the scheduled opening time. RUN IN SANGER COURIER: 10/7/93 10/ 14/93 Rosalie Chavez City Secretary THE CITY OF SANGER SEEKS [SIDS FOR A DUMP TRUCK WITH A WHITE CAB TO BE USED I3Y THE CITY OF SANGER FOR THE HAULING OF ROCK,SAND AND FILL DIRT.PLEASE BE ADVISED THAT WE, THE CITY OF SANGL'R,REALIZE THAT ALL MANUFACTURERS OFFER DIFFERENT EQUIPMENT AND OPTIONS.THESE SPECIFICATIONS ARE MP;ANT TO BE GENEI:AL IN NATURI? SO AS TO GIVE ALL VENDORS EQUAL OPPORTUNITY TO BID. ON TIIE FINAL PAGE PLEASE FIND THE INFORMATION REGUARDING BID PRICES AND LEASE PURCHASE AGREEMENTS, THE EQUIPMENT LIST FOR THE TRUCK WILL APPEAR ON THE LEFT SIDE OF TIIE PAGE, THE NEXT COLUMN WILL HAVE A SPACE TO BE USED IF YOUR EQUIPMENT COMPLIES.IF YOUR EQUIPMENT DOES NOT OR CANNOT COMPLY) USE THE THIRD COLUMN FOR AN EQUAL ALTERNATIVE. PLEASE USE ANOTHER SHEET AS NEC ESSAR).'. THESE SPF,CIFICATIUNS W:CLLi B FOPS TIIE CAB AND CHASSIS, ALL EQUIPMENT WILL BE OF CAB SPECS TI-i E TITE li IN 2 SECT:IONS. 7'f[E FIRST SECTION WILL SECOND FOR THE DUMP BE D AND ASSEMBLIES. TJATEST DESIGN AND BRAND NEW. COMPLi' I.cIIA"sIs EQUIP�II�,Nz'. _ A.156" WHEEL BASE B.83" CAB TO AXLE C.50,000 PSI YIELD STRENGTH STEEL FRAME. D.REINFORCEMENT FOR 50/80,000 PSI FRAMES, E."TANDARD BUMPER PAINTED WHITE OR ARGENT SILVER F.TINTED GLASS ALI, WINDOWS. G.AM RADIO OR STANDARD EQUIP. H.FULL WIDTH BENCH SEAT VINYL I.VINYL FULL FLOOR MAT, J.ALL GAUGE INSTRUMENTS K.STANDARD HEATER L.WEST COAST STYLE OUT SIDE _ MIRRORS M.FUEL TANK 50 GAL STEP TYPE N.CAB PAINTED WHITE ENGINE AND DRIVE TRAIN A.DIE SEL ENGINE AT LEAST 175 HP 6 OR 8 CYLINDER B . I-TEAVY DUTY ENGINE COOLING _ C.POWER STEERING D.FUL.L AIR BRAKES WITH SPRING .LOAD_ PARKING AND EMERGENCY LOW AIR SET_ E s LOW AIR WARNING. F.I-IEAVY DUTY FUEL FILTERING SYSTEM WITH WATER SEPARATOR. G.HEAVY .DUTY 5 SPEED TRANOMISSON WITH 2 SPEED REAR AXLE. H.AT LEAST 8.1.00 LB CAP FRONT AXLE WITH TAPERED LEAF SPRINGS. HEAVY DUTY I.AT LEAST 19,000 LB CAP REAR AXLE__ _ WITH TAPERED LEAF SPRINGS. J.HEAVY DUTY REAR AXLE PATIO, _ STANDARD. K.ALTERNATOR AT LEAST 105 AMP. L.STANDARD AIR CLEANER ALT• BE r,ONTINUED I��HEELS AND TIRES A.AT LEAST 10.00/20 OR STANDARD EQUIP TUBELESS HIGHWAY TREAD FRONT AND REAR, B.DISC TYPE 10 HOLE STEEL WHEELS. BED SPECIFICATIONS. COMPLY A. STEEL, GRAVEL TYPE � YARD CAPICITY. B LOCKING TAILGATE WITH MANUALLY OPERATED LATCH. LEVER LOCATED AT LEFT FRONT OF 13ED. D.LICALLY OPERATED DUMP MECHANISM.POWER TAKE OFF OPERATED. E.CONTROLS FOR DUMPING LOCATED INSIDE CAB C.MUD FLAPS MOUNTED BEHIND PEAR TIRES. IIYDRAU COI`1PLY F ALL TAIL AND CLEARANCE LIGHTS MOUNTED. ALT ALT SUMMARi' WHEN DELIVERED TIIE ADi' FOR OPERATION WITH ALL SPECIFICATIONS IN ORDER.TRUCK WILL ALSO WILL BE IN TOTAL COMPLIANCE WITH ALL DEPARTMENT OF TRANSPORTATION LAWS AND STANDARDS, TIIE CITY OF SANGER RESERVES THE RIGHT TO REJECT ANi' AND ALL BIDS OR OTHERWISE AWARD TIIE B1D IN TIIE BE�7T INTEREST �F THE CITY OF SANGER. TI-IANP YOU FOR YOUR INTEREST, CRAIG WAGC,ONER CITY OF SANGER VEHICLE MAINT. TOTAL BID PRICE FOB SANGER LEASE TERM IN MONTHS MONTHLY PAYMENT INTEREST RATE NU(vIBER OF DAYS UNTIL DELIVERY AUTI-IORIZED AGENT SIGNATURE PRINTED NAME COMPANY NAME COMPANY AUV UU0 TCL>PHON1; NUMBCR CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 MEMORANDUM #2352 TO: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Administrator DATE: October 1, 1993 SUBJECT: Administration Report 1}. By telephone, the Parks and Wildlife Department was contacted regarding the status of the Marina. Staff was advised that the Department's attorneys and Mr. Harbour's attorneys are currently negotiating the final details of the contract for the Marina. No exact date that this process would be completed is unknown. 2). Any member that plans to attend the TML Annual Conference in San Antonio, November 3 r 6, should let staff know as soon as possible I n order that travel arrangements and reservations can be processed. 3). The FCC farm that enables the City to be a certified Cable T.V. regulator was filed on September 27th. The ordinance enacting the City's authority is forthcoming from the City's consulting attorneys. 4). The 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. These 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. Currently, there is no one on staff that meets these requirements, staff will investigate all options and report back to Council an suggestions ar solutions. chip seal work an Keeton Road from FM 455 south. to Duck Creek has been completed. 6). The work on loth Street is progressing with the final concrete pour from Marshall Street south to Austin, currently scheduled far week (October 6th or 7th). Some residents on the north end have expressed their approval of the street. 7}. The walking track at Community Center Park is complete. Eight (8) times around is one (1} mile. 8}. Six street lights, Railroad Avenue and patches an Willow and Janes have been completed as requested by area residents. 9). The Texas Fire Commission will be in town Monday, 10/4, to conduct their Key Rate inspection. WRIUM JH:es MEMORANDUM tr TO: FROM: DATE: SUBJECT. CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayor Members of the City Council Jahn Hamilton, City Administrate October 1, 1993 v Executive Session - Personnel - Administrator This is to consider annual review of the City Administrator. JH:es �� r �- .�-. . ..�-.. t'EXAS PUBLIC POWER ASSOCIATION September 20, 1993 Mr. John Hamilton City Manager City of Sanger P.O. Box 578 Sanger, Texas 76266 Dear John: b i-iE: t �l`i'Y' tJF SAi�G��? r... ,� S F P 2 9 1993 • J r ,S, L �,:. r� r� � � ��, t::; Public Power systems in Texas have faced, and are facing, a number of important challenges. That is why it is important to have a core group of experts that can help formulate policy and direction regarding issues affecting TPPA members.. As President, I would like to ask you to continue to serve on the Texas Public Power Association Government Relations Committee. I know that your time is limited and I personally appreciate your willingness to contribute to the efforts of the Association and its members. If for some reason you cannot serve, please let Mike Williams in our TPPA Austin office know. L• President 810 Norwood Tower 114 West 7th street Austin, Texas 7ti701 I'honc • (5l2) 472-5965 Tux • (512) 472.59ti7 John Hall, Chairman Pam Reed, Commissioner Peggy Garner, Commissioner Anthony Grigsby, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution September 13, 1993 The Honorable Nel Armstrong Mayor of Sanger P. 0. Box 578 Sanger, Texas 76266 RE; Municipal Solid Waste -Denton County City of Sanger - Permit No. MSW-1424 1.1 miles NE of I-35 and FM-455 int. Dear Mayor Armstrong: iVIE G, OF BANGER S E P 2 4 1993 Cm September 9, 1993, Boyd M. Cole, of the Texas Natural Resource Conservation Commission's (TNRCC) Region 4 office, inspected the subject municipal solid waste disposal site. During this inspection, our field investigator was accompanied by a member of your staff. At the time of the inspection, the site was in violation of the Cozrntussion's "Municipal Solid Waste Regulations" (MSWR). The violation and corrective action Ls as follows: 31 TAC 330.153(a): "Post -Closure Maintenance. For at least the first- five years after closure, the site operator shall maintain the right -of -entry and periodically inspect his closed site and correct as necessary any problems associated with erosion of cover material, vegetative growth, leachate or methane migration and subsidence or ponding of water on the site. If any of these problems persist for longer than the first five years, the site operator shall be responsible for their correction until the Commission determines the problems have been adequately resolved." There were some deep machine made ruts on the north side of the site. Please repair and mow the site. The site will be reinspected within sixty days. Post -closure maintenance inspections will be conducted periodically by representatives of the TNRCC at least through 1996, Your cooperation in maintaining this site is appreciated. REPl,YTO: REGION 4 1019 N. DUNCANVILLE RD. DUNCANVILLE, Taus 7511G2201 •AREA CODE 214/298-&171 P.O. Rox i3087 Austin, Texas 78711.30£37 512/908.1000 yiuurJ m, ,r, ytl.d p.p.r a+iIqj Any Lat,e,l n6: The Honorable Nel Armstrong, Mayor City of Sanger - Permit No. MSW-1424 September 13, 1993 Page 2 Should you have any questions, you may contact Boyd M. Cole, P.E, of my staff at 214/298-6171. Sincerely, BMC:cj cc: MSW Compliance & Enforcement, Austin Region 4 ®ono John Hall, Chairman Pam Reed, Commissioner 1 Peggy Garner, Commissioner Anthony Grigsby, Executive Director Protecting Texas by Reducing and Preventing Pollution September 13, 1993 Dear Colleague: SP 1993, I.r: On September 1, 1993, the Texas Water Commission (TWC) and the Texas Air Control Board (TACB) merged to form the Texas Natural Resource Conservation Commission (TNRCC). This represents the culminating step in a series of legislative initiatives aimed at maximizing resources and sharpening the state's environmental programs. We accept this mandate with enthusiasm and determination and consider it an opportunity to shape this comprehensive environmental agency into one of the finest in the country. As we begin this venture, the TNRCC will be focused on a number of key objectives designed to: • Continue efforts to eliminate red tape and decrease the time it takes to issue permits and resolve issues; • Provide a broad array of technical assistance programs to help businesses and local governments comply with the law, • Review TNRCC program requirements to determine whether the financial impact of compliance with new regulations can be reduced. Also, a determination must be made about what flexibility can be extended to cities and businesses that otherwise are reducing pollution; • Involve every Texas community and business in our Clean Texas 2000 voluntary pollution reduction program; and • Establish internal performance standards across all TNRCC programs that we will meet in performing our jobs to ensure accountability to the Legislature and the citizens of Texas. These objectives reflect a fundamental philosophy: Effective environmental protection can best be achieved through partnership -building, by providing access and input opportunities, by implementing programs with creativity and common sense, and by being accountable. We also recognize that success largely depends on doing the small things well. Major priorities of the new agency will be handling telephone calls and correspondence efficiently, answering questions promptly, and developing adequate data systems so that information can be provided easily. To ensure success in these areas, resources have been specifically targeted. • Businesses now have a direct point of contact. A Small Business Advocate and Technical Assistance program (512/908-1066) will ensure a coordinated and prompt response to business needs and issues. • A Policy and Research Section (512/46311116480) will provide the same level of assistance to local governments. P.O. Box 13087 ° Austin, Texas 78711.3087 512/908.1000 printed on recycled paper using soy�ased inl¢ Page 2 September 13, 1993 • A Regulatory Affairs Section (512/475-1381) has been established to facilitate the permitting of job - creating industries and to serve as a point of contact regarding any permitting issue or problem. • Modern data management systems are being built that will give the TNRCC state-of-thc-art data reporting and tracking capabilities. This agency has already accomplished a great deal. Positive working partnerships have been forged with the business community, local governments and environmental groups. The agency is open, in an unprecedented fashion, to input and consultation. We are moving aggressively to eliminate permitting backlogs and have achieved a 30-50 percent reduction in the time it takes to process water and waste disposal permits. The Commission recently approved rules that allow the Executive Director to consider all uncontested matters. This will speed up the process time for these items because they will no longer need to be placed on the agenda for Commission consideration. The rule -making process that will be used by the TNRCC will allow citizen, government and industry input from inception of a rule through compliance. The bottom line is the TNRCC intends to be a problem solver rather than just a regulator. We are determined to be efficient, visionary and highly accountable. Our policies and decisions will be guided by common sense and fairness. We believe that high environmental standards can coexist with a positive economic climate for business and industry. There are those who are wondering if the TNRCC can be successful. Some are betting that we will not be. I am confident we will be successful. My fellow commissioners Pam Reed, Peggy Garner, and I are determined to see that we are. The TNRCC has a highly skilled technical staff. They are extremely focused and highly motivated. They want this agency to excel. With humility and a commitment to public service, we are ready to begin, and we look forward to working with you. Respectfully, a airman GtyofArhngtonTexas September 28, 1993 John Hamilton City Manager City of Sanger P.O. Box 578 Sanger, Texas 76266-0578 n�(G�- T f�9� C(`I'lf GF SAIVt�?�i�; S EP. 2 9 1993 �.. ��. ��It:� f; Sl�t`tr�=r;, TCx,��J The Texas Natural Resource Conservation Commission (TNRCC), for;nerly the 'Texas Water Commission, is holding a meeting October 7, 1993 at 10:00 a.m. at tl�e Irving City Council Chambers, 825 West Irving Boulevard, Irving, Texas, to receive comments on its wholesale water and wastewater rate jurisdiction. The Commission has developed some draft rules (attached) relating to this jurisdiction. This is an issue that is vitally important to all customers of regional systems. You can be sure regional service providers will be at this meeting pushing their ideas on this subject. You should make plans to send as many representatives as possible to educate the Commission on your views. The Commission is attempting to adopt rules in response to some rate disputes currently being heard. While the rules may be an attempt to simplify and shorten the process, they include some points that need to be discussed. For example, if the proposed rules are adopted as is, the TNRCC (Texas Water Commission) will set aside a contractual rate only if it determines the contrack not in the public interest. They will consider a contract or contractual rate not in the public interest if the customer can prove the parties to the contract had disparate bargaining power or the contract was not an arms -length transaction. This issue is affected very much by a separate TNRCC (Texas Water Commission) position. Interestingly enough, while the TNRCC feels it has the authority to force entities to connect to regional wastewater systems, it doesn't believe it carp force regional operators to provide service. Quite a paradox! The jeopardy this position puts regional customers in can best be illustrated by a situation that currently exists. Arlington receives wholesale wastewater treatment service from Fort Worth. Arlington has been being grossly overcharged by Fort Worth for this service and so appealed the rates being charged. The TNRCC (Texas Water Commission) decided in the first Arlington/Fort Worth rate case that Fort Worth charged Arlington more than twice what it should. Fort Worth responded by informing Arlington that it would no longer provide service to Arlington after the current contract expires. In other words, pay whatever we say or we won't serve you. 101 West Abram Street •Box 231 • Arlinflton, Texas 7600A-0231 • (817) 275-3271 • (Metro 817) 2G5-3311 Meanwhile, the TNRCC (Texas Water Commission) refused to condition the renewal of Fort Worth's discharge permit on serving Arlington. So, according to the TNRCC's current actions, you can be forced, at considerable expense, to abandon your system and tie to a regional system. The cities of Burleson and Crowley were forced by the TNRCC to do just this. However, if you resist being grossly overcharged, the regional wastewater treatment monopoly can deny you service. The TNRCC staff, when directly asked if they believed they could force cities to connect to a regional system but could not force a regional system to continue service to its customers, answered "Yes". Amazingl If Fort Worth decides it will no longer serve Burleson, after Burleson was forced to connect to the Fort Worth system, Burleson will then be forced to bear the expense of disconnecting and reestablishing its own system. How does this apply to the rule as drafted? How can anyone dealing with a regional service provider enter into an arms -length transaction if the regional provider can discontinue service unless it gets the agreement it wants? This is the definition of an absolute monopoly. The wastewater treatment monopoly completely dictates the terms of any agreement it signs. Customer cities need to be well represented at the October 7 meeting. We need to let the TNRCC (Texas Water Commission) know how important it is to customer cities for the TNRCC to set a just and reasonable rate when a customer city appeals a rate increase imposed by the monopoly. Otherwise, the monopoly has no incentive to charge a fair rate. If operators of regional treatment plants know that the Water Commission (TNRCC) will set a just and reasonable rate using an established methodology, like the one currently followed by the TNRCC (Texas Water Commission), then reasonable plant operators will set a fair rate which approximates the TNRCC rate and there will be no need for rate cases at the TNRCC for those systems. This is a very important meeting. Many regional wastewater system operators want to be unregulated monopolies. Obviously, we as customer cities can't allow that to happen. We must make sure that any rules adopted will result in the Commission following their legal mandate and establishing just an& reasonable rates for regional wholesale wastewater system customers when required. I will be glad to discuss this more with you either by telephone or visit. A meeting of your regional system's customers would be beneficial to discuss all the issues at hand. My telephone number is (817) 459-6603. of Utilities Pam Reed. Commissioner Peggy Gamer, Commissioner Anthony Grigsby, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSIQM Protecting Texas by Reducing and Preventing Pollution September 15, 1993 Dear Sir: The Texas Natural Resource Conservation Commission has appellate jurisdiction, under Chapter 13 of the Water Code, over water and wastewater rates charged by one utility to another. These rates, cobmonly referred to as wholesale rates, are usually based on a contract between the service provider and the customer utility, The process used by the Commission in reviewing contractual rates has been affected by two recent developments: 1) HB-2199, passed by the 73rd Legislature, requires the Commission, in any appellate rate proceeding between municipalities, to consider the terms of any wholesale water or sewer service agreements between the parties, and 2) the Court of Appeals, Third District of Texas, recently ruled in Texas Water Commission and City of Arlington v. City of Ft. Worth, No. 03-92-00502-CV, that enabling legislation does not allow the agency to institute a rate proceeding without determining whether the contractual rates are in the public interest. 'The Commission will conduct a public meeting on October 7, 1993 at lO:Odam at the Irving City Council Chambers, 825 West Irving Boulevard, Irving, Texas, to receive comments on its wholesale water and wastewater rate jurisdiction, particularly as it relates to the public interest test for contracts. Attached are draft rules developed by Commission staff which will be used as the focal point for comments. We invite you to submit written or oral comments on this preliminary proposal, or other options for applying the Commission's jurisdiction. Your input will enable the Commission to develop a regulatory scheme that is fair to all affected parties. After the public meeting, the Commission will direct the staff to proceed with formal rule -making where you will have another opportunity to provide input. If you have any questions, please call Steve Blackhurst at 512-908-6960. , S%i�ncerely Dean Robbins, P.E. Director, Water Utilities Division Attachment a. P.O., Box 13087 Austin. Texas 78711.3087 Dnnlfd �M I�CKI•d DaDR uun� Wv.y� �nY • 512/908.1000 � ®� � f r Subchapter C Rate Appeals 5291.4l-291.58 §291.XX Wholesale Rate Appeal Under Subsection 13.043 (f), a retail public utility that receives potable water or sewer service from another retail public utility or political subdivision of the state, may appeal to the commission a decision.of the provider of water or sewer service affecting the amount paid for service. If service is provided under a written contract, the petition must contain a copy of the contract and a clear statement that the petitioner is requesting that the commission. (1) set aside the contract and establish a cost based rate; or (2) establish the proper cost of service and rates applying the methodology specified in the contract; §291.XX Preliminary Investigation The executive director shall set the matter on the contested agenda with a recommendation that the petition be dismissed if, after a preliminary investigation, the executive director determines. (1) it has been less than three years since the Commission established rates; (2) the new rates have been set according to the methodology determined by the commission in the last proceeding adjusted only for known and measurable changes or reasonably anticipated changes that are directly related to the service provided to the petitioner; (3) the petitioner has been provided with documentation describing the changes in costs by category from those determined by the commission in the prior proceeding, and (4) the projected increase in revenues for the year following the proposed rate change will not exceed the revenue requirement as determined by the commission in the last r, J proceeding multiplied by the sum of the change in the Consumer Price Index for Urban Consumers determined by the Bureau of Labor Statistics for each year of the period. s291.xx Evidentiary Hearing Procedures When Petitioner Requests That Contract Rates Be Set Aside: (11)' Public Interest Criteria: The Commission will set aside a contractual rate only if it determines the contract or contractual rate is not in the public interest. A contract or contractual rate is not in the public interest if: (a) the parties to the contract had disparate bargaining power or the contract was not an arms -length transaction; (b) the contractual rate is unreasonably preferential or discriminatory; or (c) the contractual rate demanded is unreasonably prejudicial on the petitioner. The contractual rate demanded may be considered to be unreasonably prejudicial if it yields revenues that exceed revenue requirements as determined by the Commission by more than 15 percent. (2) Determination of Revenue Requirement (a) In determining the annual revenue requirement for a nonprofit water or wastewater service provider, the commission will use a "cash basis" approach. The commission will ensure that the resulting rates are sufficient to meet the debt service and coverage requirements of the service provider which are allocable to the petitioner. (b) In determining the annual revenue requirements for a profit oriented water or wastewater service provider, the commission will use the utility basis as outlined in Chapter 13 of the Water Code. r�1 (c) The Commission will consider contractual provisions in determining whether to use a "system wide" or "used and useful" approach unless it determines that`the parties to the contract had disparate bargaining power, the contract was. not an armslength transaction,, or. the.contractual.rate is. unreasonably preferential or discriminatory. (3) Burden of Proof; The burden of proof is on the petitioner to establish that the parties to the contract had disparate bargaining power, that the contract was not an armslength transaction, or that the contractual rate is unreasonably preferential or discriminatory. The burden of proof is on the service provider to substantiate revenue requirements using the methodology prescribed by the Commission. (4) Rates Set By the Commission; If the Commission determines the contract or contractual rate is not in the public interest, it will set rates based upon the revenue requirements as determined by the Commission. 5291.XX Hearing Procedures When, Petitioner Requests that the Commission Establish the Proper Cost of Service and Rates Applying the Methodology Specified in the Contract; If the petitioner requests that the Commission determine a proper rate based on contract methodology, the Commission will establish the service provider's annual revenue requirements and rates based on the costs associated with the components of the contract. The burden of proof is on the service provider to substantiate revenue requirements. Reasonable disputes regarding the legal meaning of contractual provisions will not be determined by the Commission. The "Bond Buyer's" 20-Bond Index is an important guide to the Municipal Bond Industry. It is used to determine trends and movements of interest rates in the market during a specific time period as compared to another. Each week a poll is taken of several large investment banking houses on the 20 year yield of the outstanding general obligation bonds of a select group of municipalities across the nation with an approximate average single A bond rating. Week 1987 1988 1989 1990 1991 1992 1993 January 1 6.70 7.83 7944 7.03 7,09 6,52 6.17 2 6.65 7,83 7A0 7.03 7A5 6A0 6.19 3 6,54 7,61 7.29 7,14 7,10 6,56 6,16 4 6.56 7.51 7,27 7,19 7,06 6,59 6,10 5 7.00 6,65 Febn►ary 1 6.57 7.49 7,29 7,24 6.86 6.71 6,04 2 6.67 7940 738 7.20 6681 6,74 5,97 3 6,62 7,55 7954 7.16 6997 6,75 5,85 4 6,59 7,52 7,55 7.27 7.01 6.74 5.60 March 1 6.54 7.47 7,56 7.25 7606 631 5,47 2 6,61 7,67 7.52 7.25 7,06 6.76 5.58 3 6,68 735 7.52 732 7.13 6.79 531 4 6,79 7.89 732 7,31 7.14 6,77 538 5 6,93 7,90 7964 7.33 April 1 717 7.80 736 7.33 7.06 6.73 5.A6 2 7,90 7.81 7.54 7,31 7.02 6,66 5,84 3 7.82 7,87 7.44 7.39 6.98 6.60 530 4 7,85 7,77 7,40 7,51 7,01 6,68 5.67 5 6.69 5.75 May 1 7.86 7.84 736 7.54 6,95 6.64 531 2 7.82 7.85 7.36 7.39 6,93 6,54 5.69 3 831 7,97 7.18 7.29 6.94 6.51 5.77 4 8,03 7.96 7,11 7,26 6698 6,58 533 5 7.15 7.26 6.97 June 1 7,97 7,87 6.95 7,21 7,06 6.57 5,67 2 7,83 7.78 6.88 710 7.19 6,52 50 3 7,63 733 7.08 7.28 7,15 6.46 5.61 4 7.72 7.77 7.02 7,27 7.13 6,42 5.57 5 7,81 7,74 July 1 7.67 7.75 7,00 7.24 7910 6,38 5,55 2 7.66 7.77 6,92 711 7,07 6,17 5.55 3 732 7677 6,95 7.17 7,04 616 5.50 4 7.73 7,76 6,95 7915 7,00 6.05 5,61 5 5689 5.65 August 1 7,86 7,69 6,86 7,08 6.99 6,06 5.61 2 7,79 7,83 7.02 712 6.94 6.05 5.45 3 7,81 7985 7,09 7.26 6,88 6.21 5,40 4 7,80 7,80 7,15 7956 6.86 6.31 5.35 5 7.16 T47 6A5 September 1 8.05 7,76 7.15 7,41 6.86 6,24 5.35 2 8438 7,67 7,16 7935 6,81 6916 3 832 7.59 7.33 7AI 6,78 617 4 8930 7,62 7,40 7.53 633 6.33 5 8.53 7.64 October 1 8.66 7,53 717 7.48 6964 617 2 9.17 7.52 7.19 T56 6.66 6.29 E 3 8.72 7.45 7,19 7,48 6.67 634 1 4 8.43 7.36 712 7,43 6.73 6,53 LtJ 5 6,69 6.62 LL-fl November 1 7.90 7633 7.24 719 6.71 6,51 2 8A3 7,44 710 7.24 6,69 6.38 1,L Lr) 3 7,91 730 7612 7.15 635 6.28 0 4 7.96 7958 7,08 7.13 6,78 616 5 7.04 7.08 W (:_ December 1 7,90 7.66 7.00 7,06 6,80 618 M W 2 8,10 7668 6.99 7.05 6.71 6,22� 3 8A1 7.66 6.96 7,11 6.66 615 4 7.95 7.57 6.97 7,14 6,58 6.19 5 7.86 7.50 6A7 SOUTHWEST SECURITIES INCORPORATED 000041 &;/Z �l evl�4,0�4 (Urz. u > 1� hip toll a) 7 7,,1 /�. _ h�� r SEP 2 S ��GER 1993 pill iu� y , V r September 6, 1993 Members of Sanger Volunteer Fire Department c/o City of Sanger 201 Bolivar Sanger, Texas 76266 T ��E CliFlf F �Ai�� ram, f } I SEP 2 1 199 To all of you who answered the 911 call to 1808 Melinda Myrl Drive on Sunday, August 29, 1993, your quick response - less than 5 minutes - and calm, professional manner, kept my husband and I calm after our baby swallowed my antihistamine. It is wonderful to know how caring a small town can be in time of such emergency. (It helps to have two members of your department as neighbors!) Poison Control called the hospital more than once to check on Kristen which eased our minds as well. Your department's rapid response allowed Kristen to reach the hospital before the drug could do any damage. Her vital signs never fluctuated from normal, and her care in the hospital was excellent. I am in the process of investigating the regulations on child -protective caps on all medication, especially new releases such as the one our daughter so easily got into. Sincerely, Amy and f Layton 1808 Melinda Myrl Sanger, Texas 76266 i"E CITY Orr Stm%IN 2 4 1993 {14 s;e u-hr'U1,S 5 1LP q5 (017-f/ Zc F SANGER 1993 d • I .I 7 � 1 i' ` i 1 1' I i ■ f. 1� 1 r I. . ,1 1 fl 1 � 1' 7 1■ 1■ '' issessment and taking all I ■'!1 needed 1'theParamedicss u ■ � L 1 r " i 1 L 1 I 1 .i M off 1 i 1' 1 1 �"i T. � 1 1 ■" ' ■ 1 17 x ,1�1ff chJ�ill, Capp#�irr �f Eire [Drina { cce Eggert Barrow I �Ti �i�C�'[,Q1 I1 June 11, 1993 Number 22 LEGISLATURL AD TOURNS The Seventy -Third Regular Session of the Texas Legislature is history. And what unusual history it made. For the first time m recent memory, the House and Senate met in separate buildings. While the House met in the Capitol, the Senate met in a make -shift meeting room several blocks away as the Senate chamber underwent renovation. For the first time ever, House committees met in the new, underground Capitol extension; Senate committees met in yet another location. These logistical nightmares were just the beginning. The House elected a new Speaker for the first time in over a decade. New rules of procedure in the House meant that dozens of bills died weeks before the session adjourned -- most richly deserved their fate. Under these new House rules, the final day was reserved almost exclusively for correcting errors in previously passed bills. As a result, there were few of the last-minute, unanticipated surprises that so often characterized previous sessions. The Seventy -Third session did not abruptly end at midnight, it just withered away at 8;30 p.m. when the Senate adjourned. Lawmakers were unusually productive. First, they passed a state budget, something that in recent years hasn't routinely been done during the regular session. Second, they passed two versions of public school finance reform, the second coming after voters rejected the first plan in the May general election. Third, they enacted a new "get tough" Penal Code. The list of major accomplishments goes on and on. As always, the session had its lighter moments. The House floor debate on a bill relating to horse theft inspired members to whinny and neigh and to emit the best galloping sounds. Some members voted on the measure by stomping their feet -- once for "aye" and twice for nay. 11 Although fewer bills were introduced than in the previous session (and far fewer than in the record -breaking 1989 session), the munici al workload was not noticeably (lifferent. More than 800 city -related bills were filed see accompanying chart), more than 140 passed. Cities fared quite well. Fourteen of the form Dozens of other bills beneficial to bills were defeated. League's eighteen priority bills passed in some cities passed as well. Vu-tually all detrimental In the sections which follow, major city -related actions are summarized. Most of the bills which were passed have not yet been signed by the Governor; it is possible that some will be vetoed. If they are signed, the effective date in most cases will be August 30, 1993. Two bills of interest to city officials have already been vetoed by the Governor and are not summarized here. They are H.B. 1776 relating to handguns and S.B. 1029 relating to permitting. You should also be aware that in a few cases, the final enrolled versions of some bills -- which are not yet available -- may be slightly different than what is described here. To the extent that any corrections to the information contained in this report are necessary, we will inform you through future TML Legislative Updates. Total Bills Total Bills City -Related Clty-Related Year Introduced* PAssed Bills Introduced Hills Passed 1979 3,791 900 300+ 70+ 1981 3,872 909 250+ 50+ 1983 4,054 1,152 300+ 50+ 1985 4,151 1,039 300+ 80+ 1987 41343 1,204 420+ 175+ 1989 5,256 1,339 625+ 180+ 1991 4,684 970 840+ 180+ 1993 4,560 1,089 800+ 140+ *Includes bills and proposed Constitutional amendments; regular session only. TML BILLS PASSED Purchasing -- S.B. 226: raises the threshold at which competitive bids are required for all cities to $15,000, except for insurance, which must be competitively bid for expenditures of more than $5,000, The bill further provides that cities maldng an expenditure of more than $3,000 but less than $15,000 must contact at least two disadvantaged businesses from a list to be provided by the State Purchasing and General Services Commission. if the list does not identify a disadvantaged business in the county in which the city is situated, the city is exempt from this requirement. The bill also provides that the notice to be published is scheduled from the time that the bids will be opened, as opposed to the time that the contract will be let, as is current law. Finally, the bill allows the city to choose to have this new statute control over a conflicting home rule charter provision relating to competitive bidding, and exempts services performed by blind or severely disabled persons from the requirements of competitive bidding. 'This bill has been signed by the Govemor and will be effective on September 1, 1993. N .>3. 632 -- extended Area Telephone Service: amends Article 1446c to require the Public Utility Commission to initiate rulemaldng to allow for expansion of areas in which toll•free telephone calls may be made. The bill provides that if the lesser of 100 telephone customers or five percent of all customers in an exchange sign a petition for expanded area service, and if 70 percent of all customers vote for such service, then a telephone carrier not exempted by the bill shall provide toll -free calling within a "community of interest," which may include areas served by the same local governments or an area within 22 miles of the telephone exchange. Local exchange carriers may recover the costs of providing such service through monthly fees of not more than $3.50 for a residential customer and $7.00 for a commercial customer. This bill has been signed by the Governor. It will become effective on Septernher 1, 1993. H.B.825 --Sanitation Regulations: provides that when a city notifies a property owner of a violation of sanitation regulations, the notice may state that if the owner �s guilty of the same violation within one dear, the city may correct the violation at the owner's expense and assess the expense ae:unst the mmnPrty Thy riir/ 11"r r, , ,� ...� y t....r_ _ e� �• •,. ...". i100: fw6es uic uiresnold at which cities must obtain competitive bids or proposals to $15,000 for all cities, and provides that the notice and publication requirements apply to the time that bids will be opened as opposed to when the contract will be let, as is current law. The bill also provides that the city may choose to have the competitive bidding statute control over conflicting bidding requirements in a home rule charter, and exempts from competitive bidding requirements services performed by blind or severely disabled persons, purchases made under an interlocal agreement for cooperative purchasing administered by, a council of governments, and purchases of insurance. The bill further provides that If a contract or lease retains to the governing body the continuing right to terrrunate at the expiration of each budget year and is conditioned on a best efforts attempt to obtain and appropriate funds, the contract is a commitment of current revenues only. Finally, the bill provides that a city may not require a professional Swimming Pools -- S B 170: amends Chapter 214 of the Local Government by adding a new Subchapter C. The bill authorizes cities to set minimum standards for swimming pool fences and enclosures and allows a city to require the owner of the property to repair or replace an enclosure that becomes damaged or dilapidated. If the property is unoccupied, the city may immediately enter the property to perform the repairs to the enclosure. The bill authorizes a city to place a lien on the property to recover any expenses incurred in correcting the dilapidated condition of the enclosure. The bill allows a city to impose a penalty on the property owner for a violation of an ordinance adopted under Subchapter C. This bill also immunizes cities and their officers and employees from liability for any acts or omissions not knowingly done that are associated with actions taken in an effort to eliminate the dangerous conditions posed by a dilapidated swimming pool enclosure. The bill also adds Chapter 757 to the Health and Safety Code, establishing certain standards with respect to pools owned or controlled by the owners of a multi -unit rental complex or a property owners' association. Finally, the bill establishes standards for doors and windows of rental dwellings opening into the pool yard of a multi unit rental complex or condominium, cooperative, or town home project. This bill has been signed by the Governor and will be effective on September 1, 1993. S.B. 355 -- Redemwilion of PPr!�,11111a Sold at a Tax Sale: shortens the redemption period from two years to six months for the former owners of non -residence homestead property or non-agricultural property. The shortened redemption period is contingent on voter approval of a proposed constitutional amendment at the November 2, 1993 general election. (Please see the descripption of S.J.R. 19, below. I t S.13. 355 will become effective on January L 1994 ) f he voters approve S.J.R 19, H.B. r of -- ), a Bills: provides that upon the request of an elderly person 60 age or older), a utility shall delay without penalty the payment of that erson's residentialyears of utility bill until 25 days after the date on which the bill is Issued. The bill also allowsanelderly person to request a delay for all subsequent bills, except a bill which has alread been delayed. This bill has been signed by the Governor and will be e y 1993o ff eon August 30, Wes =""""' Lam' "'—�s_: amends Sec. 54.012 of thevLocal Gove rrnmentmCode,nwhich addresses a city's authority to bring a civil action to enforce an ordinance, to include ordinances related to violations of point source effluent limitations or the discharge of a Pollutant into a city sanitary or storm sewer system, and allowing s penalty is harge per day for violations of such ordinances. This bill has been sign ffective on Septemb1ed by the Governor and will be eer , 1993. N.B. 859 -- Utility Records: provides that: (1) agovernment-operated utility generally ma not disclose a customer's personal informatiphone numberl on (address, tele, and social security number) if the customer requests that such information be kept confidential; 2) the utility may charge a Customer a fee not to exceed the confidentiality request; (3) the utility shall notify Gustomerscof ofe omplying with the confidentiality; (4) that notice shall be ht to request Included with a customer's bill and shall inform the customer of the fee and include a form on which the cust and (5) the utility omer can request confidentiality* prohibited from disclosing personal info is not rmation to publiq officials or employees, a consumer reporting agency, a utility contractor or subcontractor,other utilities. This bill has been signed by the Governor and will be effective on September 1, 1993. S.B. 360 -- Library Records: provides that records of a public library or library system which would identify a person who requested, obtained, or used a library material or service are confidential under the Open Records Act with certain exceptions. This bill has Lien signed by the Governor and will be effective on September 1. 1993. ,Sewer Connections -- S.B. 249, amends Section 214.013 of the Local Government Code to clearly provide that a general law city may provide a sanitary sewer system and require pproperty owners to connect to that system. This bill has been signed by the Governor and will be effective on August 30, 1993. i-i.n. i� iu -- tnstanment Payments by the Blder amends Section 31.03 of the Tax Code to provide that an elderly person who chooses to pay property taxes in installment payments must formally claim the elderly homestead exemption and provide formal notice of the installment option with the first quarterly payment, or be subject to penalties and interest on the remaining installments. The bill has been signed by the Governor and will become effective on September 1, 1993. Platting -- H.B. 496: amends Chapter 212 of the Local Government Code to require the filing of a plat even though the property owner is not laying out streets, alleys, squares, parks, or other public improvements. This change does not apply to divisions of land into parts greater than five acres if each part has access and no public improvement is being dedicated. The bill also provides that the three -fourths vote to approve a replat applies only if the replat requires a variance. Finally, the bill amends Section 212.041 of the Local Government Code, a provision that previously applied only to the City of Houston., to allow all cities to adopt ordinances regulating development plats. This bill has been signed by the Governor and will be effective on August 30, 1993. Tax Notices -- N.B. 155: amends Section 26.04(e) of the Tax Code to provide that tax rates shall be either published in a newspaper or delivered by mail to each property owner in the taxing unit. The taxing unit may select the most cost-effective method. This bill also exempts certain small taxing units in which the tax rate is less than five cents from publication requirements. This bill has been signed by the Governor and was effective on May 4, 1993. H.B. 1920 also allows for a property tax exemption for property that is used for control of air, water, or land pollution. Here again, the property owner must apply to the Texas Water Commission or its successor for a determination of tax exemption. This particular part of H.B. 1920 will become effective on January 1, 1994, but only if Texas voters approve the tax exemption at the November 2, 1993 general election. (Please see the description of H.J.R. 86, below.) This part of H.B. 1920 also provides that if the property tax exemption is granted, a taxing unit may adjust its current total value" by subtracting the taxable value of the property which would have, except for this exemption, been added to the total value. Pesticides:. KB, 1262: amends article 135b-6, Vernon's Texas Civil Statutes, to provide that an officer or employee of a city is not required to obtain an applicator's license from the Structural Pest Control Board if the application of the pesticide is in an "incidental use situation." "incidental use situation is defined as a pesticide application on an occasional, isolated, site -specific basis that is incidental to the performance of a primary duty by an employee that is not pest control and involves the use of general use pesticides after instruction as provided by rules adopted by the Structural Pest Control Board. This bill has been signed by the Governor and will be effective on September 1, 1993. Failure to Act -- S.B 146: amends Section 6.01 of the Penal Code to provide that a municipal ordinance or home rule charter provision that provides a penalty for a failure to act is enforceable. This bill has been signed by the Governor and was effective on February 25, 1993. S.B. 1067, a massive rewrite of the Penal Code, also contains the language of S.B. 146. Annexation Authority: General Law Cities "In 811: rovides that a general law city of at least 1,000 population may unilaterally annex adjacent pterritory if, in addition to fulfilling the other conditions enumerated in Section 43.003 of the Local Government Code, the city is providing the area to be annexed with water or sewer service. (Note: current law requires water and sewer service.) This bill has been signed by the Governor and will be PFFPrtive on Aumst 30.1993. _ TML encourages all Qeneral law citie,q tn nhto:n � vtrx or Z 'YL,E. DATE: September 23, 1993 MEMO TO: Mayors and City Councilmembers of Cities Affected by Proposed Radio Dispatch Fees By Denton County Sheriff's Department FROM: Yvonne A. Jenkins, Mayor City of Argyle and Towns My thanks to each city/town that sent representatives to the Denton County Budget Public Hearing and the meeting of the Sheriff's Committee on Radio Dispatch Rates on September 21. YOUR PRESENCE MADE A DIFFERENCE. At the Committee meeting, Tim McCormick of Krum was elected chairman. Following the resignation of Mr. Anderson, the Ponder representative, Don Franklin of Trophy Club was ap- pointed to fill the vacancy. The Committee voted to send a recommendation to the Sheriff to drop the Radio Dispatch proposal for FY 93-94. Another meeting of the Committee is set for 7 PM on November 1st. For the next meeting, the Committee has asked the Sheriff to further explain the proposal and for the numbers generated for "dispatches" be further clarified. I believe it is important that each of us monitor the activities of the Committee and provide any I nformation to them that they request. At the Commissioners' Public Hearing, they voted to delay any action on the entire budget until the Radio Dispatch specula- tive revenue issue was clarified. They will consider the Budget again at their regular meeting on September 28th. (See enclosed news article). It would be appropriate for you the express your appreciation to the Judge and Commissioners for listening to the cities and towns' position on this issue before approving the Budget. As the County, other ways to find revenue cities and towns will other such proposals. opportunity for input If you and your counc' Cities" group, please ENC: Related Material entities and organizations search for for their budgets, T believe that the be subjected to and "targeted" for It is important that we have the and participation in such decisions. it is interested in organizing a "Small contact me at 817-464-7273. '`• <• rn .[ 0 U 'ti 0 u N a 0 c v A rn rn N 4 a v o+ N ro 'CJ m a r> m r ,�,� .� a .� � � a � [ �'� rN 'tl +' ai ^ri m ,fir ^t7 rn a a1 ry � U ,u +'+ ^C1 ,q 'in 1-i :y w in A. � 4 '"' O � � cU o "� �� 'd a, ",� � rn o m v N m a >, m N o :.. N .�, ,,, a a ro V ,-. t. '� � O ro a ei' �. 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Q�•o�c �.��vaD w ,� o� w m G arr�i'�, � ,,aw^�U ro� �� tip' �� a o � m a�i a� 'd 'tn fFY ro C ✓ F .0 ,Q .� •G .Ly :r a +o, G O p+.Q C � ��i-, CJ � O '� 4.. rai �. °� N y N � rn m ro a �- 4.r a t«r � N .0 � ..., � ++ ' V , �� ro .0 'L7 � N•� a pD m a m u m Q "C1 1, C ,ty dD'Ll C N a� ro N 4 � "D`Cpp'�a u N ro� o� ar� .0 .d o N d' a� a N .� C� N� a �'.0 '7 � O �� +�i b N o.co o � �n.� a ~ a � oC ro a .0 � m � � � ru �� NTj u C C: _ S` U �,. cd C C o4 a U � � a [/] rn � �? .C".q q, v C o ,� ^[ � Q. N 'in � � cain ... a m n.ca; �.n� a,:,:�.�:.Nd•iy o ��v uq o'"v"'r' N u ..0 G Weldon�:.Lucas �. Sheriff•' Denton County Sheriff's Department M E M O R A N D U M T0: BOB POWELL FM: LARRY BACHMAN RE: CALL DATA DATE: SEPTEMBER 15, 1993 Listed below is some of the data requested by the committee relating to the number of calls different departments handled out of their baliwick. The number of times that the Sheriff's units responded into the cities is not included due to the number of manhours needed to recall that information. It can be done, however. I have consolidated the responses for each agency into (a) the number of calls in that city, (b) the number of calls outside the city, and (c) total number of calls. Also included are the number of times each city responded to any other jurisdiction or subdivision in the county. Members need to be aware that the number of the number of calls dispatched are not related. call far service results in officers responding jurisdictions. responses and Many times one from several 127 North Woodrow Lane, Suite 300 • Denton, Texas 76205-6397 • (817) 898-5700 • 434-1551 (Met'ro) • (817) 898-5605 (FAX) AGENCY RESPONSES IN HOME CITY ARGYLE 4 3 4 AUBREY 4G0 DOUBLE OAK 315 JUSTTN 191 KRUM 197 LITTLE ELM 694 MARSHALL CREEK 70 OAK POINT 7 PILOT POINT 1069 ROANOKE 484 BANGER 1617 TROPHY CLUB 1221 TOTAL 6759' RESPONSES OUT TOTAL RESPONSES OF HOME CITY 202 636 67 67 28 343 of 64 255 20 217 177 871 57 127 5 12 74 1143 222 706 88 1705 158 1379• 702 7461 NOTE: 90 OF TROPHY CLUBS RESPONSES WERE TO ROANOKE " 102 OF ROANOKE'S RESPONSES WERE TO TROPHY CLUB 1 M P f�l OV M �� rn �i h. i-• r� U '"� r, � ti � �� b o m� �� ` v C v U C �� ° C C O � U �° ;; '3 �� O L � a � d' O� I M Q� H �+L•1 O W Q Q W z W %.. �. 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"� 8 O 8 8 8 O 8 8 aD 8 8 8 8 8 8 8 8 �3 8 8 8 8 8 8 8 8 Np N � � � � � � � � � � � r � � � r r f�J/ r p�Zp[j P � � � � �' � .y/ � � w � � � � Ul F- F+ � � � a � � � � � � � � �- � s s r 9 � .. qqW 4 � � � a r � M � .. � �5 M � 6 � � � � � � � W � O L r � Cn � � a � � �� g � �_ � � � � � � b ppp ^� � ~ M M NI M M M M M M M M In M � I� M M M1X76 �j7lQ�{ jMj76{ M M1X78 }MlT4� MX7j6 �718{ `1�7Q' j176� 1X76 xj76 j'jbQ{" �jQ7{ '�17Q( }j78Q� }176Q� }1788{ `�176Q{ 1 1 1 � 1 1 1 � � 1 � I � � 1 � � � 1 1 � 1 I r rl H �1 "q O O o c c o � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i DENTUN UUUNTY SHERIFF' S UOMMITTEE TU SET RATES FOR DISPATCH SERVIUE September 17, 1993 J' ABBREVIATIONS USED FOR CITY/AREA PAGE 2 OF 2 NAMES ARGYLE AR_ JUSTIN JU AUBREY AU LITTLE ELM LE BARTONVILLE BV LEWISVILLE LV t4voARROLLTON .CAR MARSHALL CREEK MC CARTER ADDITION CART CORRAL CITY . . . . . . . . . . . . . . . CC THE COLONY .COL CORINTH COR CROSSROADS CR COPPER CANYON .COP DALLAS .DAL DENTON .DEN DOUBLE OAK . . . . . . . . . . . . . . . DO FLOWER MOUND FM FRISCO FR HACKmr RAAI . . . a HACK HILLTOWN HILL KRUM 0 KR KRUGERVILLE KV MORRIS TERRACE MORR NORTH LAKE NL OUT OF COUNTY OC OAK POINT OP PINE CREEK MUD PINE PILOT POINT PP. PONDER PO RANCH CREEK MHP .RAN ROANOKE RO ROCKY POINT ROCK BANGER SA TROPHY CLUB as . . . . . . . . . . . . . I UNINCORPORATED AREA UA WEST LAKE . , WL 0 TOTAL CALLS FO[2 ARG YI�E IPiCIDEriTS . Subdiv. . 1 AR 43�L AU 1 BV 10 CC 3 COP 7 DEN 4 DO 2 JU la NL 1 PINE 1 PO 1 RO 7 SA 2 STON 2 TC 3 UA 139 GRAND TOTAL 636 INCIDCNTS. Subdiv.. AU CR DEN KV LE OC PP TC UA GRAND TOTAL 1 460 1 1 12 1 1 9 1 a0 527 TOTAL CALL5 FOR AUBREY TOTAL CALLS FOR PILOT POINT INCIDENTS. Subdiv.. 3 AR 1 TOTAL CALLS FOR ROANOKE AU 13 INCIDENTS. Subdiv.. DEN 4 3 KV 1 AR 10 LV 1 JU 1 OC 1 MC 7 PP 1069 OC 2 UA 50 PINE S GRAND TOTAL 1143 RAN 10 RO 484 TC 102 UA 75 WL 4 GRAND TOTAL, 706 i TOTAL CALLS FOR BANGER INCIDENTS. Subdiv.. 8 AR 1 DEN 3 RO 3 SA 1617 UA 73 GRAND TOTAL 1705 INCIDENTS. Subdiv., 8 AR 293 AU 351 BRA 4 BV 29 CAR 1 CART 3 CC 10 COL 1 COP 57 CR 9 DEN 14 DNW 1 DO 104 DR 1 FM 1 FOXB 1 FR 1 HACK 31 HC 15 HILL 18 JU 261 KR 140 KV 30 LD 10 LE 457 LINO 20 LV 3 TOTAL 911 CALLS FROM 06/30/92 TO 06/30/93 Y U�.NC0 �ii oHoMJ w 6' GP r;-c s- i v6D 1 3! 8 c A 1, L, !9 (aiL c=A ixf44 l.RD I' REPoRT Wow 5 3.070 r, .....INCIDENTS. Subdiv.. MC MH MORR NAVO OC OP PINE PrrD PO PP RAN REDW RO ROCK ROW E SA SFIC SILV SONG SS STOrI TC UA W WL GRAND TOTAL 2G 85 3 1 1 31 44 1 66 556 33 2 407 41 45 469 34 23 4 68 6 533 1566 83 11 6013 TOTAL 911 CALLS FROM 06/30/92 TO 06/30/93 D�;NTON COUNTY SHERIFF' S COI�.MITTEE TO SET RATES FOR DISPATCH SERVICE September 21, 1993 SHERIFF'S DEPUTIES DISPATCHED FOR BACKUP 06/30/92 TO 06/30/93 ARGYLE 10 AUBREY . �. 05� DOUBLE OAK 02 KRUM 02 • � LITTLE ELM 07 MARSHALL CREEK • 02 OAR POINT O1 PILOT POINT 09 ROANOKE 04 SANGER 09 TROPI3Y CLUB 03 TOTAL CALLS FOR JUSTIN INCIDENTS. Subdiv.. 3 AR 16 CC 1 DEN 1 DO 1 JU 191 PO 6 RAN 1 UA 35 GRAND TOTAL 255 TOTAL CA.I,LS FOR DOUBLE OAR "7CIDENTS. Subdiv.. AR 4- BV 3 COP 5 DO 315 TC 1 UA 15 GRAND TOTAL, 343 TOTAL CALLS FOR KRUM INCIDENTS. Subdiv.. 1 KR 197 UA 19 GRAND TOTAL 217 TOTAL CALLS FOR LITTLE ELM UCIDENTS . Subdi.v,'. 6 AU CAR CART COL COR DAL DEN FM FR HACK HILL KR LE MORR OC OP ROCK UA 1 1 1 1 1 1 1 1 1 16 a 1 6Q4 1 1 13 22 100 871 TOTAL CALLS FOR MARSHALL CREEK INCIDENTS. 0ubdiV.6 AR 3 DEN 1 ' MC 70 oc 2 PINE 1 RAN 2 RO 33 TC 5 UA 9 WL 1 GRJUTD TOTAL 127 i TOTAL CALLS FOR OAR POINT INCIDENTS. Subdiv., LE 1 OP 7 ROCK 1 UA 3 GRAND TOTAL 12 TOTAL CALLS FOR TROPHY CLUB INCIDENTS. Subdiv., 5 AR 2 DO 1 FM 1 MC 5 OC 2 PINE 1 RAN 4 RO 90 TC 1221 UA 25 WL 22 GRAND TOTAL 1379 I�1tON'C l llt WAS'l'Is MAN AGL:MLiN'1' , 1 NC . till S. Second St. f' . 0 . LI u x 'I 5 i3 Sanger, '1'x 7ci2G(i OctoUc,r 4, 1193 City oL Sanger Itr.: Waste Manal;euicnt Contract Ucrar Sir: ThIE CITY OF SAiVGEf� u i OCT 4 199� I 1�1 aCc��0�1C� 1 In accordaucc with pars►graph � (l1) of the 1'ru►►ticr Was tc Management cuntrar.t fur services which states: ,..either party ►nay terminate this Agreement, wring the initial term hereof or any renewal term thereat icr, after ninety t'>U) clays wri t t��r► nut iccr to the other party .. . Therefore, ll�i s let ter serves as f'ranticr Waste htanap,c►�►ents ninety (90) Jay written notice of Agreement terwination. 'Therefore, nine:ly Jays from Uctobcr 4, 1993., (January 1NS)�I) will be the effecdive date of the Agreement termination. Sincerely Clenny -N . J ohn s an Tres ident frontier Waste Management lnc, MEMORANDUM ft2356 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 4, 1993 1993 New Single Family Building PTen its To date, twenty-one (21) new, single family building permits have been issued with a total construction value of $962,750. The addresses of these new homes are: 2015 Duck Creek 2049 Laney 818 Vernon Court 200 Wood " 1804 Duck Creek 2017 Benjiman 2036 Benjiman 1826 Melinda Myrl 1824 Melinda Myrl 2008 Benjiman 2025 Benjiman 1829 Melinda Myrl 1828 Melinda Myrl 2029 Benjiman 219 Willow " 504 Houston " 704 Bolivar " 821 Jennifer Court 822 Jennifer Court 817 Jenninfer Court 1800 Bucklew " Only four (4) of the residences are served by Sanger Electric. JH:es C�tu of tiornn�rincn$pnclal � w�� .. September 24, 1993 Mr. Thomas Hot,tchin lF l4 Fairfield Circle Sanger, Texas 762i;6 Dear Mr. Houchin: A copy of your letter has been forwarded to the Mayor and members of the City Council. The improvements to Tenth Street are running; about: thirty days behind schcclule and have involved utility improvement, wii:h not only the City of Sanger Electric Department, but also Sprint -Centel, Lone Star Gas, Galaxy Cable, water and sewer services. The paving contractor has finally begtan street construction and weather permitting, the completion of the project is within sight. I apologize for any inconvcnicnce you, your family and your team-mates have experienced. Thank you for taking time to write to your City Government. JH:cs Sin •ercl o n Hamilton Ct Administrator sox 1�0I.IVAR STREIET SANGER� TEXAS �bs66 81y-4Se'793o THE CITY OF SAPIGER S E P 2 3 1l93 vt SANGER, TEXAS LA � Q C . vim, It Jv,nc+. � 1 lJ Cr�f�l`Or-1XJ �VJv r V CA v proposed Budget Date Adjustments $50,000 home 8,000 gallons ® water 1,000 KW - Electric Taxes current - $ 231.E 5 $235.10 + 3.45 annually Utility Services Electric Water Sewer Solid Waste Tota current $85.32 $21.80 $16.30 $7.10 = $130.50 proposed $87.32 $23.20 $16.65 $7.10 = $134,27 This represents a $3.75 per month increase. The last water The last sewer The last electr In 1992, the tt Solid waste ra JH:es (l.m.) rate increase was 1991. rate increase was 1991. c KW rate increase was 1991. x rate was set lower than the allowable effective tax rate. es are lower than they were in 1990.