HomeMy WebLinkAbout1989-05-09 - Special City Council MINUTES OF SPECIAL MEETING
City of Stephenville - City Council
TUESDAY, MAY 9, 1989 - 5:30 P.M.
The City Council of the City of Stephenville, Texas, convened in special session
on May 9, 1989 at 7:00 p.m. in the Council Chambers of City Hall , 354 N. Belknap,
with the meeting being open to the public and notice of said meeting, giving the
date, time, place and subject thereof, having been posted as prescribed by
Article 6252-17, Section 3A, V.T.C.S. , with the following members present, to
wit:
Mayor: George Swearingen
Mayor Pro Tem: Allen Horne
Councilmembers: Bob Self
Helen Martin
Vicki L. Truss
Maxine Dameron
James L. McSwain
Jim Bostic
Joel M. Hillin
Absent: None
Others Attending:
Kurt Ackermann City Administrator
Joyce Pemberton City Secretary
Charlene Young Director of Finance
Joseph Chandler City Attorney
Randy Thomas Assistant City Attorney
Mayor George Swearingen called the meeting to order and declared a quorum pre-
sent.
89-05-113: CANVASSING OF THE ELECTION RETURNS AND DECLARING THE RESULTS OF THE
CITY GENERAL ELECTION HELD ON MAY 6, 1989 FOR THE ELECTION OF FOUR
COUNCILMEMBERS AND FOURTEEN AMENDMENTS TO THE CITY CHARTER.
Mayor George Swearingen appointed Councilmember Helen Martin, chair-
person, Vicki Truss and Jim Bostic as the Canvassing Committee to
canvass the election returns of the May 6th City General Election.
Chairperson Helen Martin reported the results of the election as
follows:
PLACE 1
Bob Self 1169
Kenneth Currier 865
PLACE 3
Barbara Schmidt 813
Ray Reynolds 993
W. G."Bill " Brede 228
PLACE 5
David C. Gay 943
James L. McSwain 1063
PLACE 7
Allen Horne 1115
A. H. "Ace" Keever 868
Councilmember Joel Hillin made the motion, seconded by Councilmember
Maxine Dameron, to pass and approve A RESOLUTION AND ORDER CANVASSING
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THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION.
The motion carried UNANIMOUSLY.
Charter amendment election returns are accepted and filed by the City
Council and the results thereof are hereby declared to be that all
amendments received a majority of the votes except proposed amendment
No. 3. No further action shall be taken on these amendments until
the court has made its final detemination of suit No. 89-04-19126-CV
pending in the 266th District Court of Erath County, Texas.
Joyce Pemberton, City Secretary, administered the Oath of Office to
the elected councilmembers Bob Self, Ray Reynolds, James L. McSwain
and Allen Horne and issued the Certificates of Election. The newly
elected councilmembers then took their seats on the Council .
89-05-115: CONSIDER A RESOLUTION ADOPTING AN EXEMPTION FOR DISABLED PERSONS AS
PROVIDED BY THE TEXAS PROPERTY TAX CODE CONSTITUTION, ARTICLE 8,
SECTION lb b .
Councilmember Vicki Truss explained the chart sent out in the packets
regarding the effect of the disabled exemption from $3,000 to $10,000.
She said she is asking for Council input as to the amount of exemption,
if the Council does desire to adopt an exemption for disabled persons.
After discussion, Councilmember Vicki Truss made the motion, seconded
by Councilmember Jim McSwain, to pass and adopt a Resolution setting
the dollar value at $10,000.00 as homestead tax exemption for
disabled persons. The motion carried UNANIMOUSLY.
RESOLUTION
WHEREAS, the Texas Property Tax Code Constitution, Article 8, Section
lb(b) , allows for a disabled persons exemption for City
homeowners; and
WHEREAS, the City Council of the City of Stephenville, Texas recogni-
zes the effect that property taxes may have on many disabled
citizens; and
WHEREAS, a disabled persons exemption would help to mitigate the
effect of property taxes on these citizens; and
BE IT THEREFORE RESOLVED, by the City Council of the City of
Stephenville, Texas in a meeting duly assembled and by the
authority thereof, passes the disabled persons exemption in
the amount of $10,000.00.
PASSED AND ADOPTED this 9th day of May, 1989.
89-05-116: STUDY AND REVIEW OF THE CITY COUNCIL RULES & PROCEDURES.
Councilmember Helen Martin explained she had asked for this to be an
agenda item as it was not known how many would be new to the Council .
She said she felt it was important that all of the Council review the
Rules and Procedures at one time so that all would be familiar with
them.
Mrs. Martin said there were some items she felt needed discussion
even though most all members of the Council were familliar with them.
a. Right of Floor, page 2: "Any member desiring to speak shall be
recognized by the Chair, and shall confine his/her remarks to one
subject under consideration or to be considered. " The Council
needs to remember to let every one have their full say without
interuption.
b. The City Attorney, page 2: "The City Attorney shall attend all
meetings uless excused and shall , upon request give an opinion,
either written or oral , on questions of the law. The City Attorney
shall act as the Council ' s parliamentarian." When questions arise
the Council should remember to refer to the City Attorney as the
parliamentarian.
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c. Committee Meetings and Reports, page 3: The amendments of 02/07/89
should be inserted.
d. Preservation of Order, page 4: "The Chairman shall preserve order
and decorum, prevent attacks on personalities or the impugning of
members' motives, and confine members in debate to the question
under discussion." This goes back to the point of sticking with
the subject of discussion.
e. Questions to be Stated, page 4: "The Chairman shall state all
questions submitted for a vote and announce the result. A roll
call vote shall be taken upon the request of any member, in the
manner provided in Section 6.7 of these rules. Before taking a
final vote the Mayor shall ask for discussion on the motion."
Sometimes there is a lot of discussion before a motion is made
which is well and good, but after a motion is made the Mayor
should ask if there is more discussion before the vote is actually
taken.
f. Majority Vote Required, page 6: As the Mayor has a vote on any
proposition and the privilege of breaking a tie vote. There is
no way of knowing whether or not it will be tied. It would appear
that the Mayor should vote last in case it is a tie vote which he
would the vote the break.
g. When persons are addressing the Council they should give their
names and addresses for the record.
h. Placing Items on the Agenda, page 5: "Any member of the City
Council or general public may request items be placed on the
agenda by submitting such items to the City Administrator in
writing at least one week prior to the council meeting at which
such item would be considered." Councilmembers who wish to have
items on the agenda should submit such items in writing as it
makes it much easier on the staff level so that staff does not
inadvertently omit an item from the agenda.
89-05-117: Councilmember Bob Self explained that the deadline for getting an
advertisement in the Town & City magazine for the position of City
Administrator is June 15, 1989. There is not sufficient time to
call another meeting or set up a search committee, etc. We need an
informal consent to place said ad in order for it to appear in the
June edition.
It was the consensus of the Council to place said ad in the TML maga-
zine Town & City.
89-05-118: Mayor George Swearingen announced the need of a committee to meet
with Freese & Nichols, Inc. regarding the Wastewater Treatment Plant
Evaluation Report.
Councilmember Bob Self said he had received a couple of phone calls
from individuals expressing concern that the Council had given Freese
and Nichols, Inc. a "blank check" for the disign and construction on
the wastewater treatment plant. That is not the case. They were
authorized to bring to the Council a scope of work or proposal out-
ling what things they would do and what their engineering fees would
be and a much better estimate of the costs than what was presented
in evaluation study presented at the last meeting. In addition to
the proposal from Freese & Nichols, Willis Engineering also presented
a proposal . At that time a vote was taken to proceed with Freese &
Nichols for several reasons. It is a very exhaustive study and it
should be noted that in order to have a design and permit application
to the Water Commission for review and approval by September 1, 1989
action needs to be taken by June 1, 1989 to get an engineering firm
on board to do a study of the needs and the scope of work and the
costs, etc. It would take another firm at least six months to do the
same study. Freese & Nichols will be down next week to give a rough
draft of the study and a full report at the June regular meeting.
It seems there have been some misunderstandings on the Council and
with the public also as to what was authorized at the last meeting.
Mayor Swearingen asked if we were too pressed for time to consider
hiring another engineering firm to do another study at an approximate
cost of $20,000 to $25,000 when several million dollars are involved?
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Councilmember Bob Self said the schedule of events was very tight
and he did not know if there was sufficient time or not.
Councilmember Joel Hillin commented that he felt when bids were taken
this would be a checkpoint on Freese & Nichols and any items out of
line would be caught by the firms bidding.
Director of Public Works Danny Johnson commented that Freese &
Nichols had estimated high and he felt when the bids came in they
would be somewhat lower than the estimates. The cost of the project
is set on a fee basis which is competitive among all engineering
firms.
There being no other business to come before the Council , Mayor Swearingen
adjourned the meeting at 6:45 p.m.
AyTT: eor wear ngen, Mayor
r
yce P mberton, City Secretary
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