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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.