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07/24/1979-CC-Minutes-Special(B) Water leak behind slaughter house needs to be repaired. (C) Coker was requested to get with Lindon Carr and buy a fixture to illuminate the flag in the park. (D) Water leak in front of old Shamrock service station needs to be fixed. (E) Water leak North of Middle School in ditch needs to be fixed. ATTEST: MAYOR MINUTES: Special Called ��leeting July 24, 1979 PRESENT: Mayor Protein Coker, Cooper, Hampton, Bridges, and Spindle ABSENT: Mayor Cole OTHERS PRESENT: City Sec., City Att., Donn Nesbitt, Jack Armstrong, Jesse Coffey, Wendall Thomas, Billy Barclay, Lynn Mullin and Ben Campbell Mayor Protein Coker took charge of the special meeting in lieu of Mayor Cole's absence. 1. Item No. 1 on the agenda was CATV-Cable T.U. Lynn Mullin and Ben Campbell with CATU went over the Ordinance that City Attorney John L. Sullivan had drawn up. Mayor Protem Coker read just the changes the City Attorney had made in the Ordinance. They are as follows. Section 1. Grant of Authority: ...."within 10 days after the passage hereof, and also subject to, and conditioned upon the satisfactory basic and previous CATV service to the residents of City, for the term of (15) years.... CATV had requested a term of 20 years but found no problem with agreement to the 15 year term. was a Section dded. 1. Grant of Authority Entire second paragraph .- Grantee herein, by its acceptance of this franchise, hereby agrees to forthwith .make application for all necessary permits to construct and operate said CATV system in the City, and to commence construction of said system as soon as possible, and to proceed with said construction in an expeditious manner, and to substantially complete said system and have such CATV system fully operational within City within 12 months from the date hereof. After said system is place in operation, and for the life of thisfranchise, Grantee agrees to, and assumes the duties and obligations to, provide and maintain satisfactory basic and premium CATV service to the residents of Sanger, and to comply with all reasonable requests of the City of Sanger for expansion of service or available channels, provided that Grantee's compliance with such requests is reasonably practicable, and can be performed without unreasonable rate increases. Initial premium CATV service will include HOME BOX OFFICE, a subsidiary of Life and Time, service in the categories described in Grantee's application for this franchise, and may be expanded to include service of Warner Communications System Star Channel, or other premium pay TX service as .the same may become available. This paragraph was the least acceptable change to CATV. Campbell stated that by spelling out the name specifically (HBO) would hamper the service on the open market. John L. Sullivan stated that this was included with CATV's original request for franchise. John L. ask if CATV had a blanket contract with Home Box Office. CATV stated yes. CATV Further requested that the City not tie them down to one specific supplier but to state HBO or equivalent. They would like to use Showtime. John L. explained that nothing in their brochure mentioned Showtime. Ben Campbell stated they needed flexibility just like any other businessman. Discussion. Mayor Protem polled the Council. It was agreed that clarification was needed. Section 4. Subject to Police Powers of City...... "Grantee shall, at all times, keep its cables and other appurtenances used for transmitting signals shielded in such a manner that there will be no interferences with signals received by private television sets owned by persons not subscribing to Grantee's service.....Failure on the part of Grantee to fulfill said conditions shall constitute grounds for cancellation of this franchise".... CATV - No problem with this. Section 9. Payment to City...." (3%) of the annual gross receipts received by the Grantee for the rendition of basic and premium television service within the City, excluding only initial installation charges"..... CATV ask that Hot Check Charges, delinquent charges and miscellaneous other charges of the type be excluded from the 3%. SECTION 12. ASSIGNMENT. _The franchise granted hereunder, and the rights and privileges conferred thereby, shall not be assigned to any person, firm, or corporation, without - prior express written approval of the City Council of the City of Sanger, Texas, and any assignment or attempted assignment of this franchise, or any right or privilege granted hereunder, without such prior express written approval of the City Council of the City of Sanger shall constitute grounds, at the option of the City, for cancellation of this franchise. CATV stated there was no problem except financing with the bank requires stock and assets with the bank. They want to assign the bank (1st National Bank - Ft. Worth) for Financing purposes only. John L. stated you can get into a pyramid situation and wants to see any financing agreement and understand exactly what the arrangements are. Whatever Financial agreement CATV has with the bank, have the bank submit whatever they want for consideration By the Council. Discussion. J.P. Hampton requested the Pole Sharing Agreement be submitted for study and be brought back to Council the same time Ordinance is. Benny Bridges suggested to send it back to Committee for further study. Council agreed. Item to be placed on Agenda for August 6, 1979. 3. Gateway Subdivision Final Plat - Mayor Protem read the P & Z minutes and the action taken by them item for item. On a motion by Bridges and a second by Spindle, it was voted unanimous to accept Item No. 1 as recommended by the On a motion by Spindle and a second by Bridges it was voted unanimous to accept Surmountable Curb, Alternate No. 1 as recommended by P & Z. Item No. 3 needed no action if No. 2 passed. On a motion by Hampton and a second by Cooper it was voted unanimous to not grant the request for the deletion of reinforcing steel in curb and gutter, but to stay with the City Ordinance as recommended by P & Z. All items which the City Engineers advised was needed was done on the final plab. Jesse Coffey granted under separate document an easement giving the 72 feet easement as requested in Item 2 from the City Engineer's letter. On a motion by Hampton, and a second by Bridges it was voted unanimous to accept the final plat on the Gateway Subdivision. Council went into closed session in order to interview applicants for the position of City Manager. Four interviews were conducted. Applicants were: Jack Yates, Howard Thompson, Lloyd Henderson, and Shelton Cook. Council reconvened to open session and the City Secretary was requested to call a special meeting for July 26, 1979 at 6:30 P.M. to discuss Water Pressure, Cost of repair on garbage truck and interview two more applicants. With regards to the City's water pressure, Councilman Bridges requested that Billy Barclay submit to Council a written comparative water usage report for'78 and'79. In other action Council agreed to give a merit raise to Rosalie Sflu ffield. Annual salary to be $7800. Effective July 30, 1979. Motion was made by Hampton and Cooper second. Voted unan. ATTEST: MINUTES: PRESENT: City Council Meeting July 26, 1979 Bridges, Cooper and Hampton ABSENT: Mayor Cole, Coker, and Spindle OTHERS PRESENT: City Secretary, City Attorney, and Sam Little 1. Councilman Bridges presided over the meeting in Mayor Cole's absence. The City's water pressure was discussed and after consideration of the water superintendent's findings that one pump, which the packing was too tight on, had kicked a breaker and another pump which had.been switched off, it was agreed by Council that this item be placed on the next agenda for further discussion and also the possibility of installing an air conditioner to aid in keeping the pumps from automatically switching off. 2. The cost of the garbage truck was discussed. Joe Ashcraft's total cost figure including out-of-town wrecker service is $959.96. Item will be submitted with disbursements and a breakdown given. The City's agreement with Ashcraft was discussed. 3. Meeting adjourned to closed session to interview one applicant, Sam Little of Weatherford, for the position of City Manager.