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.
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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 -