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An Ordinance Amending The City Of Sulphur Springs Ordinance No. 2050, The Zoning Ordinance By Amending Article 20. Special Uses, Section 20.300 Providing For The Issuance Of A Speciic Use Permit For A Private Beverage Club.

Whereas, the City Council of the City of Sulphur Springs has requested to revise Article 20, Section 20.300 be amended to provide as follows:

Now Therefore Be It Ordained, by the City Council of the City of Sulphur Springs, Texas, to amend the Zoning Ordinance No. 2050, Article 20, Sections 20.200 and 20.300 as follows:

Article 20. SPECIAL USES

20.300, Article 20.200 is hereby created within the Zoning Ordinance of the City of Sulphur Springs, Texas, to provide for the issuance of a specific use permit for a private beverage club. Such use shall be permitted only in Districts CCD, HC, LI, and HI.

It Is So Ordained

Passed and approved on the first reading this 4th day of December, 2007.

        Yolanda Williams, Mayor

Gale Roberts, City Secretary

A public hearing will be conducted for the final reading of Ordinance No. 2533 on Tuesday, January 8, 2008, at the Municipal Building, 7:00 p.m.

12:9,16,23

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2698

 

AUTHORIZING THE EXECUTION OF THAT CERTAIN SPECIAL

WARRANTY DEED CONVEYING CERTAIN PROPERTY OF THE CITY OF

SULPHUR SPRINGS DESCRIBED THERE IN.

 

WHEREAS, the City Council of the City of Sulphur Springs, Texas desires to approve the sale of the subject property which formerly consisted of an undeveloped portion of Piano Street to the abutting property owners in a manner agreed upon by said owners;

and

 

WHEREAS, said property is not used by the City and contains no utilities or other

encumbrances; and

 

WHEREAS, the fair market value of the property to be conveyed is equal to or greater than the value of the consideration of the acquired and/or consideration received; and

 

WHEREAS, the City Council has determined, based upon advice of counsel, that the City need not convey the property in question by public bid but may instead rely upon the exception set forth in Tex. Loc. Gov't Code Sec. 272. 001(b)(l) and (c);

 

NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

SULPHUR SPRINGS, TEXAS:

 

SECTION 1. The City of Sulphur Springs authorizes the Mayor or her

designee to execute the Special Warranty Deed, together with all instruments

requisite to implementing this Ordinance, conveying the property described in Exhibit

"A" to Clay Price in exchange for the consideration therein stated.

SECTION 2. The terms and provisions of this Ordinance shall be deemed to

be severable in that if any portion here in above described shall be held or declared to be invalid, the same shall not affect the validity of the balance and remainder of the Ordinance.

SECTION 3. The City Secretary be and she is hereby authorized to attest to

the signature of the Mayor to this Ordinance, and to attest to the signature of the City Manager to any investments requisite to implementing this Ordinance.

 

PASSED BY THE GOVERNING BODY of the City Council of the City of Sulphur

Springs, Texas, on the FIRST READING this the 6th day of December 2016.

 

PASSED BY THE GOVERNING BODY of the City Council of the City of Sulphur

Springs, Texas, on the SECOND READING this the _ day of

2017.

 

ATTEST: CITY OF SULPHUR SPRINGS, TEXAS

Gale Roberts, City Secretary Emily Glass, Mayor

(seal)

I, Gale Roberts, City Secretary of the City of Sulphur Springs, Texas, do hereby

certify that the above is a true and correct copy of an Ordinance, and that the same has not been repealed and is in full force and effect.

(seal)

Sworn to and subscribed before me, on this the , 2016, to certify which witness my hand and seal of office.

 

Gale Roberts, City Secretary

City of Sulphur Springs, Texas

day of

(Seal)

Notary Public, State of Texas

 

A public hearing will be conducted for

the final reading of Ordinance No. 2698, Tuesday, January 3, 2017, at the Municipal Building, at 7:00 p. m.

12.11

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2697

 

AUTHORIZING THE EXECUTION OF THAT CERTAIN SPECIAL

WARRANTY DEED CONVEYING CERTAIN PROPERTY OF THE CITY OF

SULPHUR SPRINGS DESCRIBED THEREIN.

 

WHEREAS, the City Council of the City of Sulphur Springs, Texas desires to approve the sale of the subject property which formerly consisted of an undeveloped portion of Piano Street to the abutting property owners in a manner agreed upon by said owners;

and

 

WHEREAS, said property is not used by the City and contains no utilities or other

encumbrances; and

 

WHEREAS, the fair market value of the property to be conveyed is equal to or greater

than the value of the consideration of the acquired and/or consideration received; and

 

WHEREAS, the City Council has determined, based upon advice of counsel, that the City

need not convey the property in question by public bid but may instead rely upon the

exception set forth in Tex. LOG. Gov't Code Sec. 272.001(b)(l)and (c);

 

NOW, THEREFOR BE IT ORDAINED BY THE CUT COUNCIL OF THE CITY OF

SULPHUR SPRINGS, TEXAS:

 

SECTION 1. The City of Sulphur Springs authorizes the Mayor or her

designee to execute the Special Warranty Deed, together with all instruments

requisite to implementing this Ordinance, conveying the property described in Exhibit

"A" to Bernard B. Beers in exchange for the consideration therein stated.

SECTION 2. The terms and provisions of this Ordinance shall be deemed to

be severable in that if any portion hereinabove described shall be held or declared to be

invalid, the same shall not affect the validity of the balance and remainder of the

Ordinance.

SECTION 3. The City Secretary be and she is hereby authorized to attest to

the signature of the Mayor to this Ordinance, and to attest to fhe signature of the City

Manager to any instruments requisite to implementing this Ordinance.

 

PASSED BY THE GOVERNING BODY of the City Council of the City of Sulphur

Springs, Texas, on the FIRST READING this the 6th day of December 2016.

 

PASSED BY THE GOVERNING BODY of the City Council of the City of Sulphur

Springs, Texas, on the SECOND READING this the _ day of

2016.

 

ATTEST: CITY OF SULPHUR SPRINGS, TEXAS

Gale Roberts, City Secretary Emily Glass, Mayor

(seal)

I, Gale Roberts, City Secretary of the City of Sulphur Springs, Texas, do hereby

certify that the above is a true and correct copy of an Ordinance, and that the same has not been repealed and is in full force and effect.

(seal)

Sworn to and subscribed before me, on this the , 2016, to certify which witness my hand and seal of office.

 

Gale Roberts, City Secretary

City of Sulphur Springs, Texas

day of

(Seal)

Notary Public, State of Texas

 

A public hearing will be conducted for

the final reading of Ordinance No. 2697, Tuesday, January 3, 2017, at the Municipal Building, at 7:00p. m.

 

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2696

 

AN ORDINANCE ADOPTING ONCOR ELECTRIC DELIVERY

COMPANY LLC TARIFF SECTION 6.3.16 - AGREEMENT FOR

UNDERGROUND FACILITIES COST RECOVERY; REQUIRING

DELIVERY OF THIS ORDINANCE TO THE COMPANY; AND

ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT

MATTER HEREOF.

 

Whereas, the City of Sulphur Springs, Texas (City) is a regulatory authority under the Public Utility Regulatory Act ("PURA"), Texas Utilities Code Title 2, and has original

jurisdiction over the distribution utility rates and services of Oncor Electric Delivery

Company LLC ("Electric Delivery" or "Company"); and

Whereas, the City has the authority under PURA §§ 33.001(a) to approve rate tariffs;

and

 

Whereas, the City is a member of the Steering Committee of the Cities Served by Oncor (Steering Committee") and pursuant to a settlement agreement between the Steering Committee and Electric Delivery, Company agreed to develop and file a tariff in

conjunction with the Steering Committee that would permit the undergrounding of new or existing distribution facilities in situations where a third party is not otherwise required under Company's tariff or applicable city ordinance to either pay for or reimburse Company the costs of such improvements; and

 

Whereas, Tariff Section 6. 1. 1. 16 - Rider Underground Facilities Cost Recovery Factor ("UFCRF") was formerly passed and adopted by the City Council of the City of Sulphur Springs, Texas, on the 5 day of February, 2008; and

 

Whereas, on or about October 25, 2016, the Company filed its Statement of Intent

pursuant to PURA Section 36. 102 to implement Tariff Section 6. 3. 16 - Agreement for Underground Facilities and Cost Recovery ("Agreement");

 

Whereas, the Company provided appropriate public notice of the proposed Tariff changes in accordance with PURA Section 36. 103; and

 

Whereas, on December 6, 2016, a public hearing was held, at which time the Company was given an opportunity to address the City Council regarding Tariff Section 6. 3. 16 - Agreement; and

 

Whereas, PURA § 32. 101 provides that the tariffs thus ordered by the regulatory

authority constitute the legal rates of the utility until changed as provided by PURA; and

 

Whereas, after affording reasonable notice and hearing to the Company, it is the City's

opinion that the Company's proposed Tariff Sections 6.3. 16 - Agreement is reasonable;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF SULPHUR SPRINGS, TEXAS:

 

SECTION 1. That the Company filed an appropriate Statement of Intent pursuant

to PURA Section 36. 102, and that public notice of the proposed Tariff revisions was

given to the public by the Company in accordance with PURA Section 36. 103(a).

SECTION 2. That the Company was given reasonable notice of the hearing held

on December 6, 2016, and the Company had a reasonable opportunity to show to the City

that Tariff Section 6.3. 16 - Agreement set forth on Exhibit "A" to this Ordinance, is just

and reasonable.

SECTION 3. That Tariff Section 6. 3. 16 - Agreement, which as Attachment "A" is

incorporated herein as if it were fully set forth herein, results in just and reasonable rates

and is hereby approved.

SECTION 4. That the existing rates, service charges and tariff language not

inconsistent with Section 3 and Tariff Section 6. 3. 16 - Agreement remain in effect.

SECTION 5. That the City is authorized to intervene in any appeal of the City's

action filed at the Public Utility Commission of Texas and to otherwise participate in any

litigation associated with the Company's Tariff Section 6. 3. 16 approved herein.

SECTION 6. That a copy of this Ordinance shall be sent to the Company, care of

Mark Webb - Regulatory Affairs Manager, Oncor Electric Delivery Company LLC, 1616

Woodall Rogers Freeway, Suite 6B-007, Dallas, Texas 75202-1234.

SECTION 7. That this Ordinance shall become effective immediately after its

passage, as the law and charter in such cases provide.

SECTION 8. That it is hereby officially found and determined that the meeting at

which this Ordinance is passed is open to the public as required by law and that public

notice of the time, place and purpose of said meeting was given as required.

 

IT IS SO ORDAINED.

 

Passed and approved on the first reading this 6 day of December 2016.

Passed and adopted on the second and final reading this _ day of January 2017.

 

Approved:

Emily Glass, Mayor

Attest:

Gale Roberts, City Secretary

Approved as to form:

Jim McLeroy, City Attorney

 

A public hearing will be conducted for

the final reading of Ordinance No. 2696, Tuesday, January 3, 2017, at the Municipal Building, at 7:00 p. m.

 

12.11

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2695

 

AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTf OF THE CITV OF SULPHUR SPRINGS, TEXAS,

PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS

AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS

PASSED IS OPEN TO THE PUBLIC.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR SPRINGS, TEXAS:

 

SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric

Delivery Company LLC, its successors and assigns (herein called "Company"), the right,

privilege and franchise to construct, extend, maintain and operate in, along, under and across

the present and future streets, alleys, highways, public utility easements, public ways and other

public property (Public Rights-of-Way) of the City of Sulphur Springs, Texas (herein called

"City") electric power lines, with all necessary or desirable appurtenances (including

underground conduits, poles, towers, wires, transmission lines, telephone and communication

lines, and other structures for its own use), (herein called "Facilities") for the purpose of

delivering electricity to the City, the inhabitants thereof, and persons, firms and corporations

beyond the corporate limits thereof, for the term set out in Section 7.

 

SECTION 2. Poles, towers and other structures shall be so erected as not to

unreasonably interfere with traffic over streets, alleys and highways.

 

SECTION 3. The City reserves the right to lay, and permit to be laid, storm, sewer, gas,

water, wastewater and other pipe lines, cables, and conduits, or other improvements and to do

and permit to be done any underground or overhead work that may be necessary or proper in,

across, along, over, or under Public Rights-of-Way occupied by Company. The City also

reserves the right to change in any manner any curb, sidewalk, highway, alley, public way,

street, utility lines, storm sewers, drainage basins, drainage ditches, and the like. Upon request

by City, Company shall relocate its facilities at the expense of the City except as otherwise

required by Section 37. 101(c) of the Texas Public Utility Regulatory Act (PURA), which statutory

provision currently states, the governing body of a municipality may require an electric utility to

relocate the utility's facility at the utility's expense to permit the widening or straightening of a

street. City and Company further agree that widening and straightening of a street includes the

addition of any acceleration, deceleration, center or side turn lanes, and sidewalks (meaning

sidewalks done in conjunction with widening or straightening of a street), provided that the City

shall provide Company with at least thirty (30) days' notice and shall specify a new location for

such facilities along the Public Rights-of-Way of the street. Company shall, except in cases of

emergency conditions or work incidental in nature, obtain a permit, if required by City ordinance,

prior to performing work in the Public Rights-of-Way, except in no instance shall Company be

required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the City's

enactment of any ordinance providing the contrary. Company shall construct its facilities in

conformance with the applicable provisions of the National Electrical Safety Code.

 

If the City requires the Company to adapt or conform its Facilities, or in any manner to alter,

relocate, or change its Facilities to enable any other corporation or person to use, or use with

greater convenience, said street, alley, highway, or public way, the Company shall not be bound

to make such changes until such other corporation or person shall have undertaken, with good

and sufficient bond, to reimburse the Company for any costs, loss, or expense which will be

caused by, or arises out of such change, alteration, or relocation of Company's Facilities.

 

If City abandons any Public Rights-of-Way in which Company has facilities, such abandonment

shall be conditioned on Company's right to maintain its use of the former Public Rights-of-Way

and on the obligation of the party to whom the Public Rights-of-Way is abandoned to reimburse

Company for all removal or relocation expenses if Company agrees to the removal or relocation

of its facilities following abandonment of the Public Rights-of-Way. If the party to whom the

Public Rights-of-Way is abandoned requests the Company to remove or relocate its facilities

and Company agrees to such removal or relocation, such removal or relocation shall be done

within a reasonable time at the expense of the party requesting the removal or relocation. If

relocation cannot practically be made to another Public Rights-of-Way, the expense of any right of-

way acquisition shall be considered a relocation expense to be reimbursed by the party

requesting the relocation.

 

SECTION 4.

A. In consideration of the granting of this Franchise, Company shall, at its sole cost and

expense, indemnify and hold the City, and its past and present officers, agents and employees

harmless against any and all liability arising from suits, actions or claims regarding injury or

death to any person or persons, or damages to any property arising out of or occasioned by the

intentional and/or negligent acts or omissions of Company or any of its officers, agents, or

employees in connection with Company's construction, maintenance and operation of

Company's system in the City Public Rights-of-Way, including any court costs, reasonable

expenses and reasonable defenses thereof.

B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable

to the negligence or wrongful act or omission of the Company or its officers, agents or

employees, and does not apply to the extent such loss, damage or injury is attributable to the

negligence or wrongful act or omission of the City or the City's officers, agents, or employees or

any other person or entity. This provision is not intended to create a cause of action or liability

for the benefit of third parties but is solely for the benefit of Company and the City.

C. In the event of joint and concurrent negligence or fault of both Company and the City,

responsibility and indemnity, if any, shall be apportioned comparatively between the City and

Company in accordance with the laws of the state of Texas without, however, waiving any

governmental immunity available to the City under Texas law and without waiving any of the

defenses of the parties under Texas law. Further, in the event of joint and concurrent

negligence or fault of both Company and the City, responsibility for all costs of defense shall be

apportioned between the City and Company based upon the comparative fault of each.

D. In fulfilling its obligation to defend and indemnify City, Company shall have the right to

select defense counsel, subject to City's approval, which will not be unreasonably withheld.

Company shall retain defense counsel within seven (7) business days of City's written notice

that City is invoking its right to indemnification under this franchise. If Company fails to retain

counsel within such time period, City shall have the right to retain defense counsel on its own

behalf, and Company shall be liable for all reasonable defense costs incurred by City, except as

otherwise provided in section 4.B and 4. C.

 

SECTION 5. This franchise is not exclusive, and nothing herein contained shall be

construed so as to prevent the City from granting other like or similar rights, privileges and

franchises to any other person, firm, or corporation. Any Franchise granted by the City to any

other person, firm, or corporation shall not unreasonably interfere with this Franchise.

 

SECTION 6. In consideration of the grant of said right, privilege and franchise by the

City and as full payment for the right, privilege and franchise of using and occupying the said

Public Rights-of-Way, and in lieu of any and all occupation taxes, assessments, municipal

charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges,

street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals

of whatsoever kind and character which the City may impose or hereafter be authorized or

empowered to levy and collect, excepting only the usual general or special ad valorem taxes

which the City is authorized to levy and impose upon real and personal property, sales and use

taxes, and special assessments for public improvements, Company shall pay to the City the

following:

 

A. A final quarterly payment was made on or before October 15, 2016 for the basis and

privilege period of July 1 through September 30, 2016 in accordance with the provisions

in the previous franchise agreement.

B. As authorized by Section 33. 008(b) of PURA, the original franchise fee factor calculated

for the City in 2002 was 0.002767 (the "Base Factor"), multiplied by each kilowatt hour of

electricity delivered by Company to each retail customer whose consuming facility's

point of delivery is located within the City's municipal boundaries for determining

franchise payments going forward.

 

Due to a 2006 agreement between Company and City the franchise fee factor was

increased to a franchise fee factor of 0. 002905 (the "Current Factor"), multiplied by each

kilowatt hour of electricity delivered by Company to each retail customer whose

consuming facility's point of delivery is located within the City's municipal boundaries on

a quarterly basis.

 

However, consistent with the 2006 agreement, should the Public Utility Commission of

Texas at any time disallow Company's recovery through rates of the higher franchise

payments made under the Current Factor as compared to the Base Factor, then the

franchise fee factor shall immediately revert to the Base Factor of 0. 002767 and all

future payments, irrespective of the time period that is covered by the payment, will be made using the Base Factor.

 

Payments to the City shall be made per the quarterly schedule as follows:

 

Payment Due

January 15

April 15

July 15

October 15

 

Basis Period

October 1 - December 31

January 1 - March 31

April 1- June 30

July 1-September 30

 

Privilege Period

October 1-December 31

January 1- March 31

April 1-June 30

July 1 September 30

 

 

 

 

1. The first quarterly payment hereunder shall be due and payable on or before January

15, 2017 and will cover basis and privilege period of October 1, 2016 through

December 31, 2016. If this franchise is not effective prior to the first quarterly

payment date, Company will pay any payments due within 30 days of the effective

date of this agreement. The final quarterly payment under this franchise is due on or

before October 15, 2037 and covers the basis and privilege period of July 1, 2037

through September 30, 2037; and

 

2. After the final payment date of October 15, 2037, Company may continue to make

payments in accordance with the above schedule. City acknowledges that such

continued payments will correspond to privilege periods that extend beyond the term

of this franchise and that such continued payments will be recognized in any

subsequent franchise agreement as full payment for the relevant periods.

 

C. A sum equal to four percent (4%) of gross revenues received by Company from services

identified as DD1 through DD24 in Section 6. 1.2 "Discretionary Service Charges, " in

Oncor's Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the

account and benefit of an end-use retail electric consumer. Company will, upon request

by City, provide a cross reference to Discretionary Service Charge numbering changes

that are contained in Company's current approved Tariff.

 

1. The franchise fee amounts based on "Discretionary Service Charges" shall be

calculated on an annual calendar year basis, i.e. from January through December 31

of each calendar year.

 

2. The franchise fee amounts that are due based on "Discretionary Service Charges"

shall be paid at least once annually on or before April 30 each year based on the

total "Discretionary Service Charges", as set out in Section 6C, received during the

preceding calendar year. The initial Discretionary Service Charge franchise fee

amount will be paid on or before April, 30 2017 and will be based on the calendar

year January 1 through December 31, 2016. The final Discretionary Service Charge

franchise fee amount will be paid on or before April 30, 2038 and will be based on

the calendar months of January 1 through September 30, 2037.

 

3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the

franchise fee on Discretionary Service Charges.

 

4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and

approve that portion of any tariff which provides for 100% recovery of the franchise

fee on Discretionary Service Charges; (ii) in the event the City intervenes in any

regulatory proceeding before a federal or state agency in which the recovery of the

franchise fees on such Discretionary Service Charges is an issue, the City will take

an affirmative position supporting the 100% recovery of such franchise fees by

Company and; (iii) in the event of an appeal of any such regulatory proceeding in

which the City has intervened, the City will take an affirmative position in any such

appeals in support of the 100% recovery of such franchise fees by Company.

 

5. City agrees that it will take no action, nor cause any other person or entity to take

any action, to prohibit the recovery of such franchise fees by Company.

 

6. In the event of a regulatory disallowance of the recovery of the franchise fees on the

Discretionary Service Charges, Company will not be required to continue payment of

such franchise fees.

 

SECTION 7. This Ordinance shall become effective upon Company's written

acceptance hereof, said written acceptance to be filed by Company with the City within sixty

(60) days after final passage and approval hereof. The right, privilege and franchise granted

hereby shall expire on September 30, 2037; provided that, unless written notice of cancelation is

given by either party hereto to the other not less than sixty (60) days before the expiration of this

franchise agreement, it shall be automatically renewed for an additional period of six (6) months

from such expiration date and shall be automatically renewed thereafter for like periods until

canceled by written notice given not less than sixty (60) days before the expiration of any such

renewal period.

 

SECTION 8. This Ordinance shall supersede any and all other franchises granted by

the City to Company, its predecessors and assigns.

 

SECTION 9 The sections, paragraphs, sentences, clauses and phrases of this

Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional

by the valid final non-appealable judgment or decree of any court of competent jurisdiction, such

illegality or unconstitutionality shall not affect the legality and enforceability of any of the

remaining portions of this Ordinance.

 

SECTION 10. In order to accept this franchise, Company must file with the City

Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final

passage and approval by City.

 

SECTION 11. It is hereby officially found that the meeting at which this Ordinance is

passed is open to the public and that due notice of this meeting was posted by City, all as

required by law.

 

PASSED AND APPROVED at a regular meeting of the City Council of Sulphur Springs,

Texas, on this the 6 day of December, 2016.

 

PASSED AND ADOPTED at a regular meeting of the City Council of Sulphur Springs,

Texas, on this the _ day of _, 2017.

 

Emily Glass, Mayor

The City of Sulphur Springs

 

ATTEST:

Gale Roberts, City Secretary

 

STATE OF TEXAS

COUNTY OF HOPKINS

CITY OF SULPHUR SPRINGS

 

A public hearing will be conducted for the final reading of Ordinance No. 2695, Tuesday, January 3, 2017, at the Municipal Building, at 7:00 p. m.

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2694

 

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY

OF SULPHUR SPRINGS, TEXAS BY DECLARING A CERTAIN TRACT OF

LAND LIGHT INDUSTRIAL.

 

Whereas, a request has been received by the City of Sulphur Springs, Texas, to rezone

all lots making up the Municipal Airport to Light Industrial (LI).

 

Whereas, the boundaries of the new district are delineated on the City of Sulphur Springs map which is designated as the "Zoning District Map" together with all notations, references, and information is hereby adopted and made a part of this ordinance as though the same were adopted full herein.

 

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Sulphur

Springs, Texas, that the properties making up the Municipal Airport be changed to Light Industrial (LI).

 

IT IS SO ORDAINED.

 

Passed and approved on the first reading this 6 day of December 2016.

Passed and adopted on the second and final reading this _ day of_ 2017.

 

Emily Glass, Mayor

Attest:

Gale Roberts, City Secretary

 

A public hearing will be conducted for

the final reading of Ordinance No. 2694, Tuesday, January 3, 2017, at the Municipal Building, at 7:00 p. m.

 

PUBLIC HEARING NOTICE

CITY OF CUMBY

TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

 

The City of Cumby will hold a public hearing at 5:00 p.m. on Thursday, December 15, 2016, at the Cumby City Hall, 100 E. Main Street, Cumby, Texas 75433 regarding the Texas Department of Agriculture’s CDBG Program. Citizens are encouraged to attend to discuss the citizen participation plan, local housing and community development needs, available funding, eligible activities, past use of funds, and development of CDBG applications. Written comments may also be submitted to Kay Lowery, City Secretary at the address above. Persons with disabilities or others requiring auxiliary aids or services to participate in this hearing should make arrangements with the City Secretary at 903-994-2272 at least two days before the hearing. Este aviso se puede encontrar en inglés y en español en las oficinas municipales de la Ciudad.

 

12.11

 

REQUEST FOR PROPOSAL

 

Sulphur Springs Independent School District is soliciting sealed porposal for the following:

 

CONCRETE FOUNDATION – NEW BASEBALL COMPLEX

 

Specifications and Instructions may be obtained November 30, 2016 at the Sulphur Springs ISD Administration Building Plant Operations Office 631 Connally Street, Sulphur Springs, TX 75482

 

SEALED Proposals are due Wednesday, December 14, 2016 at 10:00am.

 

12.1,8

 

0011   Instruction

0012   Instructional Resources & Media Services

0013   Curriculum & Staff Development

0021   Instructional Leadership

0023   School Leadership

0031   Guidance, Counseling & Evaluation Services

0033   Health Services

0034   Student (Pupil) Transportation

0035   Food Services

0036   Cocurricular/Extracurricular Activities

0041   General Administration

0051   Plant Maintenance and Operations

0052   Security and Monitoring Services 

0053   Data Processing Services

0061   Community Services

0071   Principal on Long-term Debt

0072   Interest on Long-term Debt

0073   Debt Issuance Cost and Fees

0081   Capital Outlay

0093   Payments for Shared Service Arrangements

0099   Other Intergovernmental Charges

6030   Total Expenditures

1100   Excess (Deficiency) of Revenues Over

           Expenditures

           Other Financing Sources (Uses):

7913  Issuance of Capital Leases

7915   Transfer In

8911   Transfer Out

7080   Total Other Financing Sources (Uses)

1200   Net Change in Fund Balances

0100   Fund Balances - Beginning (September 1)

3000   Fund Balances - Ending (August 31)

 

REQUEST FOR PROPOSAL

Sulphur Springs Independent School District is soliciting sealed porposal for the following:

 

CONCRETE FOUNDATION - NEW BASEBALL COMPLEX

 

Due to SSISD School Hoilday November 21, 2016 thru November 25, 2016 Specifications and Instructions may be obtained that week by calling Dan Froneberger 903-243-7444 November 21st, thru November 23rd. SSISD Administration Building will reopen November 28th and Specifications and Instructions may be optained at the Sulphur Springs ISD Administration Building Plant Operations Office 631 Connally Street, Sulphur Springs, TX 75482. 

 

Sealed Propsals are due Wednesday, November 30, 2016 at 10:00 am.

11:18,20,27

 

NOTICE OF SCHEDULED ENTRY INTO FIELDS OR PREMISES

 

Pursuant to Texas Agric. Code, Sec. 74.117, cotton producers in the Northern Blacklands Boll Weevil Eradication Zone, which is in that area of all of Cooke, Montague, Grayson, Fannin, Lamar, Red River, Bowie, Cass, Morris, Titus, Franklin, Hopkins, Delta, Hunt, Rockwall, Collin, Denton, Wise, Jack, Parker, Tarrant, Dallas, Kaufman, Ellis, Rains, Van Zandt, Henderson, Navarro, Johnson, Hood, Somervell, Bosque, Hamilton, and Hill counties; and those parts of McLennan and Limestone counties north of State Highway 84, are hereby notified that Texas Boll Weevil Eradication Foundation personnel will be conducting eradication activities in and around their fields or premises, beginning January 2, 2017.  All cotton fields will be mapped, and treatment will begin during late season.  For notification prior to any chemical treatment, call 1-800-687-1212 with the exact location of your field and appropriate telephone numbers.  Field and premise entry and treatment is expected to last until all cotton is no longer hostable in the zone. For more information regarding this program, please call the Texas Boll Weevil Eradication Foundation at 1-800-687-1212.

12.20.27

 

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public notice

REQUEST FOR PROPOSAL

 

PUBLIC HEARING

CITY OF SULPHUR SPRINGS

TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

 

The City of Sulphur Springs will hold a public hearing at 5:00 p.m. on Thursday, November 17, 2016 at the Sulphur Springs City Hall, 201 N. Davis Street, Sulphur Springs, Texas 75482 regarding the Texas Department of Agriculture’s CDBG Program. Citizens are encouraged to attend to discuss the citizen participation plan, local housing and community development needs, available funding, eligible activities, past use of funds, and development of CDBG applications. Written comments may also be submitted to the City Secretary at the address above. Persons with disabilities or others requiring auxiliary aids or services to participate in this hearing should make arrangements with the City Secretary at 903-885-7541 at least two days before the hearing. Este aviso se puede encontrar en inglés y en español en las oficinas municipales de la Ciudad.

9.16

PUBLIC NOTICE

Request for Proposals

 

The City of Sulphur Springs is accepting sealed bids for its’ Street Improvement Program SIP 2016-2017.  Sealed bids are due on or before 10:00am on Nov. 18, 2016 at The City of Sulphur Springs Purchasing office, 125 S. Davis St., Sulphur Springs, Texas. Sealed Bids must have written on the sealed envelope: “Street Improvement Program SIP 2016-2017 – City of Sulphur Springs – Attention Jody Price.” Copies of the specifications are available at the Purchasing office, (contact Jody Price at 903-885-7541 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). The bids will be publicly opened and read aloud at 10:15 am Nov. 18, 2016 in The City of Sulphur Springs Council Chambers, located at City Hall at 201 N. Davis St. Bidder will provide all labor, equipment and necessary material to complete the project per the plans and specifications.  The City reserves the right to reject any and all bids and to waive informalities in bidding. In case of lack of clarity in stating prices, the City reserves the right to consider the most advantageous bid thereof, or reject the bid. Qualified DBE firms are encouraged to submit bids.

11.1

PUBLIC NOTICE

Request for Proposals

 

The City of Sulphur Springs is accepting sealed bids for 7” reinforced Concrete Pavement Placement on its road reconstruction project at Bill Bradford Road.  Sealed bids are due on or before 10:00am on Nov. 15, 2016 at The City of Sulphur Springs Purchasing office, 125 S. Davis St., Sulphur Springs, Texas. Sealed Bids must have written on the sealed envelope: “Concrete Pavement Placement Bill Bradford Road – City of Sulphur Springs – Attention Jody Price.” Copies of the specifications are available at the Purchasing office, (contact Jody Price at 903-885-7541 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). The bids will be publicly opened and read aloud at 10:15 am Nov. 15, 2016 in The City of Sulphur Springs Council Chambers, located at City Hall at 201 N. Davis St. Bidder will provide all labor, equipment and necessary material to complete the project per the plans and specifications.  The City reserves the right to reject any and all bids and to waive informalities in bidding. In case of lack of clarity in stating prices, the City reserves the right to consider the most advantageous bid thereof, or reject the bid. Qualified DBE firms are encouraged to submit bids.

10.28, 11.4

PUBLIC HEARING NOTICE

CITY OF SULPHUR SPRINGS

TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

 

The City of Sulphur Springs will hold a public hearing at 5:00 p.m. on November 3, 2016, at the Sulphur Springs City Hall located at 201 N. Davis Street regarding the submission of an application to the Texas Department of Agriculture for a Texas Community Development Block Grant Program (TxCDBG) grant. The purpose of this meeting is to allow citizens an opportunity to discuss the citizen participation plan, the development of local housing and community development needs, the amount of TxCDBG funding available, all eligible TxCDBG activities, and the use of past TxCDBG funds. The City encourages citizens to participate in the development of this TxCDBG application and to make their views known at this public hearing. Citizens unable to attend this meeting may submit their views and proposals to Jodie Price, Contract Administrator at the Sulphur Springs Business Office. Persons with disabilities that wish to attend this meeting should contact the City Secretary to arrange for assistance. Individuals who require auxiliary aids or services for this meeting should contact the City Secretary at least two days before the meeting so that appropriate arrangements can be made. Para más información en español, comuníquese con Jodie Price al 903-885-7541.

10.30

NOTICE TO CREDITORS

 

Notice is hereby given that original Letters  of Testamentary for the Estate of Linda Ann Harrison, deceased, were issued on November 29, 2016, in Cause No. P16-13913, pending in the County Court of Hopkins County, Texas, to: Steve Mark Harrison.

 

All persons having claims against this Estate which is currently being administered are required to present them to the undersigned within the time and in the manner prescribed by Law.

 

c/o: Steven Mark Harrison

5611 CR 4705

Commerce, Texas 75428

 

DATED the 29th day of November, 2016

 

Frank Bauer

Attorney for Steven Mark Harrison

State Bar No.: 01920600

430 Church Street

P.O.Box 207

Sulphur Springs, TX 75483

Telephone: (903) 439-6224

Facsimile: (903) 885.1385

12.1.16

LEGAL NOTICE

Application has been made with the Texas

Alcoholic Beverage Commission for (FB) FOOD AND BEVERAGE CERTIFICATE, (PE) BEVERAGE CARTAGE PERMIT, (RM) MIXED BEVERAGE RESTAURANT PERMIT WITH FB by Alifonso Mario Perez dba An Empty Glass Steakhouse & Lounge, located at 326 Industrial Drive East, Sulphur Springs, TX 75482 in Hopkins County.

Officer of said company

Alifonso Mario Perez.

 

11.28,29

 

LEGAL NOTICE

 

Application has been made with the Texas

Alcoholic Beverage commission for Wine and Beer Retailer’s Off-premise Permit by E-Z Mart Stores, Inc., a Texas

Corporation d/b/a E-Z Mart #759 located at 1505 Shannon Rd E, Sulphur Springs, TX 75482 in

Hopkins County.

Officers of said company

are Sonja Hubbard,

CEO; Stacy Yates, CFO/Secretary; Bobby Hubbard, COO/President; FaEllen Yates, Chairman

 

11.

LEGAL NOTICE

 

Applicantion has been made with the Texas Alcoholic Beverage Commission for a Mixed Beverage Restaurant Permit with FB by Sabino’s Italian Restaurant, LLC. dba Roma’s Italian Restaurant, located at 400 Shannon Rd. East Sulphur Springs, TX 75482, Hopkins County. Sabino Gonzales, Manager/Member. 

11.4, 6

LEGAL NOTICE

 

Applicantion has been made with the Texas Alcoholic Beverage Commission for a Wine and Beer Retailer’s Off-Premise Permit by SONY TRAVEL CENTER INC. DBA SEVEN STAR TRAVEL CENTER, to be located at 1600 SHANNON RD. WEST SULPHUR SPRINGS, TX 75482, COUNTY:HOPKINS. Officer of said corporation is: KAMAL CHAKRAVARTHY, PRESIDENT/DIRECTOR.

10.21, 28

REQUEST FOR PROPOSAL

Sulphur Springs Independent School District is soliciting sealed porposal for the following:

 

CONCRETE FOUNDATION - NEW BASEBALL COMPLEX

 

Due to SSISD School Hoilday November 21, 2016 thru November 25, 2016 Specifications and Instructions may be obtained that week by calling Dan Froneberger 903-243-7444 November 21st, thru November 23rd. SSISD Administration Building will reopen November 28th and Specifications and Instructions may be optained at the Sulphur Springs ISD Administration Building Plant Operations Office 631 Connally Street, Sulphur Springs, TX 75482. 

 

Sealed Propsals are due Wednesday, November 30, 2016 at 10:00 am.

11:18,20,27

 

NOTICE

The Quality Housing and Work Respnsibility Act of 1998 requires the Housing Authority for the City of Como to prepare a 5 yr plan and an Annual Streamlined Plan covering operations of the Public Housing Program. On Tuesday December 27, 2016 at 4:30 pm the Board of Commissioners will hold a public meeting to receive comments on these plans. The meeting will be held at Community room at 101 Home Street, Como, Texas. The draft plans and supporting Documents are available at the Housing Authority Office for public viewing, 101 Home Street, Como, Texas onTuesdays from 8 am to noon.

11:7

 

ADVERTISEMENT  TO BID

Sulphur Springs Stadium Renovations

Sulphur Springs ISD

 

Sulphur Springs ISD and Gallagher Services invite bids from all interested subcontractors for the Stadium Renovations at Sulphur Springs High School. All bids received will be evaluated in accordance with the Texas Government Code in order to obtain the best overall value for Sulphur Springs ISD. The information below is provided as a general overview of the bidding requirements and procedures and does not replace or supersede any other information contained in the contract documents.

 

BID TIME/DATE/LOCATION: Bids will be received until 2:00 PM, TUESDAY, December 6, 2016 at the Sulphur Springs ISD Administration Building located at 631 Connally Street, Sulphur Springs, Texas 75482. All bids received after the 2:00 PM deadline will not be accepted.

 

INSURANCE REQUIREMENTS: General Liability, Automobile, Workers Compensation, Excess Liability and other insurance WILL be required of each Subcontractor performing work on the project, WITHOUT EXCEPTION. Refer to the contract documents for insurance requirements. All cost of required insurance coverages and endorsements SHALL be included in the base bid.

 

BID DOCUMENTS: Electronic copies of the bid documents may be obtained free of charge by contacting Lance Aaron at Gallagher Services via e-mail ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or by accessing bid information at www.gallaghertx.com. Electronic copies of the bid documents will also be furnished to area plan rooms.

 

PRE-BID MEETING: A pre-bid meeting will be held on Friday, November 18, 2016 at 11:00 AM at the Gerald Prim Stadium, 1200 Connally Street, Sulphur Springs, Texas 75482. A site visit will be made after

the pre-bid meeting. Attendance at the pre-bid meeting and subsequent site visits is not mandatory, but is strongly suggested. NO OTHER SITE VISITS WILL BE ALLOWED WITHOUT PRIOR CONSENT

BY SULPHUR SPRINGS ISD AND GALLAGHER SERVICES.

 

Sulphur Springs ISD and Gallagher Services appreciate interest in this project and will work diligently to assure a fair and competitive bidding process to obtain the best value for the District.

11.3,10

 

PUBLIC NOTICE

Saltillo ISD will  conduct a public meeting on Thursday, November 17, 2016 at 6:00 p.m. in the Superintendent’s office to review and discuss the 2016 School Financial Integrity Rating System of Texas (FIRST) rating. This year’s rating of Superior is based on the 2014-2015 fiscal year.

11.2,10

PUBLIC NOTICE

Sulphur Bluff ISD will conduct a public meeting on Thursday, November 17, 2016 at 5:30 pm in the Board Room to review and discuss the 2011 School Financial Integrity Rating System of Texas (FIRST) rating. This year’s rating of Superior Achievement is based on the 2014-15 fiscal year.

11.1

 

PUBLIC NOTICE

Miller Grove ISD will  conduct a public meeting on Monday, November 21, 2016 at 6:00 p.m. in the High School Library to review and discuss the 2016 School Financial Integrity Rating System of Texas (FIRST) rating. This year’s rating of Superior Achievement is based on the 2014-2015 fiscal year.

11.2,10

 

PUBLIC NOTICE

Como-Pickton School Board will hold a public hearing on the 2015-16 Financial Integrity Rating System of Texas (FIRST) results. The public hearing will be held during the regular school board meeting on November 14, 2016, at 6:00 p.m. in the Como-Pickton Conference Center.

10.26, 11.2

PUBLIC NOTICE

 

Notice is given that the North East Texas Regional Water Planning Group (NETRWPG) is accepting nominations for two positions to serve as voting members.  Vacancies exits due to the resignation of one voting member from Hunt County and one voting member from Rains County.  The voting members were representing the interest groups of Environmental and Municipalities.  The position can come from the interest groups of Environmental or Municipalities, but it is not required.  In selecting a new voting member, NETRWPG will continue to strive to achieve interest group, geographic, ethnic and gender diversity.  To be eligible, a person must be qualified as set forth in the NETRWPG Bylaws.  The conditions of membership are set forth in the NETRWPG Bylaws.  The method of submission of nominations shall be to submit to the principal administrative office of the NETRWPG.  The deadline for submission is December 21, 2016.

 

The address of such office is:    

Northeast Texas Municipal Water District

P.O. Box 955

Hughes Springs, Texas 75656

 

11.13

PUBLIC NOTICE

 

Notice is given that the North East Texas Regional Water Planning Group (NETRWPG) is accepting nominations for two positions to serve as voting members.  Vacancies exits due to the resignation of one voting member from Hunt County and one voting member from Rains County.  The voting members were representing the interest groups of Environmental and Municipalities.  The position can come from the interest groups of Environmental or Municipalities, but it is not required.  In selecting a new voting member, NETRWPG will continue to strive to achieve interest group, geographic, ethnic and gender diversity.  To be eligible, a person must be qualified as set forth in the NETRWPG Bylaws.  The conditions of membership are set forth in the NETRWPG Bylaws.  The method of submission of nominations shall be to submit to the principal administrative office of the NETRWPG.  The deadline for submission is December 21, 2016.

 

The address of such office is:    

Northeast Texas Municipal Water District

P.O. Box 955

Hughes Springs, Texas 75656

11.21

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public notice

NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate of KATIE F. SINCLAIR, Deceased, were issued on June 21, 2016, in Cause No. P16-13879, pending in the County Court of Hopkins County, Texas, to: COY JOHNSON.

All persons having claims against the Estate which is currently being administered are required to present them to the undersigned within the time and in the manner prescribed by law. 

Johnson Law Firm, P.C.

609 Gilmer Street

Sulphur Springs, TX 75482

DATED the 7th day of September, 2016.

Clay Johnson

Attorney for the Estate

State Bar No. 24007450

609 Gilmer Street

Sulphur Springs, Texas 75482

Telephone: (903) 885-8866

Facsimile: (903) 584-1313

    9.12

PUBLIC NOTICE

 

Hopkins County Commissioners Court will accept sealed bids until 9:00 a.m., Friday, September 23, 2016 in the County Judge’s office for the  (3) NEW 2016-17 Police Service Sport Utility Vehicles.

Carefully read all requirements, specifications and instructions. Fill out all forms properly and completely. Submit your bid, including all appropriate supplements and/or samples. Be sure all required signitures ar ein place.

ALL HANDWRITTEN SIGNITURES MUST BE IN INK AND ALL PRICES MUST BE WRITTEN IN INK OR (PREFERABLY) TYPEWRITTEN.

 

BIDDER MUST INCLUDE EMPLOYER INDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

 

Return Bid to::

County Judge’s Office

Hopkins County Courthouse

118 Church Street

Sulphur Springs, TX 75483

903-438-4011

 

BIDS RECIEVED LATER THAN THE TIME AND DATE STATED ABOVE WILL NOT BE CONSIDERED. BIDS WILL BE PRESENTED TO COMMISSIONER’S COURT AT 9:00 A.M. ON MONDAY, SEPTEMBER 26, 2016.

 

9.9

 

PUBLIC NOTICE

 

Hopkins County Commissioners Court will accept sealed bids until 9:00 a.m., Friday, September 23, 2016 in the County Judge’s office for the  (2) or more Used 2010 or Newer Diesel Dump Trucks.

Specifications are available from:

Hopkins County Auditor

Kelly Kaslon

118 Church Street

Sulphur Springs, TX 75483

903-438-4011

 

Bidder may use lump-sum or unit pricing as designated in the specifications. No money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the County.

 

Shannah Walker

County Auditor

Hopkins County, Texas 

9.9

 

SELF STORAGE

110 SEWELL LANE

SULPHUR SPRINGS, TX. 75482

903-885-6111

NOTICE OF PUBLIC SALE
 of property to satisfy landlord’s lien. Sale is 8:00 am, SATURDAY, September 17, 2016 at 110 Sewell lane and immediately following at 1135 E. Industrial Dr. Sulphur Springs, Texas. Property will be sold to highest bidder for cash. Cleanup and removal deposit may be required. Seller reserves right to withdraw property from sale. Property includes contents of spaces of following tenants:  Michael L. Conley: Table misc. boxes & containers; Wendy M. Warren: refrigerator, washer; Wanda D. Cole: Bedroom furniture, misc. boxes; Diana K. McCoy: Household furniture & boxes; Lashinda M. Kidd; Furniture, misc. containers; Jacklyn J. Howerton: Household furniture, misc. containers; Renea D. Morel: Household furniture, misc. boxes & containers; Mildred L. Townsend: furniture, misc. boxes & & containers; Ashley D. Porter: Table & Chairs, misc. items; Larret G. Scott: TV cabinet, mattress; Valerie J. Swindell: Household furniture, boxes; Joanna K. Bailey: Household furniture, misc. boxes; Leon Jr. Jose: Boxes & containers; Adam G. Lindauer: misc. boxes & containers; Jessika L. Rasmussen: Changing table; Enlin M. Mantha: Microwave, baby bed mattress; Laquita J. Pierce: Couch, bed; Damain R. Morel: Tool box, misc. tools; Shatobia K.Clayton: Bed, washer, misc. items; Clarissa A. Dial: Household furniture boxes; Johnnie L. Johnson; Household furniture, misc. boxes and containers;  Daniel L. Johnson: Furniture & bags; William B. Anderson: Desk, grandfather clock, boxes. Contact Sonjia W. Crowell, 903-885-6111, or Self Storage, 110 Sewell Lane, Sulphur Springs, Texas 75482.

9.9, 11,12,13,14,15,16,18,19,20,21,22,23,25

 

NOTICE OF PUBLIC SALE

 

Of property being sold to satisfy a landlord’s lien.Sale to be held at AAA Storageat 2224 S. Broadway, Sulphur Springs, Texas, 75482, on September 17, 2016, at 9:00a.m.  Cleanup deposit is required. Seller reserves the right to withdraw property at any time before the sale. Unit items sold for cash to highest bidder. Property includes contents of spaces of the following tenants: Joe Macon,  Shannon Henry, Brandlon Adams, Michael Carlow, Chrystal Neagle, Paul Hoppa, SherryAnn Baldin, Courtney Kitchens.   

9:11, 16

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2687

 

AN ORDINANCE OF THE CITY OF SULPHUR SPRINGS, TEXAS ADOPTING THE ANNUAL BUDGET OF THE CITY, FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SULPHUR

SPRINGS, APPROPRIATING THE VARIOUS AMOUNTS THEREOF, AND REPEALING ALL ORDINANCES

OR PARTS IN CONFLICT HEREWITH.

 

WHEREAS, in accordance with the provisions of the Charter of Sulphur Springs, Texas, the City Manager has heretofore submitted to the Mayor and the City Council a budget estimate of the revenues of the

City and the expenditures/expenses dedicated for the operation of the affairs thereof and providing a complete financial plan for 2016-2017 for the operation of the affairs thereof for the fiscal year ending

September 30, 2017 to wit:

 

WHEREAS, the City Council has received said City Manager's proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR SPRINGS, TEXAS:

 

Section I: As submitted, the budget of the City of Sulphur Springs, Texas, for the fiscal year ending September 30, 2017 provides for the appropriation of funds other than

current year ad valorem taxes. As estimated, said appropriations are $32, 597,045 or 89.4 % of the total estimated revenue of the City for the fiscal year ending September 30, 2017 and $3,874,321 (97.6% collection rate for current year) or 10.6 % of the said revenue is from ad valorem taxes, creating a total estimated revenue and funding from all sources of $36,471,366.

 

Section II: The budget appropriation for the fiscal year ending September 30, 2017 is hereby read, approved and adopted not to exceed a total expenditure of

$36, 471, 386 for all expenses of debt requirements, operating city government,

and capital improvements, together with all department of same of the current

fiscal year ending September 30, 2017, and shall be disbursed between the

several departments as provided for in the budget of the City of Sulphur Springs,

Texas, and adopted for the said fiscal year.

Section III: Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

 

Section IV: This Ordinance shall be and remain in full force and effect from and after its final passage as herein provided. The provisions of this ordinance are subject to

change upon second and final reading of the City Council after receiving public

input as set forth in the City Charter.

 

“A public hearing will be conducted for the final reading of Ordinanace No. 2687, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

Passes and approved on the first reading, this the 6th day of September, 2016.

Passed and adopted on second and final reading, the 27th day of September, 2016. 

 

Emily Glass, Mayor

Gale Roberts, City Secretary

9.10,18,24

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2688

 

AN ORDINANCE OF THE CITY OF SULPHUR SPRINGS, TEXAS, FIXING THE TAX RATE AND TAX LEVY FOR THE CITY OF SULPHUR SPRINGS, TEXAS, FOR THE 2016 TAX YEAR UPON ALL

TAXABLE PROPERTY WITHIN THE SAID CITY OF SULPHUR SPRINGS, IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY AND REPEALING ALL ORDINANCES OR PARTS IN-CONFLICT HEREWITH.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR SPRINGS, TEXAS:

 

SECTION I: That there shall be and is hereby levied and assessed for the calendar year ending December 31, 2015, upon all property of every description subject to taxation within the corporate limits of the City of Sulphur Springs, Texas, on January 1, 2016, the following rate to wit:

 

An Ad Valorem tax at the rate of $ .44 per each $100.00 value on the total assessed

valuation of tax value.

 

SECTION II: The City Tax Collector of the City of Sulphur Springs, Texas, is hereby directed to collect the funds enumerated herein, the total tax collected to the credit of the City of Sulphur Springs as follows:

$.3794 for the purposes of maintenance and operation $.0606 for the payment of principal and interest on debt of this City.

$.4400 Total Tax Rate

 

SECTION III: That the tax so levied and assessed shall be apportioned to the accounts and funds in the amount as set forth above, and in the Annual Budget of the City adopted for the Fiscal Year commencing October 1, 2016. A 97.6 % collection rate factor is imputed and

is recorded in the General Fund and the Debt Service Fund.

 

SECTION IV: That the taxes provided for herein are levied and assessed in accordance with the appropriate state statutes.

 

SECTION V: Ad Valorem taxes levied by this Ordinance shall be due and payable on October 1, 2016, and shall become delinquent for the first day of February, 2017.

 

SECTION VI: If the tax is unpaid after February 1, 2017, such tax will become delinquent and penalty and interest will accrue as provided by the Texas Tax Code, Section 33.01.

 

SECTION VII: In the event the taxes become delinquent and in the event such delinquent taxes are referred to an attorney for collection, an additional amount of fifteen percent (15%) of the total amount of tax, penalty and interest then due shall be added as collection costs to be paid by the taxpayer.

 

SECTION VIII: The City of Sulphur Springs shall have a lien on all taxable property located in the City of Sulphur Springs to secure payment of taxes, penalty, interest and all costs of collection, assessed and levied hereby.

 

SECTION IX: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of conflict only.

 

SECTION X: This ordinance shall be in full force and effect immediately.

 

THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND

OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL

EFFECTIVELY BE RAISED BY .99 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY

APPROXIMATELY $4.35.

 

IT IS SO ORDAINED.

PASSED AND APPROVED ON FIRST READING, the 6th day of September, 2016.

PASSED AND ADOPTED ON SECOND AND FINAL READING, the 27th day of September, 2016.

 

Emily Glass, Mayor

Gale Roberts, City Secretary

 

“A public hearing will be conducted for the final reading of Ordinanace No. 2688, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

9.10,18,24

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2689

 

AN ORDINANCE AMENDING SECTION 26-2.1 WATER RATES, OF THE CITY OF SULPHUR SPRINGS CODE OF ORDINANCES BE IT ORDAINED BY THE CITY OF SULPHUR SPRINGS, 

that Section 26-2. 1, water rates shall be

amended to read as follows:

 

Effective on all bills submitted after October 1, 2016 water rates for the City shall be as follows:

 

A. Water rates for all active connections with the system are hereby fixed at the following rate for those meters less than four inches in size with a monthly demand charge plus a charge for each 1,000 gallons of metered water.

Monthly Demand Charge $7.31

Usage Fee (per 1,000 gallons of water)

$ 3.69

 

B. Water rates for all active connections with the system are hereby fixed at the following rates for those meters four inches in size or larger: 0 to 230,000 gallons (minimum) $795.12

all usage above 230,000 (per 1,000 gallons of water)$ 3.45

 

Passed and Approved on first reading this the 6th day of September, 2016.

Passed and Adopted on second reading this the 27th day of September, 2016.

 

 

Emily Glass, Mayor

Gale Roberts, City Secretary

 

“A public hearing will be conducted for the final reading of Ordinanace No. 2689, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

9.10,18,24

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2690

 

AN ORDINANCE AMENDING SECTION 26-2 SEWER RATES AND SECTION 26-2. 2. SURCHARGE SCHEDULE OF CHARGES, OF THE CITY OF SULPHUR SPRINGS CODE OF ORDINANCES

BE IT ORDAINED BY THE CITY OF SULPHUR SPRINGS, that:

 

1. Section 26-2, sewer rates shall be amended to read as follows:

Effective on all bills submitted after October 1, 2016 the following sewer rates for sewer

service rendered will be based on water consumption, calculated and billed monthly.

 

Residential consumption will be calculated for the preceding calendar quarter of

December, January and February of each year. All other consumption will be based on total water usage:

 

Usage (in gallons)

0 - 4, 000 Charge: $25.59

4,000 - 8,000 Charge: $2.23 per thousand gallons

8,000 and over Charge: $3.71 per thousand gallons

 

2. Section 26. 2. 2, Surcharge schedule of charges shall be amended to read as follows:

 

Extra strength and penalty surcharge rates. Customers that contribute higher concentrations of waste than normal domestic wastewater will be charged in accordance with the following

schedule (these charges shall be addition to the basic rate as described in section 26-2 above:

 

Extra strength charge = V[$.51(COD - 750) + $ 2.28 (TSS - 250)]

Penalty charge = V[$1.27 (COD - 3,000) + $2.54 (TSS -1, 000)]

 

V = Volume of water in 1.0 million gallon units per month (or billing period) as measured by a wastewater meter or water use meter or determined by the approval

authority.

 

COD - Average chemical oxygen demand in mg/1

 

TSS = Average total suspended solids in mg/1

 

The penalty charge is calculated using the entire month's (billing period's) volume. This charge is in addition to the extra strength surcharge amount and any fines that may be levied.

 

Passed and Approved on the first reading this the 6th day of September, 2016.

Passed and Adopted on the second reading this the 27th day  of September, 2016.

 

Emily Glass, Mayor

Gale Roberts, City Secretary

 

“A public hearing will be conducted for the final reading of Ordinanace No. 2690, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

9.10,18,24

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2691

 

AN ORDINANCE AMENDING THE RATES FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND TRASH FROM RESIDENCES WITHIN THE CORPORATE LIMITS OF THE CITY

OF SULPHUR SPRINGS AND ALSO INCLUDE RATES FOR COMMERCIAL BUSINESS INSIDE THE CITY AND ESTABLISHING RATES FOR TEMPORARY RESIDENTIAL DUMPSTERS.

 

NOW, THEREFORE BE IT ORDAINED BY THE CITY OF SULPHUR SPRINGS:

 

The monthly charge for residential twice a week collection

Each dwelling unit $ 11. 74

Two family residences $ 11. 74

Trailer park for each unit counted in park

 $ 11.74

 

 

 

 

 

 

 

 

 

The rate for temporary residential dumpsters is as follows:

(A delivery fee of 92.29 will be charged. For purposes of this ordinance the term temporary

means less than six months.)

 

Roll-offs 

20 cubic yards $508.57

30 cubic  yards 591.79

40 cubic yards 680.78

 

Compactors

30 cubic yards $627.72

35 cubic yards 677.44

40 cubic yards 718.92

42 cubic yards 751.21

 

These rates will become effective on Oct. 1, 2016 

 

Passed and Approved on the first reading this the 6th day of September, 2016.

Passed and Adopted on the second reading this the 27th day  of September, 2016.

 

Emily Glass, Mayor

Gale Roberts, City Secretary

 

“A public hearing will be conducted for the final reading of Ordinanace No. 2691, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

9.10,18,24

 

NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate of KATIE F. SINCLAIR, Deceased, were issued on June 21, 2016, in Cause No. P16-13879, pending in the County Court of Hopkins County, Texas, to: COY JOHNSON.

All persons having claims against the Estate which is currently being administered are required to present them to the undersigned within the time and in the manner prescribed by law. 

Johnson Law Firm, P.C.

609 Gilmer Street

Sulphur Springs, TX 75482

DATED the 7th day of September, 2016.

Clay Johnson

Attorney for the Estate

State Bar No. 24007450

609 Gilmer Street

Sulphur Springs, Texas 75482

Telephone: (903) 885-8866

Facsimile: (903) 584-1313

    9.12

 

CITY OF SULPHUR SPRINGS, TEXAS

ORDINANCE NO. 2693

 

ORDINANCE NO. 2693

AN ORDINANCE OF THE CITY OF SULPHUR SPRINGS, AMENDING

THE CITY OF SULPHUR SPRINGS ZONING ORDINANCE BY

REPLACING IN ITS ENTIRETY CHAPTER 13, ARTICLE 1 ENTITLED FOOD AND FOOD ESTABLISHMENTS, AND REPEALING ALL OTHER

ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT

HEREWITH.

 

WHEREAS, the City Council of the City of Sulphur Springs desires to safeguard public health and provide consumers food that is safe, unadulterated, and honestly

presented, and to that end seeks here to ensure that all food service providers meet minimum standards established the Texas Department of Health Services;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SULPHUR SPRINGS, TEXAS:

 

SECTION 1.

Sections 13-1 through 13-8 of Chapter 13 of the Code of Ordinances of the City of Sulphur

Springs, Texas are hereby repealed iin their entirety and replaced with Sections 13-1

through 13-8. 1as set forth below.

 

Article I. Food Handlers and Food Establishments.

Sec. 13-1. - Adoption of state rules on food service sanitation.

 

The Texas Food Establishment Rules (rules) adopted by the state department of health at 25

Tex. Admin. Code §§ 228, as amended herein, are hereby adopted as the city rules for food

service sanitation, a copy of which is attached to the ordinance from which this chapter is

derived as exhibit A and which shall be maintained together with the adoptive ordinance in a

separate file in the office of the city secretary.

 

Sec. 13-2. - Regulations, permits, and preoperational inspections.

(a) Generally.

(1) Any reference to "regulatory authority" in the mles shall mean the city by and through its authorized representative to enforce the provisions of this chapter. For purposes of this chapter, the "authorized representative" shall be the Director of Community

Development, or his authorized designee.

 

(2) If a food establishment is required to install a grease trap or grease interceptor, the trap

or interceptor shall be located outside.

 

(b) Permit required.

 

(1) It shall be unlawful for any person to operate a food establishment within the limits of the city without having been issued a valid food service establishment permit. Only a

person who complies with the requirements in this chapter shall be entitled to receive or retain a permit, and notwithstanding the fact that all inspections necessary for obtaining

a food service establishment permit have been completed, such permit shall not be issued until after the building in which the establishment is to be located has been issued a certificate of occupancy by the city. Permits are not transferable from one

person, place or entity to another person, place or entity. A valid permit shall be posted in or on a conspicuous place of every food establishment regulated by this chapter.

 

Permits shall remain in effect until the October 31st of each year unless sooner revoked for cause, or as otherwise provided herein. If the permit is granted to a temporary food

establishment, the permit shall be in effect for a period of time not exceeding 14 consecutive days in conjunction with a single event or celebration.

 

(2) A food establishment operated solely by a nonprofit organization is exempt from the permit fee requirements of this chapter but is not otherwise exempt from compliance with the rules, including the requirement that such establishment receive and retain a

permit hereunder.

 

(3) Mobile food establishments and hot trucks shall be considered food establishments and shall comply with all pertinent regulations contained herein; provided, however, the

permit required by this chapter, shall be issued for six-month periods, twice a year, commencing on November 1 and remaining in effect until April 30 and June 1 remaining in effect through October 31. Any permit issued during the first 4 months of

the year shall expire on April 30, irrespective of date of issuance. Any permit issued during the second six months of the year shall expire on December 31, irrespective of

date of issuance. There shall be no pro-ration of fees assessed after the first month of each period.

 

(4) Farmers Market vendors shall be considered food establishments and shall comply with all pertinent regulations herein, including the requirement of an annual permit.

 

(5) A food establishment operated for a temporary event (not to exceed 14 consecutive days), which is operated by or solely for the benefit of a nonprofit organization, is

exempt from the permit fee requirement. However, such food establishment is not exempt from the remaining permit requirements of this chapter, or from compliance

with the miles.

 

(c) Issuance of permits.

 

(1) Any person desiring to operate a food establishment shall make a written application for a permit on a form provided by the city. The application shall include the name and address of each applicant, the location and type of food establishment and the signature

of the applicant. An application for a temporary food establishment shall include the inclusive dates of the proposed operation and the location of the event.

 

(2) The application shall be accompanied by a nonrefundable permit fee, as set forth in the

fee schedule established annually and attached to the annual budget of the City of Sulphur Springs adopted by the City Council, as amended, on file and available for

inspection in the office of the City Secretary. The Sulphur Springs Independent School

District (SSISD) is exempt from the permit fee.

 

(d) Posting of food handler and food establishment permits.

(1) Every permit holder or person in charge shall at all times have available on the premises for inspection the food handler permits of its employees and shall at all times display in public view the food service establishment permit or mobile food establishment permit.

 

(2) A food service establishment permit that lapses for nonpayment of the annual food

establishment permit fee will be reinstated upon payment of a reinstatement fee, except

that permits lapsed for more than one month may not be reinstated.

 

Sec. 13-3. - Certified food protection manager.

 

(a) Requirements. Every food establishment that has employees whose work brings them in

contact with the handling of food, utensils, or food service equipment shall have a certified

food protection manager. The following provisions shall apply to certified food protection

managers:

 

(1) A certified food protection manager is a manager or person in charge, on duty during all

times of operation, who has completed a food protection management class from any

institution or firm of their choice accredited by the state department of health.

 

(2) Food establishments that serve, sell, or distribute only prepackaged nonpotentially hazardous food and beverages, and temporary food establishments are exempt from this

section.

 

(3) A certified food protection manager is required for each section of each food establishment. The city may require additional certified food protection managers in sufficient number to ensure that all areas of food preparation and food service, during times of operation, are under the direction of such certified supervisory personnel.

 

(4) If a food establishment does not meet the requirements for a certified food protection manager because of the termination or transfer of certified personnel, the food establishment shall employ another certified food protection manager within 45 days

after such termination or transfer, unless an extension of time is requested by the establishment and granted, in writing, by the Director of Community Development.

 

(5) Food protection management certification shall be valid for not less than three years, at which time an approved food protection recertification class must be completed.

Recertification shall be completed within 45 days after the expiration of the original certification, and every three years thereafter.

 

(b) Food service worker training. Effective all food service workers

shall successfully complete a food handlers class within 30 days of employment and be issued a card reflecting satisfactory completion. Certified food protection managers are exempt from this requirement. Food handlers' cards will be valid for not less than three

years.

 

(c) Submission and review of plans.

(1) Whenever a food establishment is constructed or extensively remodeled and whenever

an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction,

remodeling or conversion is commenced. The plans and specifications shall include a

proposed menu, proposed layout, equipment arrangement, mechanical plans, and construction materials of work areas, finish schedules and the type and model of proposed fixed equipment and facilities. No food establishment shall be constructed,

extensively remodeled, or converted except in accordance with said approved plans and specifications.

 

(2) Deviation from the approved plans and specifications shall result in a food establishment permit denial, suspension, or revocation.

 

(d) Inspections.

 

(1) The city shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this chapter and shall determine

that a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings the food establishment permit may be issued subject to annual renewal, continued compliance with the provisions of this chapter, and the existence of a valid certificate of occupancy for the

building in which the establishment is located.

 

(2) An inspection of a food service establishment shall be performed at least twice annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food bome illness.

 

(3) The Director of Community Development or his designee shall classify food establishments as high priority, medium priority, or low priority; according to the type

of operations, particular foods that are prepared, numbers of people served; susceptibility of the population served, and any other risk factor deemed relevant to the operation, including the food establishment's past record of compliance.

 

(4) Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this chapter. Fees for re-inspections shall be

established and set forth annually in the fee schedule adopted with the annual budget of the City.

 

(5) If during a routine inspection, immediate correction of a critical item is not achieved, the city shall verify correction of the violation within ten calendar days. If a critical item

is not corrected during the initial inspection, a re-inspection fee as set forth in the fee in the fee schedule adopted with the annual budget of the City, as amended, shall be

assessed at the follow up inspection. The fee schedule adopted with the annual budget of the City, as amended from time to time, shall be on file and available for inspection

in the office of the City Secretary.

 

(6) When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall immediately cease operations. The establishment shall remain

closed until corrective action on all identified critical violations is complete. Corrective action on all other violations must be initiated within 48 hours. The establishment shall remain closed until reopened by the city.

 

(7) Denial of access to city shall be cause for suspension or revocation of the food service establishment permit.

 

Sec. 13-4. - Suspension of a food service establishment permit.

 

(a) The city may, without warning, notice, or hearing suspend any permit to operate a food establishment if the holder of such permit does not comply with the requirements of this

article, or the operation of its establishment does not comply with the requirements set forth herein, or, if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice. When a permit is

suspended, food service operations shall immediately cease. Whenever a permit is suspended the holder thereof shall be afforded an opportunity for a hearing within 20 days after receipt of a written request for hearing.

 

(b) Whenever a permit is suspended, the holder thereof or the person in charge shall be notified in writing that an opportunity for a hearing shall be provided if a written request for hearing is filed with the city within ten days after receipt of notice. If no written request for a hearing

is filed within a ten-day period, the suspension is sustained. The city may terminate the suspension at any time if reasons for suspension no longer exist.

 

Sec. 13-5. - Revocation of a food permit.

 

(a) The city may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter or for interference with the regulatory authority in the performance of its duties.

 

(b) Prior to revocation, the city shall notify, in writing, the holder of the permit or the person in charge, of the specific reason for which the permit is to be revoked and that the permit shall be revoked at the end of the ten days after service of such notice unless a written request for a hearing is filed within the ten-day period. If no request for a hearing is filed within the ten day

period, the revocation of the permit becomes final.

 

(c) The holder of the revoked permit may make a written application for a new permit.

 

Sec. 13-6. - Examination and condemnation of food.

 

(a) An officer of the city shall tag, label, or otherwise identify any food subject to a hold order.

No food subject to a hold order shall be used, served, or moved from the establishment. The city's hold order shall permit storage of the food under the conditions specified in the hold

order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.

 

(b) A hold order shall state that a request for a hearing may be filed within ten days after issuance thereof and that if no hearing is requested the food shall be destroyed. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person

in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this section.

 

Sec. 13-7. - Hearings.

 

(a) The city council hereby appoints the Construction Board of Appeals as the appeals officer

for purposes of appeals taken under this chapter for denials, revocations and suspensions.

 

(b) The hearing provided for herein shall be conducted by the Construction Board of Appeals at

the time and the place designated by the director. Based upon the recorded evidence of such

hearing, the Construction Board of Appeals shall make a final finding and shall sustain,

modify, or rescind any notice or order considered in the hearing. A written report of the

hearing decision shall be furnished to the holder of the permit, license or certificate by the Director of Community Development.

 

Sec. 13-8. - Notice for hearings.

A notice provided for in this section is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.

 

Sec. 13-8.1. - Fee schedule.

 

All fees referenced herein shall be as set forth in the fee schedule adopted with the annual budget of the City, as amended, on file and available for inspection in the office of the City Secretary.

 

SECTION 2. All ordinances and parts of ordinances inconsistent with or in conflict with the provisions of this Ordinance shall be and the same are hereby expressly repealed.

 

SECTION 3. If any section, subsection, word, sentence, or phrase of this ordinance is

declared to be invalid it shall not affect the validity of this ordinance.

 

“A public hearing will be conducted for the final reading of Ordinance No. 2693, Tuesday, September 27, 2016, at the Municipal Building, at 7:00 p.m.”

 

Attest: City of Sulphur Springs Texas

Gale Roberts, City Secretary

Emily Glass, Mayor

9.11,18,25

 

 

Read more...

public notice

PUBLIC NOTICE

 

Notice to banks of the intention of Hopkins County Hospital District to select a District

depository at the regular meeting of the Board of Directors, September 26, 2016 at 6:00 PM.

 

To all banking corporations, associations or individuals banking in Hopkins County: Sealed application, addressed to Donna Geiken Wallace, Hopkins County Hospital District, P.O. Box 1460, Sulphur Springs, TX 75482 will be received on or before 9:00 AM Tuesday, September 20, 2016 for the selection of a Hospital District depository for the public funds of Hopkins County

Hospital District. Each applicant shall state the amount of paid-up capital stock and permanent surplus of the institution and shall furnish a statement showing the financial condition of same at the date of application. The application shall be accompanied by a certified check for

$172,340 in conformance with L.G.C. Chapter 116.023 (b) (2). The institution selected as Hopkins County Hospital District's depository will enter into a bond as required by law.

 

Detailed specifications can be acquired by contacting Hopkins County Hospital District at 903-439-4052.

 

Hopkins County Hospital District reserves the right to reject any and all applications. Given under my hand this 6th day of September, 2016.

 

Donna Geiken Wallace, 

District Executive Officer

Hopkins County Hospital District

9.7,14,21

 

NOTICE OF PUBLIC SALE

Pursuant to Chapter 59, Texas Property Code, Northside Self Storage which is located at Sulphur Springs, TX 75482 will hold a public auction of property being sold to satisfy a landlord’s lien. Sale will be at 10 a.m. on September 21, 2016 at Northside Self Storage, Sulphur Springs, TX 75482. Property will be sold to highest bidder for cash. Deposit for removal and cleanup may be temporarily required. Seller reserves right to not accept any bid and to withdraw property from sale. Property in each space may be sold item-by-item, in batches, or by the space. Property being sold includes contents in spaces of following tenants, with brief description of contents in each space. Lucinda Perez, box of personal belongings, Dinky Weeks, misc. household goods. 

9:8,15

 

Notice of Intent to Contract for the Installment Purchase of School Facilities

Upon the expiration of Sixty (60)  days from the initial publication of this notice, Sulphur Springs ISD intends to enter into an installment purchase agreement with the City of Sulphur Springs, Texas to acquire a Technology Center. The purchase amount of $1,248,693.90 may be paid for in five equal installments of $249,738.78

.                           .

 9.08                

 

PUBLIC NOTICE

 

 The Hopkins County Commissioners Court will accept sealed bids until 9:00 A.M. Thursday, September 15, 2016 in the County Judge’s office for the Purchase of Road Materials, Road Oils and Culverts for Hopkins County. 

 

Specifications are available from: 

Hopkins County Auditor

P.O. Box 288 

Sulphur Springs, Texas 75483

903-438-4010

 

Bidder may use lump-sum or unit pricing as designated in the specifications. No money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the County. Bids will be presented to Commissioners Court Monday, 9:00 A.M. September 26, 2016 located on the first floor of the County Courthouse. 

Shannah Walker 

County Auditor 

Hopkins County, Texas

 

9.2,10,11

 

PUBLIC NOTICE

 

VEHICLES STORED AT OUR FACILITY:

0000636VSF

TOMMY EVANS FIRESTONE

1230 Shannon Road

Sulphur Springs, TX 75482

(903) 885-6141

This facility has obtained a black and yellow 2000 Harley FLH. The total charges against the vehicle up to date herein 8/31/2016 is $1,282,50. A storage fee of $20.00 plus tax will continue to be added per day (24 hr. period)  everyday until property owner provides the appropriate documents to claim this vehicle.

 

Please contact us at phone number above if you have any questions. 

9.1,2

        1:4

 

Read more...

public notice

GRANT SERVICES PUBLIC NOTICE

 

The City of Sulphur Springs intends to submit an application to the Texas Department of Agriculture Office of Rural Affairs (TDA) under the 2017-2018 Community Development Fund for public infrastructure improvements. Accordingly, the City of Sulphur Springs is seeking to contract with a qualified Professional Administrator or Service Provider (individual/firm) to assist with the application and administer the contract if awarded. Please submit 3 copies of your proposal of services and a statement of qualifications for the proposed services to City of Sulphur Springs, Attn: Jody Price, 125 South Davis, Sulphur Springs Tx 75482.  Proposals shall be received by the City of Sulphur Springs no later than 10:00 am on September 13th to be considered. The City of Sulphur Springs reserves the right to negotiate with any and all individuals or firms that submit proposals, as per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards.  Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.  The City of Sulphur Springs is an Affirmative Action/Equal Opportunity Employer.  Servicios de traducción están disponibles por peticion. 

8.29, 9.6

 

PUBLIC NOTICE

 

GRACON CONSTRUCTION, INC.  Is soliciting historically disadvantaged, minority and female businesses to bid on: SULPHUR SPRINGS WWTP IMPROVEMENTS, TWDB PROJECT NO. 73725, BID DATE: 9/21/16, BID TIME: 2:00PM CST.   Gracon Construction, Inc. is an Affirmative Action Employer. 

 

A. Any loan award is contingent upon release of funds from the Texas Water Development Board (TWDB). 

B. This contract is subject to the Environmental Protection Agency's (EPA) "fair share policy", which includes EPA-approved "fair share goals" for Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) firms in the Construction, Supplies, Equipment, and Services procurement categories. EPA's policy requires that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to Minority Business Enterprise and Women-Owned Business Enterprise firms. Although EPA's policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps. The current fair share goals for the State of Texas are as follows: CATEGORY MBE: CONSTRUCTION – 12.94%, EQUIPMENT – 7.12%, SERVICES – 10.84%, SUPPLIES – 9.68%. CATEGORY WBE: CONSTRUCTION – 8.72%, EQUIPMENT – 5.39%, SERVICES – 5.72%, SUPPLIES – 9.34% 

C. This project is also requiring American Iron and Steel and Davis Bacon Wages.

You may find the plans and specifications for your review at Garver Engineers in Frisco, the city of Sulphur Springs or http://www.gracon.biz/job-data.html .

If you are interested and have questions, please contact us at this office at 972-222-8533 as soon as possible.

 

CITY OF SULPHUR SPRINGS

REQUEST FOR STATEMENTS OF QUALIFICATIONS FOR

 

Planning Consultant for Comprehensive Master Plan The City of Sulphur Springs, Texas is requesting Statements of Qualifications from planning consulting firms qualified and experienced in the preparation of comprehensive master plans for municipalities.

This RFQ will be to select a planning consultant to assist the city conduct the preparation of the Comprehensive Master Plan for the City of Sulphur Springs, Texas. To obtain a copy of the complete RFQ please contact Jody

Price at the City of Sulphur Springs Purchasing Office at (903)885-7541. Familiarity with the City of Sulphur Springs and it's planning issues is a critical component of grading the qualifications along with experience,

capability, and capacity. The RFQ has the complete grading matrix and

the weight given each of those critical decision components.

Interested Proposers should submit their Statement of Qualifications no

later than Tuesday, August 30, 2016 at 10:00 a.m. to Jody Price, City of Sulphur Springs, 125 S. Davis St., Sulphur Springs, Texas 75482. DBEs are encouraged to submit proposals.

8.14,21

 

CITY OF SULPHUR SPRINGS

NOTICE TO CONTRACTORS

 

"The City of Sulphur Springs is now accepting bids for:

Roofing Replacement for the City of Sulphur Springs' Library Facility

Sealed bids are due on or before 10:00 a.m. on Tuesday, August 30, 2016 at the Purchasing Office, Attention: Jodi Price, 125 S. Davis St., Sulphur Springs, Texas 75482. copies of the specifications are available at the Purchasing Office of the City of Sulphur Springs, 125 S. Davis St., Sulphur Springs, Texas: contact Jodi Price at (903) 885-7541.  Bids will be opened and read aloud at 10:15 a.m. on Tuesday, August 30, at City Hall, 201 N. Davis St., Sulphur Springs, Texas.

 

The scope of work for this project includes replacement of membrane and metal roofing systems, roof carpentry as required, poly iso insulation, flashings, copies, gutters and downspouts and associated metal trim. The existing membrane roof is a modified bituminous system. The City is only requesting proposals for modified bituminous and Thermoplastic Polyolefin (TPO) systems.  Only one membrane roof solution will be selected. The same metal roofing panel shall be used for the hip roof and curved roof. The color for metal roof panels, exposed flashings, trim, gutters and downspouts shall match the original color as close as possible. This call for bids asks for bids on replacing the metal roofing as a separate price from the rest of the roof project.  The bid on the metal roofing panels shall be considered as  an "add alternate". The City reserves the right to compare and select the winning bid with or without the "add alternate". Pricing options are designed to allow for unforeseen conditions or quantities of material not easily defined. Membrane roofs shall have service walkways for mechanical equipment. Membrane roofs shall have a 20 year NDL Manufacture's Warranty.

The City reserves the right to reject any and all bids and to waive informalities in bidding. In case of lack of clarity in stating prices, the City reserves the right to consider the most advantageous bid thereof, and reject any or all bids. Qualified DBE firms are encouraged to submit bids.”

8.14,21 

Project No. 14088530 1 Section 00 11 00

Sulphur Springs WWTP Improvements Advertisement for Bids

CITY OF SULPHUR SPRINGS

Sulphur Springs, Texas

SULPHUR SPRINGS WWTP IMPROVEMENTS

TWDB Project No. 73725

ADVERTISEMENT FOR BIDS

NOTICE OF INTENTION TO ISSUE

 

Sealed bids for SULPHUR SPRINGS WWTP IMPROVEMENTS, to be constructed for CITY OF SULPHUR SPRINGS will be received at a mailing address of 125 S. Davis Street, Sulphur Springs, TX 75482, or at the office of the CITY OF SULPHUR SPRINGS at 201 N. Davis Street, Sulphur Springs, TX 75482, until 2:00 pm on Wednesday, September 21, 2016, at which time the bids from pre-qualified

bidders shall be publicly opened and read aloud.

 

A mandatory Pre-Bid Conference will be held at 10:00 am on Tuesday, August 30, 2016 at the Sulphur Springs WWTP, 360 Thomas Rd, Sulphur Springs, TX 75482, followed by a tour at the same plant located at 360 Thomas Rd, Sulphur Springs, TX 75482. Pre-Bid Conference attendance is mandatory for pre-qualified bidders on this project. Each bidder shall be limited to three personnel per organization. Bids shall not be accepted from pre-qualified bidders that do not attend the Pre-Bid Conference.

 

The Project consists of constructing a new headworks and grit processing facility, primary splitting structure, aeration basin rehabilitation and additional volume including a new blower facility, a new electrical building with electrical distribution and standby power generation, and a new final clarifier complex with sludge pumping and secondary effluent pumping facilities. The project includes demolition, new facilities, and facility enhancement throughout the plant. The project includes an associated array of

piping enhancements and civil/yard enhancements, together with electrical, instrumentation, and control enhancements to develop a complete and functional facility.

Bids will be received for a single prime contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form.

 

Digital copies of the bid documents are available at www.GarverUSA.com for a fee of $100. These documents may be downloaded by selecting this project from the “Plan Room” link, and by entering Quest

Project Number 4635646 on the “Browse Projects” page. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Documents can be examined at

Garver, 3010 Gaylord Parkway, Suite 90, Frisco, TX 75034, or at the CITY OF SULPHUR SPRINGS, 201 N. Davis Street, Sulphur Springs, TX 75482. Addendums to the bid package will be issued through the Garver online Plan Holders List; therefore, all prime bidders shall be responsible for downloading the bid documents from the Garver online plan room in order to be included in the Plan Holders List. Bidders must enter the addenda numbers in Article 3.01 of the Bid Form to verify receipt.

 

Pre-qualification of Bidders is required. Pre-qualified Bidders have been required to complete Document 00 11 53, Contractor’s Pre-qualification Package. Pre-qualified bidders have already received notice by the Owner. Due to the specialized nature of the construction, only those Bids submitted by pre-qualified

Bidders already determined by the Owner to be qualified will be considered. Bids received from Bidders who are not pre-qualified will be returned.

 

Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60. The requirements for bidders and

contractors under this order are explained in the specifications.

 

This project is subject to the American Iron and Steel (AIS) requirements of P.L. 113-76 Consolidated Appropriations Act, 2014. All iron and steel products for construction, alteration, maintenance, or repairs incorporated in these plans must be produced in the United States.

 

Project No. 14088530 2 Section 00 11 00

Sulphur Springs WWTP Improvements Advertisement for Bids System for Award Management (SAM) registration is required for all SRF programs (CWSRF and DWSRF) applicants and Awardees (Entities, Prime Contractors, Subcontractors, Vendors) in order to be awarded contracts by the SRF Programs. SAM replaces Central Contractor Registration/Federal Agency Registration, Online Representations and Certifications Application, and Excluded Parties List System.

Applicants and awardees are required to complete a one-time free registration to provide basic information relevant to procurement and financial transactions. Registrants must retain an active status to be eligible for SRF projects. New Applicants and Awardees can go to SAM.gov to complete the registration process.

 

Davis Bacon Act wage rules shall apply. All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government shall be paid wages at rates not less than those prevailing on projects of a character similar

in the locality as determined by the Secretary of Labor in accordance with subchapter IV of Chapter 31 of Title 40, United States Code. The Department of Labor provides all pertinent information related to compliance with labor standards, including prevailing wage rates and instructions for reporting. For more

information please refer to www.wdol.gov.

 

Proposals and affidavits must be made on bidder’s proposal form only, and filed in a sealed envelope. Each envelope shall bear a legible notation thereon that this is a bid upon the project advertised. The copy shall be filed with the City of Sulphur Springs, 201 N. Davis Street, Sulphur Springs, TX 75482. All proposals shall be either typewritten or written in ink.

 

Bids shall be accompanied by a cashier’s or certified check upon a national or state bank in an amount of five percent (5%) of the total maximum bid price payable without recourse to the Owner, or a bid bond in the same amount from a reliable surety company, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds within fifteen (15) days after notice of award of Contract to him. Such bid guarantee shall be made payable to CITY OF SULPHUR SPRINGS.

 

The successful bidder must furnish a performance, payment, and maintenance bond upon the form provided in the amount of one hundred per cent (100%) of the contract price from an approved surety company holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable

to the Owner.

 

Bids must remain in effect for 60 days after the bid opening date. Within 60 days from the bid date, the Owner may award the contract to the lowest responsive, responsible bidder or reject any or all bids for the project.

 

The contract is contingent upon release of funds from the Texas Water Development Board.

Any contract or contracts awarded under this invitation for Bids are expected to be funded in part by a loan from the Texas Water Development Board, and shall be referred to as Project 73725. Neither the State of Texas nor any of its departments, agencies, or employees is or will be a party to this invitation for Bids or any resulting contract.

 

The CITY OF SULPHUR SPRINGS reserves the right to reject any or all bids, to waive irregularities in the bids and bidding deemed to be in the best interests of the CITY OF SULPHUR SPRINGS, and to reject

nonconforming, non-responsive, or conditional bids.

 

Owner: CITY OF SULPHUR SPRINGS

By: Robert Lee

Title: Utilities Director

 

8.15,22

 

GRANT SERVICES PUBLIC NOTICE

 

The City of Sulphur Springs intends to submit an application to the Texas Department of Agriculture Office of Rural Affairs (TDA) under the 2017-2018 Community Development Fund for public infrastructure improvements. Accordingly, the City of Sulphur Springs is seeking to contract with a qualified Professional Administrator or Service Provider (individual/firm) to assist with the application and administer the contract if awarded. Please submit 3 copies of your proposal of services and a statement of qualifications for the proposed services to City of Sulphur Springs, Attn: Jody Price, 125 South Davis, Sulphur Springs Tx 75482.  Proposals shall be received by the City of Sulphur Springs no later than 10:00 am on September 13th to be considered. The City of Sulphur Springs reserves the right to negotiate with any and all individuals or firms that submit proposals, as per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards.  Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.  The City of Sulphur Springs is an Affirmative Action/Equal Opportunity Employer.  Servicios de traducción están disponibles por peticion. 

8.29, 9.6

 

A tax rate of $0.627392 per $100 valuation has been proposed for adoption by the governing body of County of Hopkins. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate.

The governing body of HOPKINS COUNTY  proposed to use revenue attributable to the 1.3% increase in value for purpose of Hopkins County Taxes for 2016. The Tax Rate will remain the same as the rate for the 2015 taxes.

 

PROPOSED TAX RATE $0.627392 per $100

PRECEDING YEAR'S TAX RATE $0.627392 per $100

EFFECTIVE TAX RATE $0.614256 per $100

ROLLBACK TAX RATE $0.668231 per $100

 

The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for County of Hopkins from the same properties in both the 2015 tax year and the 2016 tax year.

The rollback tax rate is the highest tax rate that County of Hopkins may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate.

 

YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS

FOLLOWS:

property tax amount= (rate) x (taxable value of your property)/100

For assistance or detailed information about tax calculations, please contact:

Debbie Pogue Jenkins

County of Hopkins tax assessor-collector

128 Jefferson St., Ste. D Sulphur Springs, TX 75482

903-438-4063

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

hopkinscountytx.org

 

You are urged to attend and express your views at the following public hearings on the proposed tax rate:

First Hearing: August 29, 2016 at 8:30 at Hopkins County Commissioner’s Court Room, Hopkins County Court House 118 Church St. Sulphur Springs, TX 75482.

 

Second Hearing: September 6, 2016 at 8:30 at Hopkins County Commissioners Court Room, Hopkins County Court House 118 Church St. Sulphur Springs, TX 75482.

 

NOTICE OF PUBLIC SALE

 

Property is being sold to satisfy a landlord’s lien. Sale Will be Friday Sept 2 at 10:am at 275 Hillcrest DR. S, Sulphur Springs Texas. Property Will be sold to the Highest bidder for cash . Clean up and removal deposit is required. Seller reserves the right to withdraw property from the sale. Property includes contents of units of the following tenants: Dawn Strawn-Misc. ; Kayleigh Mills- Bed & Misc. ; Aba Dugan – Misc .; Jr Chester- Furniture & Misc .; Jeff Sherwood- Misc.

Landmark Storage

903-885-0033 

8.26, 28

 

PUBLIC NOTICE

 

In accordance with Local Government Code Sec. 111.006 and 111.0075 notice is hereby given of a public hearing on

the Hopkins County proposed budget to be held on, Monday, September 12,2016. This budget will raise more total property taxes than last year's budget by $144,619 or

1.3%, and of that amount $15,245 is tax revenue from new property added to the tax roll this year. The hearing will be

at 9:00 a.m. in the Commissioner's Courtroom, 1st Floor Hopkins County Courthouse, 118 Church, Sulphur Springs,

TX. The proposed budget is on file for public inspection on the Hopkins County web site www.hopkinscountytx.org

and in the County Clerk's office located at 128 Jefferson, Suite C, Sulphur Springs, Texas.

8.24

 

PUBLIC NOTICE

Division of Career and Technology Education 

(Public Notification in Career and Technology Education Programs) 

1. Saltillo ISD offers career and technology educations programs in Agriscience, Home Economics, and Business Education. Admission to these programs is based on student interest and grade level. 

2. It is the policy of Saltillo ISD not to discriminate on the basis of race, color, national origin, sex or handicap in its vocational programs, services or activities as required by the Title VI of the Civic Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.

3. It is the policy of Saltillo ISD not to discriminate on the basis of race, color, national origin, sex or handicap in its employment practices as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; and Section 504 of the Rehabilitation Act pf 1973, as amended. 

4. Saltillo ISD will take steps that assure that lack of English language skills will not be a barrier to admission and participation in all educational and vocational programs. 

5. For information about your rights or grievance procedures, contact the Title IX Coordinator, Paul Jones, at PO Box 269, Saltillo, Texas 75478, 903-537-2386, and/or the Section 504 Coordinator, David Stickels at PO Box 269 Saltillo, Texas 75478, 903-537-2386.

 

FORMA DE MUESTRA

1. Saltillo ISD ofrece programas vocacionales en Agriscience, Home Economics y Business Education. La admision a estos programas se basa en Saltillo ISD, y edad y interest en los estudiantes. 

2. Es norma de Saltillo ISD no discriminar por motivos de raza, color, origen national, sexo o impedimento, en sus programas, servicios o activades vocacionales, tal como lo requieren el Titulo VI de la Ley de Deprechos Civiles de 1964, segun enmienda; el Titulo IX de las Emmiendas en la Educacion, de 1972, y la Seccion 504 de la Ley de Rehabilitacion de 1973, segun enmienda. 

3. Es Norma de Saltillo ISD no descriminar por motivos de raza, color, origen national, sexo, impedimento o edad, en sus procedimientos de empleo, tal como lo requieren el Titula VI de laLey de Derechos Civiles de 1964, segun enmienda, segun enmienda; el Titulo IX las Enmiendas en la Edicacion, de 1972, la ley de Discriminacion por Edad, de 1975, segun emnmienda, y laSeccion 504 dela Ley de Rehabilitacion de 1973, segun enmienda. 

4. Saltillo ISD tomara las medidas necesaries para asegurar que la falta de habilidad en el uso de la lengua ingles no sea un obstaculo para la admision y

participacion en todos los programas educativos y vocacionales. 

5. Para informacion sobre sus derechos o procedimientos para quejas, comuniquese con el Coordinador del Titulo IX,Paul Jones, en PO Box 269, Saltillo, Texas 75478, 903-537-2386, y/o el coordinador de la Seccion 504, David Stickels, en PO Box 269, Saltillo, Texas 75478, 903-537-2386.

8.23 

 

PUBLIC NOTICE

 

In accordance with Local Government Code Sec. 111.006 and 111.0075 notice is hereby given of a public hearing on

the Hopkins County proposed budget to be held on, Monday, September 12,2016. This budget will raise more total property taxes than last year's budget by $144,619 or

1.3%, and of that amount $15,245 is tax revenue from new property added to the tax roll this year. The hearing will be

at 9:00 a.m. in the Commissioner's Courtroom, 1st Floor Hopkins County Courthouse, 118 Church, Sulphur Springs,

TX. The proposed budget is on file for public inspection on the Hopkins County web site www.hopkinscountytx.org

and in the County Clerk's office located at 128 Jefferson, Suite C, Sulphur Springs, Texas.

8.24

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