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01/02/1990-CC-Agenda Packet-RegularCITY COUNCIL AGENDA TUESDAY, JANUARY 2, 1990 201 BOLIVAR STREET, CITY HALL 7:00 P. M. 1. Call to Order, Invocation, and Pledge to the Flag 2. Minutes 3. Disbursements 4. Cit.izen's Input 5. Public Hearing -Personnel Appeal -Paul Earheai•t 6. Executive Session Pursuant. to V. A. T. S. Article 6252-17(g) - Personnel 7. Consider &Possible Action Regarding Executive Session -Personnel 8. Consider &Possible Action Regarding the Audit for 1988-89 - John Graves 9. Consider &Possible Action Regarding Training Policy Proposed far Fire Department - Fire Chief Merwyn Tucker 10. Car sider &Possible Actiati Regarding Interlocal Agreer ent far Fire Services with Denton Gounty 11. Consider Possible Action Regarding Interlocal Agreement for Library Services with Denton County 12. Any Other Such Matters 13. City Administration Report 14. Adjournment Rosi lie Garcia, Gity Secretary December ?RESENT. * . Armstrong, Councilman Thomas,Councilman Harvey W. Danny Councilman'. •Councilman Jerry Jenkins OTHLJR� PRESENT: City Manager John Hamilton, City Secr°etary Rose Garcia, Robert. & Lydia Jobe & son Robbie Jobe, Matt. Hamilton, Paul & Kim Earheart, Wendy - Sanger Courier, Jim Hatcher - attorney -at -law, Shari Walters - attorney -at - law, Elaine Schad and Larry Yoat 1, Mayor Armstrong �.11ed the meeting to order. City Manager have the invocation, Mayor Armstrong led the pledge to the flag. 2. Minutes of December 4, 19g9 were approved as printed, (Tape 1, Side A) 3. Disbursements: Mahon was made by Councilman Thomas to approve disbursements for payment. Seconded by Councilman McDaniel, Motion carried. 4. Citizen's Input -None Mayor Armstrong declared Public Hearing Open. (Tape 1, Side A, 49 - 7:p.m.) Discussion. (Tape 1, Side A, #73 -Jim Hatcher) Mayor Armstrong convened City Council into executive session, Council reconvened from executive session at 7:35 p, rn. i . Consider and Possible Action Regarding Executive Session - Personnel. Motion was made by Councilman Jenkins and seconded by Councilman Shaw that we table the Public Hearing until January 2nd meeting to give Council and their attorney the opportunity to research and consider the information brought forward to them tonight. Motion carried. (Tape 13 Side A, 138) 8. Consider and Possible Action to Approve Resolution No. 19-89 In Recognition of the University of North Texas Centennial. CITY OF SANGER, TEXAS RECOGNIZINGTEXAS NORTH, Motion was made by Councilman Shaw and seconded by Councilman Jenkins to adopt Resolution 19-89. Motion carried. 9. Consider anti Possible Action Regarding Equipment Purchase - Sand Spreader. Motion was made by Councilman Jenkins that City Manager and Chuck Tucker, Supt. of Public Works, be allowed to purchase sand spreader out of funds that were not spent on dump truck. Seconded by Councilman Shaw. Motion carried. Council also gave consensus purchase not to exceed 8,Q00 on additional dump truck; funds available from the Equipment Reserve Fund. This approval was originally given August, 1989. Sa. Any Other such Matters: him to complain. b. City Manager stated that building on 5th & Wood has been used for as a business. tility service for several months and It is presently zoned esidential; however, the owners wanted to rent the building commercial use. uilding cannot be ,.♦ for use as commercial purposes. 11. City Administration Report: a. City Manager st.at.ed that at the last meeting, the Howard's came before Council concerning the Animart More located in front of their property. City Attorney has reviewed zoning ordinance and its his opinion City can enforce sections of the code dealing with dust and storage of vehicles/materials in required side yard. Mr. Neiman suggested give Animart 15 days to comply. Building Official, Chuck Tucker, will be issuing citations. ♦ . ♦. improving lighting, and perhaps some furniture and carpet. City Manager asked Council if they wanted each separate project ♦ be brought♦ them for•• approval for renovations not to exceed $6,000. Disr�xssion. Consensus of City Council to insulate and improve the li�htin�. 1 Adjournment - 8;05 p. m. � ,, .J{`:�`:•,�j"'•`' !I`�.f{} i.--Il..x,.! rii ',I {. i.. +.t..... _{_` 's'..'(` "1 }j I-fa� t-..laE3? 1.z...� L_x 1,':.'...'��:•_•F.: t ..'; ::. t , t..?;:: I":: .F..., .... t.It k !;::. i- !' , I , ! _.1 �: k �. • k !` i k f,.f k... ,: .'`' :, �::=ii :: !�.:_.. '•. 7 i :1-' f .:i C:. �....�, i.��:. 1 i` 1 ,,: :;_>i—�".i [ (':{[..:f 1-il. 1..: k ,: '. !� J ": i� F:'! f •.'� ! r. t_?k::., .,.., I_ :_!F••{'t ? 1..F`4ri.... ?f::k�!!.. i .F ,1. i" k, l(',(I:j ...... (( !_!, , i-''# (1�..•"". %_:, _ l '-if;i:� . _.. iv�i-= : { ; y k'k.. ! F..{�.. ! f,iP•il_; . <. f: { .1 k�F., 1 �..� .. 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'-, �•..! ,,its e .,i .. i.j ! { r$I_i t l� `" :i.i t IT 111 .'}, r ,_,c.:;iic .:._ _IL vI._E`�I»i i_ll1; r) !_�!_! q p i iif__ •Ju o .i t } { k:ri•!_.. ).)!•`:�I'.Ll-.€I1Lii`I `i-r}ry::t_.ki_ii"i ii;_} ._t..jft {Ji(':!_. -tii? t'•tj %i:.; TII. _CjIII rit_Ir!n,,{} 17 Is It IF I.7 % !_ `_.. ;: (�_ti'.1 ({- r`::. •t ts .I.f 1 III±:al"_�`I _ _�!.ii It I T It It IT ' i IT .E. I %., _ . _ _ _, . _ ,_.... it 'IlIt IT ;i1I1' I Iz: C ILII`')1= i_'!..—f:i'r= 1.=' ;"} 'car=; .. s lj`f .!,,I. E_.I. +-!f' itn:['t?.:. ! f 5it III, 1 V: FROM: DATE: SUBJECT; A BOX ANGER, TEXAS t1UI1VI'i1ViC 1V1iiyUl" (X 1V1Cld1VCd"g Ul 4ddC l.dl.y t�VUlil:ll Jahn Hamilton, City Manager (, December 29, 1989 _ U Public Hearing - Personnel - Paul Earheart This item is main on the agenda in order to corisider the personnel appeal requested by Paul Earheart. Please refer to the blue covered information packet from the December 18th meeting for specific statements on this matter. JH.es MEMORANDLTM #416 T0: FROM: DATE: SUBJECT: CITY OF BANGER P. 0. BOX 578 BANGER, TEXAS 76266 Honat•able Mayor & Member's of the City Council John Hamilton, City Manager lk December 29, 1989 Audit. for FY 88/89 City Auditor John Graves will be present to present the audit fog• FY 88/89. Copies of his report are enclosed in the packet for your review. JH:es enclosure O1.I ■ a � ..a 1. John Hamilton, City Manager December / !! • • Policy Proposed for Fire Chief Tucker has proposed a program to begin mandatory training for all volunteer firefighters. The State established standard for volunteer firefighters is 160 hours. This would be accomplished within existing budgeted funds in Due and Registration, Acct. #439.11 and Travel, Acct. 440.11 (total budget 2,250). It is my understanding that this training would impact our key rate which sets fire insurance rates as well as improve the professionalism of our firefighters thereby helping them to do their duties in a safer more efficient manner. This should also help to control our workers comp. and liability insurance rates. It is a win/win situation and would be money well spent. JH:es qg Al .JL 1C.I T0: T i7 /lA A.....k P jxuivie rh DATE: SUBJECT: f , r Po Ot BOX 578 ANGER3 TEXAS 7111 Jahn Hamilton, City Manager t IMI-wYat 1 UC:AAV1 F 11 G .JSi1Ga December 21, 1888 Fire Department Training lr� reference to the conversation we had far 1►aving Certified TrairLecl Firemen and the Liabilities we have associated with the job we do, 1 recornmend we set up a Basic Certification Training Course. This course will provide 162 hours of training and will take approximately ten :Tionths to complete, based on 17 hours a month training time. All firemen will be required to participate in training and will have a two year time period to achieve the basic certification level of training to retain membership in the Fire Department. raining. I have talked with iTTIr. Kenneth Swir W • grew monthly to )ur Training Officer for a i 11 on an annual basis. "r, Swindle is a very qualified instructor. He has taught both volunteer • paid departmentsforfive on DepartmentLewisville Fire • is Training Officerfor •. wouldVillage Fire Department. Mr. Swindle would be a member of our lepartment. and answer fire calls withour other members. He would s • give us training on an • oing basis. Mr. Swindle ,anifflar with the Training Program . thru the State Firemen and Assoc.Fire Marshall Registration.Dues & have $ •Expenditures o this date and there will be other expenses the balance of additionalim requesting an 51 r to theseaccounts TP :'age 2 T».aininnr is nna iF not tha rnnct imnnrt�an4 na»t nt' tha G`ira Tiancartrryant ; 1 WLA ELE I4G dJ VEAV' db AAV4 41;V Ab;VJ4 ;l A; IJ Vl 4Wb14 MWl 4 VA 4A;V A lb V LVPJWA 4LL;VL;4♦ This program will provide all our firemen with a minimum amount of quality training and will be a very positive step toward improving our department. IvIT:� o� 1 O: FROM+ DATE: SUBJECT: Ps Oo BOX 578 ANGER, TEXAS 76266 ohn Hamilton, City R Manager nterlocal Agreement .Department, Tlie enclosed Interlacal Agreement far Fire Services is presented far ,your consideration. Fire Chief Tucker recommends approval. JH:es enclosures VIC BURGESS COUNTY)UDGE December 13 , 1989 Merwyn Tucker, Chief Sanger Fire Dept, P.O. Box 578 Sanger, Texas 76266 Dear Chief Tucker: Enclosed are two originals of an Interlocal Agreement for Fire Protection services for the fiscal year 1989-90. Please sign and notarize both originals and return them to the Denton County Judges Office, 110 West Hickory, Denton, Texas 76201, to be placed on the Commissioners Court Agenda. After Commissioners Court has approved the contract, one signed origninal will be returned for your records and a copy will be forwarded to your County Commissioner. Should you have any questions, feel free to call. Y rs very truly, Vic Burgess County Judge VB:gb Enclosures COUNTY COURT OF DENTON COUNTY • COURTHOUSE -ON -THE -SQUARE 110 W. HICKORY • DENTON, TEXAS 76201 . (817) 383-0298 • 1-800-346-3189 THE STATE OF TEXAS COUNTY OF DENTON TNTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES This agreement is made and entered by and between Denton County, a political NGER subdivision of the State of 'Texas, hereinafter referred to as "County"; and BA VOLUNTEER FIRE DEPARTMENT a municipal corporation or incorporated volunteer fire department located in Denton County, Texas, hereinafter referred to as "AGENCY". WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation or incorporated volunteer fire department, duly organized and operating under the laws of the State of 'Texas and is engaged in the provision of fire protection servi ece and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained, personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain fire protection services rendered by AGCNCX, as more fully hereinafter described, for the benefit of the residents of Denton County, Texas; and WHEREAS, the provision of fire protection services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), the Interlocal Cooperation Act and Sections 352,001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND AGENCY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the lst day of October, 1989. II. The initial term of this Agreement shall be for the period of October 1, 1.989 to and through September 30, 1990. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the COUNTY and AGENCY agree in writing on or before the first day of September, to the amount of consideration to be paid hereunder for each successive term; provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. Services to be referred hereunder by AGENCY are fire protection services normally rendered within the AGENCY Fire Department, as hereinafter defined, to citizens of CO UN"fY, to wit: A. The availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY Fire Department described on Exhibit A hereto; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction of such Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced 4pIsewhere herein and the per -call fee set out elsewhere hercin, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton County who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. 130 The AGENCY Fire Department shall respond to requests for fire protection services made wn the rural areas of COUNTY, described on Exhibit A attached hereto for the enumerated fit°e protection services. C. i'he COUNTY agrees that in the event a fire in the designated area of the AGENCY is considered to be of incendiary nature by the AGENCY and upon request by the AGENCY, the f;ounty Sheriff. will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the AGENCY shall not be responsible for investigations of suspected incendiary fires in rural. area, but shall be expected to cooperate with the County Sheriff in immediately relating all pertinent information possible to the investigator(s), E. It is recognized that the officers and employees of AGENCY'S Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter. shall be in all things final. IV. 'T'he COUNTY shall designate the County Judge to act on behalf. of COUNTY, and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of Did COUNTY herein stated; and, shall devote sufficient time and attention to the execution oI said duties on, behalf of CO UNTY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any; in the futherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and AGENCY. AGENCY shall insure the performance of all duties and obligations of AGENCY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of AGENCY and COUNTY. Vt. For the services hereinabove stated, COUNTY agrees to pay to AGENCY for the full performance of this agreement, the sum of FOUR THOUSAND SEVEN HUNDRED FIFTY AND 00/100 ($4,750.00) Dollars upon execution of this agreement and the sum of Eighty and 75/100 ($80.75) Dollars per fire call in the designated unincorporated areas of Denton County, Texas. AGENCY understands and agrees that payment by COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and in conformance with applicable state law. Plil COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, empolyees, and agents while within its City Limits. o(-),(4) VIII COUNTY and AGENCY understand and agree that liability under this contract is governed by Article 4413 (32%) S46 and Section 352.004 Local Government Code. This agreement is made in contemplation of the applicability of these laws to the agreement. In so far as legally possible COUNTY and AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. I X. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. X. This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro testa for all services performed totermination date, together with reimbursable expenses then due and as authorized by this agreement. I the event of such termination, should AGENCY be overcompensated on a pro rates basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rates for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XI. The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of. their responsibility for providing protection for the public health makes it imperiative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and funrtioncz This agreement represents the entire and integrated agreement between AGENCY and COUN'i'Y and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both AGENCY and COUNTY. v XI11. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. X1V In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 022 Executed in duplicate ori6ilick ls COUNTY OF DENTON BY: COUNTY BUDGE ATTEST: BY: DEPUTY, COUNTY CLERK "AGENCY" BY' FIRE CHIEF �blAYOR APPROVED AS TO FORM AND CONTENT: Rob Morris DENTON COUNTY ATTORNEY this, the B Y: AT'C ES`T': BY: DACE DATE day of STATE OF TEXAS )( COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day Honorable Vic Burgess, Denton County Judge, known to me to is subscribed to the foregoing instrument and acknowledged tc foregoing Interlocal Cooperation Agreement for the purposes expressed, in the capacity stated, and as the act and deed SEAL personally appeared the be the person whose name me that he executed the and consideration therein �f said County, GIVEN under my hand and seal. of office this the day of THE STATE OF TEXAS COUNTY OF DEN'1'ON 1989. Notary Public i�t and for the State of Texas. My Commission expires: (Notary's Printed Name) BEFORE IVIE, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said AGENCY. GIVEN under my hand and seal of office this the day of 1989. Notary Public in and for the State of Texas. Nly Commission expires: (Notary's Printed Name) SEAL 02 �r n. d V. FROM: DATE: SUBJECT: A Po 04 BOX 578 ANGER, TEXAS Q_,+1 L7n nvnn��n ggRnerno+ 4_ ARnswilanwr+ n4' 41-.n i"E4e• fe.+»a-. r.El liV1�Vd UIJ1G dV1UJf Vl lX dV1Q1d11JC17 Vl l.ddG 1.i 11.�' I.�VUldl.il John Hamilton, City Manager i, December 29, 1989 Interlocal Agreement - Library The enclosed Interlocal Agreement with the County for up to �13,817 in library operations funds is presented for your consideration. JH;es enclosures 02J VIC BURGESS COUNTY JUDGE. December 13, 1989 Honorable Nel Armstrong City of Sanger P.O. Box 578 Sanger, Texas 76266 I c; lil DEC ll I � Dear Mayor Armstrong: Enclosed are two copies of an Interlocal Agreement for Library services between Denton County and the City of Sanger for fiscal year 1989-1990. Please sign both originals and return them to Denton County Judges Office, 110 West Hickory, Denton, Texas 76201, to be placed on the Commissioners Court Agenda. After Commissioners Court has approved the contract, one signed original will be returned for your records and a copy will be forwarded to your County Commissioner. Should you have any questions, feel free to call.. ours ve y truly, Vic Burgess ' County Judge VB:gb Enclosures ono COUNTY COURT OF DENTON COUNTY • COURTHOUSE -ON -THE -SQUARE 110 W. HICKORY • DENTON,TEXAS 76201 • (817) 383-0298 • 1-800-346-3189 THE STATE OF TEXAS )( COUNTY OF llENTON )( INTERLOCAL COOPERATION AGREEMENT FOK LIBRARY SERVICES THIS AGREEMENT is made and entered into this day of October, 1989, by and between DENTON COUNTY, a political subdivision of the Great State of Texas, hereinafter referred to as "County", and the CI Y �F �P.N,GIEB a municipality of Denton County, Texas, hereinafter referred to as "Niunicipality". WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County; and WHEREAS, MUNICIPALITY is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas; and itiHEREAS, COUNTY and MUNICIPALITY desire to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental. contracting authority at the local level for all. or part of the functions and services of police protection and detention services; fire protection; streets, roads, and drainage; public health and welfare; parks; recreation; library services; museum services; waste disposal; planning; engineering; and administrative functions such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT, Art. 4413 (32c), (Vernon Supp.), the Interlocal Cooperation Act; and NOW THEREFORE; COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The effective date of this agreement shall be the 1st day of October, 1989. II. The initial term of this Agreement shall be for the period of October 1, 1989 to and through September 30 , 1990. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County MUNICIPALITY to the maximum extent authorized by this agreement, without regard to race, religion, color, age, and national origin; to wit: 1. Library services and other related services for the benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas. IV. Inasmuch as the City of Sanger PUBLIC LIBRARY is for the use, benefit and enjoyment of all citizens of Denton County, Texas, upon proper proof by individual(s) of residence of. Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a "Library card" to be used in connection with said library services. V. COUNTY shall designate Honorable Vic Burgess to act on behalf of COUNTY, and to serve as "Liaison Officer" for COUNTY with and between COUNTY and MUNICIPALITY. Honorable Vic Burgess or his designated substitute shall. insure the performance of all duties and obligations of COUNTY herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in ca) 02�3 full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of COON I , S employees, agents, contractors, sub- contractors, and/or laborers, if any; in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. VI. MUNICIPALITY shall designate to act on behalf of MUNICIPALITY, and to serve as "Liaison" for MUNICIPALITY with and between, MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full. compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the MUNICIPALITY employees, agents, contractors, sub -contractors, and/or laborers, if any; in the furtherance of the purposes, terms and conditions of this Agreement for the mutual. benefit of MUNICIPALITY and COUNTY. VII. Nl UN ICIP ALIT Y agrees to indemnify and hold harmless COUNTY , its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys fees in case it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or in part by COUNTY or MUNICIPALITY, including but not necessarily limited to any negligent act and/or omission of any employee of MUNICIPALITY, its directors, members, or that of asub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts COUNTY and/or MUNICIPALITY is liable. cs) 02L� VIII. MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys fees in case it shall be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, illness, or death, or for property damage, including loss of use, and (2) caused in whole or in part by M UNICTPALITY'S negligent act and/or omission, or that of asub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with iVIUNICIPALITY for whose acts the tM UNICIPALITY is liable. IX. The NIUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and means, and for the coordination of all work performed under the terms and conditions of this agreement, shall. insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the iV1UNICIPALITY stated in this agreement, and give all attention necessary for such proper supervision and direction. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S sub -contractors, and/or contract laborers, and for those of all. other persons doing work under a contract or agreement with said COUNTY. XI. The MUNICIPALITY agrees to and accepts full responsiblity for the acts, negligence, and/or omissions of all the MUNICIPALITY'S employees, and agents, the MUNICIPALITY'S sub -contractors, and/or contract laborers, and for those of all. other persons doing work under a contract or agreement with said MUNICIPALITY. XII. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Agency 11/IUNICIPALITY nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. XIII. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XIV. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALI'CY. X V. "COUNTY", Denton County is a political subdivision of the State of Texas. The address of "COUNTY" is: Commissioners Court of. Denton County Courthouse on the Square 110 W. Hickory Denton, Texas 76201 Telephone (817) 3834298 Attn: Honorable Vic Burgess Denton County Judge XVI. tVIUNICIPALITY is a public service organization of Denton County, Texas. The address of "MUNICIPALITY" is: City of Sanger P.O. Box 578 Sanger, Texas 76266 Telephone (817) 458-7930 Attn. XVII. For the services hereinabove stated, COUNTY agrees to pay to MUNICIPALITY for the full performance of this agreement, $1.1718 per capita of 5,220 or the sum of SIX THOUSAND ONE HUNDRED SEVENTEEN AND NO/100 ($6,117.00) DOLLARS to be paid in equal quarterly installments of ONE 'I'HOUSANll r'IVI HUNllttEU TWENTY NINE AND 25/100 ($1,529.25) DOLLARS commencing October 1, 1989. In addition, COUNTY agrees to pay to MUNICIPALITY up to SEVEN THOUSAND FIVE HUNDRED AND NO/100 ($?,500.00) DOLLARS in matching funds upon receipt of proof from the MUNICIPALITY that revenue from sources other than Denton County has been received and that this information shall be provided each quarter to COUNTY and will be matched in full each quarter until such time that $7,500.00 has been paid. COUNTY understands and agrees that payment by COUNTY to the MUNICIPALITY shall be made in accordance with the normaI and customary processes and business procedures of COUNTY. This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of said reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement. 0340 (6) Me This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/ agreements, either written or oral. This agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XX. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of t he parties hereto, shall be governed by fife laws of the Staie of Texas. Further, this agreement shall be performable and alt compensation payable in Denton County, Texas. XXI. In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XXII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. c7) OVa� 0 STATE OF TEXAS )( COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this the day of , 1989. J r Notary Public in and for the State of Texas My Commission expires: SEAL (Notary's Printed Name) STATE OF TEXAS )( COUNTY OF DENTON )� BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement of the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said GIVEN under my hand and seal of office this the day of 1989. Notary Public in and for the State of Texas My Commission expires: SEAL (Notary's Printed Name) 03 CITY OF SANGER P. 0, BOX 578 SANGER, TEXAS 76266 MEMORANDUM #418 TO: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Manager It DATE: December 29, 1989 SUBJECT: City Administrator's Report. 1j. During the severe cold on the Christmas weekend, Brazos Electric, our wholesale supplier, repeatedly notified the City that emergency curtailment of electric power was imminent. The absolute most critical time was Friday and Saturday morning, Our power supply Is tied in with a state-wide network and as power generating stations in Houston, Longview and Midland failed and went off line, I believe Brazos did an outstanding job to maintain our power supply. During this critical time our distribution system performed very well with only a few minor problems that effected relatively few customers. 2j. Over the Christmas weekend our Public Works department answered 65 calls for service, the majority being for frozen water meters. The cost to the Water Department in materials should only be $1,200. The labor costs for the weekend were about $1,000 in overtime, JH:es 03�; c ity of December 27, 1989 Mr. Allan Watt Animart 301 Stemmons P. O. Box 111 Sanger, Texas 76266 Dear Mr. Watt: CERTIFIED #P-787-161-346 It has come to the attention of the City of Sanger Council that certain property owned by you.and located at I111111135 Service Road in the City of Sanger, is in violation of City Ordinance, Section 18.1 paragraph 8 (b).and (d). Attached is a copy of these ordinances for your review. The existing condition in violation of this code is the problem with dust from the shavings and the storage of merchandise and equipment outside of the building. You are hereby notified that this condition must be corrected within fifteen (15) calendar days from our first meeting on 12/27/89. If this condition has not been corrected, the City will proceed with the following options: 1. Citations will be issued for three to five consecutive days. (If this does not rectify the situation, then, the following.) 2. City will be forced to seek injunction to prohibit the continued violation of the ordinance. If please matter you have any ,other questions concerning this matter, contact the City of Sanger. Any effort toward this will be appreciated. Sincerely, Chuck Tucker Building Inspector CT:es attachments 201 BOLIVAR ST. • P.O. BOX 578 • BANGER, TEXAS 76266 • 817-458-7930 -