09/08/1980-CC-Minutes-RegularMinutes: City Council
September 8, 1980
Present: Mayor Cole, Cooper, Nesbitt, Spindle and Bridges
Absent: John Swindle
Others
Present: Lloyd Henderson, Mary Jo Stover, John L. Sullivan,
(See Attached List)
1. The minutes of the August
with a correction to Ite No'.
made by Nesbitt to amend the
Ordinance to concur with the
was approved July 21, 1980.
18, 1980 meeting were approved
8. Should read motion was
City's present Solid Waste
new fee rate schedule that
Spindle second. Voted unan.
2. Bridges made the motion to approve disbursements in
the amount of $20,731.77. Spindle second. Voted unan.
3. Sanger Electric Capital Improvements in the amount
of $2,648.50 were approved on a motion by Cooper. Bridges
second. Voted unan.
4. Pro/Rata Ordinance - Donn Nesbitt commended Lloyd for
the fine job he had done in re -writing the pro -rasa ordinance.
Mayor Cole stated he was still not satisfied with the built
in fees of $2.50 and $1.50 per foot on connections. With
inflation as it is this portion of the ordinance needs to
be reworked to allow for a cost figure. Lloyd to redo this
portion of the ordinance and bring back for Council approval.
Lloyd stated that Harold Easley had �aaid pro-rata fees
under protest when he took out a building permit August 4, 1980
on his day care center. Lloyd gave his permission for the
water connection so not to delay construction. Council
gave approval of a refund on the pro -rasa to Easley.
5. Mayor Cole stated the Council needs to set a policy
regarding the city's responsibility in repairing property
on easements and right-of-ways. Nesbitt stated the city
should set a precedent of replacing driveways and sidewalks
and he would like to have an ordinance amendment to replace
only driveways and sidewalks. Bridges stated it is spelled
out in the city's present ordinance what an obstruction is
and feels sorry for the property owner, but feels the city
should stick with the ordinance. Cooper stated he felt
the city should put a driveway back in same condition if
they tear it up. Mayor Cole asked John Sullivan to state
the city's legal responsibility. "Any driveway that is
an approach to property can be put there and maintained
there only with approval of the city. The city has the
Legal right to allow property owners access to the street.
The city can determine what that access will be. It is
my opinion that anyone who puts anything over easements
is at the citizens peril. The city does have some respon-
sibility when they dig a hole in the street. They must
cover it up. The legal responsibility ends when the city
makes the streets safe for public use."
Cooper made a motion to patch driveways and sidewalks with
whatever they are constructed of and fix them back like
they were. Motion died for lack of a second.
All of the councilmen were in agreement that something
needs to be done to alleviate the citizens problems as
well as the city's responsibility when driveways and side-
walks are over easements. Bridges made the motion to
table the item for further study. Nesbitt second.
Voted unan.
6. Ordinance No. 80-8, Regulating Recreational Vehicle
Parks was approved with correction by Nesbitt. Bridges
second and it was voted unan.
ORDINANCE N0, 80-8
AN ORDINANCE REGULATING RECREATIONAL VEHICLE PARKS
Tv�TITHIY3 THE CORPORATE LIMITS OF THE CITY OF SANGEiw,
TEXAS, PROVIDING A PENALTY FOR THE VIOLATION THERE-
OF, AND DECLARING AN EFFECTIVE DATE.
7. Two names were considered to fill the P & Z. vacancy
created by Harold Easley. They were: Bill Enlow and
Eunice Gray. Motion was made by Spindle to appoint Bill
Enlow. Bridges second. Voted unan.
8. Motion was made by Nesbitt that the city accept the
utilities and streets in the W. B. Shirley Addition developed
by Gene Hughes. Cooper second... Voted unan.
0
9. Consider acceptance of contract on landfill site -
Mayor Cole began by stating the city has searched for a
landfill site for years. The city has finally narrowed
down the search to one site which is. a 25 acre tract of
land just north of FM455 and east of the railroad track.
The city is now on an extension from the state with
regards to the old landfill and it will take six months.
to one year for certification on a new landfill. A
number of tests by the state and our engineers must be
done before the city could be licensed. At the present
time we don't know if the land will qualify. Mayor Cole
called for comments from the audience.
Mr. William Valentine was first to speak. He asked the
question "Does the city think it prudent to purchase
land owned by Mr_ Cooper? Does the purchase of land from
Cooper cause any concern to Mr_ Sullivan? It seems that
someone is to gain and someone is to lose. Is this the
appropriate representation of the citizens of Sanger to
limit the search?"
Mayor Cole stated there is no certainty a landfill will
be put on the land the City is contracting, for signing
a contract is just like signing a contract for a house.
Stephen Reese, an attorney was recognized.. He stated he
would not pretend to quote the law to Mr. Sullivan. There
are laws in Texas, Article 98 V.A.T. which covers conflict
of interest in government offices. It flatly prohibits
cities from buying and entering into contract with any
member of the city council. After researching the law
the city simply cannot enter into this contract.
Huston Higgs asked why the City is set on this one particular
tract of land. Mayor Cole stated this particular tract
covers up best on the core tests which were made.
Mrs. Taylor asked if the city dump had to be on -city
property The answer was no. Mrs. Taylor expressed her
concern with the new lake going in and the landfill in
this particular area. She felt a lot of concern about
aqua fires. She asked if the title of the land was in
Mr. Cooper's name. He replied, "no it is in my son and
daughters name."
Ted Fox ask why -the city wanted to go north with the site
instead of on the same side. Mayor Cole explained that
:he land did not core test satisfactorily, and to the
south we were in a flood plain area.
Mr. Valentine told Mayor Cole he was impressed with his
ability and yes the town of Sanger needs a landfill,
but is this the optimum place. He mentioned aqua fires
and weather factors and ask what the effect would be
on the Bolivar Water System. What the impact over the
next 10 or 15 years would be, and if the city had not
been able to manage the old landfill how could we say
we could manage a new one. The citizens are concerned
and the city has no tract record for managing a landfill.
Mrs.. Jillson ask Mayor Cole "Since you know you are going_
to have a lot of opposition are you going to carry on?
Mayor Cole stated the city will have oppositiions no
matter what site they choose.
Mr. Millar wanted to know what happened with the idea of
other cities joining together. Mayor Cole explained this.
Mrs. Odom was concerned with her property investment and
the area around her. Gary Lynch asked about the access
to the property. Mayor Cole stated the city didn't have
access at the present_ Mr. Valentine brought up other
landfills with Carrollton being the classic example.
General discussion.
Mrs. Jillson - Your mind is made up that you will enter
into an option/contract with Cooper to purchase this land?"
Mayor Cole, "I don't know."
Other general comments were made.
Mr. Reese "I believe my reading of the law is correct.
The action is void. My question is why spend any money
at all when the outcome is predictable."
In view of the comments made Councilman Bridges made the
motion to table the landfill contract item for further
study. Spindle second. Voting for were Cooper, Spindle,
and Bridges. Voting No, Nesbitt. Motion carried 3-1.
10. Representatives from CATV were unavailable to give
progress report.
11. City Manager Henderson passed out copies of the Pitts-
burg Tank Company contracts which were prepared by the
ci.ty's engineering firm. Contract was accepted and signed
by city officials to paint the elevated water tower.
12. Other such matters:
(a.:) Earlier in the year council had mentioned
having an appreciation function for the staff
and firemen. Lloyd said during National Fire
Prevention week would be a good time to plan
it. Mayor Cole asked Lloyd to check with
Duckworth and get prices. Benny Bridges stated
this was a special affair and he wanted or
would like more of a "country club atmosphere."
Lloyd to get prices.
(b-.) Bridges brought to council's attention a law
suit involving P & Z zoning property which a
city could not afford utilities to. Also that
cities are liable for blind intersections.
Mentioned the light on the flag pole is out.
(c.) Lloyd said that
a smoke blower
it the company
.gave the city
It was
$300.00
agreed
before
some time ago the city purchased
for $339.00 . Since we don `t use
doing the city's smoke testing;
a bid of $150.00. Discussion.
that price had to be closer to
Council would consider.
(d.) Items such as filling swimming pools and city
employees driving fire trucks was discussed.
Lloyd to find out about this.
(e.) Motion was made by Spindle
resi
gnation of Councilman
Bridges second. Voted un.a
check out the legal proce
report at the next council
Meeting adjourned.
ATTEST:
to accept the
Swindle
John .
n. Mayor Cole to
dures on this and
meeting.
r
OR