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08/01/1994-CC-Agenda Packet-RegularCITY COUNCIL AGENDA AUGUST 1, 1994 201 BOLIVAR STREET, CITY HALL CITY COUNCIL CHAMBERS 7:00 P.M. 1. Call to Order, Invocation, and Pledge to the Flag a). Approve Minutes b}. Disbursements S. Citizen's Input 4. Request from Citizens on 1st Street Regarding Drainage Problem 5. Consider and Possible Action Regarding Demolition of buildings at New Library Site 6. Consider and Possible Action Regarding Ordinance #07-94 -Hotel �� , � l Occupancy Tax PASSEDb T 7. Consider and Possible Action Regarding Ordinance #019-94 - Franchise Agreement Lone Star Gas Co. PASS 8. Consider and Possible Action Regarding Texas Community Development Grant PASSED W. EMISSIONc1 9. City Administration Report 10. Any Other Such Matters 11. Adjournment Rosalie Chavez City Secretary 7/29/94 2:30 p.m. Date &Time Posted v UP WI48045 *ISO kteWS MINUTES: City Council Workshop Meeting July 18, 1994, 6:00 p.m. MEMBERS PRESENT: Mayor Nel Armstrong, Councilman Tommy Kincaid, Councilman Joe Bell, Councilman Jerry Jenkins, Councilman Jack Richardson, and Councilwoman Margie Braxton t7THERS PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, and Glenn Ervin 1. Mayor Armstrong called the meeting to order. �. Discussion -Draft Budget FY'94j95 City Administrator briefly made his recommendations and projections far revenues. City Administrator stated the reason far the $1.00 increase per month in the solid waste fees was due to information he has from Texas Waste Management that sometime during the year they will be asking for an increase in their rates. Water rate charges would increase $.05 per thousand gallons. Wastewater rates would increase $.05 per thousand gallons. City Administrator further stated that na further increase in electric rates is anticipated above the 3.75°lo passed through a wholesale cast from Brazos. A brief summary was made by City Administrator regarding revenues and same of the expenditures. 3. Meeting adjourned. MIN[J I City Council Meeting July 18, 1994 MEMBERS PRESENT. Mayor Nel Armstrong, Councilwoman Margie Braxton, Councilman Joe Bell, Councilman Jack Richardson, Councilman Jerry Jenkins and Councilman Tommy Kincaid PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Police Chief Benny Erwin, Public Works Foreman Eddie Branham, Garland Thornton - GNB, Lisa Hardy -Sanger Courier, and Glenn Ervin 1. Mayor Armstrong called the meeting to order. City Administrator John Hamilton gave the invocation which was followed by the pledge to the flag. 2. CGNSENT AGENDA a}. Approve Minutes b}. Disbursements Councilman Jenkins made the motion to approve Consent Agenda. Seconded by Councilman Kincaid. Motion carried. 3. Citizen's Input -None 4. Consider and Possible Action Awarding Fire Department Vehicle Blds Gnly one (1} bid received from the following: XA Hilz-Snider Chev. Lease/Purchase 7.75% Int. Rate (not locked in} 48 most $22,717.25 D.G.D. - 90/ 110 days Councilman Richardson made the motion to authorize purchase of a 1995 Suburban from Hilz-Snider as bid. Seconded by Councilman Jenkins. Motion carried. 5. Consider and Possible Action Regarding Public Safety Radio System Discussion. CC MINUTES 7/ 18/94 PAGE 2 Motion was made by Councilman Kincaid to accept recommendation of the committee to approve the purchase of the 800 megahertz radios for police department and fire department. Seconded by Councilwoman Braxton. Motion carried. 0. Consider and Possible Action Regarding Resolution #R9-94 - Limb/Brush Collection Discussion included the fee to charge for the service . On items 3 & 4 the following changes were made: 3). For any removal that would require more than thirty (30) minutes, a Public Works supervisor shall inform the customer requesting the service that the minimum charge of $15.00 for the first thirty (30) minutes work will be charged, plus a charge of $7.50 for each part or half hour necessary to complete the requested service. 4}. During extraordinary circumstances such as weather related damage or other disaster either natural or man-made, the City of Sanger will in all cases act in the best interest of the community as a whole. Motion was made by Councilman Richardson to adopt Resolution #R9-94 as changed effective today. Seconded by Councilman Jenkins. CITY OF SANDER Resolution #R9-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER ESTABLISHING A POLICY FOR CHANGES RELATING TO BRUSH AND LIMB COLLECTION BY THE CITY OF SANGER. 3). For any removal that would require more minutes, a Public Works supervisor shall requesting the service that the minimum the first thirty (30) minutes work will be than thirty (30} inform the customer charge of $15.00 for charged, plus a of $7.50 for each part or half hour necessary requested service. Motion carried with one (1) no vote -Councilman Sell. charge CC MINUTES 7/ 18/94 PAGE 3 7. Consider and Passible Action Regarding Resolution #R10-94 - Denco 9-1-1, 1995 Fiscal Plan CITY OF BANGER, TEXAS RESOLUTION NO. #R10-94 A RESOLUTION APPROVING THE FISCAL YEAR 1995 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO ARTICLE 1432e V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Bell to approve Resolution #R10-94 Denco 9-1-1, Fiscal Plan. Seconded by Councilman Jenkins. Motion carried. 8. Consider and Possible Action Regarding Ordinance #012-94 - Electric Rates Discussion included the passings of the 3.75°lo rate increase from our electric provider Brazos Electric to the City in August, 1994. The ordinance indicated the 3.75°lo increase to be passed on to all classes of electric customers effective with the billing in August, mailed out September lst. Motion was made by Councilman Kincaid to adapt Ordinance #012-94. Seconded by Councilman Jenkins. CITY OF SANDER, TEXAS ORDINANCE NO. #n 12-CIA AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.800 AND APPENDIX ARTICLE 27.101, ARTICLE 27.102 AND ARTICLE 27.103 OF THE CITY OF SANGER CODE OF ORDINANCES; AND, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. Motion carried. 9. Consider and Possible Action Regarding Ordinance #016-94 - Standard Municipal Maintenance Ordinance and Agreement -City of Sanger/Texas Dept. of Transportation Discussion. CC MINUTES 7/ 18/94 PAGE 4 lvlotion was made by Councilman Jenkins to adapt Ordinance #016-94. CITY OF BANGER ORDINANCE #a l&94 SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF SANGER, COUNTY OF DENTON, TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, CO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. Seconded ion carrie bCouncilman Sell. Mot WY 10. City Administration Report City Administrator reported on the following: a}. Electric Department has started work on Willow Street to relocate same existing overhead electric lines, the overhead lines will remain on the north side of Willow and all overhead on the south will be removed. b}. The rain has impacted swimming pool attendance; however, today its attendance is back up. Last day for operation is Saturday, September 3rd due to staffing problems. c}. Staff has begun work on revised multi -year street improvement program and should have draft available by mid -August. d}. John Mears has advised he has begun actual design of Austin/North 1tJth Street. Survey has been completed. John Mears is anticipating that a 27' or a 29' will accommodate the width and will save money. CC M11NU1 13 7/ 18/94 PAGE 5 11. Any Other Such Matters a). Larry Yoast, Electric Superintendent, advised that he finally got a price on cost for blinking red light on 4-way stop sign on 2nd and Wood. ($6,190.00 - delivered does not include installation.) b}. Eddie Branham, Public Works Foreman, stated that the Public Works Department will start spraying for mosquitos tonight at 8:00 P.M. c}. City Secretary Rose Chavez stated the Court did provide the reports requested from the last City Council Meeting. It is included in the loose material. d}. City Administrator John Hamilton stated there was a copy of the Texas Water Department Board census population estimates for Sanger. He feels they are being too conservative, for the year 2000 with an estimate population of 5,000 and the year 2010 with an estimated population of 7,200. He feels the 7,200 will be closer to the estimate for the year 2000. 12. Meeting adjourned. =:ITY OF SANGER VENDOR AP OPEN ITEM LIST COMPANY 100 7/2E/94 PAGE 1 09,36 INV NO INV DIE PG NUM DUE DIE PURCH AMT DISC, AI9T c547 FIREFIGHTERlS RELIEF CONTRIBUTION -FIR 14733 405.1100 TOTAL RET'1'RENEN'T FUND 3910 S. I35, SUITE c35 7/15194 14733 8/02/94 Iv896,00 ,00 1, 896.00 �579 AUTO GLASS CENTER WINDSHIELD-POLIC 4341 7/18/94 419.0300 878,00 TOTAL 6500 C!H TANITORIC)L S4)PPLIES PAPER SUPPLIES 19392 44'L .1600 TOTAL -t501 COPISUNER UNIa3Td 1, 896.00 505 He FORTH DR. 14i}87 8/02/94 278400 P.O. BGX 1104 7/07/94 14744 8/02/94 24v 70 E�.16SCRIPTI�� 147L7 7/1ct94 43C). C>ci}ii cc. 00 TOTAL 13Cat}0 CI IY OF DENTUN, FiC �. WATER TESTING 14822 456. C)600 TOTAL c78. i1t} c4. 10 c'4.70 P.O. BOX 2006 14727 8/02/94 cc. W cc, 00 i;UNICIPAL BUILDIPdG �15 EAST �CKIFlNEY 7f '1 /94 14852 8/02/94 60, 0A) 60.00 60. 00 16358 DYNA-i�ED CGRPGRATIGPd EiS SUPPLIE: 768490 7/11/94 421.1100 16257.E5 TOTAL 17300 G � G TRACTOR CG. TGF'LIN4;JPIFIS-STR 8958c S/c4/94 4110500 2100 TOTAL �cC)i}0 HILZ-SNIDER C!-<EV., INC, iPdSPECiTGN-FOLIC �c53 4110300 INSPECTION-POLIC 25317 4192 0300 A/C REPAIR-P,WKS 19378 4111000 KEY -POLICE DEPT 258C5 4110300 ADAPTER -MECHANIC 104512 419,1200 FAN BELT -POLICE 104653 419s 0300 TOTAL 3lc8J94 4104/94 13. 25 4l27/94 c1.95 5/(PI/94 2,00 5/c6/94 26. 99 6/25/94 30098 E,3v0 YARRuIf DR. 14768 B/Oc/94 137,c5 1J eLvJ 1�'3CJ FT. l�GRTH DRIVE 14496 B/Oc/94 c3.00J c3.00 P. O. 8OX 88 14108 BrCk/94 13,�5 14f62 8/02/94 13.25 14�10 8/02194 21.95 14416 8/02/94 8.00 f4499 8/02/94 26,99 14645 8/02/94 30.98 I08.4�' . OC) .GO . 00 ,00 .00 310Cai} i�ELTGTd SERVICE INC. P.G. EaOX 57E:5f 1vAiNT. AGREE. -CO f 48c,:`I f c1 /94 148;:'3 8/Oc/94 3, 6f 9.50 , t}0 � I19.19v0 3,619.Sit qJ TOTAL 31 619. 50 , 00 35_:10 ROADRUNNER IRAFFIC SUPPLY PvO.BOX 122837 SIGNS -STREET DEP 127GI 7/12/94 14618 8/0c/94 225.75 .00 CI11Y OF SANOSER AP OPEN I1011 LIST COMPANY 100 7/EE/94 RAGE y 09e36 VENDOR INV NO INV DIE PO NUM DUE DIE PURCH AilT DISC. AMT 4uC,.OJ00 CGJ.7J TDTAL 825. 75 , 00 �JJJ1 S.S. 7i30 N, I-35 CARB.KIT/GASKET- 14806 7/18/94 14806 8/02/94 22.27 .tail 4110800 LC. L` 7 IOTAL 27 .00 43701 IECHLINE4 flk. R.O. SOi 9c49 PVC/HPS HEAD-ELE 28953 5124/94 14145 8/02/94 21E35.90 ,0tj 470.O8OO 2123190 TOTAL E,235.90 .00 44030 IL AAS MEIER & DEVICE CO. 1509 NEW DA!_.LA'S HWY, P. D. BOX 3088 TEST MEFER 48346 7/e1/94 14824 8/02/94 38.79 .00 432, t)T300 6,79 IOTPL it& 79 too JtrBCrt) VIKING OFFICE PRODLtCI'S COPY PAPER -DATA 867074 7/1E/94 411.1400 49.80 TOTAL DATA PRO. Ln FLI 14718 6/30/94 441.1900 I /7. 40 TOTAL P. D. BOX 819064 I4781 8/02/94 49.80 ,00 49. 80 , 00 2219 S. LOOP 288 STE 100 i4712 8/02/94 177.40 a00 177. 40 , oo 5400i? WILLIA�S fESTI3 LAEt 2f06 iAf1ES STREET `:�E4'ER ANTtLYSIS 9�='8+) 7/13/94 I46i9 8/05/94 415. 0700 210, OO TOTAL TOTAL DL�E WITH DISCOUNTS 9,1_c8.78 TOTAL DUE- NO DId�C'CtLTNiS 9,158. 78 G/L DEPARI'NEFdTS LIrEt12ARY POLICE 3 u3/.48 SIREEfS 5 248.75 WATER 6 60.00 WASTEWATER 7 510.00 ELECTRIC 8 2,296.96 PUPLIC WORKS 10 81.9J F IRE 11 2403123 VEHICLE VAINT-GF 1E 26.99 tAYOR & COUNCIL-GF 14 49.80 HDNINISTRATION-EF 16 54.70 DATA PROCESSING 19 3,796.90 GENERAL FUND E, 740. 88 ENTERPRISE FUND 6,388x56 �1i3,trtr ,tu3 MEMORANDUM #2555 TO: FROM: DATE: SUBJECT. CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayer and City Council Members John Hamilton, City Administrator July 29, 1994 1st Street Drainage Problem Councilman Richardson requested this item to be placed on the agenda. JH:es MEMC7RANDUM #2544 Tt): FROM: DATE. SUBJECT: City of Sanger P.0. Box 578 Sanger, Texas 76266 Honorable Mayor and Members of the City Council John Hamilton, City Administrator 1July 29, 1994 Demolition -Buildings at New Library Site Mr. Sylvester Bohman has proposed removal of the old buildings at the new library site for a fee of $7,000.00. The concrete and brick would be hauled to private property east of town to be used for erosion control (as allowed by the TNRC) and the other materials would placed in the City of Gainesville's landfill. Staff recommends acceptance of Mr. Bohman's offer. As this item is less than $15,000, no competitive bidding is required. JH:mt MEMORANDUM #2552 TO: FROM: DATE: SUBJECT. CIT i Or` SAr%lu 1K F. O. FOX 578 SANGER, TEXAS 76266 Honorable Mayor and City Council Members John Hamilton, City Administrator July 29, 1994 Ordinance #07-94 - Hotel Occupancy Tax Ordinance #07-94 is presented for your consideration which levies a 7% tax on the room rate charges for hotels/motels. According to the Texas Ta used to promote "tourism" projects. Example: JH:es x Code, revenues generated for this tax must be and historical preservation and restoration This is not scientific. The current motel, Sanger Inn, has twenty-nine (29) rooms available for rent; IF a $30 per room per night average based on 50°l0 occupancy on a 360 day year, the 7°7o tax would raise $10,900 annually. Enclosures CITY OF SANGER, TEXAS ORDINANCE NO. 0 'I-94 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, PROVIDING FOR THE LEVY OF A HOTEL OCCUPANCY TAX TO BE IMPOSED ON CERTAIN BUSINESSES IN THE CITY OF SANGER; ESTABLISHING THE RATE OF SUCH TAX AND EXCEPTIONS THERETO; PROVIDING FOR THE COLLECTION OF THE TAX AND REQUIRING THE FILING OF QUARTERLY REPORTS; ESTABLISHING THE AUTHORITY OF THE CITY TO PROMULGATE RULES AND REGULATIONS AND REQUIRING ACCESS TO BOOKS AND RECORDS OF AFFECTED BUSINESSES; ESTABLISHING A LEVEL OF REIMBURSEMENT FOR THE COST OF COLLECTING SUCH TAX; PROVIDING FOR THE FAILURE TO COLLECT SUCH TAX, MAKE REPORTS OR PAY THE TAX; ESTABLISHING APPLICABILITY TO THE EXTRATERRITORIAL JURISDICTION OF THE CITY; ESTABLISHING THE APPLICABILITY OF THE STATE TAX CODE; PROVIDING FOR SEVERABILITY OF THIS ORDINANCE; PROVIDING FOR ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. DEFINITIONS That the following words, terms and phrases are, for the purposes of this Ordinance and except where the context clearly indicates a different meaning, defined as follows: Consideration. The cost of the room, sleeping space, bed or dormitory space but shall not include the cost of any food served or person services rendered to the occupant not related to cleaning and readying such room or space for occupancy, and shall not include any tax assessed for the occupancy thereof by any other governmental agency. Hotel. Any building or buildings, trailer or other facility in which the public may, for consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, dormitory space where bed space is rented to individuals or groups, apartments not occupied by permanent residents, as that term is hereinafter defined, and all other facilities where rooms or sleeping facilities or space are furnished for consideration. As defined herein, "hotel" shall not include hospitals, sanitariums or nursing homes. Occupancy. The use or possession, or the right to the use or possession of any room, space or sleeping facility. Occ ant. Anyone who, for a consideration, uses, possesses, or has the right to use or possess any room or rooms, or sleeping space or facility in a hotel under any lease, access, license, contract or agreement. -�- Permanent Resident. Any occupant who has or shall have the right of occupancy of any room or rooms, or sleeping space or facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. Arson. Any individual, company, corporation, or association owning, operating, managing or controlling any hotel. Quarterly Period. The regular calendar quarters of the year, the first quarter being composed of the months of January, February, and March; the second quarter being the months of April, May, and June; the third quarter being the months of July, August, and September, and the fourth quarter being the months of October, November and December. (a) That there is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven percent (7%) of the consideration paid by the occupant of such room to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies. (b) That no tax shall be imposed hereunder upon a permanent resident. (c) That no tax shall be imposed hereunder upon a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. SECTION 3. COLLECTION OF TAX That every person owning, operating, managing or controlling any hotel shall collect the tax imposed by Section 2 hereof for the City of Sanger. That on the last day of the month following each quarterly period, every person required in Section 3 hereof to collect the tax imposed herein, shall file a report with the City Administrator showing the consideration paid for all room occupancies in the preceding quarter, the amount of the tax collected on such occupancies, and any other information the City Administrator may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. There shall also be furnished to the City Administrator at the time of payment of said tax a copy of the quarterly report filed with the State Comptroller in connection with the State of Texas hotel occupancy tax. SEA That the City Administrator shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied hereby, and shall, upon reasonable notice, have access to books and records necessary to enable him/her to Page 2 of 4 determine the correctness of any report filed as required by this Ordinance and the amount of taxes due under the provisions of this Ordinance. ►I I 1xvil : u I Ln%kVAI I LIMILIJ M:. That every person required in Section 3 to collect the tax imposed by this Ordinance, may deduct and withhold from the payment, as reimbursement for the cost of collecting the tax, an amount not to exceed one percent (1%) of the amount of the tax collected and required to be reported. That if any person required by the provisions of this Ordinance to collect the tax imposed herein, or make reports as required herein, and pay the tax imposed herein, shall fail to collect such tax, file such report or pay such tax, or if any such person shall file a false report, such person shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine not to exceed five hundred dollars ($500.00) and shall pay the tax due, together with a penalty of five percent (5%) of the tax due for each thirty (30) days that the same is not timely filed and shall forfeit the reimbursement for the cost of collecting the tax. SECTION 8. TAX APPLIES TO EXTRATERRITORIAL .TURISDICTION . That the provisions of this Ordinance, as may be amended from time to time, shall apply to all territory with the extraterritorial jurisdiction of the City of Sanger as the same may exist from time to time, and the same shall be and is hereby unposed on all applicable persons within the said extraterritorial jurisdiction of the City of Sanger. That the administration of this Ordinance shall bein accordance with the provisions of the state law regarding hotel occupancy taxes found at V.T.COgg Tax Code, ch. 351. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council of the City of Sanger hereby declares that it would have passed such remaining portions of the Ordinance despite such invalidity. I I► ► ':I I► That any and all Ordinances of the City of Sanger heretofore adopted which are in conflict with this Ordinance are hereby expressly repealed insofar as the same are in conflict therewith. Page 3 of 4 SECTION 12, EFFECTIVE DATE That this Ordinance shall take effect from and after the day of , 19940 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, ON THIS THE DAY OF , 19940 ATTEST: CITY SECRETARY MAYOR Page 4 of 4 Y n Maximum franchise or gross receipts tax which may be imposed on a Cable TV company is 5%. 6. Taxation -General. Miscellaneous Occupation Taxes Refer to Article 19.01, Title 122A1 V.T.C.S. The Texas Constitution authorizes the State Legislature to impose rovides that a city may levy an occupation tax in an occupation taxes and further p amount not to exceed one-half of the tax levied by the State. Texas Constitution, Art, VIII, Section 1. Additionally, state statute provides that a city cannot levy an occupation tax on any item unless the State has levied an occupation tax on that same item. MX. TAX CODE ANN. Art. 101,008 (Vernon 1981). Specific items that are taxed by the state include coin -operated music machines and skill or pleasure game machines. The annual state tax on this type -of machine is $30.00 per unit and the city is authorized to cliazge an annual tax of $7.50 MX. REV. CIV. STAT, ANN, Art. 8814 (Vernon Supp. 1987). Occupation taxes have also been imposed on various types of alcoholic beverage permit fees. TEX. ALCOHOLIC BEVERAGE CODE ANN. Section 11138 s and 61.36 (Vernon 1987). Texas Tax Code Ann., Chapter 351 Generally, a city may levy a tax upon the cost of occupancy. of sleeping rooms furnished by hotels. Such tax may not exceed seven percent (7%) of the r. consideration paid by the occupant of the sleeping room to the hotel. This tax must be levied by an ordinance and the revenue collected may only be used for areas svecified by law. These areas include activities involving scp1y.Pntton0000411 , " 8. Municipal Sales and Use Tax Act (Chapter 321, Texas Tax Code Ann.) (a) A municipality may adopt or repeal a sales and use tax authorized by this chapter, other than the additional municipal sales and use tax, at an election in which a majority of the qualified voters of the municipality approve the adoption or repeal of the tax. (b) A municipality that is not disqualified may, by a majority vote of the qualified voters of the municipality voting at an election held for that purpose, adopt an additional sales and use tax for the benefit of the municipality in accordance with this chapter. A municipality is disqualified from adopting the additional sales and use tax if the municipality. (1) is included within the boundaries of a rapid transit authority created under Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes); (2) is included within the boundaries of a regional transportation authority created under Chapter 683, Acts of the 66th Legislature, Regular Session, 1979 (Article 118y, Vernon's Texas Civil Statutes), by a principal city having a population of less than 800,000; (3) is wholly, or partly located in a county that contains" territory within the boundaries of a regional transportation authority created under Chapter 683, Acts of the 66th Texas Legislature, Regular Session, 1979, by a principal city having population in excess of 800,000, unless. (A) the city is a contiguous city; or (B) the municipality is not included within the boundaries of the authority and is located wholly or partly in a county in which fewer than 250 persons are residents of both the county and the authority according to the most recent federal census; or (4) imposes a tax authorized by Article 1118z, Revised Statutes. (c) For the purposes of Subsection (b), "principal city" and "contiguous city" have the meanings assigned by Chapter 683, Acts of the 66th Legislature, Regular Session, 1979 (Article 1118, Vernon's Texas Civil Statutes)... (d) In any municipality in which an additional sales and use tax has been imposed, in the same manner and by the same procedure, the municipality by majority vote of the qualified voters of the municipality voting at an election held for that purpose may abolish the additional sales and use tax. (e) An authority created under Chapter 141, Acts of the Ord Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes), or Chapter 683, Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes), is prohibited from imposing the tax provided for in those Acts if within the boundaries of the authority there is a municipality that has adopted the additional sales and use tax provided for in the section. (f) A municipality may not adopt a sales and use tax or an additional sales and use tax under this section if, as a result of the adoption of the tax, the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions of this state having territory in the municipality would exceed two percent at any location in the municipality. Article 5190.6, Vernon's Texas Civil Statutes, allows municipalities 1 e authority to create development corporations and to levy an additional local option gales tax to fund that corporation. A sales tax of up to 0.5 % may be imposed, unless other local sales axes already imposed in the city are greater than 1.5 % - then it's .the rate that will >ring the total local sales taxes up to the 2.0% legal maximum. Municipalities may create development corporations to use the tax. Che city appoints a board. of directors to run the corporation and administer the sales ax revenues. Like all other local sales taxes, this tax' must be approved by city :.�•�_ voters. The city must allow for the vote, collection, and allocation in the same way; F.. �s the regular I % city sales tax. (Chapter 321, Tax Code.) Section 321.401 of the Tax Code outlines the procedures for calling. a ax election. A governing body of a municipality can call an election by adopting an ordinance, with a majority vote, to that effect. if approved: August :eiecuan�>mus�oe�passea�-nvw��s ,�_= ,���. are the uniform election dates and the date the tax Merchants begin new rate on January 1 First actual money is received during.March 4-15 ��' November Merchants begin new rate on April 1 First actual money is received during June January Merchants begin new rate on July 1 First actual money is received during September May Merchants begin new rate on October 1 First actual money is received during December <<� (For more information, contact the Texas Department of Commerce, or call 1-800- 888-0511.) :��;}:: 10. Tax Allocations and Computations ALLOCATION OF CATV SALES TAXES. Amends Article 1066c; ��`� Local Sales and Use Tax Act, to provide, for purposes of determuung the allocation of city sales taxes imposed on cable television services, that the sale of CATV services is consummated at the point of delivery to the consumer. .,,. If any city in which a local sales and use tax has been imposed thereafter changes or alters its boundaries, the Municipal Clerk of such city shall forwazd to the Comptroller by United States Registered Mail or Certified Mail a certified copy of the ordinance adding or detaching temtory from such city. Such :<}���� ordinance shall reflect the effective date thereof, and shall be accompanied by a map , of the city clearly showing the territory added thereto or detached therefrom. Upon receipt of such ordinance and map, the tax imposed by this Act shall be effective in such added territory or abolished in' such detached territory on the first day of the � :�s next succeeding quarter; provided that if the Comptroller shall notify the Municipal Clerk in writing within ten (10) days after receipt of such ordinance and map that he requires more time, the Comptroller shall be entitled to the elapsed calendar quarter referred to in Subsection G of this Section before such tax shall be imposed in such r�: added territory or abolished in such detached territory. ;-r'.'' SALES TAX ON TRASH PICK-UP. Through September 30, 1989, the local sales tax on garbage removal services was allocated to the taxing authority in which the office of the service provider was located. Currently, the tax is sent to the taxing authority in which the garbage is located when it is picked up. 4-16 ,. �. ' � E��� "� Form 85-116 (Rev.11-80) ,/ Date � ��' — 9� Room # TO: FRO11 For your approval. For your files. For your information. May I have your comments? Please prepare reply. Let's discuss this. Please take appropriate action. Please develop. As you requested. The 73`d Texas Legislature made significant changes to the Development Cor. poration Act enabling more cities to adopt the "economic development sales tax" for a wider range of uses. �'�'I pledge to make sure you receive full value for each and every dollar you send to Austin I guarantee that you will find the ComptroU.er's Office is a lean and efficient operation." �< Zjf OHN SHARP Public Accounts Economic Development sales Tax Since 1989, voters in many Texas ies have had the option to impose a sales and use tax to help finance their communities' economic devel- opment efforts. The authority to en- act this tax, better known as the "economic development sales tax," may be found in Vernon's Texas Civil Statutes, Article 5190.6 Sec. 4A and Sec. 4B, the Development Cor- poration Act of 1979. The 73rd Legislature• made numerous changes to the Development Corpo- ration Act. The most significant change is that more cities may adopt the sales and use tax under Sec. 4B, which allows a broader use of the revenues. Cities may adopt an economic devel- opment sales tax under Sec. 4A or 4B at a rate of ''/s, ''/4, 3/8 or %z of one percent if the total rate of all sales and use tax does not exceed two percent. Cities also may limit the du- ration of the tax and the use of the funds. Who Is Eligible? 4A sales tax: A city in a county with a population of fewer than 500,000 may impose the tax under Sec. 4A if the combined local sales tax rate does not exceed two percent and the city is not a part of a rapid transit authority. There are allowances for cities lo- cated in counties with a population of 500,000 or more (Bexar, Dallas, El Paso, Harris, Tarrant and Travis), but these vary from county to county. 4B sales tax: A city that is eligible to adopt a sales tax under Sec. 4A can do so under 4B if the combined locaI sales tax rate does not exceed two percent. A city located in a county with a populatiori of 750,000 or more is also eligible, but there is an additional eligibility requirement: the current combined sales tax rate cannot exceed 7.25 percent at the time of the election. If a city wants to hold an election to reduce its 4A tax and adopt a sales tax under 4B, the city must address the two issues as separate ballot propositions. What Can the Sales Tax Revenues Be Used for? 4A sales tax: Cities may use the money raised by this sales tax Co purposes related to industrial devel- opment. These include the following: • Purchasing land, buildings, and equipment; • Paying principal and interest on debt; • Improving airports that are an inte- gral part of an industrial park; and • Making improvements to support waterborne commerce. es may also use this sales tax to fund other purposes found in the act that are in the best interests of the city. Recent changes in the law added recycling facilities to the definition of eligible projects. The law also now prohibits using tax revenues to finance municipal water sup- plies or sewer projects. Recent legislation also added that a corporation created under Sec. 4A cannot assume, or pay princi- pal or interest on, debts that ex- isted before the city created the corporation. 4B sales tax: Cities may use money raised by this sales tax for new and expanded business enterprises. The sales tax revenues also may be used to finance the following: • Land, buildings, equipment, fa- cilities, and improvements re- quired or suited for professional and amateur sports (including children's sports); • Athletic, entertainment, tourist, convention and public park fa- cilities, including stadiums, ballparks, auditoriums, amphi- theaters, concert halls, learning centers, parks and open space improvements; • Municipal buildings, museum ex- hibition facilities and related stores, restaurants, concessions, and parking and transportation facilities; • Facilities to furnish water to the general public; • Sewage and solid waste disposal facilities; and • Maintenance and operating costs associated with projects. Before spending 4B sales tax rev- enues, corporations are required to hold at least one public hearing on the proposed project that will be funded by this tax. Is an Election Required? City voters must approve this spe- cial, dedicated tax —just like all other sales tax options. Cities may call for this election in two ways: the city council may call an elec- tion on its own; or if en percent ybTlh� Ih ��C, ��S of the registered voters�etition the city, the council must call for the election. The Tax Code states a city must call for the election at least 30 days before the uniform election date, yet the Election Code states 45 days. The Secretary of State's Elec- tions Division recommends calling for the election 45 days before the uniform election date to allow for federal pre -clearance, early voting by mail, and other required proce- dures. Note: In even -numbered years, cities cannot hold a Novem- ber election. How Is the Tax Administered? Under both sections, 4A and 4B, the Development Corporation Act has a unique provision that re- quires cities to establish a corpora- tion to administer the sales and use tax funds. The corporation must file articles of incorporation with the Secretary of State. The ar- ticles of incorporation must state that the corporation is governed under Article 5190.6, Sec. 4A or Ar- ticle 5190.6, Sec. 4B of the Devel- opment Corporation Act of 1979. The way the corporation's board of directors is composed and the length of a member's term differs between Sec. 4A and Sec. 4B. Un- der Sec. 4A, a city's governing body must appoint afive-member board, which serves at the plea- sure of the governing body and must conduct its meetings within the city's boundaries. Under Sec. 4B, the ciry's governing body must. appoint seven directors. Three of the seven directors cannot be em- ployees, officers, or members of the ciry's governing body. The other four members may be —but are no longer required to be — members of the governing body. All members are appointed to a two-year term under 4B. A few other requirements to know: a corporation's registered agent must be a Texas resident, and the »��mu� t�e�'�o►�. corporation's registered office must be within the city's boundaries. When Do the Tax Collection and Allocation Begin? If the voters approve the tax, the governing body has ten days after the election to enter the resolution or ordinance that declares the re- sults into the meetings' minutes. Then, the city secretary must send the Comptroller's Office a certified copy of the election results, resolu- tion or ordinance. The information must include: • Date election held in the city/ county/special purpose district; • Proposition voted on; • Number of votes "for adoption"; • Number of votes "against adoption"; • Number of votes by which proposition was approved; and • Adoption did pass. The Comptroller's Office must re- ceive this information from the city secretary through U.S. certified or registered mail. The Comptroller's Office will later notify the city sec- retary when it is ready to handle the administration of the tax. The tax becomes effective after one complete calendar quarter elapses from the date the Comp- troller's Office receives notification of voter approval. For example, if voters approve the tax in January 1994, and the Comptroller's Office receives notification in February, the tax becomes effective on July 1, 1994, after the calendar quarter of April -May June has elapsed. The city will then begin receiving rev- enue from the tax in September 1994. After a city receives the sales and use tax revenues from the Comptroller's Office, the city must deliver the revenues to the corporation. w-. �-�. � r ��v� Since 1987, voters in Texas cities and counties have been able to re- duce property taxes through an additional sales and use tax. In 1989, hospital districts were al- lowed a sales tax to reduce prop- erty taxes. The sales tax for prop- erty tax relief shifts part of the lo- cal tax burden to non -property taxpayers who shop in.the city or county. An eligible local government may adopt the additional tax only if the combined rate of all local sales taxes does not exceed two percent at any location within its territorial limits. Like the economic development sales tax, the "property relief tax" may be adopted by eligible cities at a rate of ''/s, %a, 3/8 or % of one percent. Counties may adopt the tax at a rate of '/2 of one percent. If a county does not have any incor- porated cities, the county tax rate is one percent. Hospital districts may adopt the tax at a rate of '/a, '/a, '/z of one percent, one percent, 1'/z percent or two percent. Recent legislative changes now al- low numerous cities in the Dallas and Fort Worth areas to impose the additional sales and use tax to reduce property taxes. Now, any city in a county served by Dallas Area Rapid Transit (DART), but which is not a part of DART and does not exceed a combined local sales tax of two percent, is eligible to adopt the tax. Also, Fort Worth is now eligible to adopt the tax. Who Is Eligible? Cities: Most cities may adopt the additional sales and use tax to re- duce property tax. A city is eligible to adopt the tax if it is not within the boundaries of a regional trans- portation authority and the com- bined local sales tax rate does not exceed two percent. Counties: Most counties may adopt the additional sales and use tax to reduce property taxes. Counties are eligible if 1) the county does not exceed the combined local sales tax rate of two percent at any location within the county, and 2) the county is not a part of a transit authority created under Vernon's Texas Civil Statutes Art. 1118x or 1118y. A transit authority is not considered part of a county if fewer than 250 people are both residents of the authority and the county. Hospital Districts: Hospital tricts authorized to impose ad va-. lorem taxes may adopt the addi- tional sales and use tax to reduce property taxes if the combined rate of all local taxes does not exceed the combined local sales tax rate of two percent at any location within the district. Is an Election Required? The governing body of the city, couILLY or hospital district may call for the election in two ways: 1) by majority vote of the governing body or 2) by petition of five percent of the registered voters. Election dates are the same as for the sales tax for economic development. When Does the Tax Begin 0 Notification requirements for the additional sales and use tax to re- duce property taxes are almost the same as the notification require- ments for the economic develop- ment sales tax. However, the sales tax to reduce property taxes can start only on October 1, so that it coincides with the start of the property tax collection's cycle. Note: All starting dates assume that cities and counties officially notify the Comptroller's Office by the required deadlines. For example, if the voters approve the tax on the uniform election date in January or May, businesses begin collecting the tax October 1 of the same year. The local gov- ernment reduces its effective and rollback tax rates for that year. However, if the voters approve the tax in August or November, then the tax change and rate reduction become effective the following year, - How Are property Taxes Reduced? Cities, counties and hospital dis- tricts may reduce property taxes by an amount equal to the estimated revenue from the additional sales and use .tax. The Comptroller's Lo- cal Assistance Division will provide the city, county or hospital district with its estimated taxable sales for the previous four quarters. Using this information, the city, county or hospital district can prepare its es- timate of the revenue for the first year that the tax is imposed, ac- cording to Tax Code, Sec. 26.041(d). Local governments lower property taxes by reducing the effective and rollback tax rates in the same year that the sales tax starts. The effec- tive property tax rate is the rate that will generate the same amount of tax revenue in the current year as in the prior year —after account- ing for changes in property values. The rollback tax rate is the highest rate that the local governing body may adopt without triggering the possibility of a rollback election by locaI voters. Local governments may set the actual property tax rate at any level, subject only to current law requirements concern- ing public hearings and tax rate rollback elections. P r � Local governments should be aware that their cash flow patterns may change if they adopt the additional sales tax. When Do the Tax Collection and Allocation Begin? Local governments should be are that their cash flow patterns may change if they adopt the ad& tional sales tax. Here's why the patterns change. Cities, counties and hospital dis- tricts collect property taxes in one short period, from October through January, essentially pro- viding a year's worth of revenue in four months. In contrast, the Comptroller's Office remits sales tax allocations to local taxing enti- ties in monthly installments, begin- ning the second month after the businesses collect the sales taxes. The local government begins re- ceiving the sales tax allocation in December. So, governments whose fiscal year is October 1 through September 30 will receive only ten months of sales tax allocations for the first fiscal year instead of re- ceiving 12 months of property tax revenue. In some cases, cities and counties receive more revenue from the additional sales tax than they an- ticipated when they adopted their property tax rate for the year. Cit- ies and counties face specific limi- tations on the use of these excess funIs, according to the Tax Code, Sec. 321.506, 321.507 and 323.505, For More Information The Comptroller's Office has a team of financial experts who can help Texas local governments de- velop their local economies. They can provide timely advice and assistance. For more information concerning locaI sales taxes or ways to oper- ate more efficiently and effectively, please call our toll -free information line: Economic and Local Assistance Divisions 1=800-531m5441, ext. 3=4679. Or mail your request to: Economic and Local Assistance Divisions Texas State Comptroiler's Office 111 E. 17th St. Austin, Texas 78744 We 1'e Here To Help! Call Toil Free. Comptroller of Public Accounts Tax Publications ■Publication #96-302 7 If you have questions or need information on a specific tax, Revised September 1993. please call our toll free numbers: For additional copies write: Comptroller of Public Accounts 1.800452-5555 1.8002524 382 1=800427-8392 Account Maintenance Attorney Occupation Tax Interstate Motor Carrier 475 4 051(Austin) 111 E. 17th Street Austin, Texas 787740100. Automotive Oil Fee Manufactured Housing Window on State Boat and Boat Motor Sales Tax Motor Vehicle Rental Government The Comptroller of Public Accounts is an Sales Tax Motor Vehicle Sales Bulletin Board equal opportunity employer and does not Tire and Battery Fees System (BBS) discriminate on the basis of race, color, General Information 1-80014524383 religion, sex, national origin, age, or dis- Fuels Tax 1-800-531=5441 ability in employment or in the provision of 1-800-252-1381 LG Decals Cement Tax any services, programs or activities. Bank Franchise Petroleum Products Local Revenue In compliance with the Americans with Franchise Tax Delivery Fee Miscellaneous Disabilities Act, this document may be Gross Receipts requested in alternative formats by calling 1=800=2524384 1-8004S24385 Oil Well Servicing the appropriate toll -free number listed Coastal Protection Amusement Tax Sulphur Tax above. Crude Oil Hotel Ocupancy Tax Or by calling: Natural Gas Inheritance Tax (512) 463A679 in Austin (512) 475-0664 (FAX) In Austin, call 4634600. From a Telecommunication Device for the Deaf (TDDI 1-8004RELAY-TX (TDD)." ) only, call 1-800-2484099. In Austin, the local TDD number is 4634621. J O H N S H A R P TEXAS C O M P T R O L L E R OF PUBLIC ACCOUNTS 1� •i 1�� t�� 11� _ , TACa12�SS>T.StaIIOC OFFK:E IACATIONS LBJ State Office Building 111 East 17th Street Austin, Texas 78774 Pxoivs: 512/463�982 Tou FRm 14800-531-5441 ma. 3-4982 Fex: 512✓475-0664 Texas Comptroller of Public Accounts Local Assistance Division Sim1=800-531=5441 or 1-512-463=4679 Financial Management.,........, ext3.4679 GIS/Maps ....................... exc 5-0480 Grantinfo ....................... ext 34911 Newsletterext 34679 General Assistance ............... ext 3,4679 LB1 State Office Bldg 1 i i East 17th Street A ztin, Texas 78774-0100 (For information on specific services, see back of card.) BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO, 4306 AUSTIN TX POSTAGE WILL BE PAID BY ADDRESSEE JOHN SHARP TEXAS COMPTROLLER OF PUBLIC ACCOUNTS POBOX2487 AUSTIN TX 7876&9850 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES f MEMORANDUM # 2550 TO: Honorable Mayor and City Council Members FROM: John Hamilton, City Administrator DATE: July 29, 1994 SUBJECT: Ordinance #019-94 -Franchise Agreement Lone Star Gas Company The enclosed is the new proposed franchise agreement with Lone Star Gas Company. After legal review and discussing the term with Mr. Vaughn of ,one Star, this proposal is presented which has a term of 25 years from 7-1-94 and an increased franchise fee of 3%. Section 9 of the ordinance allows for renegotiation of the agreement by either party at any time. JH:es Enclosures RICHARD R. VAUGHN Area Manager John Hamilton City of Sanger P.O. Box 578 Sanger, Texas 76266 Dear John: 6AA00 lone Star Gas Company 908-12 Monroe StreeT •Fort Worth, Texas 76102-6393 1-800-460-3030 July 265 1994 Wih UI I JUL 22 1994 4� Revised Lone Star Gas Franchise Agreement Enclosed is a new proposed franchise agreement based on our most recent telephone conversation. The only changes are in Sections 1 and 8, respectively, and call for a term of 25 years from the effective date of the franchise ordinance instead of 25 years from the end of the current franchise. Also, please find enclosed a revised Executive Summary that incorporates the above referenced changes, and summarizes the same in italicized print. If these changes meet with your approval, then Floyd Cunningham and I will plan to attend the City Council meeting when this proposed franchise ordiance is considered to address any questions from the Council. Just let me know when this item is scheduled for Council consideration, and don't hesitate to call if you have any other concerns or questions regarding the revised franchise documents. Sincerely, Richard R. V ��b_�_ QOUdf� EXECUTIVE SUMMARY :__IZAVli.T.y�17V[N:Ify" CITY ur SANGER (REVISED JULY, 1994) CURRENT SECTION is 25 year term to April 1, 1997. SECTION 2: No provision for reimburse- ment on Federal -Aid projects. SECTION 3: LSG work in public rights -of - way. SECTION 4: Defines service and yard line connections. SECTION 5: Provides for 50-foot main extension per customer. SECTION 6: Customer deposits with 6% interest paid by LSG. SECTION 7: Non-exclusive franchise. SECTION 8: Responsibility to Company for adequate service, rates, and maintenance. SECTION 9: 20/ franchise fee for 25 years. SECTION 10: Nullification of prior franchises (becomes Sec. 11). SECTION 11: Company acceptance (becomes Sec. 12). SECTION 12: (None). SECTION 13: (None). sgrfize.exs rev72694 25 year term from effective date of new ordinance. Provides for reimbursement to Lone Star Gas on main relocation projects from the Federal -Aid System when available. Duplicate restoration requirements covered in Section 2 and removed from this section . Uses "customer" in place of "consumer". Provides for 100-foot extension to minimum use customers. Interest amount to be calculated in accordance with State law and Quality of Service Rules. In addition, provides for no greater favorable conditions to other gas utility franchisees. (No changes). 2% fee for first art of 1994, then 3% thereafter for 25 years from proposed ective date of new ordinance. Renegotiation provision. Nullification of prior franchises. Company acceptance and 60- day nullification provision. Effective date: July 1, 1994 upon Company acceptance. ORDINANCE N0: AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF SANGER, DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES, PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1: That the City of Sanger, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter called "Company," its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares, and grounds of City for the purpose of laying, maintaining, constructing, operating, and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said City and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, said consent being granted for a term of twenty-five (25) years from and after the effective date of this ordinance. SECTION 2: Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to approximate original condition all thoroughfares and other surfaces which it may disturb. The location of all mains, pipes, laterals, and other appurtenant equipment shall be fixed under the supervision of the City or an authorized agent appointed by said City. When the Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and the relocation is the result of construction or improvement to the Federal -Aid System (or any successor thereto), and Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government, the County Government, or the State of Texas, as permitted by law pursuant to any reimbursement program, and City requests reimbursement for costs and expenses incurred as a result of such construction or improvement, Company costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to City prior to such application. City shall make a reasonable effort to provide sufficient notice to the Company to allow the submittal of appropriate cost information to the City. SECTION 3: When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of Company's construction, operation, or maintenance of the gas distribution plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. SECTION 4: In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the customer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines extending from the Company's main to the customer's meter where gas ; is measured by Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the; underground supply lines extending from the point of connection with Company's customer meter to the point of connection with customer's house piping. SECTION 5: Company shall not be required to extend mains on any street more than one hundred feet (1001) for any one customer of gas; provided that no extension of mains is required if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. SECTION 6: Company shall be entitled to require from each and every customer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company's Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ, Stat. Ann. art. 1440a as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the customer making the deposit. SECTION 7: The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. Provided, however, City shall not grant more favorable conditions, including franchise fee, to any other gas utility franchisee than are herein granted to Company. SECTION 8: Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of April, 1995, a sum of money which shall be equivalent to two percent (2%) of the gross receipts received by Company from the sale of gas to its residential and commercial customers within the corporate limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) from January 1, 1994 through the effective date of this ordinance and three percent of the gross receipts received by Company for the sale of gas to its residential and commercial customers within the corporate limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) from the effective date of this ordinance through December 31, 1994. Thereafter, Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of April, 1996, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 1st day of April, 2020, a sum of money which shall be equivalent to three percent (3%) of the gross receipts received by Company from the sale of gas to its residential and commercial customers within the corporate limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) during the preceding calendar year, which annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, and public ways of said City. The initial payment for the rights and privileges herein provided shall be for the period January .1 through December 31, 1995, and each succeeding payment shall be for the period January 1 through December 31 of the respective year in which the payment is made. And it is also expressly agreed that the aforesaid annual payment shall be in lieu of any and all other and additional occupation taxes, easement, and franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), in lieu of municipal license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas to residential and commercial customers within the corporate limits of City. Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 89 it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to its residential and commercial 3 customers within said corporate limits during the calendar year preceding the date of payment. City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. SECTION we This franchise is subject to good faith renegotiation at the request of either party at any time. SECTION 10: When this franchise effective, all previous ordinances of said gas distribution purposes which were automatically cancelled and annulled, and and effect. ordinance shall have become City granting franchises for he by Company shall be shall be of no further force SECTION il: In order to accept this franchise, Company must file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. If this franchise ordinance is not accepted by Company within sixty (60) days, the franchise ordinance shall be rendered null and void. SECTION 12: This ordinance shall become effective on July 1, 1994, provided that prior to July 1, 1994, Company's written acceptance is filed with the City. If Company's written acceptance is filed with City after July 1, 1994,,this ordinance shall become effective on the date Company's written acceptance is filed with the City. PASSED AND APPROVED on this the day of , A.D. 1994. ATTEST: C ty Secretary Mayor City of Sanger, Texas STATE OF TEXAS § COUNTY OF DENTON § CITY OF SANGER § I, , City Secretary of the City of Sanger, Denton County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Sanger, Texas, at a session, held on the day of 1994, as it appears of record in the Minutes in Book page WITNESS MY NAND AND SEAL OF SAID CITY, this the day of A. D. 1994. City Secretary City of Sanger, Texas EXTRACT FROM THE MINUTES OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS The City Council of the City of Sanger, Denton County, Texas, convened in session on the day of , 1994, at---il., with the fo ofToww nng persons present: Mayor: City Council Members: Absent: A quorum being present, came on to be read and considered Ordinance No. granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION,- a Texas corporation, a franchise to furnish and supply natural gas to the general public in the City of Sanger, Texas, for the transporting, delivery, sale and distribution of gas in, out of, and through said municipality for all purposes. On motion made by and seconded by which carried unanimously, e City Council voted the passage of the Ordinance and to record same at length in these minutes. „i , 4 STATE OF TEXAS § COUNTY OF DENTON § CITY OF SANGER § A , City Secretary %P the City of Sanger, Texas, do hereby certify that the above and foregoing is a true and correct copy of the proceedings of the City Council of the City of Sanger, Texas, at a session, held on the day of 1994, in connection with the passage and adoption of Ordinance Noo granting a franchise to Lone Star Gas Company and that the same is of record in Book page of the Minutes of the City Council. WITNESS MY HAND AND SEAL OF SAID CITY, this the of A.D. 1994. SgNCaER.2�050394 7 C ty Secretary City of Sanger, Texas day TO: FROM: DATE: SUBJECT. C11`Y OF BANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor and City CaunciI Members Jahn Hamilton, City Administrator July 29, 1994 Texas Community Development Grant Application The enclosed material from Governmental Service Agency, requires Council approval if you desire their assistance in preparing a grant application due September 21, 1994. For the past two years the City has submitted applications to construct a new wastewater line on FM 455 from about the GNB building to Second Street. This project has been estimated at about $100,000 with the City contributing approximately $15,000. These documents are only entering into an agreement with GSA to prepare the grant application. The actual project could be identified at the August 15th meeting. JH:es Enclosures GOVERNMENTAL SERVICE AGENCY, INC. T� a el i Y OF SANG'= I c� ' J U U 2 2 1994 ; July 22, 1994 John Hamilton City Manager City of Sanger 10>9 O. Bch 741: Sanger, Texa, 76266 Re: 1994/9S Texas Community Development Grant Application Dear John: It is time to begin the preparation of 1994/95 applications under the Texas Community Development Program. This year the NCTCOG Region will fund twice the number of applications since the FY '94 and FY '95 grant funds have been combined for this application cycle. Last year there were 36 applications submitted and 18 of those ;:ere funded. If your city is interested in submitting a grant for the 1994/95 applicationfound, please execute both copies of the attached agreement and return one to GSA for our tiles. The Texas Community Development Grant applica±ions are due September 2.1, 1994. We are looking forward to working with you again. If you have any questions, please contact me at any time. Sinr..erely, GOVERNMENTAL SERVICE AGENCY, INC. ii�viCi ice. �.rwis President attachment 9500 Forest Lane. Suite 408 Dallas, Texas 2-1892 Fax (214) 342-1896 AGREEMENT FOR PROFESSIONAL SERVICES WHEREAS, Governmental Service Agency, Inc., hereinafter referred to as "GSA," desires to prepare an application or applications for Community Development Projects under the Texas Community Development Program, and WHEREAS, the City of Sanger, hereinafter referred to as the "City," desires to engage the services of GSA to assist in the preparation and submission of an application for a grant under the 1994/1995 Community Development Project Fund under the Texas Community Development Program, NOW TI�REFORE, the City and GSA hereby agree as follows: Section 1: GSA will assist the City in the preparation and submission of a grant application under the Community Development Project Fund during the 1994/1995 competition round at no charge to the City. However, GSA will not be responsible for conducting any door. to -door surveys that may be necessary to document low and moderate income beneficiaries of the proposed project selected by the City if census data cannot be utilized. Additionally, GSA will not be responsible for any costs or expenses incurred in obtaining project construction cost estimates for the application or publishing public hearing notices. Section 2: Because GSA has agreed to invest considerable time and effort in the preparation of the applications) on behalf of the City, the City agrees that if the City does not hire GSA for the general administration and management of any Texas Community Development Fund grant project awarded, then the Ci Dty will pay GSA a fee of $1,500.00 for the preparation of the 1994/1995 application. ACCEPTED for the ACCEPTED by City of Sanger Governmental Service Agency, Inc. Date• �a,� � (G r✓�3 Date: 76Z-��'f MEMC?RAAIDUM #2554 PROM* DATE: SUBJECT. Y UP y s Pw Ow BOX 578 Honorable Mayor and City Council Members John Hamilton, City Administrato July 29, 1994 City Administration Report 1). As of July 17th, 25 permits for new, single family residences have been issued totalling $1,237,543. 2). Evidently, there has been a rumor circulating that the Sullivan Senior Center was to be closed by some State Agency. On Wednesday, 7/27/94, Mr. Al Murdock, Executive Director of SPAN, stated that this has no basis in fact. 3). Judith Shearmire, Swimming Pool Manager, has resigned effective August 3rd, as she is moving from the area. Terra DeSpain-Lyon who has served as Judith's assistant will assume the manager's position for the remaining days of operation. JH:es b �... -. _ Inspoc.Tim� �v Fast. County Dlst. Est.No I, D. (1-10J Can_sus Trnct 11-13I-- __-Sanit.Ctxio— Yr. Mo. Day --- � �: 1A-16 22 n ,S _ _ Owner PJflma: I�stablishmen� N�mQ: �.ddrDss: _ �J_._ PU�IPOSE nopular ..,..,. 3v.1 poliow•up ... , . , , 2 Compinint ....... 3 Invustigallon ..... 4 Othor ........... 5 ITEP.1 lro. GOOD Trrwol Timo - 23-25 �®�� ���o� �����f8������� dl���c�.��Q��6"1 ������'� Cased on on Inspection this dny, tho items c(rclCd Colour iCCnliry lho violatibns in oporalions or lacllitios which mull W corroc:o� Cy iho noxt routing inspection or such shorter period of limo as may bo specilirxf In writing by iho rnqulatory autnonty. Fatluro to comp,y with any limo Ilmfis for earrortlons spa:INod in this noUco may rowlt In cessation or yow rood SorvlCn oporrUons. . ITEt.1 , --------------wr. cot.• -- wo---------------- wr co. SEWAGE 'C:1 Sourco; sound condition, no spoilapo _ G' 30 �- 03 Uripinat contoinor; proporiy IabCia: 1 31 FOOD PROTECTIO"d '03 Polontiaily hazardcus food moots 1mn(.�oraluro rrxjuiromonts G .durinp storopo, proporatlon,'disploy; survicC tra0sportatlon .",2 '04 Facititlos to maintain product temporaluro y a 33 OS ihonnomotors provldaJ and cotispiruous 1 3A OS Potenlioliy hazardous food properly Ihcwrxf - 2 35 '07 l:mvrapped and potentially hazardous loud not nrsorved ^. A !36 Food prolactlon durinp storapo, propagation, display, � sorvfco, transportation 3T tandiinp or loud (ico) minimized p gp 10 in uso, rood (ico) Ulspenainp utonslls proporiy stored 1 9 _ - P�RSOIVNEL l� #/ � y �Ir' v V � �r T ��(��,/,'11,r�� ��l iV Y : ; abf"kl ��� 'it Porsonnel with InroG►lons�restrictal g 40 PIan05 washod and clonn; pool hypionic.practicos � 4t •13-j` 13 i Ctoan clothos, hair ro !r5ints i a2- FOOD EGIUIPMENT t� UTENISILS god (ico) contact surtacos: do�j�BO;yconstructaf, main• fined, s3aliod* to�oc—ated r�� ,.�' ' S3 ,i, n•too cond tact suripces: doslpnod, constructod, main- Iolnod, instollad, lowtod � � 10 Distiwashinp lacilities: dosignod, constn.`cted, msintarnod, 2 Instailod, tocntod, oporatod ,� •-.17 � Accurato thorrnornoters, chomlcal lost kits provided, paupo • cock ('/." IP5 voles) 1 � 10 Pre•Hushed, scropod, soa.'cod � q7 19 Wash, rinso water, clown, propor lomporalure 2 qg .,,3 Sanitlzalion rinso: Clean, tompomturo, concontratlon, ox• A i9 posura limo; equipment, utensils sanitlzod 21 K'ipinq cloths: clown, usdrostrictod 1 SO Focal -contact surtaces of oquipmont and utensils scan 2 SS rroo of uGrasivos, dotorponls Non•rood contact surtacos of �efifl t aruf utensils cl 52 _� Storapo, handling of clnan-eq�u-p�montlutcnsUs � Sfnglo-sorvlco articios, ^ ra s s No ro-uso of singlo survico ariiclCs 5, Y- �'JATt~R r"-1 j;7 ( Wa1Cf sOU 0, SarO: Old CO J , i - ;; (�y�.t�,c�,f'-�.�..� �c •�'; 6�C�LLOb"J-UP RA ING SC ((U'' �2 :' yes ..,.......74.1 tooiosswaighl�ol-�- No ........... . .. 2 Items violated - . ��: •t+. 'triticnl Items Roquirinq Immodtnlo Attention. '��•� iOIIM NCI. G•2 QlFi4 ..arc:.. Fi' �1 Sowa;,r, and wasto orator di;posai � 4 SJ PLUMBING f—� In^lallr<), mainlnlr,M �" 1 � �'3q Cross rnnnoction, back siphonapo, bocl,llow 6 Si 1"OILET 1� FiAtJDVVASt-II(JG FACILITIES '31 Numt:cr, cnnvonionl, acr:oFs�s�it.lohlo, dosignod, Inslallod � r10 T dot rooms onClnsod, tel �•r bd r'e�f � oir, ciCon; hand cleenra NjiiYr +end. rSt ryinp duvicor nrovidod, prcpor wove roceptocler »--s— � 33 Cumainon or rucoptaclna, covorrxl: odoquato num^,or 2 01 InsecUrrxJnnt Prool, Iraprnncy, clown Sq Outsldo slorago oroa enctowros properly conelructa.7, 1 0'' __.. CICan; cW+IrotlM incinurallon � / ,_-,; INSECT, RODENT, APdIMAL CONTFlOL ^5 Prc^Coco of msccUlrodoms - rwtar,oponings protogtod, 4 _�_ y no birds, lentos, 01hor anhnats ---� EL ORS, WALLS 8r CEILINGS Ingrs, COn9lrurlOd, dralnrxl, Ctnan, good fepalf, cov0llnq _ I allatinn, dustless clowning mothods '' �„ alb, , attachod oquipmont: constnrclod, good .'i„ re^ ' , surlacos, dusttoss cloanin3 ttwds �'J u ^ �`�` 8'1't�t '�^ L I :J Lighting providod as roqulrrxl, Ilxluros shlofdod 7 VENTILATION _ 3'+l dooms oml equlpmonl - voniod as roqulrod 1 W DRESSING ROOMS [ t0 riooms clean, lockers provided, lar,ilillos clean, localr:d I 1• E3 OTMER OPERATIONS Dale items properly Irxl, us �, 70 Cmises maintai idler, unnecessary articles, ' � clQaningmainlenancer;quipmenlproperiy,lored.Author• •t� 7t izc porsonnel •�• •i3 Complolo scparallon morn I(vinglsloopinq quartors. lnurdry. 1 72 44 Clean, soilul linon proporty stored i 71 -wt.y- FiCCCIVI?d i)y: '7 ACTIO�J Chanpu .7C C — Delete .... D � htsq�ct�by: �� �. ftcrnmks nn back (Dtl•1) 11,1 I c � _. Aazgu,ez*tz 2. oz �ounc�at�on S 16 eSEate tr3 t., e-Sulte 400 cSanta , bazGa%a, eaL1f oznla 937 o i July 18, 1994 1V1r. John Hamilton, City Administrator City of Sanger Texas F.G. Box 578 Sanger, TX 76266 Dear Mr. Hamilton: Telephone Fax: r :JUL' 2 1' 1994 (805) 962-9175 (805) 96M925 Your letter of March 8th was presented to the trustees of the Marguerite Doe Foundation at their recent meeting, and I have been asked to advise you that they are unwilling to make any grant until the city is prepared to make their plans and obtain estimates of the cost thereof The need is there and, therefor, the city should go forward and develop the plan that they feel they need, and must ultimately obtain. It seems unrealistic to expect a pledge or grant, for an unknown quantity. We feel the city should look at the problem in the long term, not in the short. It would appear you plan to build some kennels, but there seems to be no administrative facility, no isolation area for animals and no provisions for cats. When and if the city is prepared to go forward, and you wish to reapply, I would recommend you send us pictures of the existing facility at that time. Yours v truly, Anthony G G cc: Raymond Buelow Antonio Romasanta, Esq. 94-103 T0: JOHiV HAMILTON, CITY MAIN GER FROM: FENNY ERWIN, CHIEF DATE: 7/28/94 SUBJECT : WEEi� , JUN�C VEHICLE LETTERS Officer Amyx turned this list of Junk. vehicle and Wood letters into my office this date. A copy is attached for tkxe council. Th.e list starts on 6/1/94 and runs through 7/?S/94. �� � �� �.��4� ` � � � • , � l I35 AT DUCK CREEK RD LOOP 138 AT SOUTHLAND 401 OAK 513 S. 5TH BOLIVAR AT 6TH 112 CAROLYN 113 HILLCREST 3RD AT PLUM EAST LOT 3RD AT PLUM WEST LOT MAPLE AT I35 CHURCH AT I35 WILLOW AT RAILROAD WILLOW AT SIMS AUSTIN AT I35 SOUTH LOT 12TH AT BOLIVAR SNIDER ADDITION VACANT LOTS 6TH AT 455 N. LOOP 138 AT I35 LOOP 138 AT 10TH 2ND AT PECAN "200 ELM �1CK CREEK I35 NORTH LOT 1103 N. STEMMONS 8TH AT 455 455 AT ACKER (PORTER) GARDNER PLUMBING 1ST ST. 13TH AT BOLIVAR 208 SOUTHLAND LOT ON HILL CONOCO FREESE AT 5TH ELM AT I35 (NORTH LOT) 903 S. KEATON (LARGE LOT) KIRKLAND AT JONES (THOMAS) 712 MARSHALL MARIAMS TRAILER PARK 317 S. 7TH 106 JACKILU 107 WAYNE 1601 FAIRFIELD 105 LOCUST 107 LOCUST 311 N. 7TH (SIMMONS) 809 PLUM (GURLEY) OLD TEXACO I35 AT AUSTIN (SCHAFER BROS) AUSTIN AT I35 (GOLDSTEIN CO) ?0 WOOD (TUTTLE) y18 N. 7TH 1606 W. AUSTIN WEED LETTERS 5-26-94 5-18-94 5-20-94 5-26-94 5-18-94 5-19-94 5-19-94 5-18-94 5-19-94 5-18-94 5-19-94 5-19-94 5-19-94 5-26-94 5-19-94 5-19-94 5-19-94 5-19-94 5-18-94 5-18-94 5-18-94 5-18-94 5-18-94 5-18-94 5-14-94 5-18-94 5-18-94 5-26-94 5-27-94 5-27-94 5-27-94 5-27-94 6-1-94 6-1-94 6-1-94 6-8-94 6-9-94 6-9-94 6-9-94 6-9-94 6-9-94 7-1-94 7-9-94 7-7-94 7-7-94 7-8-94 7-8-94 7-8-94 7-13-94 LETTER SENT MOWED LETTER SENT LETTER SENT MOWED MOWED MOWED LETTER SENT LETTER SENT MOWED LETTER SENT LETTER SENT LETTER SENT LETTER SENT MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED MOWED LETTER SENT LETTER SENT CONTACT BY PHONE LETTER SENT LETTER SENT LETTER SENT VERBAL -MOWING CONTACT MADE LETTER SENT LETTER SENT LETTER SENT LETTER SENT LETTER SENT VERBAL -MOWED VERBAL -EASEMENT BANKRUPT LETTER SENT NEW OWNER CLOSING VERBAL -MOWED REPO DISPUTE 114 FREESE (WHITFIELD) AUSTIN AT I35 (SERGEANT) rREESE AT 5TH (SERGEANT) JCKLEW/FREESE (HUGHES/COPELAND) 110 SOUTH PARK (O'CONNELL) 10TH AT AUSTIN (MUIR) PEACH AT 4TH (FRAZIE) BOLIVAR AT 6TH (KRUGER) 108 SOUTHSIDE MAPLE AT 136 (MORRIS) 7-13-94 7-15-94 7-15-94 7-15-94 7-15-94 7-15-94 7-20-94 7-27-94 7-28-94 7-28-94 JUNK VEHICLES LOCATION DATE REMARKS 200 So f it •. • So • 1 ' • TAGGED�MOVED ORHOME) • 94 808 So 1ST (PETERSON) A r •. REGIONAL WATER DISTRICT June 13, 1994 Mr. Chase Baromeo0 Jr., Pa Engineer for Bolivar WSC c/o Travis Associates Consulting Engineers, Inc. 1301 South IH-35, Suite 302 Austin, Texas 78741-1169 Dear Ghasp: Y 396 W. Main. u' 102 P.O. Drawer 305 • Lewisville, 75067 (214) 219-1228 •Fax: (214) 221-9896 7ME U TY OF SANG 6"NX I L r 'JU12 2 f 1994 Your letter of March 31 concerned several specific aspects of potential treated water service to Bolivar Water Supply Corporation. Please excuse my delay in responding. The District has been updating estimates of cost and project schedules: The District plans to construct a transmission line along IH-35 to Sanger. Construction is scheduled in 1997. It can be designed to accommodate the needs you outlined for Bolivar WSC in the area Southwest of Sanger. Also, Bolivar WSC may want to contract for capacity in the line all the way to Sanger to provide for future needs. The line will be designed for future needs over a 20-year period. We expect to start design by year-end. To participate in the project, Bolivar WSC will need to enter into a standard participation contract with the District. The District provides water at cost to participants in the project. Preliminary estimate of cost of water is in the $1.75 to $2.00 per 1000 gallons range, delivered into your ground storage tank at a mutually agreed location. Bolivar WSC will be required to pay their pro rata share of up front costs to develop the system, these cost have been running approximately $3300 per year per mgd of subscribed demand. In addition, Bolivar WSC would owe prior year fees, since they dropped out of the project, Water quality will be excellent, meeting and exceeding all regulatory requirements. You asked for a guarantee about service reliability. Service standards will conform to Modern Municipal requirements. We can supply ample amounts of water, sufficient for drought conditions. If Bolivar WSC is interested in participating with the other cities and water supply corporations in the surface water system, we need to begin negotiations of a contract as soon as possible. Please let me know if you have any questions, Sincerely, /hC4'zo 2 Thomas E. Taylor Executive Director TET/feo c: Ms. Ann Ramsey, Manager, Bolivar Water Supply Corporation • : �¢.e. ,e¢/�� , %' N'ecda►�"" t�ad-,e,� � € ��1s.,a�'i0�3 �/3� n► t.-*f s V,.4%4, i 3, i 7 1 r JWW%.2_ /►�i�-mil 3; i 79 &r:o� 6�q�yyl TRAV/S ASSOCIATES CONSULTING ENGINEERS, INC. GVIL - STRUCTURAL - ENVIRONMENTAL - MECHANCS - MATERALS AUSTIN March 31, 1994 Upper Trinity Regional Water District 396 W. Main, Suite 102 P.O. Drawer 305 Lewisville, Texas 75067 Attu: Mr Thomas E. Taylor, District Director DALLAS Re: Surface Water Supply for Bolivar Water Supply Corp. Denton County, Texas Dear Mr Taylor: Cot �Z 1dk a APR 1994 RECEIVEP I have completed the FmHA engineering report required with application for Federal Assistance funding to construct needed improvements in the Bolivar WSC system. While preparing this study/report, I analyzed each pressure plane in the system with regard to utilization of UTRWD surface water supplies. I concluded that, at least within the next five years, it might be economically feasible to supplement ground water supplies in the Plainview, Vista Acres and Rickrich pressure planes that are located west and southwest of Sanger, Texas. Based upon population projections in this area using data obtained from Texas A & M Department of Rural Sociology, there will be a total of approximately 650 customers in these three areas by the year 2000. Total water consumption by these 650 customers, based upon current average annual water sales, will be 170 acre feet per year. While it is true that Trinity aquifer water levels are declining, an identifiable reduction of the local cone of depression in these areas will result from the City of Sanger utilizing surface water upon completion of the transmission main along IH 35W from Denton. In the absence of more substantive evidence for accurate prediction, I estimate that Bolivar.. 9 WSC could supplement one third of this total demand, or 56 ac ft/year, for these cu��rs� with treated surface water from UTRWD. 1301 South IH-35, Suite 302 Austin, Texas 78741 -1 169 512443-7231 Fax 512441-1433 TA Mr Thomas E. Taylor, District Director Upper Trinity Regional Water .District Page 2 of 2 As I understand, construction of the transmission main you have spoken of will be completed by 1997. In order to integrate this alternate water source into these three pressure planes, I need to know the following: 1. Alignment of the proposed main at the location indicated in red on the attached map 2. Static pressure in the main at this location 3. Exactly what will the water rate be for 56 ac ft/yr at a flow not exceeding 70 gpm, based upon 12 hr duration, at the indicated location 4. Exactly what will be the total additional cost incurred by Bolivar WSC annually for this volume of water and when will these costs be payable 5. What guarantees, if any, accompany a water purchase agreement regarding reliability of supply With this information in hand I will be able to make a complete presentation to the Bolivar WSC Board for consideration. I am submitting herewith, a copy of the USGS Sanger 71/s' Quadrangle sheet on which I have indicated the location of an existing standpipe in the Bolivar system approximately one mile west of westerly margin of IH 35W. The purchase point would appear to be at the intersection of the County road with IH 35W about 2 miles south of Sanger. Respectfully, Chase Baromeo, Jr., RE/ri Engineer for Bolivar WSC APR 1994 tea xc: Bolivar WSC \� encl 1 REGIONAL WATER DISTRICT Uooer Tmity Regional Water District 396 W Main St, P O Drawer 305 Lewisville, TX 75067 Particiaating Members Argyle, City of Corinth, City of Denton, City of Denton County FWSD #1 Flower Mound, Town of Highland Village, City of Lake Cities, MUA Lewisville, City of Sanger, City of Particmatiflg Util""dies Argyle Water Supply Corporation Bartonville Water Supply Corporation Contract Members Aubrey, City of Bartonville, Town of Carrollton, City of Celina, City of Copper Canyon, Town of Double Oak, Town of Frisco, City of Justin, City of Krum, City of Lincoln Park, City of Little Elm, Town of Pilot Point, City of Ponder, Town of Prosper, Town of Contract Utllities Blackrock Water Supply Corporation Mustang Water Supply Corporation Other Entities Denton, County of July, 1ss4 Volume 4, Issue 1 Page 1 REGIONAL WATER SERVICE BEGINS On June 2, 1994, Mayor Bob Castleberry and City Manager Lloyd Harrell of Denton opened the valve to inaugurate regional water service. President Jim Karlovich said, "It is gratifying that after years of planning, drinking water is now flowing in the pipelines of the Upper Trinity Regional Water District." Opening of the valve marked the beginning of water service by the District to participating cities and utilities in the Denton County area. The District is buying water (initially, 2 million gallons per day) from City of Denton to serve City of Corinth, Lake Cities Municipal Utility Authority, Bartonville Water Supply Corporation and Argyle Water Supply Corporation until construction of the District's water treatment plant is completed. The water treatment plant will also provide service to Sanger, Highland Village, Flower Mound and Denton County FWSD #1. PARTICIPANTS MAKE FINAL COMMITMENTS FOR WATER QUANTITY Each Contract for participation in the project provides for a subscribed quantity of water (plant capacity). On April 7, 1994 final subscribed quantities were approved by the District's Board of Directors: The new plant is scheduled to be in service by 1998. The 20 mgd capacity is based on projections of need in year 2000. All participants (new participants too) will have an opportunity to include additional capacity in the next phase (currently scheduled for year 2001). It appears that the cities and utilities estimated their requirements very close, expecting to ration water in the event of a severe drought or unexpected growth. The District and each participant have adopted water conservation and emergency plans, and plan to take measures to promote water conservation and to manage peak day demands. TWDB CITY POPULATION PROJECTIONS, 1990-2050 DENTON COUNTY MOST LIKELY MIGRATION COf CIT/ NAME P1990 P2000 P2010 P2020 P2030 P2040 P2050 61 98 CARROLLTON 42145•;:66264 102454 147178 1978796 243229 292661 61 151 DALLAS 14338 19985 23560 28070 34493 40827 49124 61 159 DENTON 66270 89938 121606 160762 207086 248700 299245 61 204 FLOWER MOUND 15527 29797 41687 60211 81167 99906 120210 61 221 FRISCO 268 421 614 841 1147 1396• 1680 61 337 LAKE DALLAS 3656 4420 5438 6697 8280 9710 11683 61 355 LEWISVILLE 45966 67965 97912 134928 177687 216005 259905 61 465 PILOT POINT 2538 4007 5690 7591 10365 12525 15070 61 472 PLANO 40 63 93 129 177 218 262 61 535 SANGER 3508 5088 7226 9754 13322 16099 19371 61 570 SOUTHLAKE 242 474 582 713 911 1074 1292 61 677 ARGYLE 1575 2102 2826 3722 4785 5740 6906 61 691 CORINTH 3944 6441 10214 14878 20135 24835 29883 61 704 HICKORY CREEK 1893 3121 4258 5664 7321 8809 10599 61 706 HIGHLAND VILLAGE 7027 14704 20396 22395 24591 27002 29649 61 752 THE COLONY. 22113 36997 56969 81652 101758 122968 147960 61 758 AUBREY 1138 2097 2858 3801 4910 5907 7107 61 768 DOUBLE OAK 1664 2417 3437 4679 6123 7429 8939 61 776 HEBRON 1128 1744 2572 3594 4768 5817 6999. 61 784 JUSTIN 1234 2175 3448 4991 6762 8336 10030 61 785 KRUM 1542 2682 3902 5409 7146 8702 10470 61 790 LITTLE ELM 1255 2297 3697 5428 7365 9109 10960 61 800 ROANOKE 1616 2630 3823 5298 6997 8520 10252 61 803 SHADY SHORES 1045 1522 2043 2687 3451 4137 4978 61 806 TROPHY CLUB 3922 5483 8825 12956 17599 21750 26171 61 757 COUNTY -OTHER 27931 48495 88067 138440 201062 253604 307987 61 9999 COUNTY -TOTAL 273525 423326 624199 872467 1157289 1412353 1699392 /VQ >.t cl 641%- ci r� FACSIMILE TRANSMITTAL COVER SHEET DATE TO: NAME ADDRESS LL-f 2 COMPANY '•FAX NUMBER TELEPHONE FROM: NAME COMPANY FAX NUMBER (817) 458-4180 TELEPHONE NUMBER OF PAGES TRANSMITTED (INCLUDING COVER SHEET) COMMENTS 1 Fast. County Dlst. Est,No I, D. (1-10) Consul Tract 11-1�._ 5anit.Ctxio� 14-16 Yr. Mo. Ony 17. - 22 _`... _ lspoc,Prno �� a` .. _- � � ��a�soNNEL •11 Personnel with infections •restrtctal •13 I linnds vrashod and cfoan; goal hyg . 13 Clean clothes, hallro§!rpints y ���� '`-��� ��� ���"�" Ovmer ���,me1: R,ddru:ts: Establishment Name: .. D�����ac���;� ������� Qased on on Inspocalon this day, the Items etrcicd Colour iCunlily the viutatibns in opnratlons or lacllitios whl�h mull Co corrx:o] Cy Iho next roulinr, inspection nr such shorter period of limo a; may bo spCCirirKl In wrltlnp by the regulatory autnor,ty, Falturo to comply with any limo limits lur cor«xllon5 spw:Iflod In this noUco may rowlt In cessation of your Poa1 Sorvlco oparauons. . ITEPA ITEM _NO_ WT. CUl NO. Ff�OD SEWAGE •C:1 Souico; sound condill 03 Originol containar; properly IabatcJ __- 1 . 31 on, no sf�ollago G 30 1� F,owngr: and waste v,utor disposal _r� FOOD PROTECTIOi�d '03 Pctontially hazardous food muets.lomT�oraturo rcxjuiromonts G dur)ng storage, proporallon,'disptay, survlCa transportation , 2 •g; Facilitlos to maintain product temporaturo 4 33 CS Thonnomotors provWod and corisplCuous 1 34 0� Potentiolly hazardous food proparly Ihawal - 3 �, '07 Umvrapped and potentially hazardous food notru-sgrved q 38 Food protocllon during storage, preparation, display,` service, transportation 37 candling of food (ico) mtnlmizud 3 3d 10 In use, food (ico) dispensing utonslls properly slorCd 1 9 prncacoa 5 AO G 4t 1 42 FOOD �CdUIPiVIENT � UT!✓PdSiLS ood (ice) contact suriacos: do constructed, main• feed, l aMod„located 43 n-too contact surfaces: designed, constructed, main• lolnotl, instollod, located 1 � 1A Dishwashing laciiitles: designed, consln.•cted, msintalnod, Z � Inslalial, located, operated •�t7 Accurate thonnomoters, chomicol lost kits provldal, gauge • cock ('h" IFS vahro) ' � 10 F�ro•tlushed, scrapad, soaked � q7 19 Wash, rtnsa water. clean, proper tomporeture 2 48 ...� ` Scrnilizatlon rinse: clean, temporaturo, concentration, ox- ' r9 posuro limo; equtpmont, utensils sanitized 21 Wiping cloths: Clean, usdrostrictad 1 Food•contact surtacas of equipment and utensils ctran, 3 51 free of abrosivos, dotorgonta Non -toed contact surtacds of t and utansl)s ct 52 _� Storaga, handiing of clean oqu pmonUulensils 53 Singlo-sorvlco articles, s ra s s No ro•uso of single service artistes 55 r• .� �'JA1 ER r';:7 j Water sou o, sate: J �''; I�CtLL01fJ-UP RA ING StS (U' �i • � Yas .......... 74.1 t00 losa woiflht�ol_1 _ �� No .............. 2 Items violated • L �: i�: • •t :, •l;riticet (tams Requiring tmmodtato Attention. 5(D56 y7 ACT1oN Changa .IiS C DeldlO.... D ftemarks on back (00-i1 I�LUMBING Sl 29 In•tadrd, matnlNntd —" i � Cross rnnnur.tion, back ;Iphonago, twcl,tlow ti 50 __3A 1"OILET � F1AtJDVUA�HiiJG FACILITIES '31 Numl'Cr, convonlont, accatsslLlosll.lo. dostgnod, Installed � 04 ? dot rooms enclosed, tat 1 r� od r oir, close; hand cleenso rend. �'e At ryinp duvicor provided, proper woste roce;rtocler GARBAGE � REFUS��i'�C)SAL��� 13 Cumainors or rucoptaclas, covorrxl: odoquato num:,or 2 In;ocUrrxlnnl prool, Irapwncy, clean b2 31 Outsldo ;loraga oroa cr.cbsuros properly con9lruCled, i 6? ctaan; ccnlroilCd Inclnuratlon � _:_:.. . INSECT, RODENT, APdIMAL CONTROL 5 Presence of mscclslrodonts — rwlur,oponings protaaod, + � E � no birds, lentos, other oMrnals FL ORS, WALLS Er CEILINGS _ ,� leers, consuurtoc), dralnrxl, clean, good repair, covering t C� 1 ailatlon, dustless cloarring mollrods ails, altacha! equtpmont: constructed, good ,/{.� � reirsurtacos, dustless elreaning rlrathods„ C.I r VENTILATION _ 38 ITooms oml equtpmont — wntod as required i W DRESSING ROOMS [ LO nooms clone, lockers provided, lar:ilillos clean, located t• G3 OTMER OPERATIONS ozic clams properly Icxl, us dt. 70 emisos maintai litter, unnecessary articles, G2 clrtaningmaintenancbequipmenlpropCrlystoreef.Author• �) 7t i2C porsonndl •�• AJ Camplolo separation from livinglalooping gwrtors. l.aurdry. 1 72 J 40 Clean, lolls<I linen proparty stored 1 7] Feceived by: I,�spacteci by: Est. County Dlst. Est.D1o._ I.D. (1-10) Census Tract 11-1� Sanit.Ctxio '14-16 Yr. Yr. Mo. Day T7-' • 22 �� OVlnf3r �d�Ime: P,dd ro:t s: Establishment Name: .. ,i o � r� r(� � n ®�i �c�o��� ������n������ D�{�ry��c���`� �������� (lased on an Inspection This day, lho Items clrclrW boiovr identify lho violatibns in operations or lacllllios which mu�l bo corrocto� Dy Iho next routing inspection nr such shorter period of Umo a.^, may ba specilind In writing by the regulatory autho«ty. Failure to comply with ony limo limits for eomx•tlons spaallod in this notice may rosuh In cessation of your Food Sorvleo oparauons. ITEFA ITEM NO. _ ____ _____.___�__ W is CUL _ rJO. _______._.._.__ - Wf C.O. r~Oo® sEwAGE C: Source; sounr) condition, no spoifago Gi 3g •03 Original contamor; properly labeled _ _� -- 1 ; 31 FOOt� PROTECTlOF�J .03 Pclontially hazardous food mucts.lom{.wraturo rajuiromonls during storage, proporallon,'display, service transp<xlatlon � '3 •0; Facilitlos to maintain product temporaluro 4 33 05 Thonnomotars provided and conspiruous 1 94 GS Potentially hazardous toed properly lhtwrx) 3 3, r07 Unwroppud And polonlially hazardous food not nrsaned —�• q 3g � Food prolocllon during storage, proparatlon, display service, Iransportalion 37 andling of toed (ico) minlmizvd 2 � 10 In use, toed (ico) dispensing utensils properly stored 1 9 PERSOIVNEL _ •it Personnel with inloclions restricted •ice 1•londs vrashod And clean, good hyglonlc.praclicos 13 . Clean clothes, halt iosiroints G 40 _ G 41 1 42 FooD r_-GIUiI�MENT �f uTCNSILS god (ice) contact surtacoa: dogJQrrtr¢�constructal, male- Inod, inatattod„localed Y`'_ .. Cr.... 43 n-too contact surfaces: designed, constructed, main- IAlntxl, installed, located 1 44 f0 Dishwashing lacililies: designed, conslnrctod, mainlalnod, 2 InslAllod, located, operated � -11 Accurate thonnomolers, chamical Post kits provided, gauge cock (V." IPS vAlvre) 1' � 1a Pre -flushed, scraped, soaked 1 47 19 Wash, rinse water, clown, proper lomperalure 2 qg •�3 SAnilizatlon rinse: clean, lomporaturo, concuntratlon, ox• posuro limo; equlpmonl, utensils sanitized ' r9 21 V�'Iping cloths: clown, usdrostriclAd 1 `a —r-- Food-conlacl surtaces of equlpmonl and utensils clean, 3 .Iron of abrasives, detergents 51 Non-food conlacl surfaces of land ulansiis cl 52 _i Slorago, handling of clAnn oqu pmontlulensils 1 53 Singlasorvlco articles, s ra Jfsp�cns r - , No ro-uso of single survico ariidos _� __ __' �b'-JAT E R J (� 1��L� - dl ' tea"_"` 'i:T I Water ^ou o, safe: of 8, col order nn_ _ rrn :i. L^ram! ��r,x,..�-�,ti-�: c ��' (�Ct�.LOVU-UP RATING SCU58 •. � Ycs ...:...... 74.1 100 less waiflhl of - ,. Nu .............. 2 Items violated ;'y i',--------- -- I �. ' .{:. 'I;riOcst Items Requiring Immediate Allomion. '' } GQI�M t1n. G2 �,r'Et4 — ---- ... -... . _ v_......_,.. � . .... ., . ��� 5 (Q 5t3 ,yam ACTIor� �hall�L' .7ff-C Delete .... D rtecnarks on back (aU-1J �.D ;owngn anti vrrsta valor disposal q 5) PLUMBING Inslallr4, malnlninM 1 � �2d 3Cr _— Cross cnnnoclion, back stphonago, bocV,llOw 6 Si 1"OILET l;< NAIdC)UVASI-IIIJG FACILITIES '31 NumL'cr, convonlonl, accessible, designed, Installed q 60 T dot moms onclnxed, folf t, od /�� _ r • art cloon; hand Nean:a , hand• E1 C rJrying davicor nrovidod, proper worse roccptoclor GARE3AGE � REFUS��DTSPC)SAL 33 Cunlainors or rocoptaclAs, covorrxl; odoquola num^,or Insecllrrxlnnl proof, haprnncy, clean � s2 34 Outsldo storage grow cr.closuros properly conslruclaf, -- clean; ccnlrollM Inclnurallon l li INSECT, RODENT, APJIMAL CON1"FlOL �''`' ,5 Presence of mseclslrodonls — rwlur openings prolaaod, I I ,; no birds, Iurtios, other An6nala l 9 FL ORS, WALLS Er CEILINGS _ ,� bore, construrlorJ, dratnrxJ, clean, good ropaU, crn•ming i allallon, dusllass cloar�ing methods 1 �` /�) ails, , Altachal equlpmonl: conslruclal, good � — re , surfaces, dustless cleaning oltads �' .'0 Lighting pmvidod as roqul«x1, Ilxluros shielded / e ! t � 7 VENTILATION I � nooms oml equlpmonl — vented as required ( og U_RESSING ROOMS [ 40 nooms rloan, lockers provirlod, lacilitios clean, located 1• G3 OTt-IER OPERATIONS -- �(����f.��%/��%4�,=�-/r-��- � -�r Toxic limns properly olexl, us I mod. )0 emisas mainlai litter, unnecessary articles, G2 clQaningmainlenanceoquipmenl properly sloreri. Author- - � 7t izc2211 personnel .,. •;J Complplo separation from living/stooping quarters. Lnurdry, 1 72 _ 44 Clean, soilr<I linen properly stored 1 71 Feceived by: Ir�spacteci by: ✓� MEMORAI�IDUM # 2553 TO: FROM: DATE: SUBJECT: �i'Ml ILX, q Pe Om ■O 8 ALNGER, TEXAS 76266 Honorable Mayor and City Council M hers John Hamilton, City Administrato July 29, 1994 Draft - Street Improvement Plan - 1996-2006 Staff has identified 71,144 linear feet (13.47 miles) of streets that are candidates for reconstruction. To classify the total figure, the following estimates are presented: 25 wide - 24,544 linear feet 27 wide - 11,400 linear feet 29 wide - 21,120 linear feet 31 wide - 14,080 linear feet This report addresses complete reconstruction of streets and does not estimate any costs of asphalt overlays for existing curb and gutter streets. Also, no utility, either water, wastewater or electric, relocation costs are factored into the estimates. Using a mixed construction concept of asphalt streets with concrete curb and gutter for widths %J 25 ft, 27 ft., 29 ft., and concrete streets with concrete curb and gutter for all 31 ft. streets, the estimated construction cost is $6,237,600 plus $374,256 for 6% engineering, for a total projected cost of $6,611,856. To estimate an annual debt service, each $1,000,000 of debt at 7°lo for a fifteen (15) year term costs about $108,000 annually ($6.5 million = $702,000 annual debt service.) Assuming that Sanger will continue to grow and add to its ad valorem base as well as increase sales tax revenues and utility revenues; if the estimated program were divided into three (3), three (3) year modules (projects) of $2,200,000 each, then each module would carry about $237,300 in annual debt service. 1VIEIEZQ #2OD3 7/ 29/ 94, PAGE 2 Beginning in 1996, the first three year program could be identified and considered based on "Bond" market conditions and the City's overall fiscal ability to repay. The streets for this portion of the overall plan could be identified. The same procedure could then be initiated in 1999 and 2004 with the completion date of the street program as a whole scheduled for 2006. Debt Service Time lines (Street} 1994 Issue -------------------------- 2009 1996 Issue ------------------------- 2011 1999 Issue __________________________ 2014 2004 Issue ------------------------ 2019 Each $2,200,000 Issue would cast approximately $3,564,000 is carried the full fifteen year term, assuming 7% interest. JH:es attachment CITY OF SANGER# TEXAS WIDTH TYPE COST 31' Concrete/Curb $ 120 29' Concrete/Curb 110 27' Concrete/Curb 100 25' Concrete/Curb 95 25' BSN/STCONST$.AKH/BSNl Asphalt/Concrete C.& G. Asphalt/Concrete C.& G. Asphalt/Concrete C.& G. Asphalt/Concrete C.& G. Asphalt (no drainage/driveways) 90 85 80 75 40 �iir Cifi1P ®i✓ �Ai�9G��3 TEYA S ial oil Ell i 1111W� :i� ORi111l11� Illlj;�� !1�11 NOW 1111111� 11��� ■�I _ ■�r !I!11!1 !11!:1 " Iloilo jai vs i ■@IIIII!*ham 111111111111 L•:: �� :; �j