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09/05/1979-CC-Minutes-RegularMINUTES: City Council Sept. 5, 1979 PRESENT: Mayor Cole, Cooper, Hampton, Coker, Bridges and Spindle Others Present: City Mgr., City Sec., City Att., Scott Felton, Smith Murrin, Ron Adkins, Brad Cole, Darlene Cole, Jerry Jenkins, Vickie Jenkins, Sidney George, Lindon Carr, Joe Howard, Tenia Hoops. 1. The minutes of the August 20, 1979 and August 29, 1979 meeting were approved as printed. 2. Disbursements for the amount of $14, 354.47 were approved on a motion by Coker. Hampton second. Voted unan. 3. Sanger Electric Capital Improvements for $6219.16 were approved on a motion by Coker. Hampton second. Voted unan. Lindon Carr requested Council to approTae a work order for Sanger Electric on ?Manning and engineering of Gateway Subdivision. Mayor Cole ask Lindon why this was being brought before Council and not just considerJas any other capital improvement. Lindon stated he was talking about a considerable amount of money. The approximate cost of the project for planning and engineering would be anywhere from $800. to $1000. J. P. Hampton made the motion to approve the capital work order. Motion died for lack of a second. More dis- cussion. Motion to approve the capital work order was made by Bridges. Spindle second. Voted unan. 4. CATV - Cable T.(%. - Smith Murrin explained to Council why there was a problem in providing Cable T.V. to Sanger residents on the West side of I-35. The cost per customer would be $752.00 more per person on the West side. The subscriber rate would be such that it would not be feasible. He stated that the company would be willing to work with the residents on an individual basis with the initial installation charge around $150.00. The company would reimburse the homeowner for their initial investment over the period of any agreement set up. Lloyd Henderson pointed out a typographical error in the last sentence of Section 12. Sould read......but shall not relieve Grantee of all liability. John Coker made the motion to adopt the ordinance for Cable T.V. as follows with correction. ORDINANCE NO. 79-9 AN ORDINANCE GRA�7TING TV CABLE OF SANGER, INC., & CORPOP.ATION, A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE WITHIN THE CITY OF BANGER, TEXAS, FOR A TERM OF 15 YEARS, SUBJECT TO AND CONDITIONED UPON PER- FORMANCE BY GRANTEE OF ITS DUTIES AND OBLIGATIONS HEREUNDER, REQUIRING COMPLETION OF CATV SYSTEM WITHIN 12 MONTHS, FIXING THE TERMS AND CONDITIONS OF SAID FRAD7 SE, PROVIDING FOR A GROSS RECEIPTS TAX PAYABLE ANNUALLY TO THE CITY OF SANGER, TEXAS OF THREE( 3) PERCENT OF GROSS REVENUES OF GRANTEE, EXCLUDING INITIAL CUSTOMER INSTALLATION CHARGES, REQUIRING GRA14TEE TO INDEMNIFY CITY AGAINST CLAIMS FOR PERSONAL INJURY AND PROPERTY DAMAGE PROTECTION, PERMITTING THE CITY OF SANGER, TEXAS, TO EXAMINE THE BOOKS AND RECORDS OF GRANTEE, REQUIRING ESTABLISHMENT OF LOCAL BUSINESS OFFICE BY GRANTEE IN OR NEAR THE CITY OF SANGER, TEXAS REQUIRING ACCEPTANCE OF FRANCHISE ORDINANCE BY GRANTEE WITHIN TEN (10) DAYS OF THE PASSSAGE OF THIS ORDINANCE, AND DECLARING AN EFFECTIVE DATE OF THE ORDINANCE. Bennie Bridges second. Voting for were Coker, Bridges, and Cooper. Voting against were Spindle and Hampton. Motion carried 3-2. Pole Contract was discussed in length. The highest rate ]ATV days is $3.50. J.P. Hampton stated it would cost the City more money when the pole has to be worked. CATV said they would be willing to place the cable hook up in what ever direction City preferred. John L. was questioned regarding regulation of pole rates. He stated the matter of regulation of pole rates was up to the City. Cable T.V. expressed through franchise what they were willing to do so it would be up to Council. Murrin stated that a rate higher than 3.50 per pole would be setting a precedent which the company could not bear. Discussion. Motion was made by Coker to accept the franchise for $3.00 per pole. Motion died for lack of a second. Murrin again explained the company's position regarding the pole fee. Lindon Carr ask Murrin if they would bring the system in if there were no poles already here. His answer was no. Spindle made the motion to with a pole rental of $3.00 per were Coker, Spindle, and Cooper. Bridges. Motion carried 3-2. accept the Franchise Agreement pole.- Coker second. Voting for Voting against were Hampton and 5. Ordinance No 79-8 Amending the Subdivision Ordinance was ,__ approved on a motion by Hampton. Cooper second. Voted unan. ORDINANCE NO. 79-8 AN ORDINANCE AMENDING ORDINANCE NO. 1-20-72 OF THE CITY OF BANGER, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS FOR THE CONSTRUCTION OF CURBS AND GUTTERS IN THE PLATTING AND DEVELOPMENT OF SUBDIVISION WITHIN THE CITY OF BANGER, TEXAS AND ITS EXTRATERRITORIAL JURISDICTION, BY AMENDING ARTICLE 2-6 OF SAID ORDINANCE RELATING TO CURBS AND GUTTER WITHIN SUBDIVISIONS, AND DECLARING AN EFFECTIVE DATE. 6. John Coker made the motion into litigation participation approve the Lone Star Gas Gat participation fee to be $66.00 to approve the resolution and enter with the TML steering committee to e Rate Increase. The City's based on .03x2200. 7. Motion was made by Coker to adopt the new Police Policies and Procedure Manual. Bridges second. Voted unan. 8. Motion was made by Coker to use Maston A. Wright CPA as the City's auditor for FY 78-79. Bridges second. Voted unan. 9. Monthly Budget Report was accepted by Council. 10._ J.P. Hampton made the motion to approve the Tax Levy Ordinance No. 79-7 with a rax rate change to seventy cents (.70�) per $100 valuation. Henry Cooper second. Voting for were Cooper, Hampton, and Spindle. Voting against were Coker and Bridges. Motion carried 3-2. ORDI�T�T�I_C� NO. 79-7 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BANGER AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1979 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. 11. The final plat on Block A, Section IV, Bucklew-Freese Addition was approved on a motion by Hampton. Cooper second. Voted unan. 12. Motion was made by Bridges to renegotiate the pole contract with Centel. Spindle second. Voted unan. 13. Sub -Contractor for Wayne Street and 8th Street - City Manager explained to Council that he had talked with Luke Construction Company out of Gainesville about the repair on Wayne Drive and 8th Street. Lloyd presented Council with an illustration of the streets and the proposal work. Work on Wayne Dr. and 2nd Street would in- clude the basework including drop curb, patch, level, AC roll asphalt - 2 courses, will cover each course with 3/8 inch pea gravel and includes the repair of the north side of Wayne ex- tending east of 5th Street for a total price of $3750. Eighth Street would include patch - level, 1-layer of AC5=asphalt roll cover with 3/8 inch pea gravel for $3600. If Luke gets both jobs he would reduce the total price to $7300. The county would charge $9600. to do this work. Council discussed the use of cement where 2nd intersects with Wayne and ask Lloyd to check about the cost. Bridges made the motion to accept Luke Construction Co. as contractor to do the proposed streets subject to possible cementing of the intersection as discussed. Coker second. Voted unan. (a) police vehicle - Lloyd has checked with one Chief of Police and vehicles cost around $2,000. each. They are usually Plymouths or Dodges and he gave tips on purchasing. Lloyd plans to take Benny to go look. A completed form is submitted. It takes 7 to 14 days to process. A cashier's check is needed to purchase the vehicle and they will do a new paint job and service out. Other cities are using them as second line cars. (b) Lloyd and Lindon presented Council with the proposal form the Denton County Electric Coop. Their proposal is as follows: The first choice would be to eliminate all dually certificated areas between the City and the Cooperative. They propose to accomplish this by the following actions. (1) Redraw the single certified boundries of the city to include a half mile wide strip west of town along FM 455 to the road which runs north off FM 455 approximately a half mile west of the city limits as shown on the Texas Highway Department map. (2) At the point mentioned above the city would sell to the Cooperative its existing line along FM 455 west to Bolivar. Purchase price would be reconstruction cost new less depreciation. All customers served from the line would become customers of Denton County Electric Cooperative. (3) The Cooperative would relinquish all certificated rights in the dually certificated area bounded on the west by the Brazos transmission line and on the east by IH-35. This area extends north to the County line. Both Lindon and Lloyd were not at all in favor of this proposal. They made a counter proposal for council to consider. The proposal would suggest that the City of Sanger be certified for an area West of the City of Sanger, bound by either Duck Creek Road or Sam Bass Road. The Council agreed for the committee to first explore this proposal with Denton County Coop. Lindon and Lloyd's proposal would be to give Denton County Coop. sole certification to the Bolivar Line. (c) Tax information regarding the new TAx Appraisal Districts and the selection of the Board of Directors for the districts was discussed with Council. City Manager was advised to call Mr. Baker at the school and see when a meeting of the Small Cities is scheduled to discuss this.. (d) Ambulance information was received by Council. (e) Sewer hook-up for Charlie Belz - Mayor Cole instructed City Secretary -to look up Skelly Contract and easements to see if original owner received a free connect. ( f) J.P. Hampton wanted to know about progress on 3rd Street. City _Manager explained the ditch. had been cleaned and that he had talked with each resident. Hampton stated lady in middle house wanted a culvert. Lloyd to get back in touch with her. (g) Hampton requested City Manager to see about putting a third man on garbage truck. (h) Bridges reported that P.O. needed a letter from the City stating they had no objections to the proposed site at 6th and Elm. Mayor Cole presented him with the letter. ATTEST: