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HomeMy WebLinkAbout1999-05-04 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, MAY 4,1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on May 4, 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 Absent Others Attending I. CALL TO ORDER John Moser Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Mann Wm. H. Stanley Dr. Jerry B. Madkins 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, May 4, 1999 by Mayor John Moser. Mayor Moser declared a quorum present. II. CITIZENS' GENERAL DISCUSSION There was no one who wished to address the council during this portion of the meeting. General Business Meeting — May 4, 1999 Stephenville City Council 2 G III. PLANNING AND ZONING COMMISSION — Ordinance Vacating an Alley Located in Block 25, Frey First Addition City Administrator Don Davis reviewed the procedure for closing an alley. Jim Elliott, attorney for Andy and Nena Gilbreath, owners of lots adjacent to the subject property, addressed the council and offered to answer any of their questions. MOTION by K. H. Conatser, second by Marshall Shelton to adopt Ordinance No. 1999 -7 declaring that portion of an alley running from North Graham Street on the east to North Belknap Street on the west, located in block 25 of the Frey First Addition to the City of Stephenville, Texas, containing 1,541 square feet of land, to have been abandoned as an alley, ordering the same vacated and closed, and authorizing the conveyance of same to Andy and Nena Gilbreath, finding the value of said land and authorizing the conveyance of same to Andy and Nena Gilbreath upon payment of the amount found to be the value of this land. MOTION CARRIED by unanimous vote. IV. WATER PLANNING COMMITTEE REPORT A. Water Management Plan— Ordinance Adopting a Drought Contingency Plan Council member Barbara Terrell reported that as a result of Senate Bill 1, all public water suppliers are required to develop a drought contingency plan to be implemented during periods of water shortages and droughts. The plans must be submitted to the regional planning groups and to the TNRCC by September 1, 1999. She asked City Administrator Davis for further comment. Davis explained that the Water Management Plan will contain several components. The Drought Contingency Plan is one of those components. Danny Johnson, Director of Utilities, reviewed with the council the highlights of the Drought Contingency Plan. MOTION by Barbara Terrell, second by Wm. H. Stanley, to adopt Ordinance No. 1999 -8 adopting a Drought Contingency Plan, establishing criteria for the initiation and termination of drought response stages, establishing restrictions on certain water uses, establishing penalties for the violation of and provisions for enforcement of these restrictions, establishing procedures for granting variances, and providing severability and an effective date. MOTION CARRIED by unanimous vote. B. Upper Leon River Municipal Water District Contract Council member Terrell reported on the negotiations with the Upper Leon River Municipal Water District. The Brazos River Authority is willing to contract for the General Business Meeting — May 4, 1999 Stephenville City Council MW well water for a period of us to fifty years with a clause to renew. The Upper Leon River Municipal Water District would also contract with the city for fifty years for the treated water. The ULRMWD will present a proposed contract to the city which would include purchase of the ground water as well as a mechanism for their stand by charge and ultimately the cost for the treatment of the ground water. C. Status Report on Well Evaluation City Administrator Davis reported that there has been some delay in this project, which may postpone the work being done until after the summer season. V. CONSIDER AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,1999 MOTION by Rusty Jergins, second by Bea Marin, to adopt Ordinance No. 1999 -9 providing an amended budget for the remainder of the fiscal year beginning October 1, 1998 and ending September 30, 1999. VI. CONSIDER RESOLUTION PROVIDING FOR AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE MOTION by Bea Marin, second by Marshall Shelton, to adopt Resolution No. 1999 -3 authorizing membership by the City of Stephenville in the Texas Local Government Statewide Purchasing Cooperative. MOTION CARRIED by unanimous vote. MOTION by Rusty Jergins, second by Barbara Terrell, to approve the Consent Agenda, which is as follows: VII. CONSENT AGENDA A. Approval of Minutes 1. Regular Business Meeting on April 6, 1999 2. Special Council Meeting on April 20,1999 B. Bid Specifications -- Brush, Limb, Stump and Wood Grinding Services MOTION CARRIED by unanimous roll call vote. General Business Meeting— May 4, 1999 Stephenville City Council MWO VIII. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis reported that the Cowboy Appreciation Ball had been held the previous evening at the Downtown Plaza. Davis reported that a new format for this event was used this year, and he thought there was a good turn out. Davis then asked certain directors to report to the council the status of ongoing projects. They are as follows: Mark Kaiser, Director of Finance • City Auction. This auction was held on April 27, 1999. The city's net proceeds were $4,656.50. • Computer Upgrade. The city began its computer replacement program in 1995. In 1996, the public safety software and hardware was replaced. In 1997, a library automation system was implemented. The Year 2000 Project (Y2K compliance) was begun in 1998 and continues through this year. A trial run will be made of all computer systems in August, 1999. • Community Development Block Grant. The application was placed on file with the Texas Department of Housing and Community Affairs on April 20, 1999. This is a request for a grant for $250,000 for water replacement lines around Central Elementary School. _Ronnie Isham, Director of Community Services • Airport Improvement Project. Jay Mills Construction, Inc. of Stephenville is the contractor. Roy Willis of Abilene is the electrical contractor. The engineers hired by Texas Department of Transportation are KSA Engineering out of Austin. Preconstruction meeting was held on April 27. Work will begin this week, and the project time is 200 days. The airport will be totally closed for a three -week period during this time. • West Side Development Project. Preconstruction meeting was held on March 8 with utility representatives, contractors, and representatives from Stephenville ISD. Construction began on March 24, and the project is scheduled to be completed by the time school starts in August. • Park Project. Parks and Wildlife Department has received the plans and hopes to finalize them by June 1. Construction is scheduled to begin in July. • College Farm Road Bridge. Right of way acquisition has been completed. Construction begin in July and continue through November. General Business Meeting— May 4, 1999 Stephenville City Council 2C.,$ Danny Johnson, Director • Ground Storage Tanks. The project is almost completed. A checklist has been made for corrective action to be taken. The contractor has been advised by the engineer that liquidated damages will be considered if the items on the checklist are not addressed. • Cell Two of the Landfill Project has been completed. IX. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD ON MAY 1, 1999 Mayor Moser appointed Council members Terrell, Jergins, Shelton, and Stanley to serve as the Canvassing Committee which adjourned to canvass the votes. Upon the return of the Canvassing Committee, Council member Terrell moved to adopt Resolution No. 1999 -4 declaring the following results of the City General Election of May 1, 1999. Council member Jergins seconded the motion, which passed by unanimous vote. City Council, Place 1 Dr. Jerry B. Madkins 766 votes Ed Horton 789 votes City Council, Place 3 Joel Hillin 893 votes Al Hoag, Jr. 631 votes City Council, Place 5 Michael S. Ables 81 votes K. H. Conatser 643 votes Bill Corbin 784 votes City Council, Place 7 Bea M. Marin 838 votes Bill Hensley 690 votes X. RECOGNIZE OUTGOING COUNCILMEMBER(S) Mayor John Moser presented Council member K. H. Conatser with a plaque recognizing his service on the City Council, and Conatser made some parting comments. A plaque recognizing Council member Madkins' service will be personally delivered to him. General Business Meeting— May 4, 1999 Stephenville City Council 222 XI. OATH OF OFFICE OF NEW COUNCILMEMBERS City Secretary Cindy Stafford then administered the oath of office of the newly - elected council members: Ed Horton, Council Place 1; Joel Hillin, Council Place 3; Bill Corbin, Council Place 5; and Bea M. Marin, Council Place 7. XH. CONSIDER SETTING A TIME AND PLACE FOR COUNCIL MEMBERS TO TOUR THE UPPER LEON RIVER MUNICIPAL WATER DISTRICT FACILITIES Mayor Moser welcomed Gyale Pirkle, President of the Board of Directors of the Upper Leon River Municipal Water District, Bob Huddleston, Vice President, ULRMWD, and Gary Lacy, General Manager, ULRMWD. Pirkle presented to the Mayor a draft contract for the purchase of water from Lake Proctor. City Administrator Davis will schedule a tour of the ULRMWD facilities after contacting each council member. XIII. ADJOURN MOTION by Rusty Jergins, seconded by Bea Marin, to adjourn the meeting. Motion carried by unanimous approval at 7:30 p.m. ATTEST: r `" , , ,. . General Business Meeting— May 4, 1999 Stephenville City Council Qe4w(vl� J Moser, Mayor 221 ORDINANCE NO. 1999 — 7 AN ORDINANCE DECLARING THAT PORTION OF AN ALLEY RUNNING FROM NORTH GRAHAM STREET ON THE EAST TO NORTH BELKNAP STREET ON THE WEST, LOCATED IN BLOCK 25 OF THE FREY FIRST ADDITION TO THE CITY OF STEPHENVILLE, TEXAS, CONTAINING 1,541 SQUARE FEET OF LAND, TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, AND AUTHORIZING THE CONVEYANCE OF SAME TO ANDY AND NENA GILBREATH, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO ANDY AND NENA GILBREATH UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION ONE All that certain lot, tract, or parcel of land, being an 8 foot wide alley lying west of North Graham Street and east of North Belknap Street, in Block 25 of the Frey First Addition of the City of Stephenville, Erath County, Texas as shown on King's 1956 map of Stephenville, Erath County, Texas and described as follows: Beginning at an iron rod set in the east line of North Belknap Street, being the NW corner of Lot 8, for the SW corner of this tract; Thence N 29 Deg. 53'10" W, along the east line of Belknap Street, 8.00' to an iron rod set, for the SW corner of Lot 1, for the NW corner of this tract; Thence N 60 Deg. 03' 38" E, along the south lines of Lots 1, 2, 3B and 4B, 192.59' to an iron rod set in the west line of Graham Street, for the SE corner of Lot 413, for the NE corner of this tract; Thence S 29 Deg. 56' 46" E, along the west line of Graham Street, 8.00' to an iron rod set, for the NE corner of Lot 5, for the SE corner of this tract; Thence S 60 Deg. 03' 38" W, along the north lines of Lots 5, 6, 7 and 8, 192.60' to the point of beginning and containing 1541 square feet of land. Is hereby declared to have been abandoned for alley purposes and is hereby declared vacated and closed for alley purposes. SECTION TWO That portion of alley above described is hereby found by the City Council of the City of Stephenville, Texas, to be vacated and closed for alley purposes. It is hereby found by the City Council of Stephenville, Texas, to be of a value of $154.10. Set amount having been offered by Andy and Nena Gilbreath for the above - described alley. It is hereby alleyblk25 ordered and directed that John Moser, Mayor of the City of Stephenville, Texas, execute a special warranty deed to the said Andy and Nena Gilbreath, upon the payment by them to the City of Stephenville of said sum of $154.10 said Andy and Nena Gilbreath owning Lots 3B, 4B, 5, 6, 7, and 8; of Block 25; Frey First Addition adjacent to said alley. PASSED AND APPROVED this the 22nd day, =1 - W Jo oser, Mayor City Administrator Appro as to form and legality, Randy Thomas, City Attorney 225 alleyblk25 ORDINANCE NO. 1999 - 8 AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Stephenville, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 12.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Stephenville, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. That the City of Stephenville, Texas Drought Contingency Plan attached hereto as Exhibit "A" and made part hereof for all purposes be, and the same is hereby adopted as the official policy of the City. SECTION 2. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to unconstitutional, illegal or invalid, the same shall not affect the validity of M. this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall take effect immediately from and after its passage and the publications of the caption, as the law in such cases provides. DULY PASSED BY THE CITY OF STEPHENVILLE, TEXAS, on the y -M day of may 1999. ATTESTED TO: Reviewed by Donald B. Davis, City Administrator Approved as to form and legality by Randy Thomas, City Attorney r ORDINANCE NO. 1999 - 8 AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Stephenville, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 12.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Stephenville, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. That the City of Stephenville, Texas Drought Contingency Plan attached hereto as Exhibit "A" and made part hereof for all purposes be, and the same is hereby adopted as the official policy of the City. SECTION 2. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to unconstitutional, illegal or invalid, the same shall not affect the validity of �`.j - this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall take effect immediately from and after its passage and the publications of the caption, as the law in such cases provides. DULY PASSED BY THE CITY OF STEPHENVILLE, TEXAS, on the 4144 day of M r, � 1999. ATTESTED TO: Reviewed by Donald B. Davis, City Administrator Approved as to form and legality by Randy Thomas, City Attorney DROUGHT CONTINGENCY PLAN FOR THE CITY OF STEPHENVH LE Section I: Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Stephenville hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non - essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section X of this Plan. Section H: Public Involvement The City provided an opportunity for public input into the Plan by scheduling two public meetings. A meeting of the Water Planning Committee was held on April 26`s, at 5:30 p.m. to discuss the Plan. The City Council met on May 4`s, at 5:30 p.m. to adopt the Plan and Ordinance. Section III: Public Education City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases, radio announcements, cable television public announcement channels, and utility bill notices. Section IV: Coordination with Regional Water Planning Groups The service area of City is located within the Brazos Region G Planning Group and City has provided a copy of this Plan to the Brazos Region G Regional Planning Group. Section V: Authorization The Mayor or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Mayor, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. • ro-r N I Exhibit A 230. Section VI: Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Section VII: De£nitions For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial and non -profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by City. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights -of -way and medians. Non - essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including: (a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan, (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; coxr .mc 2 Exhibit A 231: (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard- surfaced areas; (d) use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; (g) use of water in an outside fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1,3, 5, 7, or 9. Section VIII: Triggering Criteria for Initiation and Termination of Drought Response Stages The Mayor, or his/her designee, shall monitor water supply and /or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in local newspaper, announcements on radio stations, and cable television public announcement channels. The triggering criteria described below are based on experience of groundwater conditions during past droughts. (a) Stage 1 - Mild Water Shortage Conditions Requirements for initiation - Beginning May 1st through September 30th, all customers shall be required to comply with the requirements and restrictions on non - essential water uses, defined in Section IX of this Plan. Requirements for termination - Stage 1 of the Plan may be rescinded on September 30th. i CON LNDX 3 Exhibit A 232 (b) Stage 2 - Moderate Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non - essential water uses for Stage 2 of this Plan, when total daily water demand equals or exceeds 4 million gallons per day for five consecutive days or 4.8 million gallons per day on any single day. Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (c) Stage 3 - Severe Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non - essential water uses for Stage 3 of this Plan when total daily water demand equals or exceeds 4 million gallons per day for five consecutive days or 4.8 million gallons on a single day and/or continually falling treated water reservoir levels which do not refill overnight. Requirements for termination - Stage 3 of the Plan may be rescinded when weather conditions have changed and all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (d) Stage 4 - Emergency Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions for Stage 4 of this Plan when the Mayor, or his /her designee, determines that a water supply emergency exists based on: 1. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or 2. Natural or man-made contamination of the water supply source. Requirements for termination - Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 7 consecutive days. Section IX: Drought Response Stages The Mayor, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of the Plan, shall determine that a mild, moderate, severe, or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation: CONTPLNDOC El Exhibit A 233 _ Stage 1- Mild Water Shortage Conditions MNWLN.D Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and will only irrigate landscape areas on designated watering days. Water Use Restrictions: Under threat of penalty for violation, the following water use restrictions shall apply to all persons: (a) Irrigation of landscape areas shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9). (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited, except on designated watering days. Such washing, when allowed, shall be done with a hand -held bucket or a hand- held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi -type pools is prohibited except on designated watering days. (d) Operation of any outside ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from City. (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided by City, the facility shall not be subject to these regulations. 5 Exhibit A 234 (g) The following uses of water are defined as non - essential and are prohibited: 1. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; 2. use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). Stage 2 - Moderate Water Shortage Conditions Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and reduce irrigation of public landscaped areas to once every seven days. Water Use Restrictions: All requirements of Stage 1 shall remain in effect during Stage 2 except: (a) Irrigation of landscaped areas shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8) and Saturdays and Wednesdays for customers with a street address ending in an odd number (1, 3, 5, 7, or 9) and to irrigate landscapes only between the hours of 12:00 midnight to 10:00 am and 8:00 pm to 12:00 midnight on designated watering days. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight to 10:00 am and between 8:00 pm and 12:00 midnight. Such washing, when allowed, shall be done with a hand -held bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi -type pools is prohibited except on designated watering days between the hours of 12:00 midnight to 10:00 am and between 8:00 pm and 12:00 midnight. COMPLN.DOC 6 Exhibit A 235 (d) Operation of any outside ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water form designated fire hydrants for construction purposes may be allowed under special permit from City. (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days except between the hours of 12:00 midnight to 10:00 am and 8:00 pm to 12:00 midnight. However, if the golf course utilizes a water source other than that provided by City, the facility shall not be subject to these regulations. (g) The following uses of water are defined as non - essential and are prohibited: 1. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). Stage 3 - Severe Water Shortage Conditions Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and irrigation of landscape areas will be limited to once every 10 days. Use of water for fire department practices will be discontinued. Water Use Restrictions: All requirements of Stages 1 and 2 shall remain in effect during Stage 3 except: (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall be by means of hand -held hoses, hand -held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose -end sprinklers is prohibited at all times. CONVLN. O 7 Exhibit A 236 (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 P.M. (c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools is prohibited. (d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) No applications for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved Stage 4 - Emergency Water Shortage Conditions Goal: Achieve a 50 percent reduction in daily water demand. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and all other non - essential water uses, including water for fire department practices. Water Use Restrictions: All requirements of Stages 1, 2 and 3 shall remain in effect during Stage 4 except: (a) Irrigation of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. Section X: Enforcement (a) No person shall knowingly or intentionally allow the use of water from City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the Mayor, or his/her designee, in accordance with provisions of this Plan. COMPLN.DDC K Exhibit A 237 (b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the Mayor shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge and any other costs incurred by the City in discontinuing service. In addition, suitable assurance must be given to City that the same action shall not be repeated while this Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court. (c) Any person, including a person classified as a water customer of City, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Section XI: Variances The Mayor, or his /her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with City within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Mayor, or his/her designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s) of the Plan from which the petitioner is requesting relief. C°NWLN.DX 9 Exhibit A 238 (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (e) Description of the relief requested. (1) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variances granted by City shall be subject to the following conditions, unless waived or modified by the Mayor or his/her designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Section XIII: Severability It is hereby declared to be the intention of the Mayor and City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the Mayor and City Council (governing body of the water supplier) without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. rcirt-NATRW 10 Exhibit A 239 ORDINANCE NO. 1999 -9 AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. WHEREAS, the amended budget for the fiscal year beginning October 1, 1998 and ending September 30, 1999, was duly presented to the City Council by the City Administrator and a. public notice was posted in the Stephenville City Hall. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. That the amended appropriations for the fiscal year beginning October 1, 1998 and ending September 30, 1999, for the support of the general government of the City of Stephenville, Texas, be amended and fixed for the remainder of the fiscal year ending September 30, 1999, with the revenues and expenditures shown in the city's amended 1998 -1999 budget. SECTION 2. That the amended budget is hereby approved in all respects and adopted as the City's budget for the remainder of the fiscal year ending September 30, 1999. PASSED and APPROVED this the 4' day of May, 1999. ATTEST: Cindy L 'tafford, City Secretary eviewed by Donald B. Davis, City Administrator Approved as to form and legality J Randy Thomas, City Attorney ME GENERAL FUND GENERAL GOVERNMENT CITY COUNCIL CITY ADMINISTRATOR CITY SECRETARY EMERGENCY MANAGEMENT MUNICIPAL BUILDINGS FINANCE LEGAL SERVICES PERSONNEL RECREATION /ADMINISTRATION PARK MAINTENANCE CEMETERY LIBRARY STREETS SENIOR CITIZENS FIRE POLICE PUBLIC SAFETY COMMUNITY DEVELOPMENT TOTAL GENERAL FUND WATERMIASTEWATER FUND UTILITIES ADMINISTRATION WATER PRODUCTION WATER DISTRIBUTION CUSTOMER SERVICE WASTEWATER COLLECTION WASTEWATER TREATMENT POLLUTION CONTROL BILLING AND COLLECTIONS NON- DEPARTMENTAL TOTAL WATER/WW FUND AIRPORT `- TOTAL EXPENSES ALL FUNDS CITY OF STEPHENVILLE PROPOSED BUDGET AND ACTUAL EXPENDITURES SUMMARY FOR THE YEAR ENDED SEPTEMBER 30, 1999 ACTUAL APPROVED PROPOSED APPROVED/ ACTUAL YTD BUDGET BUDGET PROPOSED 19.9.7-98 3/31/99 1998 -99 % USED 1498 -99 DIFFERENCE 38,827 21,186 38,935 54.41% 43,806 (4,871) 78,445 39,511 86,563 45.64% 86,688 (125) 40,182 22,579 54,126 41.72% 57,226 (3,100) 6,529 1,693 8,300 20.40% 8,300 0 169,015 36,599 66,400 55.12% 66,400 0 524,290 392,698 690,304 56.89% 541,629 148,675 84,903 58,838 103,080 57.08% 115,880 (12,800) 71,543 55,063 119,052 46.25% 119,812 (760) 482,863 223,993 483,131 46.3600 %a 484,350 (1,219) 248,490 97,001 212,636 45.62% 216,186 (3,550) 58,318 42,332 74,946 56.48% 78,071 (3,125) 132,332 70,581 153,770 45.90% 156,000 (2,230) 1,028,153 344,920 816,953 42.22% 882,896 (65,943) 77,416 51,062 135,870 37.58% 136,222 (352) 1,146,374 554,421 1,259,213 44.03% 1,252,170 7,043 1,561,990 804,815 1,821,975 44.17% 1,822,214 (239) 11,687 38,195 106,847 35.75% 116,972 (10,125) 195,838 84,518 207,492 40.73% 207,867 (375) 5,957,195 2,940,005 6,439,593 45.66% 6,392,689 46,904 149,532 61,760 115,600 53.43% 126,939 (11,339) 353,626 136,554 358,038 38.14% 352,807 5,231 1,087,548 361,668 2,700,000 13.40% 2,700,000 0 75,956 37,343 80,617 46.32% 81,175 (558) 305,496 504,817 621,622 81.21% 621,622 0 451,088 351,077 652,223 53.83% 651,823 400 326,744 250,226 374,542 66.8100 %a 414,542 (40,000) 92,442 48,138 80,600 59.72% 120,624 (40,024) 353,626 136,554 358,038 38.14% 352,807 5,231 292,583 127,763 342,315 37.32% 350,091 (7,776) 75,956 37,343 80,617 46.32% 81,175 (558) 181,557 89,526 197,243 45.39% 194,761 2,482 451,088 351,077 652,223 53.83% 651,823 400 34,540 825 42,778 1.93% 42,228 550 80,558 40,209 90,525 44.42% 90,830 (305) 3,031,270 786,966 1,518,174 51.8400 %a 1,518,174 0 4,593,620 1,618,401 3,362,513 48.13% 3.402.513 (40.000) 151,658 60,388 172,774 34.95% 178,774 (6,000) 19,284 9,987 20,331 49.12% 20,331 0 12,591,077 5,807,252 13,806,975 42.06% 13,857,410 (50,435) 5/14/99 2411 CITY OF STEPHENVILLE PROPOSED BUDGET AND ACTUAL REVENUES SUMMARY FOR THE YEAR ENDED SEPTEMBER 30, 1999 SPECIAL REVENUE FUND 139,469 ACTUAL APPROVED 77.26% PROPOSED APPROVED/ WATER ACTUAL YTD BUDGET 50.47% BUDGET PROPOSED 72,761 1997 -98 3/31L99 11998- -99 ° USED 1998 -99 DIFFERENCE REVENUE SUMMARY: 172,815 66,501 nmRT SERVICE FUND 302,242 594,077 621,622 GENERAL FUND 621,622 0 191,435 65.41% 191,435 0 TAXES 4,097,938 2,933,101 3,910,816 75.00% 3,910,816 0 GROSS RECEIPTS TAX 847,273 254,604 878,115 28.99% 913,708 35,593 LICENSES AND PERMITS 85,776 46,568 64,505 72.19% 64,505 0 FINES AND FORFEITURES 244,173 98,249 190,000 51.71% 190,000 0 INTERGOVERNMENTAL 192,539 122,926 198,000 62.08% 216,000 18,000 SERVICE CHARGES 596,914 134,360 445,750 30.14% 370,750 (75,000) OTHER 524,222 180,716 343,420 52.62% 393,420 50,000 TOTAL GENERAL FUND 6,588,835 3,770,524 6,030,606 62.52% 6,059,199 28,593 SPECIAL REVENUE FUND 139,469 98,512 127,500 77.26% 158,339 30,839 WATER 1,820,812 870,568 1,725,000 50.47% CAPITAL PROJECT FUND 75,459 72,761 34,000 214.00% 124,000 90,000 1,810,000 0 SERVICE CHARGES 172,815 66,501 nmRT SERVICE FUND 302,242 594,077 621,622 95.57% 621,622 0 191,435 65.41% 191,435 0 TOTAL WATER/WW FUND F- INSURANCE FUND 370,631 211,602 375,542 56.35% 415,542 40,000 WATER/WASTEWATER FUND WATER 1,820,812 870,568 1,725,000 50.47% 1,725,000 0 WASTEWATER 1,866,653 917,621 1,810,000 50.70% 1,810,000 0 SERVICE CHARGES 172,815 66,501 117,200 56.74% 117,200 0 OTHER 250,206 125,218 191,435 65.41% 191,435 0 TOTAL WATER/WW FUND 4,110,486 1,979,908 3,843,635 51.51% 3,843,635 0 LANDFILL GATE FEES 181,154 48,068 120,000 40.06% 100,000 (20,000) OTHER 9,020 8,596 7,200 119.39% 7,200 0 TOTAL LANDFILL 190,174 56,664 127,200 44.55% 107,200 (20,000) AIRPORT HANGER RENTAL 14,600 7,350 13,500 54.44% 13,500 0 OTHER 7,625 4,367 3,750 116.45% 3,750 0 TOTAL AIRPORT 22,225 11,717 17,250 67.92% 17,250 0 TOTAL REVENUE ALL FUNDS 11,799,521 6,795,765 11,177,355 60.80% 11,346,787 169,432 2 5/14/99 CITY OF STEPHENVILLE STATEMENT OF PROJECTED CASH FLOW - ALL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 1999 ADD -BACK ITEMS - CHANGES IN: DEBT SERVICE PRINCIPAL GRANT MATCH TRANSFERS CAPITAL REPLACEMENTS J -CASH ITEMS: PRECIATION NO AMORTIZATION TOTAL ADD -BACK ITEMS (173,000) (1,000,000) 1,000,000 (1,010,000) (1,010,000) 173,000 0 (850,000) (185,000) (171,000) (1,206,000) 700,000 70,544 9,066 779,610 44,778 44,778 (1,173,000) 1,000,000 (1,115,222) (114,456) 11,066 (1,391,612) ESTIMATED ENDING CASH BALANCE 9/30/99 RESTRICTED: 3 MONTH OPERATIONS 1,609,898 124,537 30,710 1,120,838 RIGHT -OF -WAY 650,000 CAPITAL REPLACEMENT 1,250,000 1,000,000 GRANT MATCHING 1,000,000 20,000 25,853 DEBT SERVICE 1,835,012 3,345 1,585,233 CUSTOMER DEPOSITS 45,440 UNRESTRICTED 225,885 79,505 546,185 155,291 95,558 1,102,424 10,300,866 EST. CASH BALANCE 9/30/99 4,735,783 1,835,012 144,537 3,345 110,215 4,297,696 155,291 121,411 11,403,290 5/14/99 243 GENERAL CAP PROJ SPEC REV DEBT SVC SELF INS UTILITIES LANDFILL AIRPORT FUND FUND FUND FUND FUND FUND FUND FUND TOTAL CASH BALANCES 10/1198: RESTRICTED: 10,793,494 3 MONTH OPERATIONS 1,609,898 113,137 30,710 1,120,838 RIGHT -OF -WAY 600,000 CAPITAL REPLACEMENT 700,000 3,411,012 1,000,000 GRANT MATCHING 550,000 23,881 DEBT SERVICE 3,345 1,585,233 CUSTOMER DEPOSITS 45,440 UNRESTRICTED 2,782,375 78,505 1,220,285 341,321 89,545 4,512,031 CASH BALANCE 10/1/98 6,242,273 3,411,012 113,137 3,345 109,215 4,971,796 341,321 113,426 15,305,525 PROJECTED NET REVENUE OVER (EXPENDITURES), REVENUE 6,059,199 124,000 158,339 621,622 415,542 3,843,635 107,200 17,250 11,346,787 EXPENDITURES 6,392,689 2,700,000 126,939 621,622 414,542 3,402,513 178,774 20,331 13,857,410 NET 1998 -99 BUDGET: (333,490) (2,576,000) 31,400 0 1,000 441,122 (71,574) (3,081) (2,510,623) ADD -BACK ITEMS - CHANGES IN: DEBT SERVICE PRINCIPAL GRANT MATCH TRANSFERS CAPITAL REPLACEMENTS J -CASH ITEMS: PRECIATION NO AMORTIZATION TOTAL ADD -BACK ITEMS (173,000) (1,000,000) 1,000,000 (1,010,000) (1,010,000) 173,000 0 (850,000) (185,000) (171,000) (1,206,000) 700,000 70,544 9,066 779,610 44,778 44,778 (1,173,000) 1,000,000 (1,115,222) (114,456) 11,066 (1,391,612) ESTIMATED ENDING CASH BALANCE 9/30/99 RESTRICTED: 3 MONTH OPERATIONS 1,609,898 124,537 30,710 1,120,838 RIGHT -OF -WAY 650,000 CAPITAL REPLACEMENT 1,250,000 1,000,000 GRANT MATCHING 1,000,000 20,000 25,853 DEBT SERVICE 1,835,012 3,345 1,585,233 CUSTOMER DEPOSITS 45,440 UNRESTRICTED 225,885 79,505 546,185 155,291 95,558 1,102,424 10,300,866 EST. CASH BALANCE 9/30/99 4,735,783 1,835,012 144,537 3,345 110,215 4,297,696 155,291 121,411 11,403,290 5/14/99 243 CITY OF STEPHENVILLE STATEMENT OF PROJECTED NET REVENUE OVER (EXPENDITURES) -ALL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 1999 NOTE: RECOMMENDED RESERVES FUNDING COMPUTER CONVERSIONS FOR THE YEAR 2000 ($225,000) AND EARLY PAY -OFF OF THE WOLFE NURSERY ROAD NOTE ($58,556) FROM THE GENERAL FUND RECOMMENDED RESERVES FUNDING GARFIELD STORAGE TANK REPAIRS ($235,000), GARFIELD BOOSTER STATION PUMP REHABILITATION ($225,000), SCADA ($150,000), AND THE COLLIER REPORT ($40,000) FROM THE WATER FUND. FUNDING CARRIED FORWARD INTO THIS YEAR INCLUDE RECORDS RETENTION UPDATE($2,650), NEW DUMP TRUCK ACCESSORIES($2,575), AND STREET RECONSTRUCTION PROGRAM ($60,000). EXPENDITURES INCLUDED ALL RECOMMENDED ADJUSTMENTS EXCEPT THE MANAGEMENT AUDIT. 244 5114/99 CAPITAL SPECIAL DEBT SELF GENERAL PROJECT REVENUE SERVICE INSUR UTILITIES LANDFILL AIRPORT FUND FUND FUND FUND FUND FUND FUND FUND TOTAL PROJECTED NET REVENUE OVER(EXPENDITURES)� REVENUE 6,059,199 124,000 158,339 621,622 415,542 3,843,635 107,200 17,250 11,346,787 EXPENDITURES 6,392,689 2,700,000 126,939 621,622 414,542 3,402,513 178,774 20,331 13,857,410 NET BUDGET (333,490) (2,576,000) 31,400 0 1,000 441,122 (71,574) (3,081) (2,510,623) RESERVE FUNDING 283,556 650,000 933,556 1997 -98 PROJECTS APPROVED EXPENDED IN 1998 -99 65,225 65,225 PROJECTED 1998 -99 NET REVENUE OVER (EXPENDITURES): 15,291 (2,576,000) 31,400 0 1,000 1,091,122 (71,574) (3,081) (1,511,842) NOTE: RECOMMENDED RESERVES FUNDING COMPUTER CONVERSIONS FOR THE YEAR 2000 ($225,000) AND EARLY PAY -OFF OF THE WOLFE NURSERY ROAD NOTE ($58,556) FROM THE GENERAL FUND RECOMMENDED RESERVES FUNDING GARFIELD STORAGE TANK REPAIRS ($235,000), GARFIELD BOOSTER STATION PUMP REHABILITATION ($225,000), SCADA ($150,000), AND THE COLLIER REPORT ($40,000) FROM THE WATER FUND. FUNDING CARRIED FORWARD INTO THIS YEAR INCLUDE RECORDS RETENTION UPDATE($2,650), NEW DUMP TRUCK ACCESSORIES($2,575), AND STREET RECONSTRUCTION PROGRAM ($60,000). EXPENDITURES INCLUDED ALL RECOMMENDED ADJUSTMENTS EXCEPT THE MANAGEMENT AUDIT. 244 5114/99 RESOLUTION NO. 19993 OF City of Stephenville, and Texas Local Government Statewide Purchasing Cooperative WHEREAS, the City of Stephenville, local government (hereinafter "Cooperative Member ") desires to participate in the statewide purchasing program of the Texas Local Government Statewide Purchasing Cooperative (hereinafter "Cooperative "), a program created by local governments in accordance with and pursuant to the Interlocal Cooperative Act ( "ACT "), Chapter 791, Texas Government Code. The Cooperative Member, is of the opinion that participation in the Cooperative's purchasing program will be highly beneficial the taxpayers of the local governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Member does request that the Cooperative include its stated needs for all categories of instructional, maintenance, custodial, and food service goods and services, on the Cooperative's Purchasing Program and award contracts for those items, whereby the Cooperative is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Cooperative Members that have elected to participate. The Council of the Cooperative Member does hereby authorize its Mayor, City Administrator or other officer to execute the Interlocal Participation Agreement which includes the adoption and approval of the Organizational Interlocal Agreement previously executed and adopted by two or more local governments. The execution of this Resolution shall evidence the election of Cooperative Member and eligible local governments to become members of the Cooperative upon the terms and conditions stated. The City Council of Stephenville, Texas has, and at the time of adoption of this Resolution had full power and lawful authority to adopt the foregoing Resolution and to confer the obligations, powers, and authority to the persons named, who are hereby granted the power to exercise the same. I certify that the foregoing is a true and correct copy of the resolution duly adopted by the City of Stephenville, local government on the 4`h day of May, 1999, and the same now appears of record in its official minutes. WI Adopted and approved this 4ch day of May, 1999. ATTEST: Cindy St . ord, City SeVdary a �b uim . Reviewed by: Donald B Davis City Administrator Approved as to form and legality by: Randy Thomas, City Attorney TLGSPC 246 RESOLUTION NO. 1999 -4 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION. There came to be considered the returns of an election held on the I" day of May, 1999, for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 1,571 valid and legal votes; that each of the candidates in said election received the following votes: CITY COUNCIL, PLACE 1 CITY COUNCIL, PLACE 3 Dr. Jerry B. Madkins 766 Joel Hillin 893 Ed Horton 789 AI Hoag, Jr. 631 CITY COUNCIL, PLACE 5 CITY COUNCIL, PLACE 7 Michael S. Ables 81 Bea M. Marin 838 K. H. Conatser 643 Bill Hensley 690 Bill Corbin 784 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that: Ed Horton was duly elected to City Council, Place 1; Joel Hillin was duly elected to City Council, Place 3; Bill Corbin was duly elected to City Council, Place 5; Bea M. Marin was duly elected to City Council, Place 7. Said above -named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths of office as provided by the laws of the State of Texas and the Charter of the City of Stephenville, Texas. PASSED AND APPROVED by the City Council of the City of Stephenville, Texas, this the 41" day of May, 1999. ATTEST: Joh oser, Ma or n Previewed by Donald B. Davis, Ci inistrator Approved as to form and legality Randy Thomas, City. Attorney 24"+