HomeMy WebLinkAbout1993-11-27 - Special City CouncilMINUTES OF SPECIAL MEETING
- City of Stephenville - City Council
TUESDAY, NOVEMBER 23, 1993 - 5:30 P.M.
The City Council of the City of Stephenville, Texas, convened in special session
on November 23, 1993 at 5:30 p.m., in the Council Chambers at City Hall, 354 N.
Belknap, with the meeting being open to the public and notice of said meeting,
giving the date, time, place and subject thereof, having been posted as
prescribed by Article 6252 -17, Section 3A, V.T.C.S., with the following members
present, to wit:
Mayor: Lavinia Lohrmann
Mayor Pro Tem: Scott Evans
Councilmembers: Alan Nix
Donald L. Zelman
Sam Taylor II
Billy Bob Hodges
Bill Bailey -5:45 pm
Absent: Councilmen John Wooley and Bill Johnson
Others Attending: Don Davis, City Administrator
Joyce Pemberton, City Secretary
Randy Thomas, City Attorney
I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and
- declared a quorum present.
II. CITY /COUNTY CONTRACTS.
Don Davis, City Administrator, explained that copies of the five contracts
had been delivered to the Council Monday. At your table tonight, are
revised copies of the Fire Suppression and EMS contracts.
City Attorney Randy Thomas explained that on the EMS contract the changes
are in #3, #4 and the last sentence in #5. On #3, provides for notifica-
tion to the Sheriff's office of any EMS incident. On #4, is a general
statement of taking reasonable and professional actions under the
contract. The last paragraph /sentence in #5 provides charging the same
base rate to city and county residents.
The two changes to the Fire Suppression contract are in #4 and #5. They
are the same as in the EMS contract, which provides notice to the
Sheriff's office and the reasonable and professional manner. Also,
Councilman Nix had requested that the amounts be payable in "equal"
monthly installments.
Mr. Thomas said that under the Jail Services, Councilman Nix had
suggested that in #7 it read "county agrees to maintain and provide proof
of insurance" on the jail to cover maximum liability.
Councilman Taylor moved that the Council approve the agreement for jail
services, the agreement for Municipal Court, the agreement for assessment
and collection of taxes, the agreement for emergency medical services,
and the agreement for fire suppression between the City of Stephenville
and Erath County, together with the changes that have been discussed and
set forth by Randy and the approval that we vote today will be contingent
upon the County approving the contracts as amended and changed and upon
them approving all five of them at their next regularly scheduled meeting.
Seconded by Councilman Zelman. The motion carried UNANIMOUSLY by those
members present.
III. WATER PLANNING COMMITTEE REPORT.
Don Davis, City Administrator, reported the Water Planning Committee met
to consider Change Order #3 to the Northeast Area Interceptor Wastewater
Main project and is recommending approval. Mr. Davis also stated that
$1,567,000 was budgeted for these improvements. The final amount came in
at $1,266,000, which is approximately $300,000 under budget. The total
amount includes all the engineering, surveying, acquisition of easements,
and the three change orders. He commended Danny Johnson, Bob Self and
Venus Construction Co. for a job well done.
Councilman Evans moved approval of Change Order #3 in the amount of
$21,447.37, as recommended by the Water Planning Committee. Seconded by
Councilman Hodges. The motion carried UNANIMOUSLY.
IV. CONSENT AGENDA:
Councilman Nix moved approval of the Consent Agenda, as listed below.
Seconded by Councilman Evans. The motion carried UNANIMOUSLY by a roll
call vote.
A. BID SPECIFICATIONS FOR APPROVAL.
1. Asphalt
2. Aggregate, Hot Mix, Base
3. 1994 Skid Steer Loader
B. PLANNING AND ZONING COMMISSION RECOMMENDATIONS:
1. Approval of Final Plat of a Replat of Lot 1, Block 84, City Addition
and part of Lot 1, Block 13, Sims Addition.
2. Approval of Site Development Plan for Lot 5, Block 84, City Addition.
3. Approval of Site Development Plan for Lot 1A, Block 92, City Addition.
V. EXECUTIVE SESSION
A. Status update on the pending suit of Don Blackwell vs. City of
Stephenville.
B. Status update on the Jones /Gardner vs. City of Stephenville lawsuit.
110M
VI. ACTION TAKEN, if any, on matters discussed in executive session.
A. Status update on the pending suit of Don Blackwell vs. City of
Stephenville.
No action taken.
B. Status update on the Jones /Gardner vs. City of Stephenville lawsuit.
No action taken.
There being no other business to come before the Council at this time, Mayor
Lohrmann adjourned the meeting at 6:15 p.m.
ST:
JOY56 Pemberton, City Secretary
i
- 91 -
Lavinia Loffrmann, Mayor
0
AGREEMENT FOR FIRE SUPPRESSION
BETWEEN
ERATH COUNTY
AND CITY OF STEPHENVILLE
THIS IS AN AGREEMENT for Fire Suppression between Erath
County, Texas, hereafter County, and the City of Stephenville,
Texas, hereafter City, each acting herein by and through its duly
authorized officials.
For and in consideration of the mutual benefits stated herein
the parties hereto agree to the following terms and conditions:
1. City agrees to assume primary responsibility for fire
suppression for the area within the boundaries of Erath County,
Texas, except for the area in the County within the Dublin
telephone exchange, said area to be the primary responsibility of
the Dublin Fire Department.
2. City shall dispatch the number of fire units to each fire
incident as it deems appropriate on a case by case basis and
completely at City's discretion.
3. City shall utilize professional and volunteer firemen as
it deems appropriate, at its discretion.
4. City shall immediately notify County through its Sheriff's
office of each fire incident to which it dispatches fire units.
5. All of City's actions hereunder shall be performed in a
reasonable and professional manner.
6. County agrees to pay City for fire suppression services
based on the following
schedule:
Fiscal
year
93 -94
$ 64,000.00
. -; Fiscal
year
94 -95
$ 77,600.00 -
Fiscal
year
95 -96
$ 91,200.00
Fiscal
year
96 -97
$104,800.00
Fiscal
year
97 -98
$118,400.00
Fiscal
year
98 -99
$132,000.00
The above amounts shall be payable in equal monthly
installments. Each payment shall be made on or before the
fifteenth day of each month that this agreement is in effect.
7. This agreement shall be extended from fiscal year to
fiscal year after the fiscal year 98 -99 upon the terms for fiscal
year 98 -99 unless one of the parties hereto cancels this agreement
by giving the other party written notice of intent to cancel at
least 90 days before the beginning of an extension year.
8. To the extent allowed by law each party to this agreement
will indemnify and hold the other party harmless from and against
any and all loss, damage, liability, claim or injury resulting from
all action performed by that party or its agents in connection with
this agreement.
9. It is expressly understood and agreed that in the
execution of this agreement, neither County nor City waives nor
shall be deemed hereby to waive any immunity or defense that would
otherwise be available to it against claims arising in the
execution of governmental powers and functions.
10. Any amendments, alterations, deletions or waiver of
provisions of this Agreement shall be valid only when expressed in
writing.
11. Except as otherwise provided in this Agreement all notices
required or permitted herein shall be in writing and shall be
deemed to be delivered when deposited in the United States mail,
postage prepaid, registered or certified mail, return receipt
requested to the Party's office or usual mailing address.
12. This Agreement shall be binding upon the parties, their
I
legal representatives, successors and assigns.
13. It is understood and agreed that the entire agreement of
the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject
matter hereof.
14. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this
Agreement is for any reason held to be contrary to law or contrary
to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of the Agreement.
EXECUTED this /7 day of X�� 1993.
ATTEST:
ethB B� arber, County Attorney
COUNTY:
BY: - z
Bill M. Hailey, Csyanty Judge
CITY:
BY(
�
Lavinia Loflrmann, Mayor
AT T:
J c emberton, City Secretary
APPRO P. / w � - \
Don Davis, ityf Administrator
Randy Thomasity — rney
I
AGREEMENT FOR EMERGENCY MEDICAL SERVICES
BETWEEN
ERATH COUNTY
AND CITY OF STEPHENVILLE
THIS IS AN AGREEMENT for Emergency Medical Services between
Erath County, Texas, hereafter County, and the City of
Stephenville, Texas, hereafter City, each acting herein by and
through its duly authorized officials.
For and in consideration of the mutual benefits stated herein
the parties hereto agree to the following terms and conditions:
1. City agrees to assume primary responsibility for Emergency
Medical Services for the area within the boundaries of Erath
County, Texas, except for the area in the County within the Dublin
telephone exchange, said area to be the primary responsibility of
Dublin Emergency Medical Services.
2. City shall dispatch the number of Emergency Medical
Service units to each incident as it deems appropriate on a case by
case basis and completely at City's discretion.
3. City shall immediately notify County through its Sheriff's
office of each Emergency Medical Service incident to which it
dispatches EMS units.
4. All of City's actions hereunder shall be performed in a
reasonable and professional manner.
5. County agrees to pay City for Emergency Medical Service
runs based on the following schedule:
Fiscal
year
93 -94
$
150
per
run
Fiscal
year
94 -95
$
160
per
run
Fiscal
year
95 -96
$
170
per
run
Fiscal
year
96 -97
$
180
per
run
Fiscal
year
97 -98
$
190
per
run
Fiscal
year
98 -99
$
200
per
run
I
The above amounts shall be payable each month as billed.
i
Each payment shall be made within 15 days of notification of
such amount for each month.that this agreement is in effect.
In addition to the above amount City shall have the right to
bill the individual patient for each Emergency Medical Service run
and to retain any collections for said runs.
City agrees to charge the same Emergency Medical Service base
rate to City and County residents.
6. This agreement shall be extended from fiscal year to
fiscal year after the fiscal year 98 -99 upon the terms for fiscal
year 98 -99 unless one of the parties hereto cancels this agreement
by giving the other party written notice of intent to cancel at
least 90 days before the beginning of an extension year.
7. To the extent allowed by law each party to this agreement
will indemnify and hold the other party harmless from and against
any and all loss, damage, liability, claim or injury resulting from
all action performed by that party or its agents in connection with
this agreement.
8. It is expressly understood and agreed that in the
execution of this agreement, neither County nor City waives nor
shall be deemed hereby to waive any immunity or defense that would
otherwise be available to it against claims arising in the
execution of governmental powers and functions.
9. Any amendments, alterations, deletions or waiver of
provisions of this Agreement shall be valid only when expressed in
writing.
10. Except as otherwise provided in this Agreement all notices
— required or permitted herein shall be in writing and shall be
deemed to be delivered when deposited in the United States mail,
postage prepaid, registered or certified mail, return receipt
requested to the Party's office or usual mailing address.
11. This Agreement shall be binding upon the parties, their
legal representatives, successors and assigns.
12. It is understood and agreed that the entire agreement of
the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject
matter hereof.
13. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this
Agreement is for any reason held to be contrary to law or contrary
to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of the Agreement.
EXECUTED this 17 day of & Li , 1993.
COUNTY:
BY: ��C/ /// Z,44
Bill M. Hailey, Co Judge
ATTEST:
Bet arber, County Attorney
CITY:
BY•
avinia Lohrmann, Mayor
A E T:
w 2Lcz�-
Joy e Pemberton, City Secretary
APPR ED:
Don Davis, City Administrator
Randy Thomas, City Attorney
I
AGREEMENT FOR JAIL SERVICES
BETWEEN
THE COUNTY OF ERATH
AND
CITY OF STEPHENVILLE
THIS IS AN AGREEMENT for Jail Services between Erath County,
Texas, hereafter County, and the City of Stephenville, Texas,
hereafter City, each acting herein by and through its duly
authorized officials.
For and in consideration of the mutual benefits stated herein
the parties hereto agree to the following terms and conditions:
1. County will house, support, and confine in the Erath
County Jail, all persons arrested by a City police officer and
charged with an offense within the jurisdiction of the municipal
court. Said person is to be classified a City prisoner. Persons
arrested by a City police officer and charged by complaint with an
offense within the jurisdiction of the Erath County Court at Law,
or Erath County District Court shall be classified a County
prisoner.
2. It is mutually agreed that upon presentation to the jail
by a City police officer of a City prisoner, preparation of an
arrest report and delivery of prisoner property to a County Jailer,
Sheriff shall be responsible for the care and custody of the City
prisoner and book the City prisoner into the Erath County Jail.
Sheriff shall not release from custody a City prisoner who has been
booked into the Erath County Jail until his discharge from custody
is lawful or bail bond is furnished through Municipal Court.
3. County will process all prisoners through its
identification procedures and after booking said prisoners into the
I
Erath County Jail will fingerprint and photograph all City
prisoners. City will hold and be responsible for the property of
all City prisoners until said property has been inventoried and
accepted by the County Jailer, prior to medical screening, body
search, and fingerprinting.
4. County will provide City access to prisoners in Erath
County Jail for purposes of interrogation, interviews, and other
criminal processing.
5. City agrees to pay County the actual cost incurred for
jail services for City's prisoners which is agreed to be forty
dollars ($40.00) per day for each prisoner. A day shall be defined
as any consecutive twenty -four hour period or any part thereof.
City shall pay to County amounts due hereunder in monthly payments.
Each payment shall be made on or before the fifteenth day of each
month following services that this Agreement is in effect.
6. To the extent allowed by law each party to this agreement
will indemnify and hold the other party harmless from and against
any and all loss, damage, liability, claim or injury resulting from
all action performed by that party or its agents in connection with
this agreement.
7. County agrees to maintain and furnish proof of insurance
upon its jail to cover maximum liability of County, if any, under
the so- called Texas Torts Claims Act as it exists and as it may be
amended from time to time.
8. It is expressly understood and agreed that, in the
execution of this Agreement, neither County or City waives or shall
Y
be deemed hereby to waive any immunity or defense that would
I
otherwise be available to it against claims arising in the exercise
of governmental powers and functions.
9. The term of this .Agreement shall begin October 1, 1993,
and terminate December 31, 1994.
10. Any amendments, alterations, deletions or waiver of the
provisions of this Agreement shall be valid only when expressed in
writing by the governing bodies of both parties.
11. Except as otherwise provided in this Agreement all notices
required or permitted herein shall be in writing and shall be
deemed to be delivered when deposited in the United States mail,
postage prepaid, registered or certified mail, return receipt
requested, to the Party's office or usual mailing address.
12. This Agreement shall be binding upon the parties, their
legal representatives, successors and assigns.
13. It is understood and agreed that the entire agreement of
the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject
matter hereof.
14. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this
Agreement is for any reason held to be contrary to law or contrary
to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of the Agreement.
EXECUTED this 17 day of 1993.
COUNTY:
BY. 4e % z _
Bill M. Hailey, Coun Judge
ATTEST:
% % &� a?G�C%eor -
Nelda Crockett, County Clerk
ra
Coffee,
er, County Attorney
CITY:
Lavinia L mann, Mayor
ATTEST:
CurltJ
yc Pemberton, City Secretary
APP O
Don Davis, City Administrator
Randy Th-oTrras, City Attorney
3
AGREEMENT FOR MUNICIPAL COURT
BETWEEN
THE COUNTY OF ERATH
AND
CITY OF STEPHENVILLE
THIS IS AN AGREEMENT For Municipal Court between Erath County,
Texas, hereafter County, and the City of Stephenville,Texas,
hereafter City, each acting herein by and through its duly
authorized officials.
For and in consideration of the mutual benefits stated
herein the parties hereto agree to the following terms and
conditions:
1. County agrees to perform for City all the duties relating
to the municipal court, with such jurisdiction, powers, procedures,
and duties as are given and prescribed by the laws of the State of
Texas for municipal courts.
2. City hereby designates the Justice of the Peace, Precinct
1, of the County of Erath, Texas, as its municipal judge for all
purposes under the City of Stephenville Charter.
3. County shall collect current and delinquent fines
owing to the City as provided in this agreement. Justice of Peace,
Precinct One, acting as Judge for City agrees to abide by any
delinquent fine collection contracts that City may enter into. All
costs and fines imposed by the Municipal Court shall be paid into
the City treasury for use and benefit of City except for warrant
fees collected by County which shall be paid to County upon proper
application to City.
4. County shall provide the City Council of the City of
Stephenville with a monthly report, which report shall include all
amounts collected by County for City, all amounts remitted to City,
all sums withheld from City, and a summary of the Court's
activities under the provisions of this Agreement. County further
agrees to provide any other reports that City may reasonably
require concerning Municipal Court.
5. City shall pay County thirty thousand dollars ($30,000.00)
per year for the cost of performing the services specified in this
agreement. This amount shall be paid in monthly payments of two
thousand five hundred dollars ($2,500.00). Each payment shall be
made on or before the fifteenth day of each month that this
Agreement is in effect.
6. Fines collected for City shall be remitted to City on a
weekly basis.
7. Neither County nor the Municipal Judge shall be liable to
City for any failure to collect fines unless the failure to collect
the fines results from some failure on the part of the Municipal
Judge to perform the duties imposed by Law and by this Agreement.
8. Payments by City for services under this Agreement shall
be made from current revenues as specified by this agreement and
state statute.
9. To the extent allowed by law each party to this agreement
will indemnify and hold the other party harmless from and against
any and all loss, damage, liability, claim or injury resulting from
all action performed by that party or its agents in connection with
this agreement.
10. It is expressly understood and agreed that, in the
execution of this Agreement, neither County nor City waives or
I
shall be deemed hereby to waive any immunity or defense that would
otherwise be available to it against claims arising in the exercise
of governmental powers and functions.
11. The term of this Agreement shall begin October 1, 1993,
and terminate December 31, 1994.
12. Any amendments, alterations, deletions or waiver of the
provisions of this Agreement shall be valid only when expressed in
writing by the governing bodies of both parties.
13. Except as otherwise provided in this Agreement all notices
required or permitted herein shall be in writing and shall be
deemed to be delivered when deposited in the United States mail,
postage prepaid, registered or certified mail, return receipt
requested, to the party's office or usual mailing address.
14. This Agreement shall be binding upon the parties, their
legal representatives, successors and assigns.
15. It is understood and agreed that the entire agreement of
the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject
matter hereof.
16. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this
Agreement is for any reason held to be contrary to law or contrary
to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of the Agreement.
EXECUTED This 17 day of 1993.
COUNTY:
BY • ffy�i�
Bill M. Hailey, C ty Judge
ATTEST:
Nelda Crockett, County Clerk
APPRO,yED: yn /
Sarah Mille— r � Justi e of the Peace
Bet Barber, County Attorney
CITY:
- 'Lavinia Loh-thann, Mayor
; ST'
o¢ Pemberton, City Secretary
AP &D:
Don Davis, City Administrator
Randy Th mas, City Attorney
AGREEMENT FOR ASSESSMENT AND COLLECTION OF TAXES
BETWEEN
THE COUNTY OF ERATH
AND
THE CITY OF STEPHENVILLE
THIS IS AN AGREEMENT for Assessment and Collection of Taxes
between Erath County, Texas, hereafter County, and the City of
Stephenville, hereafter City, each acting herein by and through its
duly authorized officials.
For and in consideration of the mutual benefits stated herein
the parties hereto agree to the following terms and conditions:
1. County shall collect current and delinquent ad valorem
taxes owing to City as hereinafter provided in this Agreement.
County further agrees to perform for City all the duties relating
to the assessment and collection of taxes for City provided by the
laws of the State of Texas for the Assessment and Collection of
said taxes.
2. City hereby designates the Tax Assessor - Collector of
County as its tax assessor and tax collector for all purposes under
the Property Tax Code, State of Texas.
3. County shall provide the City Council of the City of
Stephenville with a monthly report, which report shall include all
amounts collected by County for City, all amounts remitted to City
and all sums withheld from City under the provision of this
Agreement.
4. City agrees to pay County eighty cents per parcel of land
for each year each parcel of land has taxes assessed due and
collected. City shall pay to County the total amount due County
for the assessment and collection of City's taxes each month as
billed. Each payment shall be made within 15 days of notification
of such amount for each month that this Agreement is in effect.
5. The current taxes.collected for City shall be remitted to
City on a daily basis. Delinquent taxes collected for City shall
be remitted to City on a monthly basis.
6. Neither County nor County Tax Assessor - Collector shall be
liable to City for any failure to collect taxes unless the failure
to collect the taxes results from some failure on the part of the
County Tax Assessor - Collector to perform the duties imposed by Law
and by this Agreement.
7. Payments by the parties for services under this Agreement
shall be made from current revenues available to the parties.
B. Authorized refunds to property owners shall be made on the
same check for all taxing units contracting for assessment and
collection services with County. Such changes include, but are not
limited to, late exemption claims, clerical errors, overpayments,
etc. (this shall not include refunds that are out of this scope
such as appraisal district refunds, etc.). The amount of City's
refund shall be remitted by City to County within 15 days of
notification of such amount. Such refunds shall be reported in
detail in the monthly report furnished by County to City.
9. To the extent allowed by law each party to this agreement
will indemnify and hold the other party harmless from and against
any and all loss, damage, liability, claim or injury resulting from
all action performed by that party or its agents in connection with
this agreement.
I
10. It is expressly understood and agreed that, in the
execution of this Agreement, neither County or City waives or shall
be deemed hereby to waive any immunity or defense that would
otherwise be available to it against claims arising in the exercise
of governmental powers and functions.
11. The term of this Agreement shall begin October 1, 1993,
and terminate December 31, 1994.
12. Any amendments, alterations, deletions or waiver of the
provisions of this Agreement shall be valid only when expressed in
writing by the governing bodies of both parties.
13. Except as otherwise provided in this Agreement all
notices required or permitted herein shall be in writing and shall
be deemed to be delivered when deposited in the United States mail,
postage prepaid, registered or certified mail, return receipt
requested, to the party's office or usual mailing address.
14. This Agreement shall be binding upon the parties, their
legal representatives, successors and assigns.
15. It is understood and agreed that the entire agreement of
the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject
matter hereof.
16. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this
Agreement is for any reason held to be contrary to law or contrary
to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of the Agreement.
EXECUTED this 17 day of U _ , 1993.
COUNTY:
By:
Bill M. Hailey, Cou y Judge
ATTEST:
Nelda Crockett, County Clerk
APPROVED:
/ �.
nnifet Schlicke, Erath County
I�Ax
Beth Barber, County Attorney
CITY:
By,
7
��avinia Lohrignn, Mayor
TE T:
yce Pemberton, City Secretary
AP tz D: Don
avis, �py llY" ""
iit Administrator
Randy Thomas, City Attorney