03/16/1992-CC-Agenda Packet-RegularMONDAY, MARCH 16, ►9
01 BOLIVAR STREET, CITY HALL
f P.M.
1. Ca11 to Order, Invocation, and Pledge to the Flag
a}. Appl`aVe MiriLltes
b}. Disbursements
c). Proclamation (#P2-92) for Clean -Up Day - April 4, 1992
►
3. vitinierif u inpiwt
4. Conduct Public Hearing for Zoning Change Request for Gene Hughes
From SF-4 to 2-17 - 1803 Melinda Myrl
5. Consider and Possible Action Regarding Zoning Change Request for
Gene Hughes From SF4 to 2-F - 1803 Melinda Myrl
6. Consider and Possible Action Regarding Bids) for Pole Mounted
Puller Unit - Electric Department
7. Consider and Passible Action Regarding Bids) for Skid Unit For
Grass Truck - Fire Department
8. Consider and Possible Action Regarding Proposed Water Well Project
9. Consider and Possible Action Regarding Authorization to Bid
Municipal Swimming Pool
10. Consider and Possible Action Regarding Proposed Sewer Line -
Ward/Willawood Addition
1 1. City Administration Report
12. Any Ether Such Matters
13. Adjournment
Rosalie Garcia
City Secretary
MINUTES: City Council Meeting
March 2, 1992
11/JItJ:
PRESENT: Mayor N%0 Armstrong, Councilwoman Margie Braxton,
Councilman John Berndt, Councilman Wendell Thomas,
Councilman Jerry Jenkins, and Councilman Tommy
Kincaid
PRESENT: City Manager John Hamilton, City Secretary Rosalie Garcia,
Electric Superintendent Larry Yoast, Public Works
Superintendent Chuck Tucker, Garland Thornton, Betty
Johnson, and C.G McNeill
1. Mayor Armstrong called the meeting to order, gave the invocation and
led the pledge to the flag.
2. Consent Agenda;
(a) Approve Minutes
(b) Disbursements
(c) Proclamation (P l-92) for Green Thumb
(d) Resolutions (R3-92) City Official Seals
- March 8-14, 1992
Motion was made by Councilman Thomas to approve Consent Agenda.
Councilman Jenkins seconded. Motion carried.
Mayor Armstrong proceeded in presenting Mr. Royce Daniels, a
representative for Green Thurnb, with Proclamation #P1-92 declaring
Green Thumb Week March 8-14, 1992 as Older Worker Week in
Sanger, Texas.
3. Citizen's Input -None
4. Consider and Possible Action Regarding Water Well Project
iiiiiiii Jill
Discussion followed.
Item tabled and Workshop was scheduled for Wednesday 7:(19 p.m.
CC Mtg.
Page 2
Min. S/2/92
Motion was made by Councilman Kincaid to adopt Interlocal
Agreement with Denton County Regarding Keeton Road Improvements
and that we also adopt Resolution # R2-92, which basically states that
they agree to meet the Commissioner Court's specific terms and
conditions to complete the needed Improvements on Keeton Road.
Seconded by Councilman Jenkins. Motion carried.
6. (12} Discussion/Review of Swimming Pool Plans
�, s • •'
pool.wimming
Discussion fallawed.
7. (5) Issue Call Order for Municipal Election May 2, 1992
Motion was made by Councilman Thomas that the Municipal Election
be held on May 2, 1991 Seconded by Councilman Berndt. Motion
carried.
8. {6} Appointment of Election Judge
Motion was made by Councilman Kincaid to approve staffs
recommendation and appoint Wynema Schertz as Election Judge and
Louella Ward as Alternate and that Mrs. Schertz be authorized to
appoint one additional clerk, which will make three (3) working the
election on May 2. Seconded by Councilman Jenkins. Motion carried.
9. {7} Consider and Possible Action on Bid Digger Truck
The following is the bids that came in on March 2, 1992 at 2:04 p.m,
on the Derrick -Digger Truck:
92 Chevrolet -New Unit
2161 6
:•
s
f �f
ff 1 VA U•
CC Mtg. Min. 3/2/92
Page 3
92 Chevrolet - New Truck
I.IEC Equipment We
Oklahoma City, OK
Alter, Ind.
St. Joseph,
Alter, Ind.
St. Joseph,
W f�
ase�60 nint
r mnt
• mntj
$85,369 {new) {demo}
MO (2500 trade)
Lease-60 mnths @ 1703.89
48 mnths @ 2051.31
36 ninths @ 2635.33
$83,333A0 (demo}
MO Lease-60 mnths @ 1663.25 1}
48 mnths @ 2002.39 2}
Motion was made by Councilman
Ind. Demonstration Bid which is
the lease purchase of 48 months
Seconded by Councilman Berndt.
ff Wi
•• • •
f
s.* • f1
• ♦f1 •'
Jenkins to accept bid fram Alter,
the low bid of $ 83,333.00 and with
unless better financing can be found.
Motion carried.
Cansider and Passible Action Regarding Authorization to Seek bids
for Pole Mounter and Puller Unit - Electric Department,
Discussion.
Motion Was made by Councilman Berndt to issue bid prapasal on a Pale
Mounter and Puller Unit for the Electric Department. Seconded by
Councilwoman Braxton. Motion carried.
11. { 10} Consider and Possible Actian Amending Ordinance # 18-91
Regarding Sanitation Rates and .Adoption of #01-92, Correction
Sanitation Rates.
Discussion.
Motion made by Councilman Berndt to adopt Ordinance #01-92.
Seconded by Councilman Jenkins.
CC Mtg, Min. 3/2/92
Page 4
ORDINANCE #Q 1-92
Motion carried,
12. (11} Consider and Passible Action Regarding Proposal Step Plan for
City of Sanger Employees.
DISCUSSlon.
Item tabled for next City Council Agenda to allow City Council time to
study the step plan.
13. City Administration Report:
a} l'%n Friday, City Manager spoke to Mike Herring of Texas
Parks and Wildlife Department. Mr Herring states that they have
resolved all their issues with the Marina process and expect
their Executive Director to sign off on the applications to the
Corps.
He also spoke to the State Senator Carriker during his
appearance before Lion's Club, Wednesday, and he stated that his
staff had been told by Parks and Wildlife Department that the
Marina could be in operation as early as June 1992.
b} Flanning and Zoning and Board of Adjustments have
scheduled hearings for Thursday, March 12. Planning and
Zoning starts at 7:3Q p.m. and Board of Adjustments starts at
7:QQ p.m.
c) Parks and Beautification Board have a joint meeting scheduled
for 7:QQ p.m., March 9, in the Community Center to discuss long
range goals on recycling and Park Development.
004
CC Mtg. Min. 3/2/92
Wage 5
d) The new police vehicle has been delivered and shall be in
service by the end of the week.
They are also taking quotes on cellular phones -which is a
budgeted item, three for Police and two for Fire Department.
e) City Manager stated for the 1st quarter of this year is a 2p/o
growth on water meters.
14, Any Qther Such Matters
a) Councilman Berndt asked if anything can be done regarding
water sitting an empty lots.
City Manager replied health inspector will be looking into that
problem to see if possibly something can be done.
15. Adjournment.
005
rITY OF SANGER
VENDOR
0200 A T BEARTI NOS
BEARINGS
AP OPEN ITEM LIST COMPANY 100 1I/9c PAGE
INV NO INV DTE PO NUM DUE DTE BURGH AMT DISC. AMT
91J56
419. C 500
TOT'At_
17. 62
1515 ARM MARKETING, INC.
PAGER REPAIR 2204 2/24/92
421. 1100 95. 7O
TOTAL
F'.O. BOX 639
9338 3/17/92 17.62
17.6E'
F'. 0. BOX 5C}3i:4
9c79 3/17/92 95.70
95.7C}
345t�r C-}EN MEADOWS COt+IPANY, INC. P.O. BOX 8t1549
BACKPACK SPRA46FR 85051007 2/27/92 9180 % /17/92 202v 99
424. 0900 144. OO
418.013*0s} 5•e.99
TOTAL 202m99
4125 BURRUS SUPERMARKET P. OmBOX 708
GI.;('S, DRINKS 1 c_'345A 1 / ' 1 /9ia 9 16 3/17/92 r L}. i
413. 1400 i0m 10
41;3. ir.5, 0 0 10 a 11
SUPPLIES --GC WORK 18345 2/03/92 8735 3/1.7/92 43.59
413. 14t 0 21.80
413. 1500 21.79
CANDY, CUPS 13245 2/10/92 9296 3/17/92 17.67
413. 1.500 8. 83
413. 11100 Be 34
BATTERIES 123456 2/14/92 9315 3/17/92 24.88
to 18. C 500 24. 88
BATTERIES�'WARNIN 12345B 2/25/92 9170 3/17/92 34.8O
ti 1 a , O 5C 0 34. 80
COFFEE SUPPLIES- 12345C 2/25/92 9363 3/17/92 5.O6
413.0800 5.OES
TOTAL. 14E. i3
65tjCa CI�H .JANITORIAL. SUF'F'LIES P.O. BOX 11C_a4
411. C.i300 38. 35
TOWELS, COPPI CL 8162 3/ 11 /92 9456 3/17/92 53m 05
411. C}300 53. 05
TOTAL 91. 40
6555 COG P.O. DRAWER COG
S�1F't'. F'AF{T c:-�'NV 1415c 3I1119�: 9159v/17/9E' r'6Ca, CaCa
440u C}..00 260m 00
TOTAL 26Oa C O
13000 CITY OF DENTON, AGG.
G'OI_IFORM TESTING 39i�8
45b. VbVV
TOTAL
17300 G R G TRACTOR TOR G0.
4v
<<Elf FOR TRACTOR 63t:}i='c:
1. C}5C}t?
:Y' I NS 532'*28
421. 0600
MUNICIPALAL BUBUILDINGG 215 EAST MGt4INNE`f
3/L7E/9r' 9414 .3117/9B 130. C}Ca
130. 00
132. 00
;�lC }5I9c'
i�! 14l9c'
10058
CaC a
CaCa
. Cuj
Cat�r
. Cat7
, Las a
. UC}
. Cana
C ate
t.}C}
t:�C}
1230 FIT. WORTH DRIVE
9166 3/17/92 10m 58 6 mCat"a
CITY OF SANGER
VENDOR INV NO
''01'r1L.
1770Ca GALL' S T tdC.
GUN L.00N ; {:'l..0TE, B 1315035
424. t_i300
TO i': aL
18S�yt) DAVIS CONCRETE COMPANY
G:G` YUS. CIO .:'I''LvfIYN
c:68P30
431. 0500
0 YD6n FIRE Hr<I..
:169394
423. 1100
O YDc. KEATON / `%:I
268438
431. i_a500
TOTAL
c'UG:Sta G. }'. HALL R• CO.
BOOKS D564715
475. O2OO
TOTgL.
G:0375 HARF'OOL FARt+i � GARDEN CEN
FERTIL.I:'�;�; h1L!L.0 07396
415. C 900
409s O9OO
TOTAL
22000 HILZ--SNIDER CHEV., INC.
WARRANTY 'iM I) ICT. 18934
419.0300
TOTAL
AP Oi:tiFt� I14EM LIST COMPANY 100 3/13/92 PAGE E
14n31
INV DTE PO NUM DUE DTE PURCH AMT DISC. AMT
13.30
4 IV F'ALUNDU DRIVE �'. O. GtOk 55R68
3/CaUo llt, 3117119 2 247. 36
R47. 36
G47.3G,
CON!1 RETE DIVISION P. 0. DO X 8�+0583
9034 3/ 17/92 19 056. 00
11056000
2/1it/92 9C'3t; 3/1';'I'? 480.00
48Cr, OO
480.00
E 4 t_i 16. 0Cr
7Ca LINCOLN STREET
3/ 1 Ca:'` =: ?; ?;:• :/ 17!9 90. 04
99, 04
99. 04
179. cf5
38. 90
it)0, Cat)
L4505 TNDUSTRIAL DISF'05AL SUf-'F'L
419.0500 181a 18
TOT!'L
54590 INTERSTATE BATTERIES 4802 ALEXANDER
4.19. 0300 11. i l
TOTAL.
4�0 E. MC{iINNEY ST.
3I17!9" 218.15
w gffi, I9 100a Cat)
1 i)l), i,�t•a
F'. o. �0x 8175
181. 18
t)t)
Cat)
„ Catr
.0U
tat_i
Cu)
Cat)
t)Cr
t)t )
t)t)
t)t)
t)t)
;�6Cat)t) t;R I Z DAVIS CO. F'„ O. BOX 45i �Cr
PHOTO C�:a..:... G:Rf:1C`K 4169�:t'-D G'I1^/:?G: 9?/;'i •?I'.%l9c: 99. c:t) . 0t:>
470. 0800 99. 20
9t_i RESIDENTIAL +'• 416828 I OI L=: 'J?/}1 ,� i ?�'�'r 29 867.40 moo
4.32. 0800 21867. 40
CONNECTORS, BG}.•i'S 416329 2/27/92 8?43 :,!1.'?Ir:�=: 566. 92 , 00
470a O8OO 566. 98
TO1':I1L 39 533.5c . 00
28000 LEMONS NEWSPAPER, INC P.O. BOX 68
FEDRUARV NOTICES 441 3/062 / 1032 9:>t! 71 ' / 17!9w. G3.a v a `t_a moo
o
[ c'
436. 1400 115. 00
436. 15 rt_a 115. 00 7
TOTAL 230,OO moo
CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 3/13/92 PAGE
14*31
VENDOR INV NO INV DTE PO NUM DUE DTE PURCH AMT DISC. AMT
31628 NATIONAL WILDLIFE FEDERAT 1412 16TH ST. N.W.
RANGER RICK SUBS 150001 3/09/92 9372 3117/92 15.00 .00
43Ou tj2OO 15. OO
TOTAL 15. OO , oo
3c'5trta C'ADDACIiI DONALD P.O. BOX 416
DOG FOOD 30695 2/05/92 9114 3/17/92 17. 00 . oo
444.O3OO 17. OO
DOG FOOD 32341 2/17/92 9119 3/17/92 17m00 moo
444.0300 17.00
TOTAL 34. OO . oo
33iai?tr PAYLESS CASHWAYS, INC. P.O. BOX 66G333
PICK FOR WATER/S 024059 1/31/92 9026 3/17/92 18.ci .tai_a
41 c:. 0600 18. c:1
WAFERBOARD, STAK 024263 E/03/92 9027 3/17/92 90. 55 000
421. t GOO 31. 16
431. i a500 59. 39
3/8X201 REBAR 024*736 2/10/92 9167 3/17/92 89.40 . oo
431.0500 89.40
LUMBER/LITF_S SAN 025252 2/18/92 9169 3/17/92 80m 83 . oo
409. 0900 80a 83
TOTAL. 278. 99 .Cats
35c65 ft � R UN I FORMS, INC. 383C) I RV I NG BLVD.
REPLACE WORN SHI 163584 C/c:8/9c: 91C1 3/17i9�_ 8it8. c7 .Cat?
416.0300 208.27
TIES, SGT. CHEVR 164160 3/12/92 9462 3/17/92 43.19 .00a
416. G300 43. 19
TOTAL. E51. 46 moo
354'7C> R I GGS FIRST LINE EG�U I PMEN 3ta9 E. MAIN ST. PO BOX 1 �+`99
'TE81' PJ!Y;P FCIR 78 6c:'76 3lt:�c:/9c 9c:8ti 3/ 17l9c: 15C). Cata . tata
419. 11Cat_a 150. tits
TOTAL. 150a 00 , t o
353tita RI1E-WELD SUPPLY INC. c:1n1 W. UNIVERSITY UR.
:tty L.r-.sS WELDING R 66441 �.:/tea4/9c: 9c:49 �1I i7J9c 14.8�; , tatr
4c:4.1200 8.83
481, 20 0 6000
0
ACETYLENE 665E5 2/ 18/9.= 9322 3/17/92 2,3. 52 moo
421. 1 c:0 a 23. 5c:
TOTAL 38.35 .tat �
35628 C-cRYAN TYE R SONS P.O. DRAWER 451
SCBA' S TES'TEialSC 11ta1 3/4�c:/9c: 9c'84 3l17/'�c: 666. t1Ca . tat
424. 1100 666000
0
TOTAL 666. oo moo
37777 SANGER OFFICE SUPPLY 303 BOLIVAR P.O. BOX 958
411. GBtata G8. c'3
FILE BACKS FOR C 1992 /10/92 9115 3/17/92 13. E8 . oo
472. O3OO 13. 28
COPY PAPER 1999 2/ 11 /9c: 9299 3/17/92 70u OO 008 .00
441. 190 a 70m tat
CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 3/13/92 PAGE.
14„31
VENDOR INV NO INV DTE PO NUM DUE DTE PURCH AMT DISC. We
INDEX, CARES, PAri 1968 2/ 12/92 9302 3/17/92 31 a 97 u oo
441. 1900 3068
411 a 1500 21 a 075
ENVELOPES/CLIPS/ 1987 2/27/92 9206 3/17/92 4. 47 a oo
411. 0200 4a 47
TOTAL 147a 95 moo
38000 SANGER FARTS CENTER 311 N. 4TH STREET Fa O. BOX 528
GASKET w,jgrE:RIAL/ 5215 r?/04/92 9247 3/17/92 1c:.20 .0t:}
419. O8OO 4a 79
419a 1100 i . 4l
FILTER KIT/1'OGGL 5325 2/07/92 9E53 3/17/92 lc:. 09 , oo
t119. 1700 9a to
419.0500 2.99
CHOKE FUL.LOFF/PL 5418 2/07/92 9257 3/17/9c: 30a 95 .00
419. 1200 30o 95
MUFFLER CLAMPS `.•55*o8 2/ 10/92 9258 3/17/92 5a 32 400
0
419. 1100 5a 3c
WIPER REFILLS.' E '`5773� /13/9c: 9262 3/17/92 7a41 m00
419a 0800 5a 20
It 19.10 0 ...
FILTER 5807 2/14/92 9E64 3/17/92 3,a 40 . o()
tt 19 a 0 500 3. 40
SUPER GLUE 5990 c'/ 17/92_ 9319 3/17/92 c:. 78 a 00
h 19. c'{?00 c: a 78
FILTER, STARTER 6055 2/ 18/92 9321 3/17/92 76a 53 . 00
{t 19. 0500 3083
419a 0800 7c:a 70
LI T E BULBS/ WIRE 6193 2/20/92 9324 3/17/92 4. 23 . oo
419a 0300 .3. 14
SANDING DISC;/PRI 6416 2/24/92 9326 3/17/9;' 24a 83 . 00
f15Sa 0900 7a 44
419a 0800 14. 40
TRAILER BULD/OIL 6438 2/25/92 9328 3/17/9 131to`3 moo
tt 19. 0800 8. 64
419. 0700 4. 45
r'CV VALVE 0,591 2/27/92 9331 3/17/9c: 73 . oo
14,1.9. 0300 3c 73
TOTAL 196a 56 a oo
385{}0 BANGER DRUG STORE F'a O. BOX 958
FIL.t! E,qB--c;A c/�:�'719c: "9c:56 3/17/9c: 9.99 ateu:�
421. 12�00 9a 99
TOTAL 9. 99 . Qo
42000 SMITH' S CC1uhl1'RY STORE Pa On BOX 928
!='NlRY ;...;..:•; t.��,�i5`� �:/�_�4�/9�: `:316�: L�/17I9c: 1�.9ri at_�t.�
44La QC[V a Ica 99
SOCKET HEAL?/ALLE 0 3156 c:/03/92 9267 3/17/92 1.99 moo
41 c:. 0800 1.99
HITCH PINS 0*4:, ,77 2/04/92 9246 3/17/92 94 68 a 00
14
419 a 0500 9. 68 009
KEYSI FLOURESCEN t:'c:3289 2/05/9c: 9208 3�/ 17/91� 20z 97 .00
CITY OF SANGER
VENDOR I.NV NO
0200
ALUMINUM FAINT/S 023284
41,01, 0300
PAINT/BRUSH/HACK 023i=:97
0500
432. 050(4)
425. 0700
5 1/2 GALLONS KE 023176
t12`•.au .000
BLADESg NUTS, WASH 023200
GAUGEg BIT, ANCH 023334
tt ii `:, t; 700
ELECTRICAL -HOT W 023214
ti 0100
LIGHT BULB 0233.37
k 0
6V BATTERY 023234
ti Is n 05* 0
PVC CEMENT 023231
t, 070u 0800
WARTS FOR LIGHTS 023236
tt �.1. 0900
PVC FITTING/ADAP 023237
CLAMPS/IRIVITS/RI 023216
419, 0500
TOTAL..,
43701 TECHL I N{rg INC.
;t:� BRACKET'S 'ROh1 it�li?9
470, 0800
B/0 PHOTO 3R!'T. 1084*702
470. O8OO
BACKORDER 2/0 WI 1�'l;':'t
470u O8OO
TOTAi.
450c'ata TEXAS METER 8� SEWER CO.
4c7, 0600
455. 06OO
MASTER METERgVAL 37492
<<; :7.0600
IOTA'..
f+645t:a TEXAS WATER COMMISSION
!-'.F;11IT FEE-v!i�rS'TE 60168t:a
45; :. 07C.rC_a
TOTAL..
t+6719 TRADE MARK GRAPHICS
T^I�'c:g 1 /c 46850
AP OPEN ITEM LIST COMPANY 100 ,J11:3�"0" PAGE
14u31
INV DT'E PO NUM DUE DTE PURCH AMT DISC". AMT
"V# 97
e/05/92 9113 3/17/92 23u 38 . 00
c.3. 38
0G/9�_ 9164 3/17/92 24. 45 , oo
14,98
1, 99
7.48
/06/92 9i=:54 3/17/92 9.35 .0ia
9. 35
11 /92 9259 3/17/92 14. 71 . oo
i 4.71
13/92 9309 3/17/92 16. 80 „ 00
16. 8o
13/92 9310 3/17/92 9.75 ,00
9. 75
f 13/92 9165 3/17/92 1468 . 00
1.68
/ 18/92 '9348 3/17/92 15. '96 , oo
15.96
18/92 '9347 3/17/92 6. 49 , oo
6.49
19/'92 9.350 3/17/92 10. 48 , 00
10. 48
i9f 19/9i2, 9176 3/17/92 1. 07 • 00
1. 07
i ;
/4/92 93267 3/17/92 7.5 .00
5.52
1.73
187m00 moo
F'.O. BOX 9i✓t+9
It q7t:+i:: 3�17/9'3 195. ta0 , c Ca
195. 00
ivl 6I9'� 8703 3/17/92 46. 50 400
46.50
3I06/92 8739 3/17/92 400m OO , oo
400 w 00
641. 50 . oo
H{nlY. 38Ca EAQ'T !_'. O. BOX 1040
125. 12
190.58
1408
41
2/ 26/92 9178 3/17/92 769. 54 . o0
769.54
11315.14 ,Cain
FISCAL SERVICES PsOn BOX 1308'7
464, t:aO
464. 00 , 00
010
88 W. PALATINE RD.
3/0 /92 11i:'i. .3/17/9'2'' 111.0ia .00
CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 3/13/32 PAGE
i4:31
VENDOR INV NO INV DTE PO NUM DUE DTE PURCH AMT DISC. AMT
PANELSpREFL.ECTIV 46937 3/06/92 9122 3/17/92 376.00 400
TOTAL 487. 00 .00
491Up UEC EG!UIPMENT COMPANY
REPAIRTi ?'PUCK 054496 2/29l90
419. 08t_ 0 61606. 82
TO1' 1L
5cr�.:irat:a V I K I NG OFFICE F'RODUC'TS
PENS, PEN ; ! I..: , NOT 840310 3/061' 9'4
411. 0800 140, 69
TOTAL.
61606. 82
6p 6t)6.8c:
P. O. BOx 819t�r64
66 140a 69
StrR65 Wu �i. [;RAINGERp INC. DEFT 19�-8/'485Cr119
!,DIRE WEL'}:-F', SPO 588660 4 3/0 S:•103: `? {it 3!1?/02
478. 4000 431. 94
TOTAL.
5;:,45ti LdES'fGATE VETERINARY HOSPI
EUTHANAS r'1.' K: U 1 F{ 211 � '::: 3./02
444.0300 99.50
TOl'66*1L
5415t� Z IMMERER KUBOTA Of-' DENTON
421, t 500 31. 05
TOT`;L
55356 TIME_ MAGAZINE
JNE YEF1F' S;i;�:.:CRI 995?8G'95 c:/�S!9�-'
43Ov c 2OO G I.88
TOTAL.
57986 MAIN LINE BOOt; COMFrANY
E •C'' C i r r` �'::
t_EVEN E:i'i?i-.. �1�'c•�...,� 1 3/.a: / : ..
475. ir200 189. 45
TOTIL
65942 TEXAS STATE DIRECTORY
475.0200 2,7u 95
TOT'?L
S2250u0 SEVILLE DISTRIBUTORS
UJASF' At•1:'a ; Ii�'!�!El' 1E/+4 'c/;:''�,'9'
47ta, t?84ita
TO TA,L
TOTAL_ DUE !� I TH D I SCOURITS
1.O1'AL DUE-• NO ;'i'� �+Gt't.!l`1TS
431.94
431.9�4'
45t] 1. N. MESA
99. SCa
56t ai a N. E. LOOP 8��i r
31. t>5
P.O. BOx 6t�ataCr1
CA
88
F'.0. BOx 914
189.45
ic1186
�i:.��.a .:: 17t•r'i� c7. 95
2
7.95
C:JOrJL
C� .'yy
•� L. tl . L
clrp 587.98
tj(a
f0
00
. oo
t- 0
woo
zoo
o )
of
. oo
00
oo
00
00
„ 00
tat)
oo
to
oo
011
G/L DEPARTMENTS
ADt'� I N I Tv � t�--CF 1 i l. {� •-
LIBRARY �' 431.75
CITY OF SANGER
VENDOR
INV NO
F'OL I CE
STREETS
WATER
WASTEWATER
ELECTRIC
PARKS
FIRE
VEHICLE MAINT43%F
MAYOR & COUNC I L--GF
t+IAYOR K COUNCIL—EF
F'UBL I C WORKS—'EF
DATA PROCESSING
VEHICLE MAINT—EF
C7ENERAL FUND
ENTERPRISE FUND
AP OPEN ITEM LIST COMPANY 100 0 3i 13i 92 PAGE
14d31
TNu DTE PO NUM DUE DTE PORCH AMT DISC. AMT
3 19625. 26
5 27031. 60
6 11508e 16
7 495.72
8 11, 595. 81
9 519n 89
11 11420v 23
12 75. 5O
14 162m 30
15 177e 48
17 9010
19 73a 68
Lu 450a
61 277u 96
149 310m 02
012
CITY OF SANGER, TEXAS
PROCLAMATION
#P2-92
WHEREAS, the City Council of the City of Sanger has declared Saturday,
April 4th as Clean -Up Day for the Spring of 1992; and
WHEREAS, the City Council of the City of Sanger is desirous of having a
general city wide clean-up that effectively improves the appearance of
the community.
NOW, THEREFORE, BE IT PROCLAIMED, by the City Council of the City of
Sanger, Clean -Up Day, April 4, 1992.
PASSED AND APPROVED on this 16th day of March, 1992.
Nel Armstrong
Mayor, City of Sang
ATTEST:
Rosalie Garcia
City Secretary
012 (a)
CITY OF SANGER
P. O. BOX 578
SANGER, TEXAS 76266
TO: Honorable Mayor &Members of the City Council
FROM: Jahn Hamilton, City Manager
DATE: March 13, 19�2
SUBJECT: Zoning Change Request -Melinda My_ rl From SF-4 to 2-F
Mr. Gene Hughes has requested a zoning change on one residential lot
located on Melinda Myrl from SF-4 to 2-F to construct a duplex. Each side
of the duplex will have a single car garage and be equivalent to existing
single family residences in the subdivision.
At their meeting Thursday evening, March 12, 1992, the Planning and
Zoning Commission voted 3 - 2 to recommend denial of the request.
tlVith our recent growth in water meter customers and our need for adequate
housing, staff recommends approval.
JH:es
AGENDA
PLANNING & ZONING COMMISSION
Thursday, March 12, 1992
201 Bolivar Street, City Hall
7:30 P.M.
The City of Sanger Planning &Zoning Commission will have a meeting �t
7:30 p.m., Thursday, March 12, 1992, City Council Chambers,
201 Bolivar Street, to consider the following items:
1). Ca11 to Order
2}. Conduct Public Hearing to Consider s Zoning Change (1803
Melinda Myrl) from SF - 4 to 2-F to construct a two-family
duplex
3). Consider and Possible Action Regarding Zoning Change (1803
Melinda Myrl)
4}. Any Other Such Matters
4). Adjournment
Rosalie Garcia
City Secretary
February 24, 1992
TO:
FROM:
SUBJECT:
Property
Rosalie
Zoning
�'�tu of
-�--- - � tt G�-�: - ,
Owners
Garcia, City Secretary ��
Petition �Z1-92
Please be advised that on March 12, 1992, at 7:30 P.M. in the Council
Chambers at City Hall: at 201 Bolivar Street the Planning and Zoning
Commission of the City of Sanger will conduct a Public Hearing to
consider a zoning change request from SF-4 to 2-F in order to construct
a two-family duplex on a residential lot known as 1803 Melinda Myrl.
This property location is also described as Block 1, Lot 4, Bourland
Addition in Sanger.
Please complete the attached form and return
stamped envelope. If you have any questions,
at this meeting on March 12, 1992. Thank you.
RG:cg
attachments
in the enclosed self -
please be in attendance
�oz SOLIVAR STREET BANGER, TEXAS 7Mt66 8i7.4�8.7930
LEGAL NOTICE
PUBLIC HEARING
Notice is hereby given that the City of Sanger Planning &Zoning
Commission will conduct a Public Hearing on March 12, 19920 at 7:30 p.m.,
in the City Hall Council Chambers, 201 Bolivar Street, to consider a zoning
change request from SF-4 to 2-F in order to construct a two-family
duplex on a residential lot described as Block 1, Lot 4, Bourland Addition,
also known as 1803 Melinda Myrl.
(DOCk
Rosalie Garcia
City Secretary
Take to Paper 2124/92 to Run 2/27/92
& Run WbNe
'E.
2-24-92 (P & Z)
ZCINING REQUEST
Zoning Request from SF-4 to 2-F, for Lot 4, Block 1, Bourland Addition,
(1803 Melinda Myrl):
to build a two bedroom
addition.
Please check one:
Comments:
brick dupleX in a single-family residential
I approve of the Zoning Request.
I disapprove of the Zoning Request.
J SIGNATURE
listings on Denton
County land
G E N E New and older homes
H U G H E S lots in Hlilcrest Addition
P, O, 8OX 927 Apartment rentals
REALTY SANGER, TEXAS 76266 Houses (or rent
Office 817.458.9917
Home 817.458.7527
10-15-91
TO WHOM IT MAY CONCERN:
For some time now I have had many, many calls
from people wanting rental units in Sanger, which
leads me to believe there is a housing shortage�in
Sanger. Ilve been asked by many of these callers
to be put on a waiting list for future vacancies,
This only confirms what I have always believed,,,
that Sanger is a good place to live.
Tt is with this belief that Itm requesting I be
allowed to build a nice 2 bedroom brick duplex in
the Qourland Addition on Melynda Myrle St.
You may be aware that I have built over 100 housing
units in Sanger that are of good quality and this
duplex will certainly fall into that range and be an
asset to both Sanger and the Bourland Additionit
will more than meet all City requirements,
Thanking you in advance for your consideration, I am
Yours very truly,
►l�nhnc
CITY OF SANDER
R O. BOX 578
BANGER, TEXAS 76266
MEMORANDUM #2011
TO: Honorable Mayor &Members of the City Council
FROM: John Hamilton, City Manager
DATE: March 13, 1992
SUBJECT: Bids on Pole Mounted Hydraulic Line Puller -Electric
�.. • • fff
The bid opening on this item is scheduled for 2:30 p.m., Monday, 3/ 16j92.
All bids will be presented for your consideration at the regular meeting.
JH:es
ohn Hamilton,
1992
t For Skid Pump U
i
TEXASPo Om BOX 578
*
rilt - F`�.Pe �1e�aT'iTlerit
ie skid pump unit is scheduled for 2 « Monday,
ids will be forwarded to Council for consideration at
CITY OF SANGER
P. O. BOX 578
SANGER, TEXAS 76266
MEMORANDUM #2008
TO: Honorable Mayor &Members t e City Council
FROM: John Hamilton, City Manage
DATE: March 13, 1992
SUBJECT: Proposed Water Well Project
Following the Council Workshop on Wednesday, March 12, 1992, as
instructed, this item is placed on the agenda to consider whether to
proceed with constructing a water line from Denton in cooperation with the
Upper Trinity Regional Water District or construct a new 300 gpm water
well on property donated by the Edward Lane family located east of the
Sanger Cemetery on the north side of McReynolds Road.
The enclosed notes reflect Consulting Engineer Travis Roberts' figures on
our estimated cost of water per 1000 gallons.
JH:cg
Enclosure
Qyd.
F.Mucuon
00 gpm X 1440 X 3656.1 1f#
r
85A3 X • f
Debt Service
$55,529
Qperational Cost
$Q.35j 1000 gal.
Cast - 0.43% 1000 gal.
Cost Existing
Fix Cost
Prod. Gal
$131,585
1450 Customers X $10 X 12 Ma. _ $174,0QQ
1450 Customers X $12 PVT .X 1000 Gallons - 1,740,000 Gal.
Cast: $254,501 Gal. = 131,585,000
-174jO00 1.7A4,9OO
$ 80,500 128,845,000 Gal,
Debt Service $69,000
�9oj91}
128,845 $0.08
Operation Cost.
$80,500
69,QO0
11,500 04 128,845
Total Cost per 1000 gal.
254,501
5 v 529
3100030
$1.41/ 1000
Debt $69,oOO .- $0.52
$131,585,00O
Total With New Debt
Added � $e5o,000
New D ebt
Cost Well, Line, Tank
Operational Cost
Total New
f l 4
310,030
131,585,000
FIRM• _T.'S_ _
ELEMENTS OF PROPOSED AGREEMENT TO
CONSTRUCT A PIPELINE FROM DENTON
TO SERVE THE CITY OF SANGER
March 11, 1992
• UTRWD will provide for the proposed line to Sanger in the
Regional Water System and include it in the package to TWDB
for 50o cost participation.
• Capacity requirements for Sanger = 1.5 mgd peak day (year
2010). Pipe size = 12" diameter.
• The District will design, construct and own the line. Denton
will share 50% in the cost and capacity of the line.
• The District will install a booster pump to raise pressure
enough to deliver water into Sanger's elevated tank.
• The line will be scheduled to be in service by June 1, 1993.
• Denton may oversize any portion of the line at their cost (or
raise their participation level to offset).
• Sanger will contribute $100,Ann to the cost of the project
(and receive credit against water bill for amount of debt
service thereof).
• The water is to be purchased from Denton during a 6-year
interim period according to surplus water price (approximately
$1.25/1,000 gallons). Denton will forego the raw water
component (approximately $0.38/1,000 gallons) for one year
after service starts. After the interim period the District
could purchase permanent water from Denton, or Denton could
transfer the District's water.
• Denton will pay the District its pro-rata share of the debt
service owed by the District on the 50 0 local share and is
obligated to repurchase the TWDB 50a share to Denton's City
limits.
C.�WP5I�D000MENTfPIPE-ELM,PRO
March 11, 1992
Elements of Proposed Agreement
To Construct Pipeline From
Denton to Serve City of Sanger
Page 2 of 2
• Denton would have the right to use the line to serve Denton
customers within its City limits. Upon beginning such use,
Denton would have the duty to purchase all of the TWDB share
in the line from Denton to the point of use. Denton would
continue to pay its pro rata debt service for the local share
(or purchase that part also).
• Denton would have a continuing option to purchase the line to
its City limits at District's actual cost. Denton would be
required to purchase the entire line to the City limits when
sales by Denton to Denton customers reaches an average of
150,000 gallons per day. That part of debt service attributed
to principal which has been paid by Denton will be credited to
the purchase price of the line.
• Sanger would take or pay for 150,000 gallons per day.
• The price to Sanger would be based on actual cost until such
time as other elements of the Regional Water Project are in
service. At which time, the price to Sanger would be the
average regional price.
• Preliminary Estimate of Price (per 1,000 gallons) _ $ 2.05
Less Credit for $100,000
Participation in Project 0.20
Estimated Net Price 1.85
Less Special Raw Water Credit 0.38
(First Year) 1.47
When other customers are served by District, the price will be
averaged.
• Denton would assure delivery of 1.5 mgd when needed,
reinforcing the system as needed in future years.
TET:jlf
C.IWP5I/DOCUMEHT�PIPE-E6M.PR0
March 11, 1992
CITY OF SANDER
P. Q. BOX 578
SANGER, TEXAS 76266
NIEM(JRANDUlVI #2010
T4: Honorable Mayor & Members of the City Council
DATE: March 13, 192
SUBJECT: Authorization to Bid Municipal Swimming Pool
Budget Allocation - $ ISZ,
Grant Allocation - 1039250
This is a tentative agenda item as I will be in Austin Friday meeting with the
engineer for the Texas Parks and Wildlife Department's Grants4n-Aid
section and with a representative of the Texas Architectural Barrier
Commission. If I receive any proceed authorization on this project,
I felt that this should be on the agenda. If they do not authorize the project,
staff will request you table this item until we are allowed to proceed.
JH:es
Enclosure
SECTION A
ADVERTISEMENT FOR BIDS
Sealed proposals addressed to the Mayor and City Council of the
City of Sanger, 201 Bolivar Street, Sanger, Texas, 76266, will be
received at the office of the Mr. John Hamilton, City Manager until
Dom. on 1992 , for the following
project:WINN
MUNICIPAL SWIMMING POOL & FACILITIES
SWITZER PARK
Bidders must submit with their bids a Cashier's Check in the amount
of five percent (5%) of the maximum amount bid, payable without
recourse to the City of Sanger or a Proposal Bond in the same
amount from a reliable S,,rety Comp any as guarantee that the Bidder
Will enter into a contract and execute bond and guarantee forms
provided within ten (10) days after notice of award of contract to
him.
The successful Bidder must furnish performance and payment bonds
each in the amount of 100 percent (100%) of the contract price from
Ij an approved Surety Company holding a permit from the State of
Texas, to act as Surety and be acceptable according to the latest
list of companies holding certificates of authority from the
Se
cretary of Treasury of the United States, or other Surety or
Sureties acceptable to the Owner.
E
All unit prices must be stated in both script and figures. The
f Owner reserves the right to reject any or all bids and to waive
formalities. In case of ambiguity or lack of clearness in stating
the price in the bids, the Owner reserves the right to consider the
F most advantageous construction thereof, or to reject the bid.
Unreasonable or unbalanced unit prices will be considered
sufficient cause of rejection of any bid or bids.
Bidders are expected to inspect the site of the work and to inform
themselves regarding local conditions and conditions under which
f; the work is to be done. Attention is called to the provisions of
the Acts of the 43rd Legislature of the State of Texas and
subsequent amendments concerning the wage scale and payment of
prevailing wages specified. Prevailing wage rate will be as
lip established by the City of Sanger for this project.
Instructions to Bidders, Proposal Forms, Specifications, Plans and
Contract Documents, etc. , may be examined without charge, or may be
obtained at the office of Hunter Associates, Inc., Consulting
Engineers, 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231,
for a fee of Thirty Dollars ($ 30.00), non-refundable.
ATTEST: CITY OF SANGER, TEXAS
Nel Armstrong, Mayor
City of -Sanger
A-1 N91038E
SECTION B
INSTRUCTION TO BIDDERS
` Sealed Proposals addressed to the Mayor and City Council of the City of
Sanger, 201 Bolivar Street, Sanger, Texas, 76266, (hereinafter referred to
as the Owner) will be received at the office of Mr. John Hamilton, City
Manager until p.m. on 1992 , for the following
project:
MUNICIPAL SWIMMING POOL & FACILITIES
SWITZER PARK
All bids must be made on the blank form of proposal.
Each bid must be accompanied by a certified check or bidder's bond payable
to the Owner for five percent (5%) of the total amount of the bid. As soon
as the bid prices have been compared, the Owner will return the check or
bond of all except the three lowest responsible bidders. When the contract
is awarded, the checks or bonds of the two remaining unsuccessful bidders
will be returned. The check or bond of the successful bidder will be
retained until the contract and surety bond have been executed and approved,
after which it will be returned.
A performance and payment bond in the amount of 100 percent (100%) of the
contract price with a corporate surety approved by the Owner and Engineer,
will be required for the faithful performance of the contract, and the
bidder shall state in the proposal the name and address of the surety or
sureties who will sign this bond in case the contract is awarded to him.
The party to whom the contract is awarded will be required forthwith to
execute the contract and a performance and payment bond within ten (10)
calendar days from the date when the written notice of the award of the
contract is mailed to the bidder at the address given by him. In case of
failure to do so, the Owner may, at his option, consider that the bidder has
abandoned the contract, in which case the certified check or bidder's bond
accompanying the proposal shall become the property of the Owner.
The Owner reserves the right to reject any and all bids, but if awarded, the
Contract will be awarded to the lowest responsive, responsible bidder.
Contractor's proposals shall hold firm for sixty (60) days to allow the
owner to complete its financing arrangements. Mutually agreed upon
extensions of time may be made if necessary.
Before the award of the contract, any bidder may be required to furnish
evidence satisfactory to the Owner and to the Engineer of the necessary
facilities, ability, and pecuniary resources to fulfill the conditions of
the said contract.
Prior to signing the contract, the Contractor may be asked to submit on a
form acceptable to the Owner and Engineer, an overall construction schedule
for the project. This construction schedule shall start with the proposed
date of signing the contract, and the completion date shall be the date
specified in the contract.
City
of Sanger
N91038E
Bidders must satisfy themselves by personal examination of the location of
the proposed work, by examination of the Plans and Specifications and
requirements of the work and the accuracy of the estimate of the quantities
of the work to be done and shall not at any time after the submission of a
bid dispute or complain of such estimate nor assert that there was any
misunderstanding in regard to the nature or amount of work to be done.
The Construction Contract and the Detailed specifications contain the
provisions required for the construction of the project. No information
obtained from any officer, agent, or employee of the Owner or any such
matters shall in any way effect the risk or obligation assumed by the
Contractor or relieve him from fulfilling any of the conditions of the
contract.
Proposals which are ii�co�aiplete, unbalanced, conditional or obscure, or which
contain additions not called for, erasures, alterations or irregularities of
any kind or which do not comply with the Notice and Instructions to Bidders
may be rejected at the option of the Owner.
A bidder may withdraw any proposal he has submitted at any time prior to the
hour set for the closing of the bids provided the request for withdrawal is
signed in a manner identical with the proposal being withdrawn. No
withdrawal or modification will be permitted after the hour designated for
closing the bids.
The Contractor shall acknowledge the receipt of any addenda on the proposal
form and the addenda shall become a part of the Contract Documents.
Computation of quantities that will be the basis for payment estimates, both
monthly and final, will be approved by the Engineer.
The Word "Owner" means the City of Sanger, Texas, The Owner will be
responsible for payment in accordance with the terms of the Contract.
The Word "Contractor" means the person, firm or corporation to whom the
award is made. Subcontracts as such will not be recognized.
SMIM The Word "Engineer" refers to Hunter Associates, Inc., 8140 Walnut Hill
Lane, Suite 500, Dallas, Texas 75231, designated by the Owner as its
engineering representative during the course of construction to make
appropriate inspections and computations of payments.
CITY OF SANGER TEXAS
Nel Armstrong, Mayor
h
City of Sanger
B_2 " _s N91038E
s
a
SECTION P
PROPOSAL
CITY OF SANGER
SWITZER PARR
MUNICIPAL SWIMMING POOL & FACILITIES
N91038E
1992
Having carefully examined the Information for Bidders, the General
Conditions of the Contract, and Detailed Plans and Specifications,
the undersigned bidder hereby proposed to do all the work and furnish
14 all necessary superintendence, labor, machinery, equipment, tools and
materials, and to complete all the work, as specified and as shown
on plans, and as required by the contracts to which this refers, for
the construction of all items listed at the prices shown for each
item on the following bid schedule.
The bid schedule attached lists the various divisions of construction
0 contemplated in the Plans and Specifications. Bid prices must be
shown in Words and Fi ucures for each item listed in the Proposal, and
in the event of discrepancy, the words shall control.
Receipt is hereby acknowledged
Contract
Documents:
Addendum No. 1 dated
f thfollowing
oe addenda to the
Received
Addendum No. 2 dated Received
NP Addendum No. 3 dated Received
All the various phases of work enumerated in the detailed
specifications with their individual jobs and overhead, whether
specifically mentioned, included by implication or appurtenant
thereto, are to be performed by the Contractor under one of the items
listed in the bid schedule, irrespective of whether it is named in
said list.
Bidder agrees to perform all of the work listed in the proposal and,
as described in the specifications and shown on the plans, for the
following prices for each item:
kv
City of Sanger
P -1 N91038E
`:
{
f�;..=
:_
CITY OF BANGER
SWITZER PARR
MIINICIPAL SWIMMING POOL & FACILITIES
N91038E
NO. OF ITEM AND IINIT PRICE (FILL
ZTEM NO. IINITS IINIT IN BOTH SCRIPT AND FIGIIRES)
BASE BID•
TOTAL AMOIINT
P.1 1 L.S. For furnishing all labor,. materials,
tools, equipment and supervision for
the construction of the swimming pool,
installation of pump facilities and
building, and all appurtenances,
plumbing, and electrical, including
cleanup, all in accordance with the
plans and specifications, for the sum of:
Dollars
Cents
($ ) lump sum $
P.2 1 L.S. For furnishing all labor, materials,
tools, equipment and supervision for
the construction of the wading pool,
installation of pump facilities, and
building, and all appurtenances,
plumbing, and electrical, including
cleanup, all in accordance with the
plans and specifications, for the sum of:
Dollars
Cents
($ ) lump sum $
TOTAL AMOIINT BID (ITEMS P.1 - P.2)
ADD ALTERNATE•
1 L.S. For furnishing all labor, materials,
tools, equipment and supervision
for the installation of the lanes
in floor of swimming pool, all in
accordance with the plans and
specifications, for the sum of:
($
P-2
Dollars
Cents
lump sum
City of Sanger
N91038E
CITY OF BANGER
SWITZER PARR
MIINICIPAL SWIMMING POOL is FACILITIE8
N91038E
;,
�-� • •
- . � �
� • v•U.Y4
A.2 1 L.S. For furnishing all labor, materials,
tools, equipment and supervision >
for the installation of "Kool-Crete"
over the entire swimming pool surface,
all in accordance with the plans and
specifications, for the sum of:
Dollars
Cents
cS
lump sum
TOTAL AMOIINT ALTERNATE BID (ITEMS A.1 - A.2)
TOTAL BASE BID (ITEMS P.l - P.2):
TOTAL ALTERNATE BID (ITEMS A.1 - A.2):.
TOTAL AMOUNT BID:
NOTES:
1. Project acknowledge signs shall be provided and considered
to be subsidiary and included in those bid items in the
final contract.
2. A portion of this project is being funded by a grant from the
Texas Parks and Wildlife Department. Funding Breakdown: 50%
City, 50% State.
� �,
r �,�t
P-3
City of Sanger
N91038E
CITY OF SANGER
SWITZER PARR
MUNICIPAL SWIMMING POOL is FACILITIES
N9103SE
Aq
SUMMARY STATEMENT OF MATERIALS AND SERVICES
so
Total Material Cost Based Upon Estimated Quantities $
Total Services Cost Based Upon Estimated Quantities $
Total Contract Price Based Upon Estimated Quantities $
1. The total materials cost based upon estimated quantities plus
the total services cost based upon estimated quantities MUST
equal the amount shown for the total contract price based upon
the estimated quantities.
2. The Contractor will be responsible for the payment of all taxes
in compliance with the laws of the State of Texas and the
United States.
3. Any reference to taxes within these documents which is in
conflict with the Tax Laws will be deleted from the project.
P-4
City of Sanger
N91038E
The Owner reserves the right to delete any bid items or portions
thereof. If the Owner elects to delete any portions of the project
from the contract, then the contract can be awarded on that basis.
The undersigned Bidder hereby declares that he has visited the site
of the work and has carefully examined the Contract Documents
pertaining to the work covered by the above bid, and further agrees
to commence work within ten (10) days after the date of written
notice to do so, and substantially complete the work on which he
had bid within consecutive calendar days.
Enclosed with this proposal is a Certified Check for:
Dvliai`s
or a Proposal Bond in the sum of:
Dollars (S �
which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event this proposal is accepted by the
Owner within sixty (60) days after bids are received and the
undersigned fails to execute the contract and the required bond for
the Owner within ten (10) days after the date said proposal is
accepted, otherwise said check or bond shall be returned to the
undersigned upon request.
Contractor
By:
Address
City
Telephone Number
Facsimile Number
State
ZIP
City of Sanger
P-5 N91038E
�NN
ilk mg M Vatmw A ♦ •Id
itlli*:\� _�L � ii•
TO: Honorable Mayor and Members of the City Council
FROM: John Hamilton, City Manager
DATE: March 13, 1992
SUBJECT: Proposal Sewer Line Ward/Willowood Addition
We have been discussing the much needed construction of this sewer line to
relieve the back-up on the residents of the Ward Addition for over two years.
As early as September 1988, this project was discussed as part of developer
Don Sable Willowood Addition. When Mr. Sable would not proceed with his
development, Council instructed Hunter Associates to design this alternate
relief line as indicated by the yellow line on the enclosure. The most
easterly property owner, Joe Falls has yet to agree to a proposed easement
across his property. During a meeting with our engineers on Wednesday,
March 11, 1992, Mr. Falls agreed to a route across his property and then
questioned us regarding our proposed water well. When told that it was very
probable that the elevated tank would be constructed on a site donated by
the Lane family near the cemetery,
Mr. Falls became insistent that the Lanes' should decertify their landing
strip and allow the construction of the tank at the east border of his
(Mr. Falls) property. When your staff told him that both money and the offer
of the Lane family appeared to dictate the Cemetery site, Mr. Falls stated
that he would not agree to the sewer easement until, in my opinion, the City
located our water .tank at his desired location.
If Mr. Falls does not reconsider, we are faced with either a much mare
expensive collection line project along existing easements north from the
Ward Addition or condemnation proceedings against Mr. Falls. The last
imminent domain proceeding by the City cost approximately $7,000 and
took several months to complete. I have requested a summary and cost
estimate on such a proceeding from our Consulting City Attorney.
JH:es
attachment
t
u � I -J �...J �.�.W S T
ERRY
�, U
G �
��e-
U
S T.
use
F- o
� �_
� _
H
z
� _
x �
� �
7
O
k
WOOp
' 4 (!1
MARSHALL L
S7.
CHURCH
s r.
usrlN
I I --, �� _ s r.
� L II-
r Hous rory
FLU
0
Z
0
v
w
sr
1 �9 A.:. i � _ ..r
S ITFf ST.
H
oKIF'�Ki �N � �S
J
a �
a
TN
---=
r - -
:r,
�.
W
�� � \ -
., J
✓�
SEwac
Ronald J. Neiman
Margaret E. Barnes
Neiman & Barnes
a professional corporation
Attorneys At Law
386 W. Main / P.O. Box 777
Lewisville, Texas 75067
March 12,
Mr. John Hamilton, City Manager
City of Sanger
r. C. Box 578
Sanger, Texas 76266
Dear John:
1992
SVXSl `tJS!DNVS
2A5
RE: Condemnation of Easement
Ph.:
214/436-1558
Fax:
214/436-1349
You requested a general outline of what it takes to condemn
an easement. Basically, condemning an easement is the same process
and procedure as condemning fee title to the property. I will
attempt to give you a thumbnail sketch of a condemnation.
First, a qualified appraiser needs to make a determination of
the value of the property to be taken. Next, an offer needs to be
made to the property owner to compensate him for the property which
is to be taken for public purpose. If the offer is refused, or not
answered, the city can then initiate a proceeding in eminent domain
(a condemnation case) in county or district court. The judge of
the court then appoints three disinterested persons to serve as
special commissioners. The special commissioners then set a date
to hear the case and, at that time, they determine a fair value for
the property which is taken by the city. The city next deposits
the amount awarded by the special commissioners into the registry
of the court, and the city may then commence use of the property.
If either the city or the property owner is dissatisfied with the
amount set by the special commissioners, either side can appeal the
case back to the court and have a jury determine the fair value of
the property. The appeal can take quite a long time to come to
trial, etc., but that does not prohibit the city from commencing
with usage of the property. All it takes is a deposit of the
amount set by the special commissioners, and the city is then free
to use the property in the manner it desires.
As a practical matter, once an appraisal is obtained, we
normally give the property owner 20-30 days to respond, and if
there is no chance for settlement, the suit can be commenced, and
as a general rule, the deposit of the special commissioners award
- can usually be made within 30-45 days.
Mr. John Hamilton,
City of Sanger
March 12, 1992
Page 2
City Manager
Depending upon the complexity of the case,
commissioners' fees and attorney's fees will probably
of $2,000.00 (excluding the cost of the appraiser).
cost for a normal right-of-way acquisition has been
$3,000 range during the past year.
court
costs,
run a minimum
The "average"
n the $2,500-
It should be noted that there rarely is an appeal of the
special commissioners' award. The property owner gets his "day in
court" before three special commissioners who own real estate in
the county; and. most people feel that. a,. jury would probably not do
much different. The hearing before the special commissioners is
very informal, and the property owner is not required to have an
attorney.
Please advise if I may be of additional information.
Sincerely,
Ronald J. Neiman
RJN:dmy
ITTUFiAUEA
Pa Oa BOX
•
•
1 ..t •Y
Honorable Mayan &
Jahn Hamilton, CityOil
March 13, 1992
City Administration
zz
s
of the City Council
1). No new news an the marina project.
2). The Board of Adjustment met Thursday night, 3/ 12/92, and approved
a request by Donald Tuttle and Ronnie Jones to contruct a new, single
family residence on a 50 X 100 ft. lot
JH:es
Ronald J. Neiman
Margaret E. Barnes
Neiman & Barnes
a professional corporation
Attorneys At Law
386 W. Main / P.O. Box 777
Lewisville, Texas 75067
March 3,
Mr. John Hamilton, City Manager
city of Sanger
P. O. Box 578
Sanger, Texas 76266
Dear John:
1992
Ph.: 214/436-1558
Fax: 214/436-1349
e. �, C. �,
��Q A�� ��,s, �����������
RE: Bank Loan for Street Improvements
You inquire about the City's considering borrowing funds in
the form of a promissory note to be given to .the bank which serves
as a depository for the City. You state that this will be a short-
term loan with all principal and interest to be paid shortly after
the beginning of the next fiscal year.
As I understand the transaction, this would, in essence, be
an unsecured promissory note to the bank, with the proceeds to be
used for municipal streets or facilities. In my opinion, the City
is authorized to borrow such funds under the authority of Section
51.035 and Section 101.005 of the Local Government Code. These
statutes provide that the governing body of a city such as Sanger
may borrow money based upon its own credit.
In the event a longer term payout is required, you may want
to consider other financing methods. At this time, however, the
City Council will only need to pass a borrowing resolution stating
the amount and purpose for which the proceeds will be used.
Please advise if I may be of additional assistance.
Sincerely,
-�_
Ronald J. Neiman
RJN:dmy
CITY OF SANGER PAGE 1 41.1 OF YEAR COMPLETED
3(11(92 12,01 .3-6 8 0 X 578
SANGER, TEXAS 76266
REVENUE SUMMARY
fOR CURRENT] ERI00 FROM 02 01 92 TO 02 29 92
FISCAL
MONTHLY
TO
GATE
APPROPRIATION
AMOUNT
AMOUNT
GENERAL FUND REVENUES
AD VALOREM TAXES 336,300 19,503.51 291,537.)8
PENALTY L INTEREST TAXES 11,000 693.30 4,000.35
SALES TAX I10,500 101645.68 421495.37
FRANCHISE FEES 91,500 1,162.54 21324.08
FIRE SERVICE - DENTON COUNTY 189100 5,000.06 8,910.00
SOLID WASTE COLLECTION 153,840 121101.41 64,640.61
LANDFILL PERMITS 41900 201.00 579.00
CONSTRUCTION PERMITS 8,500 144.30 11605.30
MUNICIPAL COURT 15,400 1,045.50 3,165.15
LIBRARY - DENTON COUNTY 10,150 .00 2,788.50
HEALTH PERMITS 1,200 100.00 525.00
SWINNING POOL 81000 .00 .00
OTHER INCOME 15,100 794.48 16,204476
INTEREST INCOME 51300 304,74 1,246.12
SUBTOTAL (REVENUES) 190,390 62,296.52 440,022.62
TRANSFERS 's21,445 .00 54,514.16
TOTAL FUNDS AVAIL. TO G.F. 11117,835 62,296*62 494,596.18
ENTERPRISE FUND
OF BUDGET
66.1
36.4
38.5
2.5
44,2
42.0
11.8
18.4
20.6
25.9
43.8
101.3
Z`s.5
55.I
16.1
44.2
WATER SALES 355,400 28,340.25 144,083.24 40.5
WASTEWATER SERVICES 260,000 20,199.51 I84,052.92 40.0
PENALTIES UTILITIES 40,000 41453.48 18,658.70 46.6
WATER(SEWER TAPS 5,000 350.00 2/300000 46.0
CONNECT(TRANSFER FEES 81000 600.00 3,520.00 44.0
ELECTRIC SERVICE 21343,OD0 150,314.15 106,353.96 30.1
OTHER INCOME 14,450 2,290.14 10,973.46 15.9
INTEREST INCOME 40,500 1,532.98 13 051.28 4a.6
SUB -TOTAL 3,066,350 2081681.12 11007,993.56 32.9
TRANSFERS (321,445) .00 (54,514.16) 16.1
TOTAL FUNDS AVAIL. TO E.f, 21138,905 208,681.12 953,419.40 34.8
T0TAL REVENUES 318561740 2701977.64 114481016618 31.5
CITY OF S A H 6 E R PAGE 1 41.7 OF YEAR COMPLETED
3/11192 14;42 . 3 - 6 8 0 X 578
SANGER, TEXAS 76266
EXPENDITURE SUMMARY
FOR CURRENT PERIOD FROM 02 01 91 TO 02 29 92
FISCAL MONTHLY TO DATE %
APPROPRIATION AMOUNT AMOUNT OF BUDGET
GENERAL FUND
N A Y 0 R 6 COUNCIL 14,120 11516.64 61842.02 46.5
ADMINISTRATION 104,649 21214.44 14,562.27 13,9
PUBLIC WORKS ADMINISTRATION 35,782 4,713.23 26,168.26 73.1
VEHICLE MAINTENANCE 22,994 301.41 1,599.56 1.0
LIBRARY 42,383 16,614.92 26,935.18 63.6
POLICE 2851118 351887658 134,302a81 47.1
SANTTAT_TO_N 150.891 18.403.57 51.464.73 38.1
STREET 162,243 6,591.85 64,931491 40.0
CONTRACTUAL SERVICES - TAXES 5,102 30.00 2,430.16 47.6
A A 8 U L A N C E 11,600 .00 2,416.50 20.8
CONTRACTUAL SERVICES HEALTH 1,800 60 325.00 18.1
SENIOR CENTER 9,050 400.01 6,960.65 76.9
FIRE DEPT, 95,119 31929649 20,660,23 21.7
PARKS 9,012 652.39 21961a18 32.9
SUMMER YOUTH PROGRAM GF 41500 .00 .00
SWIMMING POOL 24,873 .00 200.00 .8
COMMUNITY CENTER 41350 82.54 11423.65 32.7
SUB -TOTAL 984,192 91,464,07 370,184.71 31.6
REQUIRED SAVINGS 5100 425.00 2125.00 42.0
DEBT SERVICE 1231968 .00 17,364100 14.0
TOTAL G.F. EXPENDITURES 11113F260 91,889.07 389,673.71 35.0
ENTERPRISE FUND
WATER 193,875 22,918.00 87,563.87 4S.2
WASTEWATER 112,920 61201,41 441201.39 39.1
WASTEWATER COLLECTION 1371562 71310.24 16,533.56 12.0
ELECTRIC 1,621,393 104,695.22 549,899.94 33.9
UTILITY BILLING 1080000 9,895.72 46,602.63 43.2
MAYOR 6 COUNCIL 14,720 (369.15) 61494,31 44.1
ADMINISTRATION 104,649 91687,41 77,008.48 73.6
VEHICLE MAINTENANCE 22,994 21254.27 16,171.02 70.3
PUBLIC WORKS ADMINISTRATION 35,182 956.16 6,554.67 18.3
CONTINGENCY FUND 131,843 .00 221018.23 16.7
REQUIRED SAVINGS 5484 357.00 1785oo 33.0
DEBT SERVICE 2541258 1146.04 67,969.17 27.0
TOTAL E.F. EXPENDITURES 27434.80 165,051.72 942,808.27 34.3
TOTAL EXPENDITURES 3,856,740 256,940.'79 1,332,481.98 34.5
b
CITY OF BANGER
P.O. BOX 578
BANGER, TEXAS 76268
MEMORANDUM
TO: John Hamilton, Clty Manager
FROM: $iu Murrell, Fire Chief
DATE: March 5, 1992
SUBJECT: Fire Call
On Wednesday, February 26, 1$92 at 10:4�3 a.m., Sanger Fire Department
EMS Personnel responded to heart attack patient not breathing.
Sanger Fire De�artrnent personz�,el -Keith Newton and Bill .Murrell arrived
at 10:�48 am. Mr. Klein. was found unconscious with no pulse and agonai
respirations. CPR was instated immediately. Curtis Amyx, Calvin Tipton.
Chuck Tucker, Craig 'Waggoner, and Randy Cain arrived a few minutes later.
A team effort was started immediately on CPR and gathering information.
Officer Humble and Chief Erwin on the Sanger Police Department was on
the scene also. Denton 503 MIGU arrived andapplied shack treatment, Mr.
Klein regained a pulse and blood pressure before leaving his home.
Each Fire Department .has received a personal written thank you from the
Chief of the Department. Without the supporting roes of Officer Humble
and Chief Erwin, the scene would have been less manageable. � I would like
for a copy of this m�emn to be included in their file.
�= ► : ''�
1" �
rn
Charles W. Jenness, Clrairnan Wesley G. Pittman, Vice <.%rairnrccn
Thomas M. Dunning, i1lendwr Craig D. Pedersen, William B. \iaddcn, :Ileac/mr
Noe Fernandez, Me ember ExecativeAdminisma/or Luis Chavez, rtlencbec•
THE CITY OFSANGER
MAR 12 1992
EC FIVE
SANGER, TEXAS
MARCx 11, 1992
IMPORTANT NOTICE
TO ALL INTERESTED PARTIES:
Re: Federal Regulations Limiting Ability to Reimburse Costs Paid
Prior to Bond Issuance
The Internal Revenue Service issued on January 30, 1992 new Treasury regulations
(26 CFR 1.103.18 - Proceeds of Bonds Used for Reimbursement) governing the use
of tax-exempt bond proceeds to reimburse expenditures paid prior to bond issue.
These regulations are effective for bonds issued after March 21 1992 without
regard to when the costs to be reimbursed were paid. Under these regulations
three general requirements must be met in order for a reimbursement allocation
of bond proceeds to qualify as an expenditure of bond proceeds with respect to
arbitrage compliance:
1) On or before the date the expenditure that is being reimbursed is paid, the
issuer must declare a reasonable official intent to reimburse the expenditure.
This requirement does not apply to preliminary expenditures such as
architectural, engineering, survey, soil testing, bond issuance and similar costs
not exceeding 20% of the issue price. This requirement does apply to
expenditures that are incidental to the commencement of construction such as land
acquisition, site preparation and similar costs.
2) The allocation of reimbursement bond proceeds to an expenditure must generally
occur on or before the latter of either the date one year after the expenditure
was paid or the date one year after the property was placed in service.
3) The reimbursed expenditure must be a capital expenditure under general Federal
income tax principles.
This notification is sent in an effort to alert you to the potential implications
of these new regulations and is not an interpretation of the regulations on the
part of the Texas Water Development Board. You are encouraged to contact your
bond counsel for advice to determine the effect, if any, the regulations may have
on any of your ongoing projects.
Sincerely,
Dan Black
Development Fund Manager
(512) 463-0991
P.O. Box 13231 • 1700 N. Congress Avenue • Austin, "Texas 78711-3231
Telephone (512) 463-7847 `I'eleChi x (512) 475-2053
® Piro/ed uu Recycled Paper
Texas Com�xiission on
Fire Protection
.►�L�������1��
P.O. Dox 2286 • Austin, Texae 78768-2286 • (572) 322-3550 • FAX (512) 322-4377
February 18, 1992
� ��►NGER
Jim .Conley
Sanger Fire Department
802 North 4th Street
Sanger, Texas 76266
Re: Monthly Information Report/Monthly Fire Prevention Report
Dear Fire, Marshal/Fire Chief:
Andrew F. Mehl We have enclosed tFie 1992 Monthly Information Report forms and a sheet listing the definitions
Chairman of .each, category. Please use these forms to document the type��and amount �of fire:�prevention
II Paso
activities performed: � .. � ,
Roy Chapman
Vice Chairman
Abilene The Texas Commission on Fire Protection has recently received the responsibility to conduct key
David Burkhart rate inspections and recommend key rate changes to the Texas Department of Insurance.
Secretary Following these recommendations, the Texas Department of Insurance has the responsibility to
Arlington consider them and publish key rate changes.
Ronnie James
Wichita Falls We use the information provided on these forms in our evaluation of the level of fire prevention
Pat Hughes activity within your city. An acceptable number of fire prevention inspections and a sufficient
North Richland
1-lills level of other fire prevention activity must be performed to avoid an associated $.03 key rate
Armando Caceres charge.
Corpus Christi
Alonzo Lopez We recommend that all commercial, industrial, apartment, and hotel structures receive a
Kingsville thorough. fire prevention inspection at least once each year. Institutions .and public, buildings
Larry McKee should be inspected at least twice each year. More frequent inspections are recommended
Austin where high hazard situations exist. It is essential that the city have a program which will
Gerald Hood maintain this level of activi .
Benbrook, ty
Elizabeth Jane
Atcnley Other factors which influence our determination of fire prevention activities are: fire cause
Lefors investigations, public education programs, an adequate number of fire prevention personnel, and
Steve Perdue systematic plan review of nonresidential construction. A city must have an ordinance which
Mineral Welts establishes the existence and responsibilities of the fire marshal's office. Key rate credit for
Jan Stalder completion of recognized fire prevention courses taught of the Texas A&M Municipal Firemen's
Parker Training School, is granted only when a city has a history of sufficient monthly reporting.
Michael E. Hinrs Piease include the permanent return address for future fire prevention correspondence on the
Executive Director back of each of these reports. If you have any questions concerning fire prevention or the city's
key rate please contact us at the above address or telephone number.
Ernest A. Emerson
State Fire Marshal Sincerely, I
�`, /�`
i'�//�
Mike Williams, Chief Engineer � ,�q �'
Engineering Department
cc: �' City, Manager/City Secretary
5
Li
44
H BER N I�Lpl
EW
':1 :,1. P i +hit
'
41,
March 1992 Sanger Area Chamber of Commerce ;..�•,.
IF
,.
NEWS ABOUT ' TOWNto IF
(•
1,
J
i.;' "� tilli'!� ". t r '�til'i� I���1Fi �'4,'�'r
Congratulations -
to the Sanger Library Board' for, ` �,3 I it
finalizing its selection of a ' site for our future ..,I I 1'1' y "'
library and to the City Council for approval'. ;' A
t,' ,1'i I' `,�.':
Now, let's al,l work together�to get it built and
operating so l that our children can enjoy 'it 1,1 1 1i; `.
i
The Sanger Beautification;Council has announced our
participation in the "Texas Trash'Off" Day..,1A11: 1 ,�`IF
cities are encouraged to help clean up Texas on'
Saturday, April 4th. Dumpsters will be placed:on I4
the Church of Christ parking.lot for'your to Ii,Ptiti.
convienence from 9 a.m. to 12 p.m. Trash bags; will ' ;; '`
be available, and volunteers are needed help with
Fill
the city wide clean up. Contact Esta Ashcraft if I
you have any questions, or would like to volunteer
your services for the morning, ' or call Karen ' at our FILL
office.IF
The Sanger High School Junior Varsity Boys,'.Varsity ,i
Girls, and Varsity Boys will be competing in'a track
meet Thursday ..March 12th at Southlake Carroll.
Events begin at 4 p.m. and continue until ??? If ''`'F.
you can make it,.the kids would really,apprieciate
your support!
0,11 Jill
Also, baseball is in fulliswing... check the.;,Courier
for a complete schedule, Come out and show) your.
support of Sanger Schools atheletic programs.'
AUCTION I,
The Chamber office has been gearing up for this
years' Auction. The officers 'and directors met with:;
Auctioneer Mike Jones. on Feb. 18th to begin final .
plans. Mike offered some, new ideas to the group' '
and several suggestions.' Since the auction makes up
about 50% of our yearly budget....it needs,to IIfIF L
become better 'each year. Anyone out there with ''any ( 14 `}y '' {
ideas are certainly welcome to come join out next �� %t 'f `1
in the planning.' March 12th at,7PM immediately" t
following the Chamber Mixer, is our next scheduled
meeting. Since everyone will be at GNB for the If.�'
"Mixer", the meeting will.be held there.
GOLF TOURNAMENT r,:
All of you men get ready .... the time for our'annual
golf tournament is fast approaching! Remember this o
date and mark you calendar....APRIL 261 More about' .�'
ii ( .
that later.... r ��
ATTENTION DOG AND CAT OWNERS
Our Rabies Clinic will be held on Saturday, April
4th at the Downtown city park from 10 a.m. to 2 p.m.
The cost is only $6.00. Dr. Lynn Stuckey will be
donating his services once again this year. The
proceeds of the Clinic will go to the McDaniel
Scholarship fund. Be sure and bring your pets!
We could always use workers to help with the
paperwork ... if you have a free hour or so, please
call Judy Webster at 458-3004 or Karen at the
office.
WELCOME GLOBAL NET INDUSTRIES, and Mr. Paul
Marcelli, President as our most recent addition to
the Chamber and to the community. Also, our 1991
Citizen of the Year, Mr. Gene Hughes, and United Way
of- Denton, Inc. for making an investment in the
Chamber.
In our March 3rd, Directors meeting the board
approved the purchase of new Compudyne computer
w/keyboard and color monitor. Thanke to Ed
Fleissner we got a great deal. Come by the next
time your downtown and see our newest addition to
the office. Karen is once again a "happy camper!"
Finally, Kim Clarke has been searching our records
for little "tiu bits" of information to pass on to
everyone....last month I didn't have room for them
�.iia now this month he's too late!!!!! Better luck
next month, Kim!!!!!
REMEMBER, SEE YOU AT THE MIXER, THURSDAY, MARCH 12TH
FROM 5 TO 7 PM.
THANKS to our
B&W Backhoe
Burrus
Dairy Queen
Cooke County
College
investment renewals
Bounds Paint
Centel
Diversified
Mechanical
Horizon
M/M Bill McClellan
Snap Shop Dr. Ben Smith
See you next month!!!!!
this month....
Bolivar Water
DCEC
Denton Publishing
Muir Agency
Sanger ISD
t ._ _ • so,._
GOVERNMENTAL SERVICE AGENCY, INC.
March 69 1992
City of S anger
Attention: John Hamilton
P.O. Box 578
Sanger, Texas 76266-0578
Dear John:
Pursuant to our meeting on Monday, February 24, we are currently in the process of
making the revisions to the City of Sanger Code of Ordinances as we discussed. I am
certain the final result will be one of which you will be proud.
I have enclosed a list of the changes to be made pursuant to our meeting. You will
probably want to briefly review this list with your copy of the code and the editorial and
legal review I provided you with to make certain that these are in fact the changes as we
discussed. If not, please contact me as soon as possible. I have also enclosed the sample
provisions we discussed. These will be put into your code unless you have any objection
to any of them. As requested, I wrote these provisions to be fairly general, yet in
accordance with the new state laws. Again, please contact me if you have any comments,
suggestions, or questions about these.
At this time we do not have copies of the 04 of Sangers' franchise agreements. Please
send these to me at your earliest convenience for inclusion in the final code book. Of
course, no changes whatsoever will be made to these agreements and they will be included
merely for reference. We would also like to have a copy of the city's drug testing policy
for inclusion in the appendix of the final code book. Also, please find the enclosed invoice
for services rendered to date by Governmental Service Agency, Inc.
Thank you for your time and I look forward to meeting with you again. Please feel free to
contact me if I can be of any assistance to you.
OVER�11�!IENTAL SERVICE AGENCY, INC.
R. Kirk Franklin
Counselor at Law
Lyndon Plaza 10935 Estate Lane, Suite 475 Dallas, Texas 75238 (214) 553-7070 Fax (214) 553-7098
('HAPTER l: GENERAL PROVISIONS
Section 3 has definitions for some of the terms to be used throughout the code. While
these definitions are acceptable, a more complete list might better serve the purpose of this
section. The following is a list of some definitions which will also be included:
�. Where used, the act referred to is permissive as opposed to mandatory.
Shall. Where used, the act referred to is mandatory as opposed to permissive.
V.A.C.S. Abbreviation for Vernon's Annotated Civil Statutes,
V T.C.A. Abbreviation for Vernon's Texas Codes Annotated.
I.T.C.S. Abbreviation for Vernon's Texas Civil Statutes.
Throughout the code, references are made to penalties for violations. There also exists a
general penalty provision setting forth fine amounts. Instead of stating violation fines in
the section setting forth the violation, reference will be made to the general penalty
provision as controlling. This will avoid any questions should the amounts differ. Also,
should the amount allowed by state law be changed, only the general penalty provision
portion of the code would require revision.
Section 5 pertains to the general penalties for violations of the code. The Local
Government Code at § 54.001 provides that violations of municipal ordinances may be
punishable by fine of no more than five hundred dollars ($500). Violations of ordinances
whose purpose is the protection of fire safety, zoning, or public health and sanitation
(including dumping and refuse) are punishable by fines of no more than two thousand
dollars ($2,000). These penalty amounts will be increased to be in accordance with state
law.
Section 8 fails to provide for the costs of collection of delinquent taxes. The Texas State
Property Tax Code § 33.07 provides that a penalty of fifteen percent (15%) may be
imposed in addition to other delinquency penalties for the costs of collection. This
additional penalty will be provided for.
Regarding taxation, state law provides for municipalities to impose a hotel occupancy tax,
which many cities now do. I will draft and forward to you a model ordinance on this
which, unless it is for some reason unsuitable, can be included in the code.
Section 10 adopts Title 28, R.C.S. of the State of Texas. These provisions have been
recodified and are now located in V.T.C.A., Local Government Code. References
throughout will be revised such that the proper statutory reference is made.
Section 15 fails to provide for a mayor pro tem as required by V.T.C.A., Local
Government Code, § 22.037(b). A provision will be added providing for the election of
mayor pro tern by the council in accordance with the Local Government Code.
Section 16H pertains to removal of the court clerk and deputy court clerk. As written, the
grounds for such removal will affect the employment -at -will doctrine. This will be revised
such that such persons can be removed upon a finding of lack of confidence, etc.
Section 16N pertains to arrests without warrants. This subject is already covered in detail
by state law in the Code of Criminal Procedure. This provislon will be deleted buuallSe IL IS
unnecessary and could be in conflict with state law.
Section 18 requires that damages or injuries for which the City of Sanger is allegedly
responsible be reported to the Mayor and City Council. There is no provision made in this
section for good cause, § 1983 (civil rights) actions, etc. The following will be
incorporated into the text:
"Circumstances where good cause can be shown,
civil rights claims, and actual notice of claims are
exceptions to the time limitations for filing claims."
Section 21 H. provides that it is an offense for a person to maliciously turn in or cause to
be turned ill" false alarm. False alarms or reports are already governed by the § 42.06 of
the Penal Code. The Penal Code at § 1.08 preempts cities from enacting or enforcing a law
that makes conduct covered in the Penal Code an offense and subject to a criminal penalty.
This provision will be deleted since it would be held void because of the conflict with state
law.
Sections 22F, G, H, and I appear to impose penalties on individuals under the age of
seventeen (17) only. This will be revised such that the intended meaning of the provisions
is more clear. Also, these provisions are in conflict with the general penalty provision
found in Chapter 1 of the code. The penalty provisions will be deleted.
As we discussed, this chapter is very outdated and no longer in accordance with state law
in several respects. A complete rewrite of this chapter has done and is being forwarded to
YOU* It will be included in the code as written unless it is for some reason unsuitable.
Included in the new provisions are a dangerous dog ordinance written in accordance with
V.T.C.A., Health and Safety Code, § 822. Also, state law vaccination requirements are
incorporated. As a part of this, a city -issued permit system will be established. Also, a
provision establishing that obnoxious sounds and/or odors (i.e., barking dogs) are a
nuisance is included. The livestock provisions have been rewritten such that they are
consistent with the zoning ordinance.
Section 1 provides for the position of Building Official. Others acting at the direction of the
Building Official should be permitted to perform the Building Official's duties. Provision
will be made such that all duties to be performed by the Building Official be performable by
the "Building Official or his designee."
Section 2D provides for a fine of up to one thousand dollars ($1,000). For reasons
discussed above, this provision will be deleted entirely.
Section 3A sets forth the city's fire limits. Since the building code now being used no
longer uses fire limits, these provisions will be deleted entirely.
Section 3B(4) pertains to the duty of the Building Official to inspect work sites. No
provision is made for instances in which entry by the Building Official is denied. A
footnote regarding search warrant procedures to be used in such a case will be
incorporated.
Section 4C pertains to the duty of the Electrical Inspector to inspect work sites. No
provision is made for instances in which entry by the Electrical Inspector is denied. A
footnote regarding search warrant procedures to be used in such a case will be
incorporated.
Section 4C provides that upon notification by the Electrical Inspector, the Sanger Electric
System is to cut off power. Provision will be included such that proper notice is given to
the customer. (See Bradford v. Edelstein, Mayor of Brownsville, 467 F. Supp. 1361
(1979).)
As we discussed, the current fee amounts for the electrical licenses are probably excessive.
A provision will be included such that licensed individuals need only register with the city
and not actually be licensed by the city. Recognition of licenses from other cities will be
3
provided for, though not on a city -by -city basis. A registration fee of five dollars ($5.00)
will be provided for.
Section 4TVI provides for a penalty of up to two hundred dollars ($200). For reasons
discussed above, this provision will be deleted entirely.
Section 7Q(1) pertains to the duties of the Building Official, the city -county Health Officer,
the Fire Chief, etc. to perform inspections of mobile home parks. No provision is made
for instances in which entry by any of these parties is denied. A footnote regarding search
warrant procedures to be used in such a case will be incorporated.
Section 8G provides for a fine not to exceed two hundred dollars ($200). For reasons
discussed above, this provision will be deleted entirely.
Section 9B(6) provides for a penalty not to exceed two hundred dollars ($200). For
reasons discussed above, this provision will be deleted entirely.
Section 9C(4) provides fora penalty not to exceed two hundred dollars
reasons discussed above, this provision will be deleted entirely.
Section l0A makes reference to the responsibility of local governmental units under Article
1175. Article 1175 (now codified in the Local Government Code) pertains to the powers
of a home rule municipality and is thus inapplicable to the City of Sanger. This statutory
reference will be deleted.
Section lOF(9) provides for a penalty not to exceed two hundred dollars ($200). For
reasons discussed above, this provision will be deleted entirely.
Section 10G(3) mentions the "Appeal Board as established by the community. References
to this board will be revised to read "Board of Adjustment."
Section lOG(3)(j) provides that a variance may be granted "by the community." Probably,
this was meant to say "Appeal Board." This will be revised such that reference is to the
Appeal Board.
4
As discussed, a new section on amusement halls, etc. will replace the existing regulations
on billiards halls, domino halls, and skating rinks. I have forwarded a copy of the new
provisions which, unless for some reason they are unsuitable, will be included in the new
code.
Section 8 pertains to sexually oriented businesses. Several aspects of this section are
somewhat dated and not entirely in accordance with state law. This section has been
revised such that it is in accord with the Local Government Code regarding regulation of
sexually oriented businesses.
CHAPTER 5: FIRE PROTECTION
Section lA requires that the Fire Marshal be removed only for good cause. This will affect
the employment -at -will doctrine. Recommendation: Provide that Fire Marshal can be
removed upon a finding of lack of confidence, etc.
Section 1F provides for a penalty of no more than twenty five dollars ($25) for violations
of this section. For reasons discussed above, this provision will be deleted entirely.
Section 1H and Section lI provide for the power of the Fire Marshal to enter property to
investigate fires and to perform inspections. No provision is made for instances in which
such entry is denied. Recommendation: Incorporate footnote regarding search warrant
requirements.
Section 1J provides for penalties for maintaining fire hazards after being warned otherwise.
For reasons discussed above, this provision will be deleted entirely.
Ordinance #019-91 adopts the Uniform Fire Code. A fine is provided for in the amount of
not more than one thousand dollars ($1,000). For violations of fire safety regulations,
fines can be as much as two thousand dollars ($2,000). For reasons discussed above, this
provision will be deleted entirely.
s
Section 3E provides for a fine of not more than one hundred dollars ($100) for violations
of the fireworks provisions. This fine could be as much as two thousand dollars ($2,000).
For reasons discussed above, this provision will be deleted entirely.
Section 4 provides for an arson reward. While the Mayor is designated as the person to
award such a reward, no standards are established regarding who is to determine eligibility
for such reward. Recommendation: Include a statement providing that the City Council
shall be the sole and exclusive judge in awarding the reward.
The bylaws and constitution of the volunteer fire department will not be included in the new
code.
("HAPTER 6: HEALTH AND SANITATION
Many of the provisions of this chapter are usually included in an additional chapter titled
"Offenses and Nuisances." Included in this chapter by most cities are some things the City
of Sanger may want to consider. First, no provision is made anywhere in the code or in
the ordinances pertaining to the discharge of firearms in the city limits. Most cities entirely
prohibit or at least restrict this practice to some degree. I have forwarded to you a model
ordinance regarding this matter. Also, there is no provision made for the use of sound
amplifiers, etc. Inclusion of such a noise ordinance should likewise be considered. A
model ordinance for this has also been forwarded. These models will be incorporated into
the code unless they are for some reason unsuitable.
Section 1D provides for notification requirements for violations of the provisions Section
1. As of June 5, 1991 the notification requirements for violations of certain sanitation
ordinances were eased. Before a city could impose a fine or assess property owners for
correcting violations of tall weeds and grass, accumulations of unsightly or unsanitary
matter, or pools of stagnant water, notice had to be given either personally to the owner in
writing or by letter addressed to the owner at the owner's post office address if known. If
the owner's address was unknown or the owner could not be personally served, the notice
could be given by publication at least twice within ten (10) consecutive days. Now, if a
person cannot be personally served and the owner's address is unknown, the city has the
option of publishing notice of the violation at least twice within ten (10) consecutive days,
or by posting the notice on or near the front of each building on the property to which the
violations relates, or by posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property contains no buildings.
This section will be revised to be in accordance with the new notification requirements.
Section 2 pertains to glue sniffing. This subject is now regulated by V.T.C.A., Health and
Safety Code, ch. 485. According to § 485.031 of that chapter, the the inhalation of glue to
intoxicate oneself is a Class B misdemeanor. In effect, this section of the city code would
6
decriminalize this offense. This provision will be deleted since it is governed by the Health
and Safety Code and is classified as a Class B misdemeanor.
Section 3 pertains to the consumption of alcohol on public property. The penalty provided
for is in conflict with the general penalty provision found in Chapter 1 of the code. For
reasons discussed above, this provision will be deleted entirely.
Section 4 pertains to the curfew declared on public property. The penalty provided for is in
conflict with the general penalty provision found in Chapter 1 of the code. For reasons
discussed above, this provision will be deleted entirely.
Ordinance #04-91, Section 2(7) includes abandoned automobiles in the definition of
"refuse." The nuisance of junked vehicles is addressed in Chapter 7 of the code. The
reference to abandoned automobiles in this definition will be deleted.
Section 6B(2) provides that plastic or paper bags may be used by residential customers as
garbage containers. This reference to paper bags will be deleted since the city's contract
with the waste management company requires plastic bags.
Section 6S provides for a penalty of no more than two hundred dollars ($200). Violations
of sanitation ordinances may be punished by fines of up to two thousand dollars
For reasons discussed above, this provision will be deleted entirely.
Section 7 talks of a public health officer. This position is not defined anywhere. Revision
will be made such that it is clear that the council is to appoint this person. Also, this
personIs title will be changed to "health authority" throughout to be in accordance with state
law.
Section 7A pertains to the notice to be given to a property owner or manager for removal of
illegally dumped refuse. As mentioned above, state law notification requirements have
been eased. Now, if a person cannot be personally served and the owner's address is
unknown, the city has the option of publishing notice of the violation at least twice within
ten (10) consecutive days, or by posting the notice on or near the front of each building on
the property to which the violations relates, or by posting the notice on a placard attached to
a stake driven into the ground on the property to which the violation relates, if the property
contains no buildings. This section will be revised to be in accordance with the new
notification requirements.
Section 7A states that the notification requirements are not applicable if the waste material is
determined to be an immediate health hazard. No provision is made for what is to occur
once such a determination is made. This will be revised such that authority to immediately
abate such a situation is granted.
Section 7B provides for penalty of no more than two hundred dollars ($200)4 According to
state law, such a violation is punishable by up to two thousand dollars ($2,000). For
reasons discussed above, this provision will be deleted entirely.
Qrdinance #05-89, Section I regarding inspections fails to provide for instances in which
entry to inspect is denied. A footnote regarding search warrant procedures will be
incorporated..
CHAPTER 7: PERSONNEL
Section 1M makes it unlawful for a person to falsely represent him or herself as a reserve
police officer. If deemed guilty of this offense, the general penalty provision found in
Chapter 1 of the code will be applicable. V.T.C.A., Penal Code, § 37.12 makes it
unlawful to impersonate a peace officer and such offense is a Class B misdemeanor. State
law preempts cities from enacting or enforcing a law which would make conduct covered in
the Penal Code an offense subject to a criminal penalty. (See V.T.C.A., Penal Code,
§ 1.08) This provision will be deleted since it would be held void because of the conflict
with state law concerning its penalty provision.
Ordinance #09-91 pertains to the Beautification Board. At page 2, subsection C, the title
reads "Qualifications of Board Members." The sentence following is confusing and at first
glance, seems to not be in accordance with this title. This intended meaning of this will be
worded more clearly.
State law references contained in the Subdivision Ordinance are not current. The
provisions relied upon are now contained in the Local Government Code. These references
will be revised to be current.
4.02F(4) requires that the City Council must act on a plat within forty-five (45) days from
the date it was filed for approval. V.T.C.A., Local Government Code, § 212.009(2)
requires that in such cases the governing body must act within thirty (30) days from the
date the planning and zoning commission acted. This will be revised to be in accordance
with state law.
Procedures for preliminary and final plats are provided for. However, there are additional
requirements for certain replats or subdivisions. A replat without vacation of the preceding
plat must conform to additional notice and hearing requirements if the area proposed to be
replatted was assigned interim or permanent single family or duplex zoning or restricted in
the same manner by deed restrictions. See V.T.C.A., Local Government Code, § 212.015
for specific requirements. This has been revised to incorporate provisions dealing with
replats and resubdivisions which comply with state law. A copy of this has been
forwarded.
("HAPTER 9: TRAFFIC CODE
Section SA(1) provides a definition for "junked vehicle." The definition so provided is
inconsistent with the state law definition provided at V.A.C.S., art. 4477-9a, § 5.01(5).
The state law definition states that vehicle is one that does not have either an unexpired
license or a valid motor vehicle safety inspection certificate. This code section requires that
both. Also, such a vehicle need only be inoperative according to state law. This definition
will be revised to be in accordance with state law.
Section 5G provides that all remaining proceeds from the sale of an impounded abandoned
vehicle shall be used to reduce or satisfy the lien upon the vehicle from the cost of
impoundment, sale, etc. No provision is made for instances in which there is still some of
the proceeds remaining after that. This will be revised such that in accordance with
V.A.C.S., art. 4477-9a, § 5.04, any proceeds remaining will be deposited in a special fund
to remain available for the payment of auction, towing, preserving, storage, and all notice
and publication costs that result from placing another abandoned vehicle in custody, if the
proceeds from a sale of another abandoned vehicle are insufficient to meet these expenses
and costs.
Section 7C(3) provides for a thirty six dollar ($36) penalty for violations of this provision.
No other provisions mention fine amounts. For reasons discussed above, this provision
will be deleted entirely.
Section 7H pertains to the redemption of impounded vehicles. It is there stated that a fee of
seven dollars and fifty cents ($7.50) is to be paid by the owner to cover the costs of
impoundment. This will be revised such that the "prevailing cost of impoundment" will be
charged.
Section U pertains to the penalties for violations of the provisions of this section. The
penalty so provided is in conflict with the general penalty provision found in Chapter 1 of
the code. For reasons discussed above, this provision will be deleted entirely.
Ordinance 015-88 pertains to parking for disabled persons. In section I(1)(a) %J this
ordinance, a penalty of no more than two hundred dollars ($200) is provided for. This
penalty is in conflict with the general penalty provision found in Chapter 1 of the code. For
reasons discussed above, this provision will be deleted entirely.
Section 8E and 8F provide for penalties for violations of this section which are in conflict
with the general penalty provision found in Chapter 1 of the code. For reasons discussed
above, this provision will be deleted entirely.
Ordinance #03-91 pertains to truck parking regulations, et al. In Section IV.A. of this
ordinance, a penalty of no more than two hundred dollars ($200) is provided for. This
penalty is in conflict with the general penalty provision found in Chapter 1 of the code. For
reasons discussed above, this provision will be deleted entirely.
Section 9C provides for a penalty for a violation of this section of no more than one
hundred dollars ($100). This penalty is in conflict with the general penalty provision found
in Chapter 1 of the code. For reasons discussed above, this provision will be deleted
entirely.
CHAPTER 10: UTILITIES
In a January 21, 19921etter from Larry Yoast, Electric Superintendent, arequest was made
for advice as to the possibility of including atampering/theft of service provision in the
code, punishable by up to two hundred dollars ($200). Such an action is properly
punishable under V.T.C.A., Penal Code, § 31.04. The Penal Code at § 1.08 preempts
cities from enacting or enforcing a law that makes conduct covered in the Penal Code an
offense and subject to a criminal penalty. What can be included is a provision regarding
recovery of amounts for damages done by one who has tampered with the equipment.
Such a provision will have no set fine amount but will seek recoupment of the full cost of
damage done.
Section 19S pertains to the power of the superintendent or other duly authorized employee
of the city to enter property for inspection and enforcement of this section. No provision is
made for instances in which entry by these individuals is denied. A footnote regarding
search warrant procedures to be used in such a case will be incorporated.
Section 19W pertains to the penalty for violation of the provisions of this section. This
penalty is in conflict with the general penalty provision found in Chapter 1 of the code. For
reasons discussed above, this provision will be deleted entirely.
CHAPTER 11: ZONING
Pursuant to our phone conversation last week, Section 16 regarding mobile home
subdivisions will be deleted in its entirety.
Section 17.2 pertains to height regulations in the Mobile Home Park district. The height
there set out is thirty (30) feet maximum. This is inconsistent with Section 7L(10) of
Chapter 3-Building Regulations which provides for a maximum height of eighteen (18)
feet. The zoning ordinance will be changed here such that it also provides for a maximum
height of eighteen (18) feet.
Section 17.3 pertains to area regulations in the Mobile Home Park district. The front yard
area there set out is twenty-five (25) feet minimum. This is inconsistent with Section 7L(7)
of Chapter 3-Building Regulations which provides for a minimum of twenty (20) feet. The
Building Regulations chapter will be changed such that it is consistent with the zoning
ordinance.
Section 17.5 pertains to additional restrictions applicable to mobile home parks.
Subsections 2 through 5 of this are already covered in Chapter 3, Building and
Construction. These will be deleted entirely.
Section 24.7 pertains to the role of the Building Official regarding the historic district and
historic preservation. Who is to serve as the Building Official is not clarified. This will be
clarified in the general definitions portion.
Section 28.3(22) pertains to the required number of parking spaces for a mobile home in a
mobile home park. Three (3) spaces per mobile home is there set forth. This is
inconsistent with Section 7L(3) of Chapter 3-Building Regulations which provides that
only two (2) parking spaces are required per mobile home. The zoning ordinance will be
changed such that only two (2) spaces are required.
Section 42 provides for a penalty of up to two hundred dollars ($200) for violations of the
zoning ordinance. State law permits municipalities to collect fines of up to two thousand
dollars ($2,000) for zoning violations. For reasons discussed above, this provision will be
deleted entirely.
Ordinance 016-89, subsection J provides for a penalty not to exceed two hundred dollars
($200). For reasons discussed above, this provision will be deleted entirely.
ARTICLE X.X00
§ 2k.XO1 Definitions
The following words, terms and phrases are, for the purposes of this article and except
where the context clearly indicates a different meaning, defined as follows,
Consideration. The cost of the room, sleeping space, bed or dormitory space but shall not
include the cost of any food served or personal services rendered to the occupant not related
to cleaning and readying such room or space for occupancy, and shall not include any tax
assessed for the occupancy thereof by any other governmental agency.
Hotel. Any building or buildings, trailer, or other facility in which the public may, for
consideration, obtain sleeping accommodations. The term shall include hotels, motels,
tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses,
trailer motels, dormitory space where bed space is rented to individuals or groups,
apartments not occupied by permanent residents, as that term is hereinafter defined, and all
other facilities where rooms or sleeping facilities or space are furnished for a consideration.
As defined herein, "hotel" shall not include hospitals, sanitariums or nursing homes.
Occupancy. The use or possession, or the right to the use or possession of any room,
space or sleeping facility.
Occupant. Anyone who, for consideration, uses, possesses, or has the right to use or
possess any room or rooms, or sleeping space or facility in a hotel under any lease, access,
license, contract or agreement.
Permanent resident. Any occupant who has or shall have the right of occupancy of any
room or rooms or sleeping space or facility in a hotel for at least thirty (30) consecutive
days during the current calendar year or preceding year.
Person. Any individual, company, corporation, or association owning, operating,
managing or controlling any hotel.
Quarterly period. The regular calendar quarters of the year, the first quarter being
composed of the months of January, February, and March; the second quarter being the
months of April, May and June; the third quarter being the months of July, August, and
September; and the fourth quarter being the months of October, November, and December.
Tax Collector. The Tax Collector of the City of -----.
§ X.X02 Tax Levied; Amount; Exceptions
(a) There is hereby levied a tax upon the cost of occupancy of any room or space furnished
by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per
day, such tax equal to seven percent (7%) of the consideration paid by the occupant of such
room to such hotel, exclusive of other occupancy taxes imposed by other governmental
agencies.
(b) No tax shall be imposed hereunder upon a permanent resident.
* State Law reference -Authority to levy hotel occupancy tax, V.T.C.A., Tax 0ode, ch. 351.
(c) No tax shall be imposed hereunder upon a corporation or association organized and
operated exclusively for religious, charitable or educational purposes, no part of the net
earnings of which inures to the benefit of any private shareholder or individual.
§ X.X03 Collection of Tax
Every person owning, operating, managing or controlling any hotel shall collect the tax
imposed by § X.X02 hereof for the City of -----.
§ X.X04 Filing of Quarterly Report
On the last day of the month following each quarterly period, every person required in
§ X.X03 hereof to collect the tax imposed herein, shall file a report with the Tax Collector
showing the consideration paid for all room occupancies in the preceding quarter, the
a111oURL of the tax collected oii such occupancies, and any of her iiifvrmatioii t he Tax
Collector may reasonably require. Such person shall pay the tax due on such occupancies
at the time of filing such report. There shall also be furnished to the Tax Collector of the
City of ----- at the time of payment of said tax a copy of the quarterly report filed with the
State Comptroller in connection with the State of Texas hotel occupancy tax.
§ X.XOS Authority to Promulgate Rules and Regulations;
Access to Books and Records
The Tax Collector shall have the power to make such rules and regulations as are
reasonable and necessary to effectively collect the tax levied hereby, and shall, upon
reasonable notice, have access to books and records necessary to enable him/her to
determine the correctness of any report filed as required by this article and the amount of
taxes due under the provisions of this article.
§ X.X06 Reimbursement for Cost of Collecting Tax*
Every person required § X.X03 to collect the tax imposed by this article, may deduct and
withhold from the payment to the Tax Collector, as reimbursement for the cost of collecting
the tax, an amount not to exceed one percent (1%) of the amount of the tax collected and
required to be reported to the Tax Collector.
§ X.X07 Failure to Collect Tax, Make Reports and Pay Tax
If any person required by the provisions of this article to collect the tax imposed herein, or
make reports as required herein, and pay to the Tax Collector the tax imposed herein, shall
fail to collect such tax, file such report or pay such tax, or if any such person shall file a
false report, such person shall be fined in an amount not to exceed two hundred dollars
($200.00) and shall pay to the Tax Collector the tax due, together with a penalty of five
percent (5%) of the tax due for the first thirty (30) days that the same is not timely filed and
an additional five percent (5%) for more than thirty (30) days. Such person shall also
forfeit the reimbursement for the cost of collecting the tax.
* State Law reference -Reimbursement for tax collection expenses, V.T.C.A., Tax Code, § 351.005.
§ X.X08 Delinquent Hotel Occupancy Taxes and Hotel Purchasers
Persons purchasing any hotel which is subject to this article must retain out of the purchase
price an amount sufficient to cover any delinquent hotel occupancy taxes that are due to the
City of -----. If the purchaser does not remit to the city such amount or show proof that the
hotel is current in remitting its hotel occupancy taxes, the he or she becomes liable for any
delinquent hotel occupancy taxes due on the purchased hotel.
§ X.X09 Tax Applies to Extraterritorial Jurisdiction
The Hotel Occupancy Tax Ordinance of the City of -----, as amended, and as may be
amended, shall apply to all territory within the extraterritorial jurisdiction of the City of -----
as the same may exist from time to time, and the same shall be and is hereby imposed on all
applicable persons within the said extraterritorial jurisdiction of the City of -----.
g 11.�11V a�it�e 1dX I.UUe ti�J(Jlli°aUllity
Administration of this article is to be done in accordance with the state law provisions
regarding hotel occupancy taxes found at V.T.C.A., Tax Code, ch. 351.
Fmk
CHAPTER 2
ANIMAL CONTROL
Article 2a Deimitions
Article 2.200: Vaccination of Animals Capable of Transmitting Rabies
Article 2.300: Dangerous Dogs
Article 2.400: Restraint of Dogs
Article 2.500: Prevention of Public Nuisances
Article 2.600: Animal Waste
Article 2.700: Cruelty to Animals
Article 2.800: Animal Control Officer
Article 2.900: Quarantine
Article 2.1000: Stray Animals; Confinement of Strays by Individuals
Article 2.11004 Impoundment
Article 2.1200: Standards for the Keeping of Farm Livestock
2-1
ARTICLE 2.100 DEFINITIONS.
(a) Animal. Any living, vertebrate creature, domestic or wild.
(b) At Large. Off the premises of the owner and not under the control of the owner or
another person authorized by the owner to care for the animal, by leash, cord, chain, rope,
or command.
(c) Dangerous DoQ. As used in this article, "dangerous dog" means a dog that:
(1) makes an unprovoked attack on a person that causes bodily injury and occurs in
a place other than an enclosure in which the dog was being kept and that was
reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) commits unprovoked acts in a place other than an enclosure in which the dog
wag being kept and that was reasonably certain to prevent the dog from leaving
the enclosure on its own and those acts cause bodily injury to that person.
(d) Qwner. Any person, partnership, or corporation owning, keeping, or harboring one
(1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for
three (3) consecutive days or more.
(e) Public Nuisance. As used in this chapter, any animal which:
(1) Molests passersby or passing vehicles.
(2) Attacks other animals.
(3) Trespasses on school grounds.
(4) Roams at large outside the owner's premises.
(5) Damages public or private property.
(6) Barks, whines, meows, or howls in an .excessive continuous, or untimely
fashion which causes distress, discomfort, or injury to persons of ordinary
sensibilities in the immediate vicinity.
(f) Restraint. Secured by a leash or lead or otherwise under the control of a responsible
person or confined by a fence or wall maintained by the owner of the animal.
(g) Vaccination. An injection of United States Department of Agriculture approved rabies
vaccine administered as prescribed by the Texas Board of Health by a licensed veterinarian.
ARTICLE 2.200 VACCINATION OF ANIMALS CAPABLE.
OF TRANSMITTING RABIES*
The owners of all animals capable of transmitting rabies shall have such animal vaccinated
at four (4) months of age and annually thereafter, or as prescribed by the Texas Board of
*State Law reference —Authority of municipalities to establish rabies control program, V.T.C.A., Health &
Safety Code, § 826.015.
2-2
-� r'�1
..
Health against rabies with a vaccine approved by the United States Department of
Agriculture and administered by a licensed veterinarian. Upon proof of vaccination, the
City Manager or his or her designate shall issue to the owner of the animal a vaccination
certificate. The owner shall retain such certificate until the vaccination is renewed. Also, a
metal tag shall be issued by the City Manager or his or her designate showing the name of
the veterinary clinic, the tag number, and the year of issuance.
ARTICLE 2.300 pANGER )US DOGSfi
§ 2.301 Animal Control Officer to Investigate Incidents;
To Rule on Dangerous Dogs; Appeals
(a) If a person reports an incident described in Article 2.100(c), the Animal Control
Officer may investigate the incident. If, after receiving the sworn statements of any
W1tneSseS, the titiiiiiat Coiitrol OiiiLcr uc�ctmineS uiat the dog is a uaiigeavuu uvF„ ...�.�_...
shall notify the owner of that fact.
§ 2.302 Requirements for Owners of Dangerous Dogs
(a) Not later than the 30th day after a person learns that he/she is the owner of a
dangerous dog, he/she shall:
(1) register the dangerous dog with the Animal Control Officer;
(2) restrain the dangerous dog at all times on a leash iri the immediate control of a
person or in a secure enclosure; and
(3) obtain liability insurance coverage or show financial responsibility in an amount
of at least one hundred thousand dollars ($100,000.00) to cover damages
resulting from an attack by the dangerous dog causing bodily injury to a person.
§ 2.303 Registration of Dangerous Dogs
(a) The Animal Control Officer shall formally register a dangerous dog if the owner:
(1) presents proof of:
(A) liability insurance or financial responsibility as required by Section
2.302(a)(3);
(B) current rabies vaccination of the dangerous dog; and
(C) the secure enclosure in which the dangerous dog will be kept; and
(2) pays an annual registration fee as set forth in the fee schedule found in the
Appendix of this Code.
(b) The Animal Control Officer shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dogs collar.
tState Law reference —Local regulation of dangerous dogs, V.T.C.A., Health and Safety Code, § 822.047.
2-3
� c�
.°-`.-�
(c) If an owner of a registered dangerous dog sells or moves the dog to a new address
within the city, he/she, not later than the fourteenth (14th) day after the date of sale or
move, shall notify the Animal Control Officer. On presentation by the current owner of the
dangerous dogs prior registration tag and payment of a fee, as set forth in the fee schedule
found in the Appexidix of this Code, the Animal Control Officer shall issue a new
registration tag to be placed on the dogs collar.
- (d) Every owner of a registered dangerous dog shall notify the Animal Control Officer by
whom the dog was registered of any attacks the dangerous dog makes on people.
§ 2.304 Attacks by Dangerous Dog
(a) A person commits an offense if his/her dangerous dog makes an unprovoked attack
on another person outside the dogs enclosure and causes bodily injury to the other person.
Should the attack cause serious bodily injury or death, the person may be subject to other
criminal pr�sPc„tion t�ndPr the laws of the State of Texas in a court of competent
jurisdiction.
(b) If a person is found guilty of an offense under this article, the court may order that the
dangerous dog be destroyed.
(c) In addition to criminal prosecution, a person who commits an offense under this
section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The
City Attorney may file suit in a court of competent jurisdiction to collect the penalty.
Penalties collected under this subsection shall be retained by the City of Sanger.
§ 2.305 Defenses
(a) It is a defense to prosecution under this article that the person is a veterinarian, a
peace officer, a person employed by a recognized animal shelter, or a person employed by
the state or a political subdivision of the state to deal with stray animals and has temporary
ownership, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under this article that the person is an employe of the
institutional division of the Texas Department of Criminal Justice or a law enforcement
agency and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under this article that the person is a dog trainer or an
employee of a guard dog company under the Private Investigators and Private Security
Agencies Act found at Article 4413 (29bb), Vernon's Texas Civil Statutes.
ARTICLE 2.400 RESTRAINT OF DOGS.
All dogs in the City of Sanger shall be kept under restraint at all times.
2-4
ARTICLE 2.500 PREVENTION OF PUBLIC NUISANCES_*
(a) Every owner shall exercise proper care and control of his/her animals) to prevent them
from becoming a public nuisance. For the purposes of this article, loud, obnoxious, and/or
otherwise offensive sounds and odors caused by an animal (i.e., barking dogs) shall
constitute a nuisance.
(b) Prior to being lined for violation of this article, the owner of said animals) shall be
given notice and an opportunity to abate the nuisance. If said nuisance exists twenty-four
(24) hours later, the owner shall then be fined in accordance with the general penalty
provision found in Chapter 1 of this code. Fines may be imposed thereafter for each
twenty-four (24) hour penod that the nuisance continues.
ARTICLE 2.G00 ANIMAL WASTE
(a) It shall be unlawful and considered a public nuisance for any person to allow any
pen, enclosure, yard or similar place used for the keeping of animals to become unsanitary,
offensive by reason of odor, or disagreeable to persons of ordinary sensibilities residing in
the vicinity thereof because of flies or other insects. Any condition injurious to public
health caused by improper waste disposal will be considered a violation of this chapter.
(b) The owner of every animal shall be responsible for the removal of any excreta
deposited by his/her animal on public walks, recreation areas, or private property.
ARTICLE 2.700 CRUELTY TO ANIMALS
Cruelty to animals is unlawful and punishable in accordance with the provisions of
V.T.C.A., Penal Code, Section 42.11.
ARTICLE 2.800 ANIMAL CONTROL OFFICER
A part-time Animal Control Officer shall be appointed by the City Manager. The Animal
Control Officer shall have police powers in the enforcement of this chapter and no person
or animal shall be permitted to interfere with, hinder, molest or abuse any Animal Control
Officer in the exercise of such powers and duties.
ARTICLE 2.900 QUARANTINE
(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. During quarantine,
the animal shall be securely confined and 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
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.
*Cross reference —Definition of public nuisance, Article 2.100(d)
2-5
(b) Unvaccinated domestic animals shall immediately be given a rabies vaccination and a
booster shot in the third and eighth 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.
ARTICLE 2.1000
If any animal is found upon the premises of anyone, the owner or occupant of such
premises shall have the right to confine such animal until he/she can notify the Animal
Control Officer to come and impound such animal.
ARTICLE 2.1100 IMPOUNDMENT*
The Animal Control Officer shall impound any animal picked up or in his/her custody until
the owner is notified, claims the animal and pays a fee as provided for in the fee schedule
found in the Appendix of this Code. Animals whose owners can not be determined shall,
within the discretion of the Animal Control Officer, be turned over to the County Animal
Control Officer or destroyed after a reasonable period of confinement.
ARTICLE 2.1200 STANDARDS FOR THE KEEPING
OF FARM LIVESTOCK
§ 2.1201 Definitions
As used in this article, the following terms mean.
(a) Pigs. Shall be inclusive of all swine.
(b) Cows. Inclusive of all bovines.
(c) Sheen. Inclusive of all ovine.
(d) Goats. Inclusive of all cuprine.
(e) Horses. Inclusive of all equine.
§ 2.1202 Regulations
(a) Pas. The keeping of pigs is prohibited except as provided for by the City of Sanger
Zoning Ordinance and further that the pen, corral, fences or similar enclosures are not
closer than fifty (50) feet to any adjacent property line and one hundred (100) feet to any
building or structure used for sleeping, dining or living other than the living quarters of the
owner or keeper, excluding fencing of pasture or grazing land, and shall be kept in a
sanitary condition, and shall also be kept in such a manner as will be reasonably calculated
not to become offensive to adjacent neighbors or to the public.
*State Law reference —Animals at large, V.T.C.A., Local Government Code, § 215.026.
2-6
(b) Cows. The keeping of cows is prohibited except as provided for by the City of
Sanger Zoning Ordinance and further that the pen, corral, fences or similar enclosures are
not closer than fifteen (15) feet to any adjacent property line and one hundred (100) feet to
any building or structure used for sleeping, dining or living other than the living quarters of
the owner or keeper, excluding fencing of pasture or grazing land, and shall be kept in a
sanitary condition, and shall also be kept in such a manner as will be reasonably calculated
not to become offensive to adjacent neighbors or to the public.
(c) Dheep. The keeping of sheep is prohibited except as provided for by the City of
Sanger Zoning Ordinance and further that the pen, corral, fences or similar enclosures are
not closer than fifteen (15) feet to any adjacent property line and one hundred (100) feet to
any building or structure used for sleeping, dining or living other than the living quarters of
the owner or keeper, excluding fencing of pasture or grazing land, and shall be kept in a
sanitary condition, and shall also be kept in such a manner as will be reasonably calculated
not to become offensive to adjacent neighbors or to the public.
(d) Goa The keeping of goats is prohibited except as provided for by the City of
Sanger Zoning Ordinance and further that the pen, corral, fences or similar enclosures are
not closer than fifteen (15) feet to any adjacent property line and one hundred (100) feet to
any building or structure used for sleeping, dining or living other than the living quarters of
the owner or keeper, excluding fencing of pasture or grazing land, and shall be kept in a
sanitary condition, and shall also be kept in such a manner as will be reasonably calculated
not to become offensive to adjacent neighbors or to the public.
(e) Hor .The keeping of horses is prohibited except as provided for by the City of
Sanger Zoning Ordinance and subject to the following standards:
(1) Not more than three (3) horses may be kept on a lot or parcel of land of at least
eighty-seven thousand one hundred twenty (87,120) square feet, provided each
is enclosed in a pen or corral containing at least eight hundred (800) square feet,
including a stable under roof of at least one hundred (100) square feet per
animal and further provided that the pen, corral, fences or similar enclosures are
not closer than fifteen (15) feet to any adjacent property line, and one hundred
(100) feet to any building or structure used for sleeping, dining or living other
than the living quarters of the owner or keeper, excluding fencing of pasture or
grazing land, and shall be kept in a sanitary condition, and shall also be kept in
such a manner as will be reasonably calculated not to become offensive to
adjacent neighbors or to the public.
(2) Four (4) or more horses require at least one (1) acre of land, forty-three
thousand five hundred sixty (43,560) square feet, for each additional horse
above three (3). For each horse, one hundred (100) square feet of roofed stall
must be provided plus eight hundred (800) square feet of corral or pen area. All
such facilities must be fifteen (15) feet from the adjacent property line, and one
hundred (100) feet to any building or structure used for sleeping, dining or
living other than the living quarters of the owner or keeper, excluding the
fencing of pasture or grazing land, and shall be kept in a sanitary condition, and
shall also be kept in such a manner as will be reasonably calculated not to
become offensive to adjacent neighbors or to the public.
§ 2.1203 Special Exceptions
Upon approval by the City Council, the regulations in this article may be specifically altered
or relaxed to accomodate special circumstances and events. Such events would include but
not be limited to 4-H exhibits, travelling circuses.
§ 2.1204 Stables, Fa1 11101 Pens and Corrals
Standings under roofed stables must be made of material which provides for proper
drainage so as not to create offensive odors, fly breeding or other nuisances. Fences for
pens and corrals or similar enclosures must be of sufficient height and strength to retain
animals.
§ 2.1205 Farm Livestock at Large*
!t sllall UG u111aVVfl71 1lJT 11iG owncT, i:.c.ipcT or p;,TSon 1n :.l;argevf uiy 12orse, mL21e, jaCl:,
fennel, cow, cattle, hog, sheep, or goat or similar animal, to allow or permit the same to
run at large within the city.
`Cross reference —Article 2.400 Restraint of Animals.
2-g
§ X.XXX Resubdivision and Vacation of Plats
(a) General
(1) Replat or resubdivision of a plat, or a portion thereof, but without vacation of
the immediate previous plat, is hereby authorized, and shall be deemed valid
and controlling, when approved, after a public hearing, by the Planning and
Zoning Commission, when;
(A) It has been signed and acknowledged by all the owners of the particular
property which is being resubdivided or replatted.
(B) It has been approved by the Planning and Zoning Commission, after a
public hearing in relation thereto at which parties in interest and citizens
shall have an opportunity to be heard.
(C) It does not attempt to alter, amend, or remove any covenants, easements
or restrictions.
(D) There is compliance, when applicable, with subsections b, c, and d of this
section.
(b) Filin tg ime. The time required to review and process a replat or resubdivision of a
plat shall be a maximum of thirty (30) days. Replats or resubdivisions shall be filed with
the City Clerk a minimum of twenty-one (21) days prior to the meeting of the Planning and
Zoning Commission, at which time approval is requested. Replats or resubdivisions shall
show or be accompanied by the information that is required for preliminary plats or final
plats, whichever is applicable. Replats or resubdivisions shall not be docketed for
Planning and Zoning Commission consideration unless the requirements of this chapter are
net,
(c) Notice and hearing. The following additional requirements for approval shall apply,
in any resubdivision or replatting of a subdivision, without vacating the immediate previous
plat, if any of the proposed area to be resubdivided or replatted was, within the immediate
preceding five (5) years, limited by an interim or permanent zoning classification to
residential use for not more than two (2) residential units per lot, or if any lot in the
immediate previous subdivision was limited by deed restriction to residential use for not
more than two (2) residential units per lot;
(1) Notice of Planning and Zoning Commission hearing shall be given in advance,
in the following manner;
(A) Publication at least fifteen (15) days in advance of hearing being published
in the official paper of the City of Sanger.
(B) Written notice (with a copy of subdivision (2) of Section X.XXX(c)
attached thereto) of such public hearing forwarded by the Planning and
Zoning Commission to owners (as the ownerships appear on the last
approved ad valorem tax roll of such governing body) of all lots in the
immediate preceding subdivision plat not less than fifteen (15) days prior
to the date of such hearing. Such notice may be served by depositing the
same, properly addressed and postage paid, in the post office in closest
proximity to the City Hall of the City of Sanger; provided, however, if
such immediate preceding subdivision plat shall contain more than one
hundred (100) lots, such notice shall be mailed only to those owners of
lots which are located within two hundred (200) feet of the lot or lots
which are sought to be replatted or resubdivided.
(2) The Planning and Zoning Commission shall require in any resubdivision or
replatting to which this subsection applies, written approval of two-thirds (2/3)
of.
(A) The owners of all lots in such plat, or
(B) The owners of all lots in such plat within two hundred (200) feet of the
property sought to be replatted or resubdivided, if such immediate
preceding plat contains more than one hundred (100) lots.
The provisions of subdivision (2) of Section X.XXX(c) shall, however, apply
lJrlly 1f tWellty (2V) percGltt, or more, of the owner j, to whom aiotl^.e iS required
to be given, of the lots in such plat a portion if which is sought to be replatted or
resubdivided, file with the Planning and Zoning Commission written protest of
such replatting and resubdivision prior to, or at, the hearing referred to in the
notice of the proposed replatting or resubdivision. In computing percentages of
ownership, each lot in such subdivision shall be considered equal to all other
lots, regardless of size or number of owners, and the owners of each lot shall
be entitled to cast only one (1) vote per lot.
(3) Provided, however, compliance with. subdivision (1) or (2) of Section
X.XXX(c) shall not be required for approval of a replatting or resubdivising of
a portion of a prior plat, if all of the proposed area sought to be replatted or
resubdivided was designated or reserved for usage other than for single- or
duplex -family residential usage, by notation on the last legally recorded plat or
in the legally recorded restriction applicable to such plat.
ARTICLE X.X00 AMLI.4FMFNTS
Section X.X01 Amusement License Required; Fees; Exemptions
(a) Licenses shall be required for the following activities and businesses:
Bingo Parlors Arcade Rooms
Carnivals Circuses
Skating Rinks Billiard Halls
Other Amusements
Licenses shall be issued by the City Secretary only when the conditions of this article have been
complied with.
(b) The amount of the license fee required to conduct such activity or business shall be as provided for in
the fee schedule found in the Appendix of this code.
(c) Church, charity and nonprofit groups and organizations conducting or sponsoring any activity
covered by this article are exempt from the requirements of this article.
Section X.X02 Application for License
Any person, firm, association of persons, or corporation desiring a license to own or operate any of the
businesses or activities described in Section X.X01 shall file with the City Secretary a written, sworn
application for such license stating the following:
(a) The location by street and number for the place which is proposed to be used, for what
purpose said place is to be used, and the name and address of the applicant.
(b) If the applicant is an individual, that he or she is a law abiding person, that he or she has not
been convicted of a felony or a misdemeanor involving moral turpitude, or if so, the nature of
the offense and the result of the conviction, and the length of his or her residence in the
City of ----.
(c) If the applicant is a corporation, firm, association of persons, or partnership, the names
and addresses of the principal officers, owners, operators, or partners.
Section X.X03 License Not Transferable
Licenses issued under the provisions of this article shall be deemed personal to the licensee and shall not
be transferable from person to person or place to place.
Section X.X04 Premises Investigations
Free access and entrance into any premises licensed hereunder shall at all times be accorded and granted
to any person designated by the City of ---- to inspect such premises and determine compliance or lack of
compliance with the provisions of this article.
Section X.X05 Hours of Operation
Premises licensed under the terms of this article shall not remain open between the hours of 12:00 p.rn,
and R:00 a.m. on the following day.
ARTICLE 4.100 SEXUALLY ORIENTED BUSINESSES_*
§ 4.101 Purpose and Intent
It is the purpose of this article to regulate sexually oriented businesses to promote the
health, safety, morals and general welfare of the citizens of the city and to establish
reasonable and uniform regulations on the operation of the same without imposing a
limitation or restriction on the contents of any communicative materials, including sexually
oriented materials.
§ 4.102 Definitions
(a) Adult Arcade. Any place to which the public is permitted or invited wherein coin -
operated or slug -operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image -producing devices are maintained to
show images to five (5) or'vwer pcisl�lus per machine at any one time, and where W}.e
images so displayed are distinguished or characterized by the depicting or describing of
"specified sexual activities" or "specified anatomical areas" as defined herein.
(b) AdultBookstore orAdult Video Store. A commercial establishment which as one (1)
of its principal business purposes offers for sale or rental for any form of consideration any
one (1) or more of the following.
(1) Books, magazines, periodicals or other printed matter or photographs, films,
motion pictures, video cassettes or video reproductions, slides, or other visual
representations which depict or describe "specified sexual activities" or
"specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection
with "specified sexual activities".
(c) Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment
which regularly features.
(1) persons who appear in a state of nudity; or
(2) live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
(3) films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas".
(d) Adult Motel. A hotel, motel or similar commercial establishment which:
(1) offers accommodations to the public for any form of consideration and provides
patrons with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas" and has a sign visible from the public right of way
which advertises the availability of this adult type of photographic
reproductions; or
(2) offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
(3) allows a tenant or occupant of a sleeping room to sub -rent the room for a period
of time that is less than ten (10) hours.
(e) Adult Motion Picture Theater. A commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas".
(f) Adult Theater. A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities".
(g) City Manager. The City Manager of the City of Sanger or his/her designated agent.
(h) Escort Age=. A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts, as one of its primary business purposes, for a fee, tip, or
other consideration.
(i) Establishment. Any of the following:
(1) the opening or commencement of any sexually oriented business as a new
business;
(2) the conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business,
(3) the addition of any sexually oriented business to any other existing sexually
oriented business; or
(4) the relocation of any sexually oriented business.
(j) Licensee. A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application for a
license.
(k) Massage Establishment. Any building, room, place, or establishment, other than a
regularly licensed hospital, where manipulated massage or manipulated exercises are
practiced upon the human body by anyone not a duly licensed physician, osteopath,
chiropractor or a registered nurse or a doctor whether with or without the use of
mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This
term shall not include, however, duly licensed beauty parlors or barber shops or a place
wherein registered physical therapists treat only patients recommended by a licensed
physician and operate only under such physician's direction.
(1) Nude Model Studio. Any place where a person who appears in a state of nudity or
displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons who pay money or any
form of consideration.
(m) Nudity or a State of Nudity.
(1) the appearance of a human bare buttock, anus, male genitals, female genitals, or
female breast, or
(2) a state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast,
(n) Operates or Causes to be Operated. To cause to function or to put or keep
A person may be found to be operating in
operation. rating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner, or licensee of the
business.
(o) Person. An individual, proprietorship, partnership, corporation, association, or other
legal entity.
(p) Residential District. A single family, duplex, townhouse, multiple family, or mobile
home zoning district as defined in the Sanger Zoning Ordinance.
(q) Residential Use. A single family, duplex, multiple family, or "mobile home park,
mobile home subdivision" as defined in the Sanger Zoning Ordinance.
(r) Semi -Nude. A state of dress in which clothing covers no more than the genitals,
pubic region, and areolae of the female breast, as well as portions of the body covered by
supporting straps or devices.
(s) Sexual Encounter Center. A business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or tumbling between persons of the
opposite sex, or
(b) sexual activities between male and female persons and/or persons of the same
sex when one (1) or more of the persons is in a state of nudity or semi -nudity.
(t) Sexually Oriented Business. An adult arcade, adult bookstore, or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater or nude model studio.
(u) Sjnecified Anatomical Areas. Less than completely covered human genitals, pubic
region, buttocks, and female breast below a point immediately above the top of the areola.
(v) Specified Sexual Activities. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic regions,
buttocks, anus, or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy.
(3) Masturbation, actual or simulated.
(4) Excretory functions as part of or in connection with any of the activities set
forth 0n (1) through (3) above.
(w) Transfer of Ownership or Control. Includes any of the following:
(1) the sale, lease, or sublease of the business,
(2) the transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
(3) the establishment of a trust, gift, or other similar legal device which transfers
the ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or
control.
§ 4.103 Classification of Sexually Oriented Businesses
Sexually oriented businesses are classified as follows:
(a) adult arcades;
(b) adult .bookstores or adult video stores;
(c) adult cabarets;
(d) adult motels;
(e) adult motion picture theaters;
(f) adult theaters;
(g) escort agencies;
(h) massage establishments;
(i) nude model studios;
(j) sexual encounter centers.
§ 4.104 Location of Sexually Oriented Businesses*
(a) A person commits an offense if he/she operates or causes to be operated a sexually
oriented business within one thousand (1,000) feet of:
(1) a church;
(Z) a public or private elementary or secondary school;
(3) a boundary of a residential district as defined in this article;
(4) a public park adjacent to a residential district as defined in this article, or
(5) the property line of a lot devoted to a residential use as defined in this article.
*State Law reference —General authority to regulate location of sexually oriented business, V.T.C.A., Local
Government Code, ch. 243.
h
(b) A person commits an offense if he/she causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a sexually oriented business
within one thousand (1,000) feet of another sexually oriented business.
(c) A person commits an offense if he/she causes or permits the operation, establishment,
or maintenance of more than one sexually oriented business in the same building, structure,
or portion thereof.
(d) For the purposes of subsection (a), measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building
or structure used as a part of the premises where a sexually oriented business is conducted,
to the nearest property line of the premises of a church or public or private elementary or
secondary school, or to the nearest boundary of an affected public park, residential district,
or residential lot.
(e) For purposes of subsection (b) of this section, the distance between any two (2)
sexually oriented businesses shall be measured in a straight line, without regard to
intervening structure or objects, from the closest exterior wall of the structure in which each
business is located.
(f) Asexually oriented business lawfully operating in conformance with this article is not
rendered nonconforming by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a church, public or private elementary or secondary school,
public park, residential district, or residential lot within one thousand (1,000) feet of the
sexually oriented business. This provision applies only to the renewal of a valid license,
and does not apply when an application for a license is submitted after a license has expired
or has been revoked.
§ 4.105 License Required*
(a) A person commits an offense if he/she operates a sexually oriented business without a
valid license, issued by the city for the particular type of business.
(b) The applicant must be qualified according to the provisions of this article.
(c) If a person who wishes to operate a sexually oriented business is an individual,
he/she must fully execute the applicarion for a license. If a person who wishes to operate a
sexually oriented business is other than an individual, each individual who has a ten percent
(10%) or greater interest in the business must sign the application for a license. Each
applicant must be qualified under Section 4.106 and each applicant shall be considered a
licensee if a license is granted.
§ 4.106 Issuance of License
(a) The City Manager shall approve the issuance of a license to an applicant within thirty
(30) days after receipt of an application unless he/she finds one or more of the following to
be true.
(1) An applicant is under eighteen (18) years of age.
*State Law reference —Authority to require a permit, V.T.C.A., Local Government Code, § 243.007.
(2) An applicant or an applicant's spouse is overdue in payment to the city of taxes,
fees, fines, or penalties assessed against or imposed upon the applicant or
applicant's spouse in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for
information on the application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a
provision of this article, other than the offense of operating a sexually oriented
business without a license, within two (2) years immediately preceding the
application. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required has not been paid.
(6) An applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated that
he/she is unable to operate or manage a sexually oriented business premises in a
peaceful and law-abiding manner, thus necessitating action by law enforcement
officers.
(7) An applicant or the proposed establishment is ,in violation of or is not in
compliance with Sections 4.104, 4.108, 4.113, 4.114, 4.115, 4.116, 4.117,
4.118, or 4.119 hereof.
(8) An applicant or an applicant's spouse has been convicted of a crime:
(A) involving:
(i) any of the following offenses as described in Chapter 43 of the
Texas Penal Code:*
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution, or display of harmful material to minor;
(gg) sexual performance by a child;
(hh) possession of child pornography;
*State Law reference—Regazding public indecency, V.T.C.A., Penal Code, ch. 43.
(ii) any of the following offenses as described in Chapter 21 of the
Texas Penal Coder
(aa) public lewdness;
(bb) indecent exposure;
(cc) indecency with a child;
(iii) sexual assault or aggravated sexual assault as described in Chapter
22 of the Texas Penal Code;
(iv) incest, solicitation of a child, or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code;** or
1: ,,'.�. a' �.� '4 .�� tt�ca
(V) Criminal attempt, conspiracy, VY JVlll%I�dtivil w �vmmi� any vi ua�+
foregoing offenses;
(B) for which:
(i) less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii) less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the
later date, if the conviction is of a felony offense; or
(iii) less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of two or
more misdemeanor offenses or combination of misdemeanor offenses
occurring within any twenty-four (24) month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification
of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an
offense listed in Subsection (a)(8)(A) may qualify for a sexually oriented business license
only when the time period required by Subsection (a)(8)(B) has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to
whom it is granted, the expiration date, and the address of the sexually oriented business.
The license shall be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that it may be easily read at any time.
tState Law reference —Regarding sexual offenses, V.T.C.A., Penal Code, §§ 21.07, 21.08, and 21.11.
**State Law reference —Regarding offenses against the family, V.T.C.A., Penal Code, §§ 25.02, 25.06, and
25.07.
�� A
t� �;�
§ 4.107 Fee
The annual fee for a sexually oriented business license is set forth in the fee schedule found
in the Appendix of this Code.
§ 4.108 Inspection*
(a) An applicant or licensee shall permit representatives of the police department, health
department, fire department, and building inspection division to inspect the premises of a
sexually oriented business for the purpose of insuring compliance with the law, at any time
it is occupied or open for business.
(b) A person who operates a sexually oriented business or his/her agent or employee
commits an offense if he/she refuses to permit a lawful inspection of the premises by a
representative of the police department at any time it is occupied or open for business.
(c) The provisions of this section do not apply to areas of an adult motel which are
currently being rented by a customer for use as a permanent or temporary habitation.
§ 4.109 Expiration and Renewal of License
(a) Each license shall expire one (1) year from the date of issuance and may be renewed
only by making application as provided in Section 4.105. Application for renewal should
be made at least thirty (30) days before the expiration date. Applications made less than
thirty (30) days before the expiration date will have no effect on the expiration of the
license.
(b) When the Ciry Manager denies renewal of a permit, the applicant shall not be issued a
license for one (1) year from the date of denial. If, subsequent to denial, the City Manager
finds that the basis for the denial of the renewal has been corrected, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date denial became final.
§ 4.11(I Suspension
The City Manager shall suspend a license for a period not to exceed thirty (30) days if
he/she determines that a licensee or an employee of a licensee has:
(a) violated or is not in compliance with Sections 4.104, 4.108, 4.113, 4.114, 4.115,
4.116, 4.117, 4.118, or 4.119 of this article.
(b) engaged in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(c) refused to allow an inspection of the sexually oriented business premises as
authorized by this article;
(d) knowingly permitted gambling by any person on the sexually oriented business
premises;
*Editor's Note —Although inspections can be had to determine the presence of any fire or health hazard or
unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance, entry
without permission of a private residence or property cannot be had for code inspections without a search warrant
if the owner denies permission to enter and search the premise (unless otherwise allowed by law under exigent
circumstances). (See Vernon's Ann. C.C.P., Art. 1.06 and 18.05)
(e) demonstrated inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner thus necessitating action by law enforcement officers.
§ 4.111 Revocation
(a) The City Manager shall revoke a license if a cause of suspension in Section 4.110
occurs and the license has been suspended within the preceding twelve (12) months.
(b) The City Manager shall remove a license if he/she determines that:
(1) a licensee gave false or misleading information in the material submitted to the
City Manager during the application process;
(2) a licensee or an employee has knowingly allowed possession, use, or sale of
cc,ntr�lled substances on the premises;
(3) a licensee or an employee has knowingly allowed prostitution on the premises;
(4) a licensee or an employee knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended;
(5) a licensee has been convicted of an offense listed.in Section 4.106 (a)(8)(A) for
which the time period required in Section 4.106 (a)(8)(B) has not elapsed;
(6) on two (2) or more occasions within a twelve (12) month period, a person or
persons committed an offense occurring in or on the licensed premises of a
crime listed in Section 4.106 (a)(8)(A), for which a conviction has been
obtained, and the person or persons were employees of the sexually oriented
business at the time the offenses were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in or on the
licensed premises. The term "sexual contact" shall have the same meaning as it
is defined in Section 21.01, Texas Penal Code; or
(8) a licensee is delinquent in payment to the city for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the sexually oriented business.
(9) a licensee has refused to permit an inspection of the premises by the City
Manager or his/her designee.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of
the license.
(d) Subsection (b)(7) does not apply to adult motels as a ground for revoking the license
unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy,
oral copulation, masturbation, or sexual contact to occur in a public place or within public
view.
(e) When the City Manager revokes a license, the revocation shall continue for one (1)
year and the licensee shall not be issued a sexually oriented business license for one (1)
year from the date revocation became effective. If, subsequent to revocation, the City
Manager finds that the basis for the revocation has been corrected or abated, the applicant
�c
i
�� �.�
may be granted a license if at least ninety (90) days have elapsed since the date the
revocation became effective. If the license was revoked under subsection (b)(5), an
applicant may not be granted another license until the appropriate number of years required
under Section 4.106 (a)(8)(B) has elapsed.
§ 4.112 Appeal; Exemption from Locational Requirements
(a) If the City Manager denies the issuance of a license or the renewal of a license, he or
she shall send to the applicant, by certified mail, return receipt requested, written notice of
his or her action and the right to an appeal. The aggrieved party may appeal the decision of
the City Manager to the City Council. The filing of an appeal stays the action of the city.
(b) The applicant may, not later than ten (10) calendar days after receiving notice of the
denial, file with the City Secretary a written request for a hearing before the City Council.
(c) A hearing by the C'.ir_y Cotancii may proceed if a quorum is present. The City Council
shall hear and consider evidence offered by any interested person.
(d) The City Council may, in its discretion, grant an exemption from the Locational
restrictions of this article if the following is found:
(1) that the location of the proposed sexually oriented business will not have a
detrimental effect on nearby properties or be contrary to the public safety or
welfare;
(2) that the granting of the exemption will not violate the spirit and intent of this
article of the city code;
(3) that the location of the proposed sexually oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage the
development of urban blight;
(4) that the location of an additional sexually orient business in the area will not be
contrary to any program of neighborhood conservation nor will it interfere with any
efforts of urban renewal or restoration; and
(5) that all other applicable provisions of this article will be observed.
(e) The City Council shall grant or deny the exemption by majority vote. Failure to reach
a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on
the basis of a preponderance of the evidence. The decision of the City Council regarding
the permit appeal is final.
(f) If the City Council grants the exemption, the exemption is valid for one (1) year from
the date of the council's action. Upon expiration of an exemption, the sexually oriented
business is in violation of the Locational restrictions until the applicant applies for and
receives another exemption.
(g) If the City Council denies the exemption, the applicant may not re -apply for an
exemption until at least twelve (12) months have elapsed since the date of the council's
action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of
this article other than the Locational restrictions.
::_
�<.
§ 4.113 Transfer of License
A licensee shall not transfer his/her license to another, nor shall a licensee operate a
sexually oriented business under the authority of a license at any place other than the
address designated in the application.
§ (4.114 Additional Regulations for Nude Model Studios
(a) A nude model studio shall not employ any person under the age of eighteen (18)
years.
(b) A person under the age of eighteen (18) years commits an offense if he/she appears in
a state of nudity in or on the premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under eighteen (18) years was in a restroom
not oven to public view or persons of the opposite sex.
(c) A person commits an offense if he/she appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude model studio premises
which can be viewed from the public right of way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on
the premises, except that a sofa may be placed in a reception room open to the public.
Additional Regulations for Adult Theaters
and Adult Motion Picture Theaters
(a) A person commits an offense if he/she knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or
adult motion picture theater.
(b) A person under the age of eighteen (18) years commits an offense if he/she
knowingly appears in a state of nudity in or on the premises of an adult theater or adult
motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) above if the person under
eighteen (18) years was in a restroom not open to public view or persons of the opposite
sex.
§ 4.11 G Additional Regulations for Adult Motels
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time that is less than ten
(10) hours creates a rebuttable presumption that the establishment is an adult motel as that
term is defined in this article.
(b) A person commits an offense if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexually oriented
business license, he/she rents or sub -rents a sleeping room to a person and, within ten (10)
hours from the time the room is rented, he/she rents or sub -rents the same sleeping room
again.
(c) For purposes of subsection (b) above, the terms "rent" or "sub -rent" mean the act of
'° permitting a room to be occupied for any form of consideration.
§ 4.117 Regulations Pertaining to Exhibition of Sexually
- Explicit Films or Videos
(a) A person who operates or causes to be operated a sexually oriented business, other
than an adult motel, which exhibits on the premises in a viewing room, a film, video
cassette, or other video reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall
be accompanied by a diagram of the premises showing a plan thereof specifying
the location of one (I) or more manager's stations and the location of all
overhead lighting fixtures and designating any portion of the premises in which
patrons will not be permitted. A manager's station may not exceed thirty-two
(32) square feet of floor area. The diagram shall also designate the place at
which the permit will he conspicuously posted; if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall not
be required; however each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus six (6)
inches. The City Manager may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered since it was
prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be
made without the prior approval of the City Manager or his/her designee.
(4) It is the duty of the owners and operator of the premises to ensure that a least
one (1) employee is on duty and situated in each manager's station at all times
that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to
which any patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the premises has
two (2) or more manager's stations designated, then the interior of the premises
shall be configured in such a manner that there is an unobstructed view of each
area of the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in this
subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of
any agents and employees present in the premises to ensure that the view area
specified in paragraph (5) above remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times that any patron is
present in the premises and to ensure that no patron is permitted access to any
area of the premises which has been designated as an area in which patrons will
not be permitted in the application filed pursuant to paragraph (1) above.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one (1.0) footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of
any agents and employees present in the premises to ensure that the illumination
described above, is maintained at all times that any patron is present in the
premises.
(b) A person having a duty under paragraphs (1) through (8) of subsection (a) above
commits an offense if he/she knowingly fails to fulfill that duty.
§ 4.118 Display of Sexually Explicit Material to Minors
The display of sexually explicit material to minors is unlawful and punishable in accordance
with the prnyisions of V,T.G.A.; Penal Code, § 43.24.
§ 4.119 Enforcement
(a) Except as provided by subsection (b) below, any person violating Section 4.104,
upon conviction, is punishable by a fine as provided for in the general penalty provision
found in Chapter 1 of this code.
(b) If the sexually oriented business involved is a nude -model studio, then violation of
Section 4.104 is punishable as a Class A misdemeanor.
(c) Except as provided by subsection (b) above, a violation of any provision of this
article other than Section 4.104, upon conviction, is punishable by a fine not to exceed five
hundred dollars ($500.00).
(d) It is a defense to prosecution under Section 4.104 or Section 4.114 (d) that a person
appearing in a state of nudity did so in a modeling class operated:
(1) by a proprietary school licensed by the State of Texas; a college, junior college,
or university supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation; or
(3) in a structure:
(A) which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
(B) where in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
(C) where no more than one nude model is on the premises at any one time.
(e) It is a defense to prosecution under Section 4.104 or Section 4.105 (a) that each item
of descriptive, printed, or film, or video material offered for sale or rental, taken as a
whole, contains serious literary, artistic, political, or scientific value.
§ 4.120 InjuncHonT
A person who operates or causes to be operated a sexually oriented business without a
valid license or in violation of Section 4.105 herein, is subject to a suit for injunction as
well as prosecution for criminal violations.
tState Law reference —Authority to enjoin, V.T.C.A., Local Government Code, § 243.010 (a)
AND VENDORS
Section X.XOl Purpose
This entire article is and shall be deemed an exercise of the police power of the State of Texas and of the
City of ----, for the public safety, comfort, convenience, and protection of the city and citizens of said
city, and all of the provisions hereof shall be construed for the accomplishment of that purpose.
Section X.X02 Definitions
An itinerant merchant, peddler or vendor as the terms are used in this article shall be held to be any
person, firm, company, partnership, corporation, or association engaged in any activity mentioned in
Section X.X03 hereof. The term services includes aesthetic, religious, physical helath, or mental health
products, programs or projects, whenever fund or donations are solicited or accepted.
Section X.X03 License Required
(a) It shall hereafter be unlawful for any person to go from house to house or from place to place in the
City of ---- soliciting, selling, or taking orders for or offering to sell or take orders forany goods, wares,
merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or
magazines, without having first obtained a license to do so from the City Secretary.
(b) It shall hereafter be unlawful for any person to sell or solicit in the city, as aforesaid, without carrying
a duly issued license while engaged in such soliciting or selling.
(c) Licenses issued under this article shall be valid for a period of one hundred eighy (180) days from Al
date of issuance.
(d) No license hereunder shall be transferable and any person licensed hereunder who permits or allows
any other person to exhibit, show, or expose said license for the purpose of avoiding the provisions or
penalties of this article shall, in addition to any or all other penalties herein provided, cause said license
to be automatically and permanently revoked.
Section X.X04 Application for License
Any person desiring to go from house to house or from place to place in the City of ---- to sell or solicit
orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to
newspapers or magazines, shall make written application to the City Secretary of the city for a license to
do so, which application shall show the following:
(a) The name and address of the applicant;
(b) The name and address of the person, firm or corporation, if any, that he or she represents;
(c) The kind of goods offered for sale;
(d) Whether such applicant upon any such sale or order shall demand, accept, or receive
payment or deposit of money in advance of final delivery; and
(e) The period of time such applicant wishes to sell or solicit in the city.
Section X.X05 License Fee
Prior to the issuance of a license under this article, a fee shall be paid by the applicant as provided for in
the fee schedule found in the Appendix of this code. When any person, firm, company, partnership,
corporation or association engages in any activity mentioned in this article through one or more agents or
employees, such person, firm, company, partnership, corporation, or association shall in addition to the
fee mentioned above, pay an additional fee as provided for in the fee schedule for each agent or
employee so engaged.
Section X.X06 Bond Required
The license application mentioned in this article shall be accompanied by a corporate surety bond of a
surety company licensed to do business in this state in the amount of one thousand dollars ($1,000), and
conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines, and
newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to
indemnify any and all defects in materials or workmanship that may exist in the article sold by the
principal of said bond, at the time of delivery and that may be discovered by such purchaser or customer
within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons,
firms, or corporations that make any purchase or give any order to the principal; provided that in case the
applicant is a person, firm, company, partnership, corporation or association shall be required to enter
into only one bond, in the sum of one thousand dollars ($1,000) as above required, which bond shall be
made to cover the activities of all agents or employees.
Section X.X07 Hours Regulated
It shall hereafter be unlawful for any person to go from house to house or from place to place in the City
of ---- soliciting, selling or taking orders for any goods, wares, merchandise, services, photographs,
magazines, newspapers, or subscriptions to newspapers or magazines, except during the hours from 9000
a.m. until 9*00 p.m.
Section X.X08 Exemptions; Disclaimer
(a) The provisions of this article shall not apply to sales made to established businesses or professions by
commercial travelers or sales agents in the usual course of business, nor to sales made under authority
and by order of law.
(b) The City of ---- disclaims any liability whasoever for the delivery, receipt, use or consumption of any
products, services, goods or wares, or for the conduct of said persons, herein exempted from the
provisions of this article.
E
ARTICLE X.X00 DISCHARGE OF FIREARMS AND WEAPONS*
§ X.XOl Unlawful Discharge of Firearms and Weapons
It shall be unlawful to discharge or cause to be discharged within the city limits of the City
of ----- the following weapons:
(a) Any firearm, rifle, shotgun, automatic rifle, revolver, pistol, or any other weapon
designed for the purpose of firing or discharging a shell or cartridge, whether such shell or
cartridge is blank or live ammunition, or
(b) Any B-B gun, pellet gun, air rifle, bow and arrow, or other device, manufactured,
altered or intended to cause any material, item or thing to become a projectile.
§ X.X02 Exceptions
The provisions of this article shall not apply in the following situations:
(a) Police officers while in performance of their official duties.
(b) Where a special permit application describing in detail the request of the applicant has
been filed with the City Secretary, reviewed by the Chief of Police, and approved by the
City Council.
(c) Where blank cartridges are used to indicate the beginning of a sporting event under the
auspices of the schools or when such sporting event is in conjunction with other activities
approved by the City Council.
* State Law reference -Authority of city to regulate firearms, V.T.C.A., Local Government Code,
§ 215.001; Unlawful carrying of weapons, V.T.C.A., Penal Code, § 46.02, et seq.
ARTICLE X,X00 NOISE NUISANCES*
Any unreasonably loud, disturbing or unnecessary noise which causes distress, discomfort
or injury to persons of ordinary sensibilities in the immediate vicinity thereof, or any noise
of such character, intensity and continued duration which substantially interferes with the
comfortable enjoyment of private homes by persons of ordinary sensibilities, is prohibited
and is deemed a nuisance.
The following acts, among others, are declared to come wn the purview of this article
and to be nuisances within the meaning hereof, but said enumerations shall not be deemed
to be exclusive, such acts being as follows:
(a) The playing of any radio, phonograph or other musical instrument in such a manner or
with such volume, particularly during the hours from 10:00 p.m. until 7:00 a.m., as to
annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any
dwelling, hotel or other type of residence;
(b) The use of any stationary loudspeaker or amplifier, particularly during the hours from
10:00 p.m. until 7:00 a.m., to produce a noise or sound of such intensity that annoys or
disturbs persons of ordinary sensibilities in the immediate vicinity thereof,
(c) The continued or frequent sounding of any horn or other signal device on any
automobile or other vehicle except as a danger or warning signal, or the creation by means
of any such signal device of any unreasonably loud or harsh noise for any unnecessary
purpose or unreasonable period of time;
(d) The blowing of any steam whistle attached to any stationary boiler, except when giving
notice of the time to commence or stop work, or as a warning of danger,
(e) The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, or motor vehicle or boat engine, except through an exhaust system in
good working order and in constant operation to prevent excessive or unusual noise;
(f) The use of any mechanical device operated by compressed air, unless the noise to be
created thereby has been effectively muffled and reduced;
(g) The creation of any excessive or unreasonable noise on any street or premises adjacent
to any school, place of religious worship, or other institution of learning while the same is
in session, or any hospital, which unreasonably interferes with the operation or use of any
such institution,
(h) The raucous shouting or crying of peddlers, hawkers or vendors which unreasonably
disturbs the peace and quiet of any neighborhood; and,
(i) The use of any drum, loudspeaker, or other instrument or device for the purpose of
attracting attention by the creation of noise to any performance, show or sale of
merchandise.
* State Law reference -General authority of city to prevent and punish disorderly conduct, V.T.C.A.,
Local Government Code, § 217.003.
ARTICLE X,X00 DAMAGING EQUIPMENT• THEFT QF SERVICES
(a) Damaging any equipment used in the provision of utility services within the City of
Sanger is hereby prohibited. Any person so damaging such equipment shall be personally
liable for an amount equal to the repair or replacement costs of such equipment.
(b) Should the damage done to said equipment be the result of any action taken by a
person to unlawfully utilize services, such theft of service may also be punishable in
accordance with V.T.C.A., Penal Code, § 31.04.