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Home My WebLink About1998-08-04 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, AUGUST 4,1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on August 4, 1998, at 7:00 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 Councilmembers Others Attending I. CALL TO ORDER. John Moser Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Moser called the meeting to order at 7:00 p.m. and declared a quorum present. Mayor Moser introduced Dublin's Mayor, Kathleen Prater. Ms. Prater said that she was happy to attend this meeting and looked forward to the Dublin City Council and Stephenville City Council working together on subjects of common interest. II. CITIZENS' GENERAL DISCUSSION Betty Heath reported on the third "First Saturday Musical" which was held on the Downtown Plaza on August 1. She said it was the most successful one with ten musicians and over 50 people in attendance. She thanked Ronnie Isham, Director of Community Services, for his cooperation with preparing the area for this event. General Business Meeting - August 4, 1998 Stephenville City Council Ronnie Isham also advised the council that on September 11, in cooperation with the Student Programming Association at Tarleton State University, an event will be held whereby the community can meet with Tarleton freshmen. The event with include music and a street dance. III. PRESENTATION FROM CROSS TIMBERS FINE ARTS COUNCIL Gayle Trussell reported a very successful 1997 -98 arts year. Eight counties are represented by the CTFAC. Because of the support from Stephenville residents and businesses, most of the events are held in Stephenville. Thirteen of eighteen events held were in Stephenville. The most recent event was "Moosic in the Park" (Fort Worth Symphony performing) on June 21 which drew approximately 3,000 people. Fourteen events are being planned for the upcoming year. Since the amphitheater will be under construction in the park next year, the CTFAC will not hold a "Moosic in the Park ". It is hoped that the amphitheater will be completed in early summer so that monthly events may be sponsored in that facility. Council member Marin moved to formally accept the report (attached). Council member Jergins seconded the motion which passed by unanimous vote. IV. REPORT FROM OMI FOR THE SECOND QUARTER OF 1998 Johnny Davis, Project Manager for OMI at the Stephenville plant, gave this report. He that the Waste Water Treatment Plant (WWTP) had no violations during the second quarter of 1998. Biomonitoring tests met all EPA requirements, and the plant operators have been working of different strategies to enhance plant performance. More than 1300 preventative maintenance tasks have been performed this quarter. Repair expenses are currently at $9,901.03 or 66% of the budgeted $15,000 with three months remaining in the contract year. The WWTP disposed of 98.26 tons of sludge during the second quarter. At present, two individuals (Ty Murray and Ernest Boening) are interested in using their land for beneficial sludge use. OMI is working with the city and TNRCC to explore the possibility of land application of sludge use with interested land owners. Davis also reported that there were no accidents or injuries during the quarter, and more importantly, OMI is accident and injury free since the plant start-up. OMI has hired a person temporarily to assist in building and grounds maintenance. Finally, OMI has implemented the Adopt -a -Spot program. The areas that OMI has adopted are the intersections of Graham/Washington and Graham/College Streets. V. REQUEST FOR WOLFE NURSERY SIGN This item was removed from the agenda. General Business Meeting -- August 4, 1998 Stephenville City Council VI. CONSIDER RENEWING CONTRACT WITH LAWRENCE HANCOCK FOR SEWER EFFLUENT Council member Conatser moved to renew this contract (attached). Council member Hillin seconded the motion which passed by unanimous vote. VII. FINANCE COMMITTEE REPORT A. Northland Cable Television Franchise Council member Shelton reported that this committee received public comment on June 16 regarding the Northland Cable Franchise Agreement. The committee also reviewed a survey of channel selections and costs for cable service. There is a great deal of concern from the public and the committee about the cost, channel selection, and reception of Northland Cable; however, FCC regulations do not allow cities to regulate these items. The committee recommends a 4% franchise fee; 15 -year agreement with a five -year review; and free services for the Public Library, Police and Fire Stations, Senior Citizens Center, Recreation Hall, City Hall, and K -12 schools. Northland Cable has also agreed to provide the necessary equipment to televise city council meetings. B. Year 2000 Compliance Shelton reported that Brady LeBlanc, the city's computer consultant, addressed the Finance Committee, and will report to the fall council in greater detail at a later date. Brady has furnished the council with an ordinance for the year 2000 compliance issues. Council member Shelton moved to adopt ordinance No. 1998 -15 relating to the year 2000 problem. Council member Marin seconded the motion, which passed by unanimous vote. As a result of discussion and concern over the council's understanding of specific elements surrounding the year 2000 compliance, Council member Madkins moved to have city staff contact the Computer Information Services Department at Tarleton State University to ascertain what they might charge in consulting costs to the council. Council member Terrell seconded the motion, which passed by unanimous vote. General Business Meeting - August 4, 1998 Stephenville City Council C. Arbitrage Compliance City Administrator Don Davis explained that "arbitrage" is investing bond proceeds for a greater yield (interest rate) than we are paying. The city bond issues of 1993, 1994, 1996, and 1998 may all be subject to arbitrage. The arbitrage calculations and regulations are technical, and staff wishes to seek assistance from a specialist. A report is required to be filed with the IRS every five years, and this is the anniversary for the 1988 and 1993 issues. Council member Shelton moved to approve the expense of $10, 435.00 to employ Arbitrage Compliance Specialists Incorporated for arbitrage compliance. Council member Marin seconded the motion, which passed by unanimous vote. D. Discuss Audit Procedures VIII. FIRST READING OF THE NORTHLAND CABLE TELEVISION PROPOSED ORDINANCE Mayor Moser announced the first reading of the Northland Cable Television Franchise Ordinance. Northland Cable Manager, Carroll Lee, spoke to those present about some of the technical problems that cable users have been experiencing. Mr. Lee explained that atmospheric pressure is the cause of a lot of the cable users problems, which causes two pictures on the screen at the same time. This is called co- channel, and it is beyond the control of the cable company. IX. SOLID WASTE MANAGEMENT COMMITTEE REPORT -- Household Hazardous Waste Disposal Council member Hillin reported the City of Stephenville has entered into an interlocal agreement with the City of Fort Worth, which allows citizens of Stephenville to dispose of household hazardous waste at the collection center in Fort Worth. A part of the interlocal agreement also included the scheduling of a mobile collection unit to come to Stephenville occasionally to receive household hazardous waste from the citizens. The committee and staff discussed the possibility of scheduling a date for the mobile collection unit to come to Stephenville in the future and also discussed the process by which the program would work. The staff is acquiring more information about the best way the residents could use the mobile unit program. Once the staff has this additional information, this committee will finalize the program. General Business Meeting -- August 4, 1998 Stephenville City Council X. PLANNING AND DEVELOPMENT COMMITTEE REPORT A. Code Enforcement B. Railroad Signalization Council members Jergins made this report. The committee has asked staff to look at other communities that may have a board or commission that oversees code enforcement. A report will be forthcoming concerning those issues. The Harbin Drive extension and railroad signalization of same was also discussed, and the committee took no action. XI. DISCUSS SPRINT SURCHARGE Council member Stanley made an information report, stating that he has visited with Randy Thomas concerning the possibility of getting legal representation for intervention at the meeting of the Public Utilities Commission on October 27. Stanley stated that he has visited with two attorneys in Austin who have practiced before the PUT. -- Robert Burns, Customer Relations Manager with Sprint Telephone, spoke briefly on the intervention process. He said that if the city hires an attorney to fight the surcharge, it will end up costing the taxpayers and Sprint customers. He mentioned four options available to the PUT: 1) leave exactly as originally filed, to take all non- petitioning exchanges and add $3.19; 2) pro rate the amounts so that businesses pay a larger share; 3) take the surcharge already being paid by non - petitioning exchanges and distribute it statewide to all customers; 4) distribute all PUC charges equally statewide and give a larger share to business because they benefit more than residential customers. XIL CITY HALL KEY POLICY Council member Jergins moved to refer this matter to the Public Health and Safety Committee. Council member Madkins seconded the motion, which passed by unanimous vote. General Business Meeting - August 4, 1998 Stephenville City Council _ Council member Jergins moved to approve the Consent Agenda as follows: XIII. CONSENT AGENDA A. Approval of Minutes of the Regular Business Meeting on July 7, 1998 B. Request for Proposal -- Depository Contract C. Seal Coat Bids Council member Conatser seconded the motion, which passed by unanimous roll call vote. XIV. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis mentioned that tonight is National Night Out, a program encouraging neighbors to get to know one another. He said three neighborhoods in Stephenville are observing this event. Davis reported that just over 4 million gallons of water was pumped yesterday, and production is going fairly well. He encouraged citizens to continue with the conservation program that is in place. XV. EXECUTIVE SESSION At 8:47 p.m., Mayor Moser recessed the open portion of this meeting 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 §551.071(l)(A) Private conslutation between the City Council and its attorney to discuss pending or contemplated litigation. Texas Inn delinquent ad valorem tax and hotel/motel occupancy tax XVI. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) At 9:02 p.m. the council returned to open session. No action was taken by the council. General Business Meeting - August 4, 1998 Stephenville City Council XVII. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:02 p.m. ATTEST: /.. .. citylpler etary General Business Meeting -- August 4, 1998 Stephenville City Council Page 1 97 -98 A&W aa/ gew 049, W C aiisrs Fine Arts Conseil, Ise. 711/97 Through 660/98 Sax 1172 aarills, TX 76401 -1172 > Category Description 71197. G0198 INFLOWS EARNED INCOME -60 BBQ and Meeting: interest - Investments 2,107.80 Memorials 100.00 tickets 2,946.00 TOTAL EARNED INCOME40 BBQ and Meeting 5,153.80 Private Support- Individual Donations 27,661.50 UNEARNED INCOME: Eaton Vance 8,000.00 Govmnt Grants 14,171.45 Hotel Motel Tax 19,585.93 Membership 3,550.00 TOTAL UNEARNED INCOME 45,307.38 TOTAL INFLOWS 78122 68 OUTFLOWS ARTIST: Documentation 115.46 Fee 50,403.22 Sub Grant 300.00 r TOTAL ARTIST 50,818.68 ' gr; Employer TaxesBoe.See.WH,Emply.,etc.: Employee Taxes 2,965.20 - Employer Taxes- Soc.Sec.wit,Empiy.,etc. -Other 459.00 TOTAL Employer TaxesSoc.Sec.WH, Emply.,etc. 3,424.20 Members' Gala 1,294.07 OPERATIONS- Business Costs: Bank Charge -Debts to Bank Account 34.06 Insurance 913.88 Maintenance- Repairs, Maintenance 1,511.57 Membership Dues - Affiliation Dues 1,108.05 Miscellaneous 3,740.49 Office Supplies 2,239.57 Postage- Postage Machine Rental 1,658.75 Printing 420.15 - Telephone - Telephones 965-6190,6186 1,43968 TOTAL OPERATIONS- Business Costs 13,066.20 PRODCTN COSTS: advertising 4,995.59 artist annubie 130.00 Space Rental 870.00 technical-Sound, Lighting, 1,157.99 PRODCTN COSTS -Other 206.57 TOTAL PRODCTN COSTS 7,360.15 STAFF SALARY - EMPLOYEE WAGES: �. SWOf1C SEC 459.00 STAFF SALARY - EMPLOYEE WAGES-Other 1,200.00 10,418.40 e. 4 TOTAL STAFF SALARY - EMPLOYEE WAGES 12,077.40 TRANSFER FUNDS 0.00 Unatagorized OutOows 0.00 TOTAL OUTFLOWS 8804070 OVERALL TOTAL 2 - 9,918.02 Page 1 SEWER EFFLUENT PURCHASE CONTRACT STATE OF TEXAS § COUNTY OF ERATH § KNOW ALL MEN BY THESE PRESENTS: The CITY OF STEPHENVILLE, a municipal corporation, acting by and through its Mayor, JOHN MOSER, duly authorized by resolution of the City Council of Stephenville, Texas, and LAWRENCE HANCOCK, have this day entered into the following contract and agreement. The CITY OF STEPHENVILLE agrees to furnish and sell to LAWRENCE HANCOCK sewer effluent from its sewage disposal plant situated south of Stephenville, Texas, on the terms and considerations hereinafter stated. I. Said sewer effluent will be released by the CITY OF STEPHENVILLE into the Bosque River by which it will be transported to the receiving station of LAWRENCE HANCOCK situated on said river and in a southeasterly direction from said plant. Consideration to be paid by LAWRENCE HANCOCK will be $30.00 per acre foot annually. LAWRENCE HANCOCK will pay for a minimum of 15 acre feet annually and will be entitled to receive up to 100 acre feet maximum annually. 2. The effluent received by LAWRENCE HANCOCK will be determined by a meter measuring same of a type to be determined by Willis Environmental Engineering, Inc. Cost of the meter will be paid by LAWRENCE HANCOCK. Lawrence Hancock -Page 1 3. The term of this contract will be for a period of three years beginning with the date of August 15, 1998 and terminating on the same date in the year 2001. Payment by LAWRENCE HANCOCK to the CITY OF STEPHENVILLE shall be in annual payments, the first payment due on January 1, 1999, the second payment due on January 1, 2000, the third payment due on January 1, 2001, and the fourth payment at the end of the three -year term herein provided. LAWRENCE HANCOCK shall have right of refusal to renew this contract for an additional period of three years with the payments and terms thereof to be agreed upon between the City Council of the City of Stephenville, Texas, and Lawrence Hancock. EXECUTED in triplicate this 5th day of August, 1998. CITY OF STEPHENVILLE B 4no , M ayor ATTEST: Ol' S;r., Cindy L. a ord City Sec ary P cUR P� LAWRENCE HANCOCK Lawrence Hancock - Page 2 STATE OF TEXAS § COUNTY OF ERATH § This instrument was acknowledged before me on the 5th day of August, 1998, by JOHN MOSER, Mayor of the City of Stephenville, a municipal corporation, on behalf of said corporation. R• ••R.••R•R.R.R•R•R.NR•R.R•R.•I•♦ • Il Public, State of as R.•.R.R••.R•R.R•R.•.R.R• •RIR.R•R• STATE OF TEXAS § COUNTY OF ERATH § IW � ``1v1v NZ, This instrument was acknowledged before me on the ° ' day of August, 1998, by LAWRENCE HANCOCK. .. ............................... r L ... .......................... : Lawn ce Hancock - Page 3 NOTARY PUMIC. State of ORDINANCE NO. 1998 -15 AN ORDINANCE DIRECTING CITY STAFF TO TAKE THOSE ACTIONS NECESSARY TO ENSURE THAT CITY SERVICES ARE NOT DISRUPTED OR ADVERSLY AFFECTED BY TECHNOLOGY ISSUES RELATED TO THE YEAR 2000 PROBLEM. WHEREAS, many computer and microcomputer programs use dates for calculations and that usage is not standardized, and the transition from the year 1999 to the year 2000 will cause many of these programs to fail or provide false information, and this failure is commonly referred to as the "Year 2000 Problem"; and WHEREAS, the day -to -day operation of the City depends upon the use of computer and microcomputer programs to perform such functions as the dispatching of emergency vehicles, the maintenance of City records, and the management of City funds; and WHEREAS, the Year 2000 Problem could adversely affect the City's ability to provide services to its citizens in an accurate and timely manner; and WHEREAS, the City's staff has been working for some time to ensure such problems do not arise, and the City Council wishes to reinforce its commitment to their effort; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. The City Staff shall complete its final assessment of the potential Year 2000 Problems that exist within the City and present its findings to the Finance Committee during the 1998/1999 budget workshop. SECTION 2. The City Staff shall take the necessary actions to upgrade, repair, and/or replace any hardware and/or software affected by the Year 2000 Problem as directed and funded by the City Council subsequent to the Finance Committee's recommendations to the City Council. SECTION 3. The City Staff shall, upon completion of all upgrades, repairs, and/or replacements, conduct tests to ensure that its efforts to correct any Year 2000 Problems have been successful. The City Staff shall report the results of these tests to the City Council. SECTION 4. The City Staff shall monitor all computer output generated during the month of January of the Year 2000 to ensure that all information is free from any affect of the Year 2000 Problem. This action shall be repeated on February 29 and March lof the Year 2000 to ensure that the Leap Year portion of the Year 2000 Problem has been corrected. PASSED AND APPROVED, this the 4th day of August, 1998. U rxv-�� J Moser, Mayor ATTEST: c Cindy Iffford, Cit Secr n r , Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality October 16, 1997 Mr. Mark Kaiser, CPA, Director of Finance Via Fax (254) 965 -6081 City of Stephenville 298 West Washington Stephenville, Texas 76401 Dear Mr. Kaiser: A R B I T R A G E C O M P L I A N C E S P E C I A L I S T S I N C O R P O R A T E I) 3800 South Albion Street, Suite 200 Englewood, Colorado 80110 -4239 303.756. 5100 Fax: 303. 756. 0901 aeglanal.ndAlal/W ofr e, cd mb'a, Saint cawkw H"m,, Toms U Jda, Ca00.a P&AIna oiagaa Wilmington, Delaware ENGAGEMENT LETTER FOR ARBITRAGE REBATE S RVIACES FOR SERIES 1988 The purpose of this letter is to propose our engagement to prepare arbitrage rebate computations pertaining to the required rebate to the Internal Revenue Service of the United States (the "IR$ ") for the following bond issue (the "Bonds ") on behalf of the City of Stephenville (the "City"). Listed below is the issue requiring computations, and the information required to complete these calculations. Please note that Arbitrage Compliance Specialists, Ines ( °ACS') fees to complete the Stli year and IOth year Reports can be paid from the interest earnings from the bond proceeds of these Bands. In addition, for all future rebate reports the City may want to arrange for ACS's services through your investment advisor, Patterson & Associates. ACS would act as an independent arbitrage compliance subcontractor to Patterson & Associates which could result in a tax advantage to the City. City of Stephenville Bond Series 1988 1s1 Report 1988 - 1993 5th Year Report as required by the One -Tune Initial Set -up Legal Fee Base Fee (Report fee for 1st annual period) Extension Fee ($575 per year for reports in excess of 1 year; 4 additional years) Rebate Report Filing to IRS SUBTOTAL o - rvm r ear `-` as required by the IRS Base Fee (Report fee for Ist annual period) Extension Fee ($500 per year for reports in excess of 1 year; 4 additional years with investments in the reserve fund only) Rebate Report Filing to IRS SUBTOTAL Future Reports The above fees would also apply. GRAND TOTAL $ 250 1,195 2,300 O 37 5 $1,195 2,000 O 31 95 —, Footnotes for pricing: OIfRebate is owed to the IRS the fee for the 5th year, 10th year or final Rebate Report filing to the IRS is $200. No fee will be charged for Reports that do not owe. ` Optional Charges for all issues, if applicable: $100 per hour - Umammingling of any funA accounts or investments, as required We will need one copy of the Official Statement, Non - Arbitrage Tax Certificate, IRS Form 8038 -G and investment data by date, by fund and on a cash basis for the computation periods listed. Please call me when you are compiling this data if you have any questions. In conjunction with this engagement, we will provide a special report opining to the rebate liability for the Bonds for each five -year Computation Period. We appreciate the opportunity to provide assistance to the City of Stephenville. If we may be of further assistance or if you have any questions, please do not hesitate to call me at (800) 672 -9993. Very truly yours, Arbitrage Compliance Specialists, Inc. Janet P. Sacks, Director Please acknowledge acceptance of this engagement by signing and returning one copy of this letter to Arbitrage Compliance Specialists, Inc. pted