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06/06/1994-CC-Agenda Packet-RegularCITY COUNCIL AGENDA JUNE 6, 1994 201 BOLIVAR STREET, CITY HALL CITY COUNCIL CHAMBERS 7:00 P.M. 1. Cal1 to Order, Invocation, and Pledge to the Flag 2. CONSENT AGENDA a}. Approve Minutes b}. Disbursements AGENDA 3. Eitizen's Input 4. Consider and Possible Action Regarding Capital Improvements Program 5. Consider and Possible Action Regarding Adopt -A -Pet Program C q�e v� S I 0 k cA 6. Consider and Possible Action Regarding Transfer of i n Pole (0- �, Agreement 7. Consider and Possible Action Authorizing Bids for Library Construction 8. City Administration Report 9. Any Other Such Matters PASSED. 10. Adjournment Rosalie Chav� Eity Secretary 6/3/94 10:00 a.m. Date &Time Posted MINUTES: City Council Workshop May 10, 1994 MEMBERS PRESENT. Mayor Nel Armstrong, Councilman Russell Madden, Councilman Tommy Kincaid, Councilman Joe Bell, and Councilman Jack Richardson Councilman Jerry Jenkins and Councilwoman Margie Braxton OTHERS PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, and Glenn Ervin 1. Mayor Armstrong called the meeting to order. �. Discussion Regarding Financing Options For Capital Improvements Program City Council proceeded with discussion of financing options to proceed with the Capital Improvements Program. City Administrator proceeded by advising Council that the Library did not get the grant funding. Council then continued with discussing the two options for financing on the Capital Projects. Council discussed that Dan Almon, City's Financial Advisor, had recommended that the City pass a resolution where the Council would pledge to put $167,000 into the bank as a Reserve Fund for the General Fund. This would be a reserve account put into the bank within a three year period. Mr. Almon's thinking was if this was done, I loody's would give the City the Bond Rating it needed so that it could proceed as planned. Council also discussed financing the two major streets, Keaton Road and Willow, and the new library with a five year loan from GNB. Mayor Armstrong recommended that Council review the pros and the cons of the two financing options. CITY CUUNCIL MIIN U I Z) PAGE 2 5/ 1C1194 Discussion continued regarding the fallowing issues: (a}. The construction cost far the new Library. {b}. Establishing the Reserve Fund for the General Fund. (c}. Proposed Budget 94-95 and some of the proposed capital expenditures for this fiscal year were briefly discussed. Council's consensus to pass the Resolution at the regular City Council Meeting to avoid any delays in proceeding as planned. 3. Meeting adjourned. MINUTES: City Council Meeting May 23, 1994 MEMBERS PRESENT: Mayor Nel Armstrong, Councilwoman Margie Braxton, Councilman Jerry Jenkins, Councilman Tommy Kincaid, Councilman Joe Bell and Councilman Jack Richardson OTHERS PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Public Works Superintendent Chuck Tucker, Electric Superintendent Larry Yoast, Chief of Police Benny Erwin, Sally Stratso-Sanger Courier, Russell Madden, Glenn Ervin, and Craig Waggoner 1. Mayor Armstrong called the meeting to order. Councilman Joe Bell gave the invocation which was followed by the pledge to the flag. 2. Oath of Office Mayor Armstrong administered the oath of office to Councilwoman Braxton. 3. Appointment of Mayor Pro-Tem Councilman Kincaid made the motion to elect Councilman Jerry Jenkins as Mayor Pro-Tem by acclamation. Seconded by Councilwoman Braxton. Motion carried. 4. CONSENT AGENDA a}. Approve Minutes b}. Disbursements Motion was made by Councilman Jenkins to approve Consent Agenda. Seconded by Councilman Richardson. Motion carried. 5. Citizen's Input -None C. Consider and Possible Action Regarding Resolution #R4-94 -General Fund Reserve Mayor Armstrong advised that the City did not get good news concerning the Resolution that Council wanted to pass that would satisfy Moody's Investors Service. CC MINUTES 5/ 23/ 94 PAGE 2 City Administrator also stated that the intent of the Resolution was to satisfy Moody's; however, Moody's informed Mr. Almon that not only did the City need to raise taxes, the City also needs to raise all the utility rates. Discussion continued. No action taken on this resolution. 7. Consider and Possible Action Awarding the Street Improvement Program Bid City Council tabled the awarding of the bid until their Special Called Meeting, Monday night, until Council decided on financing. Mayor Armstrong asked John Mears to explain Council's decision to the bidders and they would be notified as soon as they decide on awarding the bid. 8. Briefing on Emission Testing on Vehicles -Craig Waggoner Craig Waggoner, Vehicle Maintenance, addressed City Council regarding the required fleet vehicle emissions testing program as mandated by the Clean Air Act of 1999. Craig continued to explain the conversion of the City vehicles to propane. He also stated he would not recommend the conversion of the police vehicles. Discussion. 9. Consider and Possible Action Regarding Designation of Voting Representative to North Central Texas Council of Governments Motion was made by Councilman Jenkins and seconded by Councilman Kincaid that the Mayor be nominated as the Representative to North Central Texas Council of Governments. Motion carried. la. City Administration Report City Administrator John Hamilton reported on the following issues: a). City Administrator advised Council that if they were interested in receiving a copy of Denton Central Appraisal District's Audited Financial Statement, to please let Etta know. CC 1VIINCtTES 5/ 23/ 94 PAGE 3 b). Monday, May 30th, City Hall will be closed for Memorial Day. c). City Secretary Rosalie Chavez advised that Kellie and herself would be attending a two day workshop in Austin concerning the Rental Housing Assistance, Section VIII. This will give Kellie the training to be authorized to work as a backup to Rose on this program. 1 1. Any Other Such Matters a). Councilman Richardson asked if staff had ever gotten the cost on a stop light. City Administrator stated they hadn`t been able to find a vendor to give a cost estimate yet; however, they are still looking. Councilman Richardson stated that Mr. Tipton and Eddie Garland had a problem regarding the drainage behind their property on Jackilu. City Administrator stated Public �Torks Superintendent Chuck Tucker had looked at it and so did the engineer, since Chuck had left, he did not have an answer regarding this matter. b}. Councilman Jenkins stated that the Christmas lights at the Park were still on. Electric Superintendent Larry Yoast stated they were not supposed to be on and he would check into it. c}. Councilman Jenkins also asked if the flooding we had recently if I t did any damage to Brook Glen. Electric Superintendent Larry boast stated it did not. 12. Meeting adjourned. MINUTES: Special Called City Council Meeting May 25, 1994 MEMBERS PRESENT: Mayor Nel Armstrong, Councilman Joe Bell, Councilman Jack Richardson, Councilman Jerry Jenkins, and Councilman Tommy Kincaid MEMBERS ABSENT: Councilwoman Margie Braxton OTHERS PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez 1. Mayor Armstrong called the meeting to order. 2. Consider and Possible Action Regarding Resolution #R5-94 -Short Term Financing Council discussed financing Keaton and Willow Street Improvement Project and the Library with a five-year note from GNB. Motion was made by Councilman Jenkins to adopt #R5-94 and seconded by Councilman Bell. CITY OF SANDER, TEXAS #R5-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AUTHORIZING THE FINANCING OF STREET RECONSTRUCTION AND OTHER GENERAL FUND IMPROVEMENTS. Also, the following changes: Delete: first paragraph, delete names of the streets and insert - for immediate renovation of certain designated streets. Delete: second "WHEREAS" On the 4th WHEREAS, delete -Library improvement projects and insert - General Fund improvements, On #2). Insert -General Fund improvements and delete - and new Library Facility. Also, any other changes as staff deems necessary. Motion carried. CC MINUTES 5/ 25/ 94 PAGE 2 3. Consider and Possible Action Awarding the Keaton Road (F.M. 455 to Duck Creek Road}/Willow Street (Loop 138 to Janes Street) Paving & Drainage Improvement Bid Discussion. Councilman Jenkins made the motion to award the Keaton Road and Willow Street Paving and Drainage Improvement Bid to XIT Paving & Construction with the changes made by the engineer. Seconded by Councilman Bell. Motion carried. 4. Meeting adjourned. CITY IF 5AN13ER flP OPEN ITEM LIST COMPANY 100 (�6�j/013/134 PAW 1 08%22 UENOi)R INV Nil INV OfE PO NUM OUE 0TE PURCH Am 1}ISC. AMT 251 ADVANCE CHEMICAL. DBT. W.U. BOX 185609 81JEACH/ACIOD POOL 94050693 15/P0/94 14:314 6/07/94 301.65 .00 415.1300 301.65 TUTAL 301.65 .00 1215 OEN�TFX EIIIJIPMENT 611 FORT W+OR"fH OR ICE: MACHINE:-PUUL. 5206i 6/02/94 14514 6/07/94 195.00 .00 447.1 *300 195. 00 TC+TAL. 195.00 .00 1 �01 flRM +IOMMUN I CA r I ONS PORT. RADIU-MECH. 6707 4?4. t?00 4?4. ?000 AnfTERY-POUCF R .3819 456. OuW fIJNE RAOI0510OLI 38;N 456.0300 1 UTAL. 179`.i �35N ;3PpRTS SPURT'S EtdL+IP.-t;. B661i95 461.2100 TUTAL. P.O. 8i}X 503?4` i t6 MAPLE � f 5/06/94 14418 6/07/94 420.00 f t0.00 210.00 5/'6/94 14r78 6/07/94 36.00 i6.00 5/Pl/94 142-11 6/07/94 69.00 69.00 5?5.00 5i20/94 14508 6/07/'i4 173.i0 i/3.30 579 AUTO 6LA5S CENTER RESEftI. WINDSHIE:I_ i811 5/1?/94 4t9.0800 ?5.00 TUTAL :10:� rT. Wt}RTH IJR. 14465 6/0`//94 .00 3300 BAKER � "rAYLOR COMPANY P. Q. BtIX 4160 BUUKS 1?4%484`� 5!?0194 14479 6/07/94 475.0 00 •314. @ 7 I"UI'AL 34i?5 B1:LCHER' S A1JTIlMQT I lit: RUTGRS-C�UL.ICE 710 5/?0/y4 419. 0:300 150 00 TUI AL- 2 14.07 314.0% 3flN+;ER :, TEXAS 1449 i 6/07/'a4 15.00 IN 4030 8R I;3C0E TIRES P. +l. BOX 19 4 IRAt:TUR TIRE:-5IR 461?9 ` 5/16/94 1446? 6107/`�4 419.0500 391.00 IUTAL 41T5 Cfll_VERT AUTOMOTIVE, IN+42 INSF'ECTIUNS/E�TAR i?053 419.0500 4111000 l CII'Al. 4r:30 I,'fl•3+',i] INi}�J,3rRIEH INrtlR. CAN/LIGHTED-FIRE 1535?i 47 T. t t 00 447.1100 IOTAL J91, 00 00 .00 ?10 +}ALLA:a I}RIUE 5/09/`�4 1446i 6/0%/`�4 9i.1? .00 E'.3. 7.5 692 37 9i.12 .00 i�01 WES f 62Nl} ST. Pal}. BOX 8007 f 5/23/94 14442 6/07/94 1450i.?5 .00 I, Pion 00 2330 25 .. 19 Win 25 .00 CITY OF SANGER AP OPEN CTEM LIST COMPANY 100 6/0.3/94 PAGE 2 08422 VENDOR INV NO INV OTE PO NUM DUE OfF PURCH AMT DISC. AMT 6500 C&H JANITORIAL SUPPLIES P.O. BOX 1104 PAPER SIJPPLIES-A 18806 5/13/94 14475 6/07/94 66.10 .00 442.1600 16.53 442.1900 16.52 442.0200 16.52 442.1200 16.53 TOTAL. 66.10 .00 10550 ►)EMC►I P.Q. 19►)X 7488 2120 F►)ROEM flVE. CARDS/BOOK GL.CIF: 901190 5/13/94 14343 6/07/94 31.51 .00 442.0200 31.51 TOTAL. 31.51 .00 13000 CIrY ►�E 1)rNT1]N, ACC. MUNICIPAL BUII_►)ING 2'1:� EAST MCKINNEY WATER TESTING 14574 6/01/94 14574 6/07/94 60.00 .00 45F,. 0600 60, 00 TOTAL 60.00 •00 it-i500 I:N►)ERI3Y GAS C►)MPANY WEST HIGHWAY 82 l=.0. t30X 717 FUEL.-ME:C:H. 63923 5/10/94 14458 6/07/94 32.76 .00 414,2000 32.76 TOTAL.. 32.76 .00 17000 ►=►]Rq, BILL UTTER 2230 UNIVER'3I CY BR. ►311X IJ SOLENOID/RELAY-F 1505 4/06/94 141.63 6/IIIf 64.05 .00 419.0300 64.05 PAINT/CONDFNSER- 2889 5/10/94 14419 6/07/94 15.25 .00 419. 0500 15. 25 HEADLIGHT CANS-P 2967 5/12/94 14461 6/07/94 77.48 .00 419.0300 17.48 TIE ROD/BOOT"-POL. 3387 5/23/94 14495 6/07/94 32.54 .00 419.0,300 32.54 TOTAL 189.32 .00 17:300 G & G TRACTOR CO. 12,30 FT. WORTH DRIVE LENSES/TLlBF/PINS 87163 3/23/94 14107 6/07/94 121.31 .00 419.0500 121.31 PIN/TRANSPORI HO 88164 4/20/94 14257 6/07/94 519.45 .00 419.0500 519.4 a I OTAL 640. 76 .00 17700 ►,AI.L_'S INC. ?4"T0 PAI_IJMB►) DRIVE P.O. BOX 55268 UNIFORM4 1RF DEP 68800032 5/23/94 14438 6/07/94 94.74 .00 416.1100 94.74 TOTAL 94.74 .00 187�30 G►)►Ji)YEAR f IRE 1301 AMtJA:3:3A►)I)R ROW LOADER TIRE: 4�785 5J04f94 14412 6f0`t'/94 69.'l1 .00 419.0500 69.7E TOTAL 69.7E .00 23500 HOTHO & Ct7. P. On BOX 9738 � � � � � � � Q BOOKS/CARD KITS- 149165 5/13/94 14476 6/07/94 53.27 .007 475.0200 53.27 TOTAL 53.27 .00 CIfY OF SANGER VENUOR INU N►J 2467 HURRICANE. OFFICE: SUPPLY OFFICE SIJPPLIES3 76495 411.l100 11114AL 24350 H.W. WILSON CO. SLIK;CRI PTI ON AP OPEN ITEM LIST COMPANY 100 6/093/94 PAGE 3 INU DTE 5/2.3/94 7.84 956E5706 51161`a4 430.0200 95.00 TOTAL. 0822.2 PO NUM 01JE .OTE PURCH AMT DISC. AMT 1104 DAL.LAS DR. STE. 234 14440 6/07/94 7.84 .00 7.84 .00 '350 UNIVERSITY AVENUE 14477 6/07/94 95.00 .00 95.00 .00 21�-'_.�5 WA rI:R PROrJlJt1TS, INC. .;='. O. 8OX 349 IUBF/INSFRIS-WAI 43074 4/29/94 14362 6/07/94 383.34 .00 421 a 0600 38.3. ;34 MISt:.PARTS-WATER 43901 5/16/94 14370 6/07/94 11193.42 .00 421.2200 966.19 4PL0600 227. 23 !_IDWRINIIVOIL S 44416 5/21/94 14507 6/01/94 36.24 .00 421.2200 36.24 TOTAL 17 6130 00 .00 27510 LAWSON PROOIJUTS INC. P O IIOX 300012 FILIERS/GLOVES/6 0260831 5/20/94 14494 6/07/94 126.75 .00 418.1700 IP6. 75 TOTAL. 126. 75 .00 28000 LEM►aN"•3 NEWSPAPER, INII P.O. 8OX 68 SLIE;SC:RINTICiN 14478 5/16/94 4:30.0200 16.00 TDTAI. 29515 I_UiJ►�NT NOOKS BUOKSICARD KITS 2H649S1 �/24/94, 475.0200 118.69 TCITAL 14478 6/07/94 16.00 16.00 P.O. BOX 289011 14480 6/07/94 178.69 178.69 32252 !alJR 1aESI13NSa INC. P.O. 8OX 17404 I+AAGES/LETTERS-F 04580 5l23I94 14439 6i07/94 285.50 416.11@0 28b, 50 TOTAL 50 ,33r25 P►:;It1IC0 rRAIi_ER ANIa M03. P.O. BOX 138 ME:TAL_-WF,TER WREN 14490 5/18/94 14490 IlO7/`�►4 6.00 4 1 2 a 0600 6. 00 TOTAL. 6. 00 3`a000 RAgIO :SHACK 410 8OI_IVAR 6'HtiNE:-L.ANI►FILI_ 14070 312A/94 P.O. BOX 297 14070 6I07194 19.99 13994 6/07/94 5.58 14170 6/07/94 10.75 RBIs I� �ID 14269 6/07/94 77.98 .00 (JTY OF SANDER AP OPEN ITEM LI61' COMPANY 100 6/03/94 PACE: 4 08122 VENJ)IJR INV NrJ INV 11TE P►1 NUM I)UE OTF: PURCH AMT DISC. AMT SW11CH/OUTL.ET4 1 14255 4/18/94 14255 6/07/94 15.98 .00 423.1100 15.98 4;POILIGHTS1FIRE 40960001 4/19/94 14233 6/07/94 125.00 .O0 419.i100 125.00 WE:AIHE:R At RA 41160009 4/26/94 14329 6/07/94 39.99 .0O We 0300 13.99 442.1100 20.00 anal RIFS-SI=WVR 410380004 J/18/94 14501 6/07/94 7. 71 .00 411.0700 7.7/ Pl lJ13/P0WF:R STRIP 41400006 5/20/94 1427.5 6/07/94 15.48 .00 4?4.0300 15.48 TO1 AL_ 318.52 .O0 93526R & R UNIFORMS, INC. 3830 IRVING BL V►]. UNIEORMS4,01,IC:E:/ 010036 5/11/94 14274 6/07/94 96.55 .00 416.0300 96.55 TOTAL a 96.55 .00 36385 KFN Mll_1_ER AUTII REPAIR 233 S. JONES ST DOOR HANDLE/CABL. 14497 5/25/94 14497 6/07/94 27.50 .O0 419. 2POO 2 7. 50 TOTAL 2.7.50 .00 4r 000 SM ICH' S COUNTRY STARE P. +a. B11X '328 PVC:/OR- TS/UHAIN- 32577 5/02/94 14389 6/07/94 22.33 4RIx 0600 22w 33 SCREWS/(.LIPS/SNA 32628 5/04/94 14404 6/07/94 21s 72 V5. 0100 21. 72 SC:REWES/ANCHORS4 32645 5/09/94 14432 6/07/94 7.39 4704 0800 7, 3'9 HOSE/NOZZLE/-SEW 32715 5/11/94 14469 6/07/94 37.96 4r'_5.0700 37.96 C:OLlP. /BOL.IS-FIRE. 32560 5/12/94 14459 6/07/94 10.64 4 456.0900 5.17 419.1100 5.47 PAINT '31:RAPERS-F: 32787 5/16/94 14482 6/07/94 17.17 470.0800 17.17 Fl_Y STRIPS SEWER 3P151 5/18/94 14503 6/01/94 10.14 425.0700 10.14 011TS3 SEWER 3P84 t 5/23/94 1452t 6/07/94 1.37 425.0'100 1.37 gAf fVRY/ INSFi:T. - 3289B 5/Pl/94 14528 6/07/94 10.08 427.0700 2.79 415.0900 7.29 TOTAL 138.80 4.3101 TECHI_INE, INC. trim On BOX 9249 WIRE/METER'4LEC: 28173 4/27/94 13239 6/07/94 366.85 UPa 0800 366. 85 TOTAL, 366. 85' 4552Si TX NATURAL RF:Si]URCE CONSERVATION COMMISSION PaOnBOX 100580 WAS14EWA1ER PLANT 601680 5/19/94 14371 6/07/94 660.00 4.5?a 0700 GIG& 00 TOl"AL 660.00 . 00 CITY OF SANGFR AP OPEN I7'r_M LIST COMPANY 100 6/0.3/94 PA13F S Opt 0Pp. VFNOIIR INV NO INV OTE PO NI1M 011E OrfF P1RCH Am 0I1911. AMr 49P.16 UNIVERSITY (IF NORM TEXAS POLICE ACADEMY P.O. BGX 13467 COURSE -WALLER 14219 G/Ot/94 14219 6/07/94 27'i.00 4390 Ouo*0 p1`*.00 TOTAL. 50200 V I K I NIi I]Fr I I;E PROJ�UC I S (,FFICE SUPPLIFS— 753405 411. 1400 ITITAL. 55II7•`," RI;INERT PAPER & CHI:MICA►_ ABSORB. /GL,NI'AINE 5446 42;3.2000 COMAINER L.ID—ME 5446-1 42441 POO TOTAL rilrAl_ I�uE WITH �r�cOUNr� TIII AL. DUE— NO DISCOUNTS L.I BKAKY POLICE SANIIATIOIN S fRF_F fS WATER WAS fIMA"rER Klc PARKS PUBLIC WORKS FIRE VEHICLE MAINI4f SWIMMING POOL—GF MAYOR & CCIUNCIL—GF ADMINISTRATION—FF PUBLIC WORKS4 DATA PROCESSING VEHICLE MAIM'—FF COMM. CENTER-6F WAS1E—WTR COLL4F OFNFRAI_ FIINil ENTFRF'KISE FUND �. O. s3OX 919064 5f09/94 14431 6/07/94 18.65 18M G5 18.65 5/11/94 26.86 5/17/94 2.86 9, 034.93 143t COMMERCE BLUD. 144PI 6/07/94 26086 14466 6/�►7/94 705.OE, 794.40 19.99 1,140.47 698. 90 741.75 416.41 12.46 69a 317 2, Milo 18 pay. 39 496.65 18.65 16.53 1?6. 75 t6.52 270.62 1134.30 1, 029.93 5,717.52 3, 317.41 MEMORANDUM #2512 TO: FROM: DATE. SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrato June 3, 1994 Capital Improvements Program This item is placed on the agenda in the event that any action is needed as a result of Council's Workshop to discuss the proposed improvements and financing options. JH:es MEMORANDUM #2513 TO: FROM: DATE. SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrat June 3, 1994 Adopt -A -Pet Program Public Works Foreman Eddie Branham, who also works in Animal Control, will be present to brief the Council on an Adopt -A -Pet Program in cooperation with the local Dairy (queen. JH:es UITY OF SANGER P. O. SOX 578 SANGER, TEXAS 76266 MEMORANDUM #2514 TO: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Administrato DATE: June 3, 1994 T SUBJECT: Transfer of Cablevision Pole Agreement Attached is a request by Galaxy Cable to transfer the enclosed pole (rental) agreement to Friendship Cable. Staff recommends approval. JH:es attachment r '• • • .:. 'j ,mcabtevis2on May 25, 1994 Ms. Etta Stogsdill Administrative Assistant City of Sanger 201 Bolivar Street P.O. Box 578 Sanger, Texas 76266 Dear Ms. Stogsdill, Thank you for the copy of the Pole Attachment Agreement you sent per our conversation of last week. We would like to transfer this agreement to Friendship Cable of Texas and enclosed "is an assignment form that can be used for this purpose. After the Mayor has signed the form, please send us a copy of the agreement in the self-addressed envelope. If you have any questions please let me know. Sincerely, Thomas M. Morris Vice President Operations Enclosure jlw t �m 1220 North Main Street • Sikeston, Missouri 63801 • (314) 471-5022 ASSIGNMENT OF POLE LEASE AGREEMENTS Galaxy Cablevision, L.P. hereby assigns all its rights and obligations under the Pole Lease Agreements for the City of Sanger, Texas, approved by the City of Sanger, Texas, which is currentlI in full force and effect, to Friendship Cable of Texas, Inc., of P. O. Box 90900 Tyler, Texas, 75711. This assignment is contingent upon the successful closing of the sale between Galaxy Cablevision, L.P. and Friendship Cable of Texas, Inc. on or about July 31, 1994. Effective May 25, 1994. GALAXY CABLEVISION, L.P. CITY OF SANGER, TEXAS Tommy L. Gleason, Jr. President Nel Armstrong, Mayor N l 11 ✓ r THE STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT made and entered into by and between the CITY OF SANGER, TEXAS, a municipal corporation, hereinafter called "CITY", Party of the First Part, and STAR CATV INVESTMENT CORPORATION, hereinafter called "TV CABLE", Party of the Second Part, W I T N E S S E T H WHEREAS, TV Cable of Sanger, has been granted a franchise by the City to operate a community antenna television system within the City of Sanger, and there is a desire and a necessity for TV Cable to utilize the poles of the municipal power distribution system of the City to attach and suspend wires and/or cables to said poles for the distribution and servicing of the said community antenna television system to the subscribers and customers of TV Cable within the City Limits of Sanger. NOW, THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto for themselves, their successors and assigns, do hereby covenant and agree as follows: 1. This contract shall only cover the poles owned by the City within the City Limits of the City of Sanger, and there is no intent to grant TV Cable the right to utilize those poles within the City Limits of Sanger owned by the Central Telephone Company; and it being further covenanted and agreed by the parties herein that the space on the poles owned by the City and which this contract contemplates shall be the uppermost ten (10) feet measured from the top of the said poles. 2. The terms of this lease shall be for a period of five (5) years, automatically rbnewable at the end of that period, for additional five (5) year periods, for a total possible duration of this lease of fifteen (15) years, beginning the sL day of 1983, unless said lease is terminated by one (1) year's written notice by lease hereto, prior to the end of any of the said five year periods. t -1- 3. It being further understood and agreed by the parties herein that the City and the Central Telephone Company have exe- cuted a joint pole contract for which the telephone company has the right to use the. space of forty (40) inches at a distance below the space occupied by the City, and there is no intent by the City to limit or restrict the use of the space allocated to ,.-;..•: the Central Telephone Company under the said pole contract. TV Cable acknowledges notice of the said pole contract with the Central Telephone Company and covenants to stay within the upper- most ten (10) feet measured from the top of the pole, being that portion reserved by the City in its contract with the Central Telephone Company, and to maintain clearance as required by speci- fications for such clearance as hereinafter set forth from both the City's wires and the wires of the Central Telephone Company and to not interfere with the Central Telephone Company's use of said poles. 4. TV Cable covenants to comply with national standard requirements in installation and maintenance of its wires, cables and attachments on the City's poles, said standards being set forth in the Current National Electrical Code, adopted by the National Fire Protection Association, and to further cooperate , with the City and the Central Telephone Company in proper utili- zation,of the right-of-way and easements owned or held by the City for its power line installations. TV Cable further covenants that in addition to the requirements set out in the herein referred to National Electrical Code, to use good engineering standards and techniques as are recognized within the electrical engineering, communications and community antenna television system fields. 5. TV Cable shall pay a rental of �..5'D per annum per pole to the City for each pole utilized by TV Cable in its distribution system. Rental payments hereunder shall cover rentals assuring during the calendar year and as occupied on the 31st day of December, and an accounting shall be made by a representative of each party herein during the month of December to determine the total poles utilized by TV Cable and the annual payment therefor. -2- ��,�3� t � �.r r TV Cable covenants to .pay the City by the 15th day of January the annual installment due for the prior year; however, it being further understood and agreed by the parties herein that should TV Cable not utilize said poles for a complete year, then said cost shall be prorated for that portion of the year which TV Cable used said poles. 6. It being further provided and understood that the City is not obligated to.install or construct additional facilities or poles for the benefit of TV Cable, but that TV Cable accepts the City's installation as is. However, should the City install additional poles at the request of TV Cable, reimbursement and payment for the cost of said installation shall be further negotiated or charges made by the City based upon the cost of material and installation or construction in place. 7. TV Cable further covenants to not interfere with the City's use of the said poles and acknowledges that the predominate use of the said poles is for•the City's power line distribution system and TV Cable's use of the same is subordinate and second to the City's in the uppermost ten (10) feet of the said poles and as provided for heretofore in this contract. 8. It being further understood, provided and agreed by the parties herein that should it become necessary for TV Cable to secure additional right-of-way and/or easements or to clear same, that it will be TV Cable's responsibility in both securing and maintaining said right-of-way and easements, paying for same as necessary and maintaining said right-of-way and easements, and that the City shall not be responsible for any cost or liability concerning same. 9. TV CAble covenants to hold the City harmless for any damages or claims for injuries, either to employees, subscribers, or for any injury to property, or to any other person or persons -- arising out of the joint use by TV CAble of the poles owned by the City and utilized under this agreement or due to the proximity of the wires, cables or fixtures owned or utilized by TV Cable as contemplated within this contract. 10. It being further understood and agreed by the parties herein that TV CAble shall not sell, assign or dispose of th e.("'(" -3- agreement or any rights or interest thereunder without the written consent of the City, however, that nothing herein shall prevent or limit the right of TV CAble to mortgage any or all of its rights, property or franchise. However, any collusion by TV Cable in an attempt to assign or otherwise dispose of this contract or any rights or interest thereunder by any sham or fraudulent mortgage shall automatically cancel this contract as to the City, but shall not relieve TV CAble of all liability thereunder. 11. This contract shall not limit or affect.TV Cable's liability for assessment and payment of taxes lawfully levied on its property or for payments as provided for in the franchise between said parties. It being further understood and agreed that this pole contract is likewise in contemplation and in connection with the franchise granted by the City to TV Cable. 12. It being further understood and agreed that the cancel- lation or termination of the franchise granted by the City to TV Cable, reference hereto made for all intent and purposed, shall automatically cancel this pole contract except to all liability owed by TV Cable to the City for claims or pole rentals due the City on the termination of said ordinance and pole contract; however, it being further understood and agreed that during the , term of the franchise that should it become undesirable because of engineering requirements for TV Cable to have its wires, cables and attachments on the City's poles, or that TV Cable has violated this contract and/or its franchise, that TV Cable shall remove said wires, cables and attachments from said poles within six (6) months after written notice by the City to TV Cable of Sanger, at its registered post office address at Texas. WITNESS OUR HANDS, this the day of 1983. ATTEST: Mary M;9'tover, City Secretary ATTEST; �557 Secretary ATV INVESTMENT CORP. President -4- THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Ralph B. Cole, Mayor of the City of Sanger, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF SANGER, TEXAS, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �___ day of 1983. Denton County, Texas. My Commission Expires. A9 W '2 ds' MARY JO STOVER Notary Public My Commission Expires March 31,.A** THE STATE OF TEXAS X' COUNTY OF ELLIS X BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Don R. Mansell. President of Star CATV Investment Corp., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of. the said TV CABLE OF SANGER,oa Texas Corporation, for the purposed and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of October 1983. o ary Public in and for E11" s County, Texas. My Commission Expires8-24-87 MEMORANDUM # 2515 TO: FROM: DATE: SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 Honorable Mayor &Members of the City Council Jahn Hamilton, City Administrate IT June 3, 1994 Authorize Bids For Library Construction This is authorizing the publication seeking bids for the new library. Bids are scheduled to be returned and opened on July 5, 1994 at 2 p.m. and be presented for your consideration at the regular meeting time. JH:es attachment I cc THE ARCHITECTURAL COLLECTIVE INC. 1300 NORTH LOCUST DENTON, TEXAS 76201 (817) 3874881 Mr. John Hamilton City Administrator City of Sanger P.O. Box 578 Sanger, Texas 76266 RE: Sanger Municipal Sanger, Texas Dear John: May 18, 1994 Library OF SANGEK MAY 23 1994 The following is my understanding of the way you want to approach the Document preparation and Bidding for the above Project: 1. Separate the following items out as areas of work which the City will either do themselves, or let out as separate and individual Bid offerings: (1) Concrete Paving (with required subgrade preparation). (2) Pavement Markings. (3) Curb, Gutter, and Sidewalks. (4) Fencing (along the north property line). (5) Kitchen Appliances. (6) Window Blinds. (7) Flagpoles. 2. Identify certain areas of work as DEDUCT alternates, so that the City may elect to either omit that work, do the work themselves, or bid them out separately if it promises to be to the City's financial advantage, as follows: (1) Composition Shingles in lieu of Sheet Metal Roofing (DEDUCT Alternate No. 1). (2) Omit the Porte Cochere (DEDUCT Alternate No. 2). (4) Omit the covered walkway, Section 10530 (DEDUCT Alternate No. 3). ARCHITECT8 GERALD E. STONE • RUSSELL L. BATES • MICHAEL A. BATES • MICHAEL L. CRAIG 3. Leave the remainder of the Work described Drawings and in the Specifications to be bid by Contractors, with the intention of letting a if the Bid is acceptable. on the General Contract If the City deems the General Contractor's Bid too high, it is my understanding that they may consider another approach, such as Construction Management. Depending on the approach taken, our Fees would be impacted as follows: 1. All Work designed and specified, but NOT BID OR BUILT, will earn a Fee of 75% x our 6% Fee, or 4.5% x the estimated amount of that Work. 2. All Work designed, specified, and bid, but NOT BUILT, will earn a Fee of 80o x our 6% Fee, or 4.8% x the Bid amount for that Work. 3. All Work designed, specified, and bid, but in which the General Contractor's Bid is rejected, will earn a Fee of 80o x our 6% Fee x the lowest General Contractor's Bid. I have completely revised the Specification Masters to reflect the above, and they are finished with the exception of the Mechanical and Electrical Sections. You may elect to run them yourselves, or have them run by a printing company such as Cooper's Copies. The Drawings will be cheaper for you to have reproduced if you use someone like Audett Reprographics of Lewisville, Texas. You will get a better rate if you wait until you decide how many sets you want and get them all run at once. As per Article 10.2.1.7, we will furnish you with two sets of Specifications and Drawings without charge. Please let me know if I have left anything out that transpired at the last meeting, or have misinterpreted your desires. Yours very truly, Gerald Stone, Architect NCARB T.he City of Sanger, exas, invitesBids on a Contract for GeneralConstruction for the following Project: �zn r►a. BANGER MUR I $ANGSR, TEXAS The Work, in e�esnarai Building systems* CC►nstruct 1t is i,nte�ndt�d eontrect. Sealed, bids will be 1994, in the City 0 sides received aft interested parties piblicly opened and Gene3ral Cantrae:t H Contract vocuments f 1. Two (2) sets of ip200 dapasit, returnod in goo opening, �. Deposits will 3. pddi.tis%nal eiocu of reprodue;tion Bid SecuriL-y in the must accompany the Sid Bond. consist�e of including all work mechanical be performed and eY�.ectrie;al under a single ceived until �:00 P.M. on July 5 .� cif Chambers of the City of Sanger, Texas, that time will not be accepted. All invited to attend. Proposals will be aI aloud, rs may secure copies of the proposed the Architect on thefo�]vwing basis: o pecificatit�ns and �7rawings upon payment of cmpletely refundable if documents are condition within ten (10) days after bid accepted in the Architect's difices. is m€�y be obtained by Bidders at the p , cost e� ostage. it of Five Percent(a$j of the Base Bid Form in the farm of a Cashier's Check or t�evreer reserves the ri�ht to rey jest any or irregularities in the, bidding pre�ce+dure�. al.�. Bids and to waive Nel Armstrong Mayor, City of Sanger MEMORANDUM #2511 TO: FROM: DATE. SUBJECT. CITY OF BANGER P. O. BOX 578 BANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Administrate June 3, 1994 City Administration Report 1). For calendar year 1994, a total of 18 single family permits valued at $881,043 have been issued. 2). The Police and Fire Departments will bring their requests] recommendations regarding a new public safety radio system to Council on June 20th. 3). Electric Superintendent Larry Yeast will give the Council a brief report on electric system improvements. JH:es �.. _.�_� �� . �� 1 i.! � c. T0: .J'OHN HAMIL'TON, CSTY I��GER F�.OM: BONNY �RW�N, CHIEF" �f ,r �A'1'E: 5/1/94 SU�,TFCT : GJEKD , `BRASH, JUNK VEHICi,ES , r " � cc LO uj d' uj co k M L 00 0 �` z � O m Y L) Lu U Z Cd Ln N N Q n lu h n Z 2 O Z,,. Zqz w nd U *� ti L '4 X _ i- 0 h z M MO Q� N � X 13 z ro O F' Ca i) Ln O U 1 * 0o z * co o i oz ,O V H d U CL U) um Q w um 3 0 11p1�11 m ltzr 00 M 00 O Y ,V UZ n m 0 6 O V � N Z 'J i Ln Cd W Z z- 0 4J ..'. E 41 Cd OL. 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