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HomeMy WebLinkAbout1999-04-06 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, APRIL 6,1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on April 6, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Council members Others Attending I. CALL TO ORDER John Moser Jerry B. Madkins Barbara Terrell (tardy) Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Bill Stanley Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney The meeting of the Stephenville City Council was called to order at 5:30 p.m. on Tuesday, March 2, 1999 by Mayor John Moser. Mayor Moser declared a quorum present. II. CITIZENS' GENERAL DISCUSSION Betty Heath brought pieces of scrap metal which she had picked up out of the street gutters on her daily power walks. She again urged the council to consider purchasing a street sweeper. General Business Meeting — April 6, 1999 Stephenville City Council gg HI. AIRPORT ADVISORY BOARD REPORT Mike Waters, Chairman of the Airport Advisory Board, reported that this board is recommending the following: 1. The pavement construction and electrical construction bids as recommended by TxDOT. 2. The Airport Manager Employment Agreement with C &F Aviation, Inc. 3. To waive the rental fees for two months for all current hanger users during the construction period. A. Award Construction Bids MOTION by Rusty Jergins, second by Jerry Madkins, to award the bid for pavement construction, in the amount of $1,246,143.77, to Jay Mills Construction. Motion carried by unanimous approval. MOTION by Marshall Shelton, second by K. H. Conatser, to award the bid for electrical construction, in the amount of $146,474.36, to Roy Willis Electric Co. Motion carried by unanimous approval. B. Airport Project Participation Agreement MOTION by Bea Marin, second by Joel Hillin, to authorize the mayor to execute the Airport Project Participation Agreement with Texas Department of Transportation. Motion carried by unanimous approval. C. Airport Manager Agreement MOTION by K. H. Conatser, second by Bill Stanley, to authorize the mayor to execute the Airport Manager Employment Agreement with C & F Aviation, Inc. Motion carried by unanimous approval. D. Hangar Rentals MOTION by K. H. Conatser, second by Marshall Shelton, to waive the rental fees for two months for all current hangar users during the construction period. IV. PARK AND RECREATION ADVISORY BOARD REPORT —Plans and Specifications for City Park Improvements, Phase I Steve Gunn, Chairman of the Park and Recreation Advisory Board, made his report. He first thanked the members of the board as follows: General Business Meeting— April 6, 1999 Stephenville City Council 185 Charter members: Annette Bradberry, Connie Birdsong, Bee Bentley, Harold Campbell, Sam Taylor, and Steve Gunn. Other members now serving: Caryl Chilton and Mark Murphy. Gunn explained that the board has made three revisions to the plans and specifications as follows: Stabilize the banks around the footbridge; Scale down the amphitheater electrical plan; and Add a second weir as an alternate bid item. MOTION by Bea Marin, second by K. H. Conatser, to approve the plans and specifications for the City Park Improvement Project, Phase I, pending final approval by the Texas Parks and Wildlife Department, and authorize staff to seek bids for the project. Motion carried by unanimous approval. V. PLANNING AND ZONING COMMISSION — Preliminary Plat and Final Plat of Stephenville Independent School District Subdivision MOTION by Bea Marin, second by Joel Hillin, to approve the preliminary plat and final plat of the Stephenville Independent School District Subdivision. Motion carried by unanimous approval. VI. WATER PLANNING COMMITTEE REPORT A. Strategy for Water Management Plan Council member Terrell reported that this committee, along with staff, discussed landscape - watering habits of the citizens and the need to educate the public on landscape water use. Joe Pope, Erath County Agent, and Cissy Bramlett, manager of a local nursery, shared their thoughts and ideas on proper watering methods. Staff will bring back to the committee some specific recommendations on a revised water management plan. B. Update on EPA Mandate Programs 1. Risk Management 2. Cross Connection Control Program 3. Consumer Confidence Report The committee was informed on the latest mandated programs by EPA and TNRCC. General Business Meeting— April 6, 1999 Stephenville City Council 186 VII. PERSONNEL COMMITTEE REPORT A. Employee Handbook Jerry Madkins, Chairman of the Personnel Committee, reported that the recommending changes in the Employee Handbook relate to the drug and alcohol policy, sick leave, and separation policy. MOTION by Jerry Madkins, second by Joel Hillin to approve the changes to the Employee Handbook. Motion carried by unanimous approval. B. Volunteer Appreciation MOTION by Jerry Madkins, second by Marshall Shelton, to develop certificates of appreciation on an annual basis to these volunteers. Motion carried by unanimous approval. C. Complaint Procedure and Customer Service Evaluation MOTION by Jerry Madkins, second by Bill Stanley, to approve the attached complaint forms and to place suggestion/comment boxes and forms at various locations in city departments. Motion carried by unanimous approval. D. Employee Survey Madkins reported that the committee wants to continue to consider some of the priorities included in the employee surveys and review them at the 1999 -2000 budget workshops. VIII. PUBLIC HEALTH AND SAFETY COMMITTEE A. Erath County Humane Society Contract Chairperson Bea Maria reported that the Erath County Humane Society had requested that the city and the county split the cost of health insurance for its sole employee. The Public Health and Safety Committee is recommending that the city's contribution to the Humane Society be increased and the additional amount be paid to the employee as reimbursement for the cost of health insurance. MOTION by Bea Marin, second by Jerry Madkins, to increase the city's contribution to the Erath County Humane Society by $1,000.00 per year to help pay for the employee's health insurance. Motion carried by unanimous approval. General Business Meeting— April 6, 1999 Stephenville City Council 1Rr B. Truck Route Ordinance MOTION by Bea Marin, second by Rusty Jergins, to approve Ordinance No. 1999 -6, which amends the prior ordinance by adding a portion of Frey Street as a truck delivery route and removing Washington Street as a truck route. Motion carried by unanimous approval. IX. PLANNING AND DEVELOPMENT COMMITTEE REPORT A. Location of Sewer Line in Brittain Circle Chairman Rusty Jergins gave this report and asked that Sanford LaRue of Schrickel, Rollins and Associates, Inc. make his presentation on this item. LaRue explained that determination must be made for the location of the sewer line— either within the street right of way or in an easement behind the houses. He said there are advantages and disadvantages with both proposals. If the sewer lines are placed in the easement, some property owners will have to relocate their fences, out buildings, and other structures. However, this proposal would be cheaper on the homeowners in that most of the septic systems are situated in the backyards. Locating the sewer line in the street right of way will require the street to be reconstructed. However, locating the mains in the street will only require two collection mains as opposed to three if the lines are located in the easements. Joe Carlisle, who lives at 190 Brittain Circle, expressed his desire to have the sewer line placed in the easement rather than in the street right of way. J. B. Wilson, who lives at 141 Brittain Circle, said that he favors placing the sewer line in the street right of way, and hopefully to have the entire street reconstructed. MOTION by Rusty Jergins, second by Bea Marin, to locate the sewer line in the Brittain Circle street right of way. Motion carried by the following vote: Ayes: Council members Marin, Jergins, Conatser, Stanley, Hillin, Terrell, and Madkins. Noes: Council member Shelton. B. Employ Schrickel, Rollins and Associates, Inc. to Design Irrigation and Landscaping within West Side Development Project MOTION by Rusty Jergins, second by Barbara Terrell, to employ Schrickel, Rollins and Associates to design the irrigation and landscaping within the West Side Development Project, to be done as a base project with two alternates —one to provide irrigation for the entire landscaping, not just the trees, and the second for General Business Meeting— April 6, 1999 Stephenville City Council pp gg decorative pavers at the radiuses of the medians. Motion carried by the following vote: Ayes: Council members Madkins, Terrell, Hillin, Stanley, Jergins, and Mann. Noes: Council members Shelton and Conatser. X. CONSIDER RECONSTRUCTING BRITTAIN CIRCLE MOTION by Bea Marin, second by Rusty Jergins, to add Brittain Circle to the city's reconstruction program for the spring/summer of 1999. Motion carried by the following vote: Ayes: Council members Madkins, Terrell, Hillin, Stanley, Conatser, Jergins, and Mann. Noes: Council member Shelton. XI. CONSIDER LEASE AGREEMENT WITH FRIENDSHIP HOMES, INC. MOTION by Bill Stanley, second by Rusty Jergins, to terminate the contract with Rockin'A Homes and authorize the mayor to execute a new contract with Friendship Homes, Inc. Motion carried by unanimous approval. XII. RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO ACT AS EXECUTIVE OFFICER REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT, AUTHORIZING SUBMISSION OF THE GRANT, AND COMMITTING MATCH MONEY FOR THE GRANT City Administrator Don Davis explained that this application is for grant monies to fund water and sewer improvements in the Central Elementary School area. MOTION by Rusty Jergins, second by Joel Hillin, to approve Resolution No. 1999 -2 authorizing the submission of a Texas Community Development Program application to the Texas Department of Housing and Community Affairs for Community Development Funds and authorizing the City Administrator at act as the city's chief executive officer and authorized representative in all matters pertaining to the city's participation. Motion carried by unanimous approval. XIII. CONSIDER AGREEMENT WITH OMI FOR PREPARATION OF RISK MANAGEMENT PROGRAM City Administrator Davis explained that the EPA requires municipalities to develop a Risk Management Program if threshold quantities of certain chemicals are stored at city facilities. The Stephenville Wastewater Treatment Plant stores chlorine in General Business Meeting— April 6, 1999 Stephenville City Council i quantities that exceed the threshold limit. Therefore, the city is required to develop an EPA approved Risk Management Plan to be submitted to the EPA by June 21, 1999. As part of the city's contract with OMI, there is a provision which allows OMI to perform this type service. MOTION by Jerry Madkins, second by Joel Hillin, to employ OMI to prepare the EPA Risk Management Plan. Motion carried by unanimous approval. XIV. UPDATE ON EXPANDED LOCAL CALLING Bill Stanley reminded the council that a resolution had been sent by the City of Stephenville to the Public Utilities Commission (PUC) protesting the request of Sprint United Telephone Company for an increase in the charge for expanded local calling services. The cities of Gatesville and Troup had entered into litigation to contest the requested increase. This litigation has now been heard by an administrative law judge, who has ruled against Sprint by saying that Sprint did not support its request for an increase in expanded local calling fee. This case is now in the hands of the PUC. XV. INTERIM REPORT ON WATER STUDY BY DR. HUGHBERT COLLIER Hughbert Collier reported that he is one month into his study, and it is progressing well. He said that he has had very good cooperation from landowners, water well drillers, and Danny Johnson and his staff, therefore, Collier and his staff have been able to cover a considerable amount of information in just one month. Collier and his crews have investigates over 140 sites. Of those, approximately 100 were of sufficient interest and some form of information has been gathered on each of those 100 sites. Collier reported that at this time he has 1999 water level measurements on over 60 wells. There will be a few wells on which Collier will be able to gather historical data to match with the 1999 data. Collier has located approximately 40 wells which are potential monitoring wells. XVI. CONSIDER PROPOSAL FROM MAXIM TECHNOLOGIES, INC. FOR INSPECTION SERVICES MOTION by Joel Hillin, second by Marshall Shelton, to employ Maxim Technologies, Inc. for field observation and associated construction materials testing on the West Side Development Project. Motion carried by unanimous approval. General Business Meeting— April 6, 1999 Stephenville City Council t Rusty Jergins requested the Item E. Disposal of Fixed Assets and Surplus Property be removed from the consent agenda. MOTION by Bea Marin, second by Joel Hillin, to approve the consent agenda with Item E being removed. Motion carried by unanimous roll call vote. XVII. CONSENT AGENDA A. Approval of Minutes of Regular Business Meeting on March 2, 1999 B. Approval of Contract for Election Services C. Appointment of an Election Judge and Alternate Election Judge D. Bid Awards 1. East Washington Sewer Line 2. Janitorial Service and Supplies 3. Annual Office Supply Contract E. Disposal of Fixed Assets and Surplus Property Council member Jergins wanted to be certain that local volunteer fire departments had been given a chance to purchase any of the fire trucks before advertising them for sale. City Administrator Davis reported that the local volunteer fire departments were advised that certain trucks were available in the event they were interested. MOTION by Bea Marin, second by Joel Mllin, to approve Item E. Disposal of Fixed Assets and Surplus Property. Motion carried by unanimous roll call vote. XVIII. CITY ADMINISTRATOR'S REPORT Davis reported that the Chamber of Commerce will sponsor the "Great Race" on April 16. This is a road race of antique vehicles, which will be stopping in Stephenville on its cross - country race. The Cowboy Appreciation Ball is scheduled for Monday, May 3, in the Downtown Plaza with a street dance. This event will kick off the PRCA events to be held later that week. General Business Meeting— April 6, 1999 (y'! Stephenville City Council 9 3 XIM EXECUTIVE SESSION. At 7:50 p.m., Mayor Moser recessed the open portion of the and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.072 Deliberate the purchase, exchange, lease, or value of real property and Sec. 551.074 Personnel Matters. A. Lot 7, Block 132, City Addition, City of Stephenville B. Lot 3, Block 129, City Addition, City of Stephenville C. Lots 7B, 8, 9,10,11,12,13; Block 56; City Addition, City of Stephenville D. City Attorney At 8:40pm, Mayor Moser called the council back into regular session. XX. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) No action was taken. XXI. ADJOURN MOTION by Rusty Jergins, seconded by Bea Marin, to adjourn the meeting. Motion carried by unanimous approval at 8:40 p.m. Qb4me-� Jo Moser, Mayor 04 _1MW Cindy L ford, C' Secretary General Business Meeting— April 6, 1999 Stephenville City Council '4% City of Stephenville Airport Manager Employment Agreement THE CITY OF STEPHENVILLE, a municipal corporation, acting by and through is Mayor, John Moser, in accordance with action of the City Council of the City of Stephenville, and C & F Aviation, Inc., of Erath County, Texas, has this day entered into the following Airport Manger Employment Agreement: I. CITY OF STEPHENVILLE is owner of the Stephenville Municipal Airport situated in and adjacent to the City of Stephenville, Texas, which airport has been in use for a number of years as a municipal airport and same is equipped and laid out with main hangars, smaller hangars, and airplane runways. The City of Stephenville as owner of aforementioned airport hereby enters into this Airport Manager Employment Agreement with Jubel Caldwell, d/b /a C & F Aviation, Inc., on the terms and conditions hereinafter set out. II. The term of this agreement shall be for five (5) years beginning May 1, 1999, and ending April 30, 2004. III. C & F Aviation, Inc.shall negotiate for the City of Stephenville the rental of hangars on said airport to individuals at a charge of $75.00 per month. Hangar fees shall be paid directly to the City by the Hangar Lessee. C & F Aviation shall also collect a rental fee to individuals for tie -down space for airplanes which rate shall be a charge of $15.00 per month and tie -down spaces may be rented in accordance with the City's tie -down agreement. Charge for spaces to individuals not leasing by the month shall be $2.50 per day beginning on the second consecutive day which aircraft occupies such space. Forty percent (40 1/o) of fees paid as tie -down charges shall be retained by C & F Aviation, Inc., as compensation for administration of said fie -down spaces. All sums collected as rental charges and fees shall be paid by C & F Aviation, Inc. on or before the 10th day of each month following the month in which rents accrued and shall be paid to the City Finance Director. All rental charges may be changed at the sole discretion of the City Council. Collection of these fees shall be made by C & F Aviation, Inc. C & F Aviation, hic. shall maintain a waiting a list of persons wanting to lease hangar spaces from the City. Persons wanting hangar space will be granted such based on the date which their name was placed on the waiting list. The names placed on the list first shall have priority to lease hangar space. The exception to this policy will be that City of Stephenville residents will have priority over nonresidents. Page 1 of 3 123 C & F Aviation, Inc. acting as Airport Manager shall have the right to sell airplane fuel and oil at said airport and shall pay to the City of Stephenville five cents ($0.05) per gallon of all airplane fuel sold by C & F Aviation, Inc. at said airport. L►IVA The City of Stephenville will permit C & F Aviation, Inc. the use and control of the main hangar, terminal building and tie -down spaces as compensation for discharging the duties set out hereafter as Airport Manager. Utilities which service the terminal building and main hangar building will be paid by C & F Aviation, Inc. V. As a part of the consideration for compensation to be paid; C & F Aviation, Inc. agrees to assume and discharge the responsibilities and the duty to generally manage and supervise the airport facility acting in the capacity of Airport Manager for the City of Stephenville at its municipal airport. These duties and responsibilities shall include, but not be limited to the following: Maintaining, keeping and filing monthly reports of all airport activity and records required by city, federal, and state. Conducting of all operations of said airport in accordance with any and all government regulations; said airport to be in operation during the minimum hours of 8:00 a.m. to 5:00 p.m. Monday thru Friday, Saturday 9:00 a.m. to 4:00 p.m.. Advising the Director of Community Services of the overall management of airport operations to insure adequate income and proper assessment of airport users. Performing minor housekeeping maintenance activities at airport facilities on terminal building, hangars, lighting system, PAPA -2, grounds, equipment, apron areas, runways, and taxiways to assure proper and safe operating levels and respectable appearance. Reporting to the Director of Community Services monthly as to needs for improvements and major maintenance at the airport. Responsible for effective public relations with airport users and visitors. Perform runway inspections monthly (including PAPA -2, lighting system, wind cone) and file reports with the Director of Community Services. Coordinating with other city departments which may be assigned to perform certain maintenance activities at the airport. Coordinating the activities of the municipal airport with other airports in the area. Page 2 of 3 19 4 Serving as ex- officio member of the Airport Advisory Board. Performing related duties as required. VI. Failure on the part of C & F Aviation, Inc., acting as Airport Manager, to perform the duties stated herein may result in the termination of this agreement by the City Council of the City of Stephenville upon a thirty (30) days written notice. If C & F Aviation, Inc. is in breach of duty then the City Council will give C & F Aviation, Inc. written notice of such breach with written request to cure same within thirty (30) days. Failure by C & F Aviation, Inc. to cure such breach would give the City Council the right to terminate this agreement with C & F Aviation, Inc. within thirty (30) days from failure to comply. W Al C & F Aviation, Inc. acting as Airport Manager, is required to furnish to the City Council of the City of Stephenville a minimum ninety (90) day written notice, should during the term of this agreement C & F Aviation, Inc. desire to terminate its participation. 0"I C & F Aviation, Inc. is given the right to manage the airport for an additional term of five (5) years upon ninety (90) days written notice to the City prior to the end of the term of this agreement, upon terms to be agreed upon between C & F Aviation, Inc. and the City of Stephenville at that time. PASSED AND APPROVED this the day of / 1999 by the City Council of the City of Stephenville, Texas. C & F AVIATION, INC. 1---Rrb6l Caldwell CITY OF STEPHENVILLE Moser, Mayor Page 3of3 19 5 CITY OF STEPHENVILLE To Present a Complaint, What do I do? To present a matter of concern to the city organization or a specific department, you may call (918- 1220) or come by City Hall at 298 W. Washington. There are basically two types of complaints: Informal: An informal complaint can by made verbally or in writing (no signature is required). 1) Maintenance of infrastructure: If your problem has to do with an area of maintenance (pothole, traffic /street sign, tall grass, health hazard, etc.) the person helping you will fill out a "General Maintenance Request' form. The form will then be routed to the proper department for resolution. If you want to be contacted about the disposition of your request, you must provide a phone number at which you can be contacted. If your problem is determined to be complex or severe, you may be asked for a written definition of the problem and a description of how the problem could be resolved. 2) Treatment by or behavior of an employee: In most cases, your problem does not need to be in writing and any employee at city hall or the public safety building can help you with your concern. A supervisor can take your complaint over the phone and fill out an informal complaint form. No formal disciplinary action can be taken based on a verbal complaint. Formal: A formal complaint must be in writing and must be signed by the complainant and witnessed by a supervisor or the city secretary. If your problem has to do with a complaint against an employee or the way in which you were treated by an employee, and you wish to file a formal complaint, you will need to put your concern in writing. Your complaint can be filed with the city secretary / designee (forms are available at the receptionistdesk). The complaint will be routed to the appropriate supervisor who will conduct a thorough investigation of your complaint, and you will be advised of the result and any action taken. (Texas State Law requires that all complaints against police officers or fire fighters must be in writing and signed by the person making the complaint.) It is suggested that complaints should be made as soon as possible after the incident, except in special cases (such as criminal misconduct or when good cause can be shown by the person complaining). Complaints against employeesmust be made by the person who claims to be aggrieved. Other persons may give statements as witnesses. If you desire a response, you will be notified by either phone or in writing (whichever you prefer). nm L_ CITY OF STEPHENVILLE INFORMAL CITIZEN REQUEST FOR ACTION Date Complaint Received: Description of Complaint: Supervisor Complaint received By: Response to Complaint: Response Made by: Evaluation of Complaint: Evaluation Made By: Do you wish to be contacted _Yes No Name Phone # Time Received: Date: Date: Date contacted ft CITY OF STEPHENVILLE FORMAL CITIZEN REQUEST FOR ACTION My name is ; I reside at and my telephone number is I hereby voluntarily make the statement set out below. Acknowledging this, I hereby voluntarily make the following statement: DATE OF INCIDENT BEING REPORTED: DESCRIPTION OF INCIDENT AND / OR ACTION REQUESTED: (Attach additional pages if needed.) Signed by: Witnessed Date: Date: {False Complaints: Sometimes people make false complaints against police officers or fire fighters. Citizens should be aware that this is a violation of the Texas Penal Code, section 37.02. The offense of perjury is committed if, with intent to deceive and with knowledge of the statement's meaning: He /She makes a false statement under oath or swears to the truth of a false statement previously made.) Im ORDINANCE NO. 1999 -6 AN ORDINANCE AMENDING ORDINANCE NO. 1998 -23 ESTABLISHING TRUCK ROUTES THROUGH THE CITY OF STEPHENVILLE; ADDING A PORTION OF FREY STREET AS A TRUCK DELIVERY ROUTE; REMOVING WASHINGTON STREET AS A TRUCK ROUTE; AND PROVIDING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One The following words and phrases when used in this article, shall for the purpose of this article have the meaning respectively ascribed to them as follows: (1) Commercial vehicle: Every vehicle which is described as a truck tractor, pole trailer, semi - trailer, or trailer as described below: (a) Pole trailer: Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (b) Semi - trailer. Every vehicle without motive power, other than pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (c)Trailer. Every vehicle without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (d) Truck tractor. Every vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (2) Through Commercial Vehicle: Any commercial vehicle whose origin and destination is other than the city. (3) Local Commercial Vehicle: Any commercial vehicle whose origin and/or destination is within the city, and any locally operated commercial vehicle. (4) Truck routes: A street, road or highway designated by the city council upon which it shall be lawful for all through commercial vehicles and local commercial vehicles to travel. Truck Route Ordinance — Page 1 April 6, 1999 1.99 Section Two Truck Routes: The following streets roads, and highways are hereby designated commercial vehicle truck routes for through routes within the city limits of Stephenville: (1) State Highway 281 : Entire extent within corporate limits. (2) State Highway 377: Entire extent within corporate limits. (3) State Highway 67: Entire extent within corporate limits. (4) Highway 8: Entire extent within corporate limits (5) FMLoop 988: Intersection with Highway 8 to intersection with State Highway 67 / 377. (6) East Washington (Spur 195): State Highway 281 to east city limits. (7) FM 914: State Highway 67/377 to city limits. Section Three Truck delivery routes: Shall mean the operation of a Commercial vehicle on a city street for the purpose of loading unloading or weighing at a location off a designed truck route and return to nearest truck route. (1) Bates Street: From Highway 8 to end of roadway (2) Race Street: Highway 8 to Vanderbilt street (3) Paddock Street: Highway 8 to Sloan street (4) Vanderbilt Street: Race street to Paddock street (5) Floral Street: East Washington to Tarleton street (6) Washington Street: State Highway 281 to State Highway 67/377 (7) Graham Street: State Highway 67/377 to Highway 8 (8) Green Street: Floral Street to Graham Street (9) Hurhert Street: Race Street to Columbia Street (10)Frey Street: Graham Street to Paddock Street Truck Route Ordinance — Page 2 pp April 6, 1999 200 Section Four (1) It shall be unlawful for any person to operate a through commercial vehicle upon any street, boulevard, alley, or avenue within the limits of the City of Stephenville, Texas, except that such commercial vehicle may travel or be operated upon any street, boulevard, or avenue designated as a truck route. (2) It shall be unlawful for any person to operate any local commercial vehicle upon any street except those streets designated as truck delivery routes. A local commercial vehicle may leave a truck delivery route for the purpose of delivery or picking up materials or goods at a location not on a truck delivery route but then return to nearest truck delivery route or truck route to exit the location. If additional deliveries or pickups are required the vehicle doesn't need to return to truck route after each individual delivery but shall return to truck route upon completion of the deliveries /pickups. (3) Local commercial vehicles may exit delivery routes either direction as long as it intersects with a through route or truck delivery route. The only exception is turning at the Court House square from Graham to Washington or Washington to Graham Streets. Section Five The City of Stephenville will erect truck signs on all streets within the corporate limits of Stephenville other than State of Texas maintained roadways. The Texas Department of Transportation will erect such signs as they deemed necessary on all state roadways which are maintained by their agency. Section Six Any person, firm, or corporation violating any provisions of this article or failing to observe any provision hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than forty dollars ($40.00) and not more than two hundred dollars ($200.00); and if such violation be continuing, each day or part of a day shall be a separate offense. PASSED and APPROVED on the 6h day of April, 1999. Q4 mo�� Jo oser, Mayor Truck Route Ordinance — Page 3 April 6, 1999 201 ATTEST: Cindy L. rord, tity S t; Reviewed by Donald B. Davis City Administrator Approved as to form and legality by Randy Thomas, City Attorney Truck Route Ordinance — Page 4 April 6, 1999 202 Lease Agreement STATE OF TEXAS COUNTY OF ERATH This agreement made and entered into by and between the CITY OF STEPHENVILLE, a municipal corporation (hereinafter called "LESSOR"), and FRIENDSHIP HOMES, INC. (hereinafter called "LESSEE'). WITNESSETH I. Lessor has leased and by these presents does grant, demise and lease unto Lessee and Lessee agrees to take a lease on a portion of Lot 13, Airport Addition, Mathew Roberts Survey, A-640, City of Stephenville, Erath County, Texas. The above referenced property is shown on the attached plat and is generally the area between the Airport Pump Station and the Fire Training field, located on Airport Road. H. The term of this lease shall be month to month beginning May 1, 1999. The lease can be terminated by either party with fourteen (14) day's written notice. III. Lessee, in the consideration of the leasing of said premises, does hereby covenant and agree to pay $200.00 per month in advance beginning May 1, 1999 and continuing regularly and monthly thereafter on the same day of the month. IV. Lessee agrees to use the premises for the purpose of display of manufactured housing units (mobile homes) for viewing by prospective buyers. V. Lessee agrees to not sub -let, lease, rent, sell or encumber said premises or any part thereof in any manner to any person or persons whatsoever. Lease Agreement City/Friendship Homes — Page 203 VI. Lessee agrees to make no permanent alternations or additions to said premises and shall remove any material from the premises upon termination of this agreement and shall return the premises in the condition same was in before Lessee's use of same. 1' /_I A Lessee agrees to pay for all clean up costs of the premises at the termination of this lease. Lessor has placed $300.00 in Escrow with Lessor to pay for said charges. Lessor agrees to return to Lessee all of said $300.00 that is not necessary as clean up charges and Lessee agrees to pay Lessor any additional clean up charges, repairs or replacement costs that are required due to its use of the premises all at the discretion of Lessor. VIII. Lessee further agrees to indemnify and hold Lessor harmless from any judgment or expense which Lessor may suffer due to the negligence of Lessee in its operation or of its negligent occupancy of said premises. Lessee shall be responsible for all operations that it conducts on the premises and for all personal property that it locates or displays thereon. In this regard, Lessee specifically agrees to indemnify and hold Lessor harmless for any loss or damage to its property or property of others located on the premises. IX. Lessee shall not commit, nor allow to be committed, any waste of the property of use or allow the property to be used for any unlawful purpose. Lessee shall be fully responsible for any operations performed by it with the leased premises, and shall at its sole expense, be responsible for compliance with the requirements of all local, state, or federal agencies or authorities. !.'_A If any action at law or in equity, including an action for declaratory relief is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party, which fees may be set by the Court in the trial of such action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. XI. Lease Agreement City/Friendship Homes — Page 2 F This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Erath County, Texas. XII. This agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. EXECUTED in duplicate originals this 6" day of April, 1999. ATTEST: Cindy LESSOR City of Stephenville Mayor �RPO.R.P��O STATE OF TEXAS § Lease Agreement City/Friendship Homes — Page 3 LESSEE FRIENDSHIP HOMES, INC. 2,5 COUNTY OF ERATH § This instrument was acknowledged before me on the 6" day of April, 1999, by JOHN MOSER, Mayor, of the City of Stephenville, a municipal corporation, for and on behalf of said corporation. � y i STATE OF TEXAS § COUNTY OF ERATH § —7 ,.This instrument was ackowledged before me on the 411 day of April, 1999, by A ° I a 4,j/el npn on behalf of FRIENDSHIP HOMES, INC. BETTY L. CHEW Notary Public, State of Texas V Commission Exp. 08. 29-2001 Lease Agreement City/Friendship Homes — Page 4 (: O O Notat Pub ' tate of Texas M RESOLUTION NO. 1999 - 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATIONS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR COMMUNITY DEVELOPMENT FUNDS; AND AUTHORIZING THE CITY ADMINISTRATOR TO ACT AS THE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Stephenville desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Stephenville to apply for funding under the Texas Community Development Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: 1. 2. 3. 4. J That a Texas Community Development Program application for Community Development Funds is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. That the City's application be placed in competition for funding under the Community Development Fund. That the application be for $250,000 of grant funds to carry out water improvements and engineering. That the City Council directs and designates the City Administrator as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. That the City commit $70,400 from its Water and Sewer Fund as a cash contribution to be matched with Texas Community Development Funds to be used for water improvements and grant administration. Passed and approved this 6th day of April, 1999. L. Reviewed by Donald B. Davis, City Administrator i Approved as to form and legality by Randy Thomas, City Attorney RESLTN.DOC 207 OMI March 16, 1999 Mr. Danny R. Johnson Director of Utilities City of Stephenville 298 W. Washington Stephenville, TX 76401 OMI, Inc. 6060 Bouth Willow Drive Greenwood Village, Co 80111 -5142 Mailing Address: P.O. Box 6607 Englewood, OO 80155 -6607 Tel 303 740.0019 Fax 303 740.7061 RE: Proposal for Preparing an EPA Risk Management Plan and OSHA Process Safety Management Plan for the Stephenville Wastewater Treatment Plant Dear Mr. Johnson: Per your request, this letter provides a proposal and budget for preparing a Risk Management and Process Safety Management Plan for the Stephenville Wastewater Treatment Plant operated by Operations Management Inc. (OMI). The Plans are required by the United States Environmental Protection Agency (EPA) Risk Management Program (RMP) rule, Section 112(r) of the Clean Air Act (40 CFR Part 68), and the Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) standard (29 CFR 1910.119) when listed chemicals exceed the threshold quantities detailed by these regulations. For your Wastewater Treatment Plant, chlorine exceeds the threshold limit triggering the need for this Plan. As we discussed, OMI has the capability to prepare these Plans for the City of Stephenville much more economically than an outside consultant. OMI has retained the in -house expertise to prepare PSM/R2vfP's and offers the following scope of work and budget to complete the project by the June 21, 1999 regulatory deadline. Scope of Work The Project consists of providing the City of Stephenville assistance in developing a Process Safety Management/Risk Management Plan (PSM/RMP) for the Stephenville Wastewater Treatment Plant. Peter J. Cohlmia, OMI's Risk Management consultant will work with OMI and the City of Stephenville to complete the following scope to meet the key elements of the PSM/RMP: 9i I. Prepare Orientation Materials A. Develop a summary paper containing the following elements to educate the City of Stephenville personnel regarding the purpose of the program and its key requirements: 1. Clean Air Act Section 112(r) overview, 2. Specific elements of the program, 3. Potential affects on OMI and the City of Stephenville personnel, and 4. Schedule for project. II. Develop Required Data Elements for the PSM/RMP including: A. Management System B. Hazard Assessment I. Analyze the circumstances and events that could result in releases of acutely hazardous substance. 2. Identify the worst -case release for the Plants and alternative release scenarios for each regulated chemical. 3. Use air dispersion models with the release modes and suitable representative meteorological data. 4. Evaluate potential off -site consequences of release scenarios in terms of public health and environmental receptors. 5. Compile a five -year accident history. C. Prevention . 1. Determine and describe how employees will be involved in the development of the hazard analysis and other program elements. 2. Document covered process safety information. 3. Develop a thorough, orderly and systematic approach to the identification, evaluation and control of processes involving hazardous substances. 4. Develop and document operating procedures for the covered processes. 5. Develop a training program to help employees and contractors understand the nature and causes of potential hazards arising from operation of the covered processes. 6. Develop a program to ensure that contractors working on or near the covered Processes are trained and aware of the dangers associated with the process. 7. Document requirements for the start -up of the covered processes after shutdown for routine or non- routine maintenance or in case of emergency shutdown. 8. Develop a mechanism to ensure the mechanical' integrity of the covered processes. 9. Ensure that procedures and a checklist are prepared for any hot work Performed around the covered systems. r '' 10. Prepare a procedure that will capture any proposed or intended change to the covered systems such that the hazard review and operating procedures are modified to reflect the changes prior to operation. 11. Develop a formal documented system of managing and recording incident investigations. 12. Develop a process safety program evaluation methodology. D. Emergency Response Program 1. Develop an emergency planning and response procedure. E. Risk Management Plan 1. Develop a Risk Management Plan that summarizes the PSM/RMP and meets the data elements requirements (EPA Submit) for submittal to EPA by June 21, 1999. The PSM/RMP shall be submitted to the City of Stephenville in draft form for review and approval prior to submittal to EPA. Budget and Schedule We propose to provide these services to the City of Stephenville for approximately $15,000. This price compares very favorably to the cost of hiring outside consultants who do not know the Stephenville Wastewater Treatment Plant operations or personnel. OMI has developed contacts with the local regulators and emergency planning authorities which will assist greatly in the efficient and timely completion of this project. These contacts will be very beneficial in the development of the off -site consequence analyses and in the emergency notification requirements. OMI would appreciate approval to begin this work for the City of Stephenville as soon as possible in order to complete the project by the June 21, 1999 regulatory deadline. If you concur with this proposal or have any questions, please feel free to contact me at 965 -3668 or Mr. Pete Cohlmia at 303 - 268-4201. Upon written approval from the City of Stephenville, OMI will begin work immediately on the PSM/RMP for the Stephenville Wastewater Treatment Plant. We appreciate the opportunity to propose on this work Sincerely, J �S- Johnny Davis, OW Project Manager Stephenville Wastewater Treatment Plant cc: Pete Cohlmia, OMI Risk Management Consultant Ed Schwab, OMI Regional Business Manager MAXIM TECH NOto OIFS INC March 1, 1999 Mr. Ronnie Isham Director of Community City of Stephenville 298 W. Washington Stephenville, Texas Services 76401 Maxim Technologies 2200 Gravel Drive Fort Worth, TX 76118 -7123 Telephone: (817) 284 -7755 Metro: (817) 589 -7211 Fax: (817) 589 -1420 Reference: Field Observation and Associated Services West Side Development- Wolfe Nursery Rd./ Frey St. MTI Proposal 9 -3- 1103 -6 Dear Mr. Isham: Maxim Technologies, Inc. (MTI), is pleased to submit our fees for professional services for field observation and associated construction materials testing on the referenced project. We appreciate the consideration of MTI, and feel our recent experiences on similar projects will enable us to provide this project with optimum quality control at minimal cost and will enable us to be a very meaningful team member. . The following unit fees (Exhibit A) are derived from conversations with Schrickel- Rollins. Compensation for these services will be based upon the actual hours utilized. The unit rates shown will be in effect for the project. Hourly rates will be billed portal -to- portal. Overtime rates apply for hours in excess of 8 hours per day. Work performed at.night (before 7:00 a.m., after 5:00 p.m.) or on Saturdays will be charged at 1.5 times the normal rate, except Sunday and holidays which are charged at 2.0 times the normal rate. MTI meets all requirements of ASTM E329 and we have been members of ACIL since 1943. In addition, MTI is reviewed on a regular basis by A21A. Our continuing membership in ACIL and reviews by the A21A are examples of MTI's longstanding commitment to quality service for our clients. Our locations and facilities have the following qualifications: 1. Construction materials testing and inspection services provided by our laboratory comply with and exceed the minimum requirements set forth by ASTM E329 -77, "Recommended Practices for Inspection and Testing Agencies for Concrete, Steel and Bituminous Materials as Used in Construction ". Registered engineers and .21.1 NIAMM I c AlNULUGIES, INC. Client: Mr. Ronnie [sham Director of Public Services City of Stephenville 298 W. Washington Stephenville, Texas 76401 Project: West Side Development— Wolfe Nursery Rd./ Frey St SERVICE: UNIT RATE TECHNICIAN Date: March 11, 1999 Proposal: 9- 3- 1103 -6 NICET Certified technician to provide general field observation and associated services reporting daily to City representatives and the consulting engineer, charge per 8 hour day $240.00 Mileage, per day $40.00 Moisture/Density relations, ea. $140.50 Atterberg Limits, each $40.00 Nuclear Densities, ea. $27.00 * Lime /Soil Gradations, each $27.00 * Concrete cylinders, ea. $14.00 Included in charge per day fee. t *tkttttttt4t44t4t44t4ttt Clarifications and Asumptions Hourly rates are two —hour mimimums, portal —to— portal. Overtime rates apply for hours in excess of 8 hours per day and will be charged at the rate of 1.5 times the base rates. Work performed on Sun - days, or holidays will be charged at 2.0 times the base rate. me