HomeMy WebLinkAbout1980-09-09 - Regular City CouncilW71
REGULAR SESSION - TUESDAY
SEPTEMBER 9, 1980 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, met in Regular
Session Tuesday, September 9, 1980 at 7:00 p.m. with Mayor Joe F. Cummings
present and presiding.
MEMBERS PRESENT:
Mike Leese Raymond Anderson
W. M. Irwin E. W. Ferguson
William: -G. Brede Larry Hammett
Charles Riggins David Clayton
MEMBERS ABSENT: NONE
OTHERS ATTENDING:
City Administrator Kurt Ackermann
City Secretary Joyce Pemberton
Director of Public Works R. Y. Gann
City Attorney Joseph Chandler
Chief of Police Mike Watkins
Fire Marshall Kenneth Haley
Mr. Gerald Cook
Mr. Pete Tort
Mr. Jim Nichols
Mr. James Gryder
Members of the press and many others
Mayor Cummings called the meeting to order and declared a quorum present.
ITEM I: APPROVAL OF THE MINUTES
Councilman Irwin moved, seconded by Councilman Hammett, that the
minutes of the meetings of August 5th, 21st and 29th, 1980, be approved
as written. Motion carried unanimously.
911TO u
.L TO PURCHASE A 9' x 96' STRIP OF
City Administrator Kurt Ackermann advised that, according to plats of
the area, Mr. Dowell had built a house on the street right -of -way. He
said he had advised Mr. Dowell to secure a survey which would present the
actual location of the house.
Mr. Dowell did not get the survey and requested this to be postponed
until a later date when he had obtained the survey.
ITEM III: PLANNING & ZONING C014MISSION RECOMMENDATIONS -- #55
After some discussion, Mayor Cummings set the next regular council
meeting of October 7, 1980 at 7:00 p.m. in the Council Chambers as the
date, time and place for a public hearing to consider the recommendations
from the Planning & Zoning Commission regarding the rezoning of the
following property:
a.
From
R -1
to
B -1
- The
north 83' of Lot
31,
Block 134, City Addition.
b.
From
R -1
to
B -1
- Lots
2 and 3A, Block
63,
City Addition.
C.
From
R -1
to
B -1
- 1.6
acres of the Old
Dump
Ground.
ITEM IV: ACCEPT INDUSTRIAL BONDS FOR FMC - #131
Mr. Gerald Cook,-manager of the Chamber of Commerce, presented each
member of the council with a copy of a "CERTIFICATE FOR RESOLUTION APPROVING
AN AGREEMENT BY STEPHEVILLE INDUSTRIAL DEVELOPMENT CORPORATION" to issue
bonds for FMC Corporation in the amount of $9,000,000 and the "BOND
RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS ". Mr. Cook
explained that these papers must be approved by the City Council
before they may appear before the Texas. Industrial Commission. That
this would be the last time they would need to come before the Council
with regard to the Industrial Revenue Bonds for FMC Corporation.
Mr. Cook explained that The Stephenville Industrial Development
Corporation is requesting council approval of the loan agreement between
the Industrial Development Corp. and FMC Corporation, the Resolution
authorizing issuance of the Revenue Bonds and the execution of the
trust debenture. The next step will be presentation to and approval of
the Texas Industrial Commission.
Mr. Cook introduced Pete Tort who was designated bond counsel for
this project and Richard Huff, representing the Stephenville Industrial
Development Corporation's general counsel.
Mr. Pete Tort came before the Council and explained that this is a
single fully registered bond and has been sold or placed with Republic
Bank of Dallas. The Republic Bank will be the trustee and paying agent.
The "trust indenture" is a trust of two accounts: (1) the debt service
account which is the fund by which Republic Bank holds and FMC is mak-
ing principle and interest payments into that fund. (2) The construc-
tion fund of which all the bond proceeds are placed in it and Republic
Bank holds that fund and under requisitions, which the bank approves,
submitted by FMC, will permit withdrawls from that fund. The "Loan
Agreement" is the heart of the security. It is thei!promise to pay
by FMC as a direct obligation of FMC to the Stephenville Industrial
Development Corporation which has been assigned to the benefit of the
Republic Bank, consequently the transaction is that FMC has executed
a loan agreement which obligates them to make debt — service payments
which have been assisgned and will be paid directly into Republic
Bank. Republic Bank also holds the construction fund from which all
bond proceeds will be dispensed. Pursuant to the act, the form of the
bond states therein that this bond is not payable or could not be made
payable from any taxes nor is it an obligation or liability of the
State of Texas, of any political subdivision or the City of Stephenville.
It clearly states in the form of the bond as it states in the act that
this is an obligation only of FMC Corporation.
City Attorney Joseph Chandler stated that he had not read these in
struments, but that he had talked by telephone with Mr. Elbert Morrow
about them and it was his opinion that said Resolutions and agreements
were in order and ready for execution, if the Council so desired.
Councilman Irwin asked Mr. Tort about the liability of the council -
members and the Industrial Development Corporation boardmembers liability
in terms of gross negligence as discussed in the 1/23/80 council meeting.
Mr. Tort replied that as far as any question of personal liability as of
a member of the council or any board, the best defense at all times would
be to have expert counsel advising you at all times.
Mr. Richard Huff advised that the Stephenville Industrial Development
Corporation's Board of Directors has discussed liability insurance and
it is their intention to obtain such insurance. The question would be
"what is gross negligence ?" This type of insurance is extremely hard to
obtain.
After more discussion, Councilman Riggins moved, seconded by Council-
man Leese, that the Resolution accepting the Industrial Revenue Bonds
for FMC Corportation be approved � -presented. Motion carried unanimously
EXHIBIT A
ME".''- OR=VDUM OF AGREE "?NT
THIS PGREE"ENT is entered into by and bet;aeen
Stephenville Industrial Development Corporation.
(the "Corporaticn "), and FMC Corporation
(the "Company "), a cor-)cratlon duly incorporated
under the laws
of the State of 19P10 weec and fully qualified to transact
business in the State of Texas, nor the purpose or securing
the agreement of the Corporation to issue its revenue bonds
(the "Bonds ") for the purpose of financing certain industrial,
manufacturing or commercial facilities (the "Facilities ")
for the use of the Company, such Facilities to be located wholly
or partly within the boundaries of the City of Stephenville, Texas,
(the "Governmental unit ").
(a) The obligationsof the parties hereunder are contingent
upon obtaining prior to the issuance of the Bonds, a ruling
from the Internal Revenue Service to the effect that interest
on the Bonds will be exempt from -federal income tax under
Section 103(b)(6) of the Internal Revenue Code of 1954, as
amended, if in the opinion of Bond Counsel such a ruling is
required, and upon obtaining such other rulings, approvals,
consents, certificates, opinions of counsel and other instru-
ments and proceedings as may be deemed necessary by the Company
or Bond Counsel with respect to the Facilities, the Bonds or
any instrument relating thereto, from such governmental agencies
and entities as may possess, or may have asserted authority or
jurisdiction over or interest in matters pertaining to the
Facilities, all of which shall be in full force and, �.effect at
the time of the issuance of the Bonds.
(b) Substantially all of the proceeds of the Bonds shall
be used solely to fina ^.ce the acquisition, construction and
improvement of the Facilities, or a portion thereof, as generally
described in Schedule A attached hereto and hereby made a part
hereof.
(c) The Bonds s:,all be in an aggregate principal amount of
not t0 ei:C °ed Ten '•_'111! ion Dollars (° /O, n:Q�, ���) cnt- Shall be
issued in one or more series, but only pursuant to a
resolution or resolutions of the Corporation's Board of Directors
which will be approved as to form by Bond Counsel. Subject to
the terms hereof, the Corporation agrees as follows:
(1) To issue the Bonds and, if the Company and
the Corporation agree, other evidences of indebtedness.
providing temporary financing of the Facilities which
will be issued after the date hereof and be refunded`
by the Bonds pursuant to legislation heretofore or
hereafter enacted which may provide a suitable method
of tax exempt bond financing. The Bonds shall be issued
in an aggregate principal amount not to exceed the then
estimated cost of the Facilities, including the costs
of issuance.
(2) 20 cooperate with the Company with respect, to
the issuanca a-;d sale of t?-:e Bonds, and, if arrangements
therefor sa_isfactory CO the Conpany and the Corporation
can be rade, t:ne Ccrpo.atic- •.aiiI autm.crize the execution .
c
of such doc; =.e��s an.. ill tame such further action as may
be necessary or advisable for the authorization, issuance
and sale of the Bonds and the completion of the Facilities.
(3) To take such actions and execute such documents'
as may be necessary and as may be agreed upon between the
Company and the Corporation to permit the issuance from
time to time in the future of additional Bonds on terms
which shall be set forth therein ,whether pari passu with
other series of Bonds or otherwise, for the purpose of
defraying the cost of completions, enlargements, improve-
ments and expansions of the Facilities, or.any segment
thereof, as requested by the Company, and within the
limitations of Section 103(b)(6) of the Internal Revenue
Code of 1954, as amended.
(d) The Company and the Corporation will enter into a
contract under the terms of which the Company will unconditionally
obligate itself to pay to the Corporation (or a trustee, as
the case may be) su.^ =s sufficient in the aggregate to pay the
principal of, interest on and redemption premiums, if any,
together with trustee's fees and fees of paying agents, with
respect to the Bonds, as and when the same become due and
payable.
(e) Provisions shall be made in each resolutz'on of
the Corporation's Board of Directors providing for issuance of
the Bonds for parent to the Corporation from the proceeds of
the Bonds of an anount equal to all costs incurred by it
(including legal fees) in connection with the issuance and
sale of the Bor.'--s.
(f) Should. no Bonds have been issued pursuant he. on
or before five -:ears from the date hereof, the Corporation's
c,blioat,o .o Bonds s`.-iall cease, and the Company shall
pay to the Corporation an amount equal to all coats, direct
and indirect, incurred by the Corporation in negotiating
contracts hereunder, in acquiring and constructing facilities
and in preparing for issuance of Bonds which are not actually
issued; and the Corporation shall transfer to the Company good
title to all real or personal property theretofore transferred
by the Company to the Corporation and all other real or personal
property acquired by the Corporation with any funds advanced
to the Corporation by the Company hereunder.
(g) Upon completion of the acquisition, construction
and improvement of the Facilities, they shall be operated
and maintained by the Company without cost or expense to the
Corporation.
(h) The Co- -:pan: agrees to (a) pay all Project Costs (as
iefined by the Development Corporation Act of 1979) which are
not or cannot be pai� or rei -b -sed from the proceeds of
bonds, and (b) at all t'_ -es, =o inder.,nify and hold ha -;less
the Corporation against all losses, costs damages, expenses
and liabilities of ^atsoeve-_ nature (including but not
limited to attorney's fees, lit i ation and court costs, amounts
paid to settlement and amounts paid to discharge judgments)
directly or indirectly resulting from arising out of or
related to the issuance, offering, sale or delivery of the
bonds, or the design, construction, installation, operation,
use occupancy, maintenance or ownership of the Facilities.
(i) In addition to the payments provided for above, the
Company shall pay to the Corporation, from the proceeds of
the Bonds or other -wise as agreed upon, all costs and expenses
incurred by the Corporation in issuing the Bonds, and all costs
and expenses incurred by the Corporation in administering the
Bonds subsequent to issuance through final maturity and payment
and such other payments as shall be agreed upon in writing
between the parties.
(j) The terms of the Bonds (maturity schedules, interest
rates, denominations, redemption provisions, etc.) shall be
as authorized by the Development Corporation Act of 1979, and
as t >av be mutually satisfactory to the Company and the Corpora-
tion.
(K) If the Bonds shall not be issued for any reason, the
Company shall have no obligation under this Agreement, except
for the obligations provided in paragraph (f) and (h).
(1) It is contemplated that the fora and contents of all
resolutions, contracts, trust indentures and other documents
contemplated hereunder will be mutually acceptable to the
Company and the Corporation.
(r..) The Co -.any agrees any official statetznt,
prospectus or other ozraring memoranda, through the use of
which the proposed obligations are to be offered, sold or
placed with any lender, purchaser or investor, shall contain
the disclosures required by the Regulations adopted by the
Corporation.
(n) The Company agrees to pay the fees and expenses of
the Financial Advisor, Bond Counsel and General Counsel of the
Corporation incurred on this Project after the execution of
this Agreement and its approval by the Unit, it being under-
stood that a part of such fees and expenses may be required
to be paid as their work progresses,
Its WITNESS ;• ERZOF, the parties hereto have entered into
attached and :oreooing agree: -er.t by their officers, thereunto
cult' authorized as cf the _
76 `a.� of rye 19 O'o.
Stephenville Industrial Development Corporation
(Corporation)
President, Board or Directors
(Corporate Seal)
.ATTEST:
6ecretary, board or Directors
(Corporate Seal)
ATTEST:
FMC
BY:
)oration
>mpany
CERTIFICATE OF CITY SECRET
.-HE STATE OF TEXAS
LIOUNTY OF ER n
CITY OF STEPHENVILLE
a
a
I, the undersigned, City Secretary of the City of Stephenville,
Texas, (the "City "), DO HEREBY CERTIFY as follows:
1. That the foregoing is a full, true and correct copy of
a resolution entitled as follows:
"A RESOLUTION by the City Council of the City of
Stephenville, Texas, ratifying, confirming and
approving a "Memorandum of Agreement" pertaining
to the financing of an industrial development
project between the Stephenville Industrial Develop-
ment Corporation and FMC Corporation."
which was duly dopted by the City Council of the City on the
(a44 day of 1980, after Ope consideration of
same, upon a m ion eing made by a °second of
such motion being made by and upon the vote being
called for the adoption thereofV,7 �_ voted for, - e-- voted
against, p - abstained and - o - were absent; and tit such
meeting was a A meeting.
2. That according to the records of my office, each member
of the City Council of the City were given actual notice of
the time, place and purpose of the meeting and had actual notice
that the matter would be considered; that all meetings.of the
City Council of the City, including the meeting at "which-the-
foregoing action was taken, are open to the public (except in
instances where a part of the meeting may, under applicable law,
be conducted in an executive session); that the foregoing was,not
adopted at an executive session; that notice of such meeting had
been given in advance thereof in such manner as to be in compliance
with the provisions of Article 6252 -17, Section 3A, V.A.T.C.S.
3. That as of the date of the meeting,
duly qualified and acting members of the City
City were as follows:
JOE CUMMINGS
W. M. IRWIN )
RAYMOND ANDERSON )
MIKE LEESE )
LARRY HAMMETT )
CHARLES RIGGINS )
ERMER FERGUSON )
BILL BREDE )
DAVID CLAYTON )
MAYOR
thg names of the
Council of,t4e
COUNCILMEMBERS
M
1
/and that all of the foregoing persons required to do so have duly
led their oaths of office, and each of them legaly required
to give bond or undertaking has filed such bond or undertaking
in the form and amount as required, and has otherwise duly
qualified.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the sea of said City of Stephenville,
Texas, this the day of 19 0.
y 'Stecretary, City of
Stephenville, Texas
(City Seal)
6. '
a9
ITEM V: COMMITTEE REPORT ON PERMIT REQUEST FROM FARMER'S
MILLING CO. - #370
Fire Marshall Kenneth Haley introduced Mr. Jim Nichols, Director of
Fire Protection Technology, & Industrial Safety, from Tarrant County Junior
College, to discuss with the Council the hazards of storing ammonium!':.
nitrate fertilizer.
Mr. Nichols advised the Council that he trained and educated people
in the field of hazardous materials, toxicology and industrial safety.
Mr. Nichols stated that he was familiar with the problem presented
by Farmer's Milling (Erath Fertilizer Company's) request for a permit
to store ammonium nitrate in their newly constructed building. He said
he had inspected the building and surrounding area.. Mr. Nichols quoted
from a section of a handbook prepared by Factory Mutual Engineering
Corporation stated that ammonium nitrate should not be stored closer
than 3,000 linear feet to any building, let alone gasoline installations.
That ammonium nitrate alone is not dangerous, but that a noncoated am-
monium nitrate fertilizer could explode if it'catches any organic material
(soil, grass, grain, paper or textile) that makes oxidation. The primary
recommendation for ammonium nitrate is that it be stored in a nonconbustible
structure (no wood, no paper or no textile) as it will dissolve in humidity
of 60% or more and will permeate the material and become an explosive
agent. Mr. Nichols said that he did not think that here in Stephenville
there was a probability of an explosion, but there could be a problem
because of the other hazardous occupancy in close promimity to it. For
instance, there are two gasoline wholesale outlets within 200 feet which
could be a contaminating factor. In summing up his discussion, Mr. Nichols
advised the Council that most communities of this size require an organ-
ization to segregate its storage of hazardous materials. Go to an area
outside the community where there wasn't a severe exposure, where, in case
of fire or explosion, it would not be damaging rather than centering it
in a downtown or central area of the community.
Mayor Cummings asked Mr. Nichols if, as an expert in this area, he
thought the Code of the City of Stephenville requiring that said permit
have the Fire Marshall's approval is out of line or in line with what
other citis have?
Mr. Nichols replied that this was standard with cities that do have
a Fire Marshall looking out for the interests of the citizens which he is
paid to do and chartered to do under the laws of the State of Texas. That
he is looking out for the interests of the citizens, not to penalize some
business.
After more discussion, Councilman Ferguson moved, seconded by Council-
man Brede, that the present Fire and Safety Code be enforced 100 %. Mainly
that the Fire Marshall must approve a permit for the storing of ammonium
nitrate fertilizer.
Councilman Clayton commented that he did not understand where the
Council stands in regard to other similar situations in the city. There
are other places in the city.that are storing ammonium nitrate fertilizer
also. Maybe not in the same quanity in question now, but also not under
the controlled conditions.
Mayor Cummings said that, in his opinion, something needed to be done
about these places also as a safety factor, but when this code was adopted
the other places were already there and, under the grandfather clause, were
allowed to remain but no new ones were to go in.
Councilman Irwin asked that the city's legal counsel look into the
matter pertaining to obher places (discount stores, handvman centers, etc.)
storing ammonium nitrate fertilizer, where the city stands pertaining to
said places and do they come under the grandfather clause if they are stor-
ing a hazardous material.
6.10
City Attorney Chandler advised that this should be looked into as
it is the responsibility of the Council to protect the citizens from a
known hazard. The Fire Marshall would have to make certain findings
regarding these other places. It would not be automatic. Unless the
Code specifically exempts existing facilities they would have to comply
with the Code.
Mayor Cummings asked the Fire Marshall to be prepared to give the
Council a plan or procedure for evaluating the places all over the city
that store ammonium nitrate or other hazardous materials by the next
regular council meeting.
Mayor Cummings called for question on the motion on the floor. The
motion carried unanimously.
Mr. James Gryder came before the Council stating that Farmers Milling
( Erath Fertilizer Company) had received a building permit from the city,
received approval from the state and, therefore, had constructed a build-
ing at a cost of $116,000.00 plus clearing the land. He feels they have
carried out every requirement that they di 12 years ago when they built
the first building. They feel it is a hardship on Erath Fertilizer Com-
pany of $116,000.00 plus approximately $4,000.00 for fixing and clearing
the grounds. He said that 75% of the fertilizer handled in the city was
ammonium nitrate and the sale of said fertilizer was the way they had
intended to pay for this building. Erath Fertilizer Company feels they
are due compensation for not being informed of permit and approval by
the Fire Marshall before the building was erected. The Fire Marshall
had from January 18th to April 1st to know this building was going to be
built. The City Administrator knew about it and the Building Inspector
knew when they applied for the building permit, therefore, his question
is why did these persons not get together and present this to them before
the building was constructed? Mr. Gryder did advise that he had put
"bulk fertilizer" on the building permit. He said he had no other
alternative but to talk to their attorney to see what they could do be-
cause they have had an expenditure of over $116,000.00. They were advised
of this situation when the building was about 90% complete with the other
material on the ground.
There was no further discussion or action taken on this matter.
ITEM VI: CONSIDERATION OF DEPOSITORY BIDS - Side 2 - #192
Councilman Riggins left the Council Chambers as he is employed by
one of the bidders.
City Administrator Kurt Ackermann opened and read the bids received
from the Farmers First National Bank and the Stephenville Bank and Trust
Company for the city's depository for the fiscal year beginning October 1,
1980 through September 30, 1981. (Bids attached to and becoming a part of
these minutes)
After discussion, with the consent of the council, Mayor Cummings
appointed a committee consisting of Councilmen Irwin, Hammett and Clayton,
with Councilman Irwin as chairman, to study these bids and have a
recommendation by the 25th of this month. A special meeting will be called
then for action on the depository bids.
ITEM VII: APPLICATION FOR A MOBILE HOME PARK - Side 2 - #335
Councilman Leese moved, seconded by Councilman Ferguson, that the
City Council approve the application for a Mobil Home Park at 1660 North
Paddock (southerly 150' of Lot 1, Block 3, Crow Styles Addition) as
requested by Terry Ice and recommended by Mr. Gann. Motion carried
unanimously.
ITEM VIII: ANIMAL CONTROL ORDINANCE AMENDED TO INCLUDE CATS - #356
Chief of Police Mike Watkins advised the Council that a representative
of the state had been here checking the city pound. He had found nothing
wrong other than the Animal Control Ordinance does not include cats in
the vacinations. He had advised that cats are by far the biggest carrier
of rabies and advised that cats should be included to be tagged and
vaccinated.
61
Ater discussion, Councilman Hammett moved, seconded by Councilman
Clayton, that the Animal Control Ordinance be amended to include cats
as presented. The motion carried unanimously.
ITEM IX: ACCEPTANCE OF TAX ROLL & DISMISSAL OF BOARD OF EQUALIZATION
Tax Assessor /Collector Robert Groves presented the tax roll for the
year 1979 to the Council for approval and acceptance. -Mr. Groves advised
that the total advalorum tax roll was $108,000,000 after the homestead
exemptions.
After some discussion, Councilman Irwin moved, seconded by Councilman
Riggins, that the City Council approve and accept the 1979 tax roll as
presented and dismiss the Board of Equalization with thanks from the city.
The motion carried unanimously.
EPA GRANT AWARD FOR WASTEWATER
City Administrator Kurt Ackermann explained that the City of Stephenville
had received the application from the EPA and have been instructed that
the Council must authorize the Mayor to sign the application before the
city can proceed any further.
Councilman Clayton moved, seconded by Councilman Irwin, that the
Council approve and accept the EPA grant in the amount of $2,075,045.00
and authorize the Mayor to sign all necessary papers connected with said
grant on behalf of the City of Stephenville. The motion carried unanimously.
I '] ITEM XI:- AWARD BID FOR PICK -UP FOR BUILDING INSPECTOR`- Side 2 - #541
City Administrator Kurt Ackermann advised that $5,000 had been
budgeted for the purchase of a pickup for the building inspector. The
following bids were received:
1. BRUNER CHEVROLET CO.
Stephenville, Texas
a. 1979 Chevrolet Luv ( used ) -------------------- $5,750.00
less trade ----------------------------------- $1,500.00
NET-- - - - - -- - - - - -- 4,250.00
b. 1980 Chevrolet Luv ( new) --------------------- $5,883.00
less trade ------------------------------------ $1,500.00
NET----------- - - - - -- 4,3 3.00
After discussion, Councilman Irwin moved, seconded by Councilman
Leese, that the City Council accept the bid for the 1980 Chevrolet Luv
in the amount of $4,383.00 as submitted by Bruner Chevrolet Co. The
motion carried unanimously.
AUTHORITY TO INVITE BIDS
FOR
Fire Marshall Kenneth Haley advised that lightening struck and melted
the base stations he had been using. He is presently using old ones which
are in need of repairs, but because it is so old, he is having trouble
getting parts and shortly won't be able to get parts at all. Mr. Haley
also advised this is not a budgeted item.
After some discussion, Councilman Leese moved, seconded by Council-
man Hammett, to authorize the letting of bids for the purchase of a base
station for the Fire Department. The motion carried unanimously.
42
ITEM XIII: TRANSFER OF O.S.OSBORNE:ET
The City Administrator advised this is a request from 0. S. Osborne
et al authorizing the Mayor to sign an agreement giving the city's consent
to change the name on the current lease on the Methodist Branch property
from 0. S. Osborne, et al to Osborne Grocery Company.
Councilman Anderson moved, seconded by Councilman Riggins, that
the City Council authorize the Mayor to sign an agreement giving the
city's consent to change the name on the current lease agreement on
the Methodist Branch property from 0. S. Osborne et al to 0. S. Osborne
Grocery Company. The motion carried unanimously.
ITEM XIV: RECOMMENDATIONS ON RURAL FIREFIGHTING SERVICES - Side 2
I'll,
City Administrator Ackermann explained that, after checking the
records for two calendar years, it had been determined that in 1978
that out of 303 fires 133 (44 %) had been out of the city limits. Man -
hours used in said fires was 159 (67 %). In 1979, 129 (39 %) had been
out of the city limits and manhours used was 126 (54 %).
Over a two year period:
a.
Total expenditures -------------------- $322,268.00
b.
County contributions ------------------ $
1,200.00
C.
Total Fires--------------------- - - - - --
635
1. City------------------------ - - - - --
373 (59 %)
2. County-------- -------------- - - - - --
262 (41 %)
d.
Total manhours------------------ - - - - --
473
1. City ----------------------- - - - - --
188 (40 %)
2. County---------------------- - - - - --
285 (60 %)
e.
Average cost per call------------ - - - - -$
508.00
Mr. Ackermann and Mr. Haley had the following recommendations;
a. The city will contractually provide firefighting service to
the county (outside the city limits) at a per call charge of $200.00
Applying the $200.00 per call charge, the county contribution
for the two year period would equal $52,400.00.
b. The first year contract to expire on 9/31/81 and thereafter
to be renewed every October 1st for a 12 -month period.
C. The per call charge to be renegotiated with each contract year.
The Council discussed how many trucks to send out of the city limits
to a fire. The present contract calls for only one truck to be out of
the city at one time at a cost to the county of $100.00 per month. It
was the consensus of the Council that their first responsibility was to
the citizens of the city. The Council was also in agreement that they
could not take the city taxpayers' money to provide fire protection for
the county residents (outside the city,:limits).
After more discussion, it was the consensus of the Council that
the city's proposal for firefighting service out of the city limits
would be $200.00 per call in conjunction with the contract as it is
nov written 1 truck at a time to be effective on January 1, 1981.
SIONS TO THE 1979-
- Tape 2
City Administrator Ackermann advised that the proposed revisions
(Councilmembers had received copies prior to meeting) were on the
recommendations of the aduitors. At the year's end, take the object
accounts that were over expended and balance them out.
After some discussion, Councilman Riggins
man Brede, to approve the budget revisions as
carried unanimously.
moved, seconded by Council -
submitted. The motion
CITY OF STEPHENVILLE
PROPOSED BUDGET REVISIONS
SEPTEMBER 9, 1980
----
- - - - -TO ------------- - -
- -AMOUNT -------------
- - - -AMOUNT -
-- -
FROM
123
Workers Comp.
ADMINISTRATIVE
& ACCOUNTING
122
Social Security
121
Retirement $
142.00
$ 756.00
113
Extra Labor
122
Social;Security
25.00
375.00
125
Group Ins.
,123
Workers Comp.
35.00
150.00
216
Auto Allow.
213
Printing
1731.00
175.00
223
Fidelity Bond
215
Travel & Education
1400.00
340.00
253
Outside Prof.
222
Auto Insurance
338.00
200.00
258
State Fees
231
Equipment Rental -R.S.
75.00
108.00
313
Books & Educ.
231A
Equipment Rental
100.00
100.00
317
Photo & Duplic.
252
Dues & Subscr.
65.00
4250.00
GENERAL RESERVES
254
Special Services
275.00
749.001..
230
Right of Way
314
Office Supplies
115.00
225.00
POLICE
325
Election Supplies
26.00
20000.00
111
Salaries
332
Other Supplies
600.00
Other Supplies
CZvIEETERY
413
Office Equip. Mnt.
205.00
2335.00
111
Salaries
513
Office Equip.
2_440_6_._00
511
TAX
7603.00
500.00
323
Gas & Oil
4250.00
111
Salaries
500.00
TOTAL
23538.00
29538.00
TAX
113
Extra Labor
600.00
260.00
121
Retirement
123
Workers Comp.
25.00
280.00
122
Social Security
125
Group Ins.
225.00
605.00
211
Postage
214
Public Notices
25.00
300.00
317
Photo & Duplic.
215
Travel & School
331.00
74.00
513
Office Equip.
231
Lease Exp.
123.00
251
Utilities
175.00
252
Dues & Subscr.
15_00
TOTAL
1519.00
1519.00
FIRE
121
Retirement
1050.00
4250.00
324
Welding
122
Social Security
100.00
150.00
213
Printing
123
Workers Comp.
225.00
200.00
260
Pest Control
222
Auto Ins.
361.00
150.00
312
Chemicals
332
Other Supplies
150.00
350.00
313
Books & Educ.
411
Vehicle Maint.
300.00
125.00
314
Office Supplies
511
Vehicles
7603.00
500.00
323
Gas & Oil
521
Building Constr.
266.00
500.00
125
Group Ins.
200.00
513
Office Equip.
3200.00
414.,
Equipment Mint.
430.00
316
Wearing Apparel
TOTAL
10055.00
10055.00
AMBULANCE
111
Salaries
150.00
200.00
211
Postage
121
Retirement
125.00
100.00
213
Printing
122
Social Security
25.00
200.00
253
Outside Prof.
123
Workers Comp.
360.00
350.00
411
Vehicle Mnt.
251
Utilities
600.00
200.00
312
Chemicals
255
Damage Claims
475.00
200.00
313
Books & Educ.
256
Laundry
400.00
200.00
332
Other Supplies
259
Refunds
150.00
100.00
125
Group Ins.
323
Gas & Oil
150.00
550.00
113
Extra Labor
222
Auto Ins.
327.00
335.00
511
Vehicles
-
327.00
316
Wearing Apparel
2762.00
2762.00
Page 2
-----------------------------------------------------------------------_--
TO AMOUNT AMOUNT FROM
----- - - - - --
LEGAL
231
Rental
253
Outside Prof.
314
Office Supplies
332
Other Supplies
25.00
TOTAL
121 Retirement
123 Workers Comp.
213 Printing
$ 600.00
$ 400.00
113
Extra Labor
10360.00
370.00
122
Social Security
25.00
300.00
211
Postage
30.00
150.00
212
Communications
411
400.00
213
Printing
414
300.00
215
Travel & School
252
250.00
254
Special Services
254
Special Services
GENERAL RESERVES
3380.00
8845.00
290
Right of Way - Harbin
_ 11015.00
11015.00
Vehicle Mnt.
250.00
LIBRARY
30.00 155.00 421 Building Mnt
100.00
25.00 - - - - --
155.00 155.00
CEMETERY
113
Extra Labor
2600.00
1605.00
123
Workers Comp.
100.00
225.00
222
Auto Ins.
30.00
500.00
254
Special Services
300.00
250.00
411
Vehicle Mnt.
50.00
150.00
414
Other Equip. Mnt.
300.00
150.00
252
Dues & Subscr.
65.00
500.00
254
Special Services
3380.00
3380.00
PARKS & RECREATION
J23
Workers Comp.
300.00
3100.00
113
Extra Labor
1500.00
300.00
212
Communications
600.00
200.00
215
Travel & Ed.
500.00
150.00
222
Auto Ins.
360.00
250.00
251
Utilities
1464.00
500.00
252
Dues & Subscr.
65.00
4000.00
254
Special Services
250.00
800.00
259
Refunds
125.00
100.00
411
Vehicle Mnt.
250.00
200.00
413
Office Equ. Mnt.
50.00
500.00
425
Swimming Pool Mnt.
575.00
200.00
426
Light Mnt.
190.00
1542.00
427
Park Mnt.
300.00
100.00
312
Chemicals
850.00
392.00
315
Concessions
3800.00
500.00
316
Wearing Apparel
34.00
626.00
318
Small Tools
50.00
400.00
323
Gas & Oil
850.00
332
Other Supplies
75.00
606.00
514
Other Equipment
720.00
515
Playground Equip.
156.00
525
Swimming Pool Impr.
1402.00
TO'T'AL
14466.00
14466.00
111 Salaries
121 Retirement
122 Social Security
125 Group Ins.
316 Wearing Apparel
323 Gas & Oil
514 Other Equipment
111 Salaries
121 Retirement
122 Social Security
125 Group Ins.
212 Printing
224 Other Ins.
261 Other Contractual Ser.
258 Special Services
515 Playground Equ.
516 Park Equip.
311 Agricultural Supplies
317 Photo & Duplicating
330 Imprest Fund
511 Vehicles
512 Machinery
513 Office Equip.
516 Park Equip.
527 Park Improvement
CEMETERY
111 Salaries
Page 3
-----------------------------------------------------
TO AMOUNT AMOUNT FROM
POLICE
123
Workers Comp.
1150.00
216.00
511
Vehicles
222
Auto Ins.
3125.00
150.00
513
Office Equip.
251
Utilities
750.00
278.00
514
Other Equip.
213
Printing
200.00
200.00
216 -
Auto.Allow.
252
Dues & Subscr.
20.00
125.00
312
Chemicals
315
Prisoner Supplies
100.00
1500.00
122
Social Security
316
Wearing Apparel
125.00
2000.00
121
Retirement
317
Photo & Dupl.
75.00
1000.00
414
Other Equip_ Mnt.
323
Gas & Oil
3300.00
2500.00
113
Extra Labor
332
Other Supplies
50.00
2176.00
125
Group Ins.
334
Pound Supplies
250.00
1500.00
412
Machinery Maint.
411
Vehicle Maint.
1000.00
300.00
414
Other Equip. Maint.
TOTAL
10145.00
10145.00
511
Vehicles
123
Workers Comp.
1200.00
3600.00
111
Salaries
222
Auto Ins.
162.00
1200.00
113
Extra Labor
422
Right of Way
27000.00
200.00
122
Social Security
254
Special Services
550.00
340.00
125
Group Ins.
261
Bledsoe Contract
33000.00
168.00
522
Right of Way
323
Gas & Oil
4900.00
200.00
211
Postage
412
Machinery Maint.
2750.00
220.00
215
Travel & School
532
Land Improvement
2041.,00
300.00
251
Utilities
TOTAL
43591.00
450.00
254
Special Services
300.00
411
Vehicle Maint.
1500.00
412
Machinery Maint.
300.00
414
Other Equip. Maint.
10550.00
511
Vehicles
280.00
514
Other Equip.
GENERAL RESERVES
---------
8754_00_
290
Right of Way - Harbin
TOTAL
28362:00
28362.00
PLANNING
&'INSPECTION
113
Extra Labor
2600.00
150.00
212
Communications
121
Retirement
100.00
150.00
211
Postage
123
Workers Comp.
200.00
100.00
311
Books & Education
213
Printing
252.00
250.00
323
Gas & Oil
222
Auto Ins.
10.00
100.00
332
Other Supplies
251
Utilities
150.00
600.00
411
Vehicle Maint.
100.00
414
Radio Equip. Maint.
600.00
511
Vehicles
ST.
LIGHTING & MUN. BID.
573.00
521_.BuildinglConstr.
GENERAL RESERVES
---------
689_00_
290
Rights of Way - Harbin
TOTAL
.- 3312.00
3312.00
IA!.11Lois100
121
Retirement
50.00
100.00
213
Printing
223
Workers Comp.
250.00
1000.00
222
Auto Ins.
212
Communications
50.00
100.00
318
Small Tools
254
Special Services
550.00
100.00
324
Welding
261
Bledsoe Contract
33000.00
250.00
521
Building Constr.
323
Gas & Oil
4900.00
ST.
LIGHTING & MUN. BID.
412
Machinery Maint.
2750.00
42041.00
521
Building Constr.
532
Land Improvement
2041.,00
TOTAL
43591.00
_ 43591.00
Page 4
----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
TO AMOUNT AMOUNT FROM
221 Building Ins.
251 Utilities
414 Equipment Maint
m
=280 Locker Plant Note
200 Motel Occ. Tax
210 Airport
230 Civil Defense
250A Senior Citizens
270 Central Appraisal
111
122
123
211
222
251
252
318
323
324
332
411
412
414
123
215
222
251
252
318
323
324
332
411
412
414
524
Salaries
Social Security
Workers Comp.
Postage
Auto Ins.
Utilities
Dues & Subscr.
Small Tools
Gas & Oil
Welding
Other Supplies
Vehicle Maint.
Machinery Maint.
Equipment Maint.
US
Workers Comp.
Travel & School
Auto Ins.
Utilities
Dues & Subscr.
Small Tools
Gas & Oil
Welding
Other Supplies
Vehicle Maint.
Machinery Maint.
Other Equip. Maint.
Sewer Facilities
m
STREET LIGHTING & MUNICIPAL BUILDING
126.00
6000.00
4000.00
10126.00
50.00
4200.00
1500.00
150.00
3750.00
9228.00
PIT-Flowers]
4600.00
190.00
500.00
150.00
59.00
45000.00
55.00
400.00
2400.00
25.00
300.00
350.00
100.00
1325.00
55454.00
500.00
49.00
34.00
350.00
23.00
300.00
2800.00
25.00
300.00
200.00
300.00
1600.00
550.00
7031.00
740.00
5000.00
2000.00
2386.00
10126.00
GENERAL RESERVES
262 Janitorial.Service
421 Building Maint.
514 Other Equipment
521 Building Constr.
1000.00 250 Senior Citizens -R.S.
5000.00 260 Comprehensive Plan
8678.00 290 Right of Way- Harbin
REVENUE
4200:00, Motel Occupancy Tax
WRANN"I
SANITATION
3000.00
113.,
<Extra.Labor
700.00
125
Group Ins.
100.00
253
Outside Professional
100.00
311
Agriculture Supplies
800.00
312
Chemicals
9600.00
421
Building Maint.
7000.00
423
Water Facilities
2000.00
423B Meter Repair
20000.00
523
Water Facilities
Sewer Facilities
SANITATION
6000.00
522
Right of Way
1556.00
113
Extra Labor
4598.00
111
Salaries
55454.00
350.00
121
Retirement
600.00
122
Social Security
700.00
125
Group Ins.
250.00
212
Communications
200.00
231
Equip. Rental
750.00
424B
Lift Station
1000.00
312
Chemicals
1237.00
512
Machinery
1500.00
424
Sewer Facilities
444.00
113
Extra Labor
7031.00
----------------------------------------------------------------------------------------
Page 5
TO
AMOUNT
AMOUNT
FROM
CUSTOMER SERVICES
113
Extra Labor
4650.00
4000.00
111
Salaries
123
Workers Comp.
10.00
500.00
121
Retirement
211
Postage
250.00
300.00
122
Social Security
212
Communications
600.00
575.00
125
Group Ins.
213
Printing
1300.00
300.00
223
Fidelity Bond
215
Travel & School
900.00
400.00
253
Outside Prof.
259
Refunds
700.00
1450.00
413
Office Equip. Maint.
332
Other Supplies
2000.00
200.00
421
Building Maint.
513
Office Equip.
38519.00
SANITATION
3302.00
111
Salaries
37902..00
REVENUE
Water Sales
TOTAL
48929.00
.48929.00
W &S RESERVES
500 Bad Debts 75.00 REVENUE
370 Sewer Treatment _ 8263.00 8338.00 Water Sales
TOTAL 8338.00 8338.00
63
ITEM XVI: PROGRESS REPORT ON B -800 COMPUTER - #2 Tape -Side 1 - #226
City Secretary Joyce Pemberton reported,that as far as the utility
billing part was concerned everything was going well, but there was a
space problem. When the computer was purchased, Burroughs was told that
the taxes probably would not go on the computer, but now it has been
decided to put taxes on the computer and there is not enough space on
the two fixed disks to handle everything.
Mayor Cummings commented that Loyd Helms had recommended to him that
the city should go to a disk cartridge type, then there would be no space
problems and no end to the computer's capabilities.
Mrs. 'Pemberton ` agreed and pointed out that the disk cartride would be
a time saver on the utility billing in that storing of information would
be so much faster and would have so much more flexibility.
After much more discussion, Mayor Cummings suggested that the City
Administrator and Accountant get a firm status report as to where we
stand. If we are going to stay with the computer, we need to do it right
or get out of it completely.
Mr. Ackermann advised that Loyd Helms felt that the city would be
ahead in the long run to go ahead and get the disk cartridge system.
Burroughs has one in stock that they could bring down for us to try for
3 or 4 months to see if we liked it.
Mayor Cummings said that Mr. Helms had.told him that if we kept the
fixed disk and ever had a power shut down that all the information on both
disks would be lost and would have to start over from scratch.
Mr. Ackermann commented that Mr. Helms has done a lot of work and
spent a lot of time helping us with the computer in talking with Burroughs
pertaining to the problems we have now and have had in the past free of
charge.
Councilman Hammett commented that he thought Mr. Helms should be
compensated for his time and work.and the Council_.agreed.
ITEM XVII: OLD BUSINESS - Tape 2 -Side 1 - #408
1. Prairie Wind Blvd. Median:
City Administrator Ackermann reported that Joe Walker had been
in with the complaint that the median is forcing him to make an
illegal U -turn in a 4 -way intersection.
Councilman Clayton commented that the median was there when he
bought the house. He has the whole subdivision to make a turn in.
If he doesn't want to, he makes an illegal turn. Would it be
feasible to make a 4 -way stop at the intersection of Prairie Wind
Blvd. and Sharp Drive?
Mr. Ackermann advised that the Chief of Police said that anytime
a U -turn is made in a 4 -way intersection it is illegal regardless
of whether it is a 4 -way stop or not.
Councilman Clayton asked about just taking out the median and
paving the street.
Mr. Ackermann advised there are 4 alternatives:
a. Leave the median as it is and tell the people to do the best
they can with it.
b. Cut an 18' hole in the median for a lefthand turn to allow
access in and out of the median.which has been said to be
an illegal turn.
C. Cut the nose off the north end of the median so that they
would not be making a U -turn into a 4 -way intersection.
d. Take the median completely out, pave it and double stripe it
which would be very expensive.
64
There was considerable discussion of the legality of a U -turn at
any time or place. Also that the median was there when these people
bought their houses. It was not put in afterwards. It is a question of
whether or not the Council wants to have the city make an 18' hole in
the median or let Mr. Walker and others drive around the block to get
into their driveways. Chief Watkins advised that, in his opinion, the
best solution would be to take the whole median out, although a- left-
hand turn into a driveway is illegal also.
2. Landfill:
Councilman Anderson commented that he thought the Council should
take a look at the landfill situation pertaining to Dublin's charges
for use of the landfill. He said he did not think Dublin was pay-
ing their share of the 'cost for use of the landfill and it was not
fair to the Stephenville taxpayers.
Mr. Gann advised that Dublin is presently paying $1.00 per ton for
use of the landfill.which was approximately $7,000.00 per year. He
said that the landfill was filling up much faster than had been
anticipated. That the life of the dozer would be much shorter and
that the City of Stephenville is furnishing a county landfill rather
than just for the city.
Mayor Cummings asked Mr. Gann to get some recommendations ready by
the next meeting.
There being no other business to come before the Council, the
meeting adjourned at 10:00 p.m.
I ayor
ATTEST:
y ecretary
4
64A
ORDINANCE AMENDING SECTIONS 3 -7, 3 -30, 3 -31 AND 3 -33 OF
CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE
RELATING TO DOGS AND CATS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Section 3 -7 of Chapter 3 of the Code of Ordinances of
the City of Stephenville is hereby changed and amended and
hereafter shall read as follows:
Sec. 3 -7. Impoundment fees.
(a) The following fees shall be charged for the impound-
ment of animals:
(1)
For
impounding cats,
per head . . .
. . . . $ 3.00
(2)
For
care of cats, per
day
. . . . $ 2.00
(3)
For
impounding dogs,
per head . . .
. . . . $10.00
(4)
For
care of dogs, per
day . . . .
. . . . $ 4.00
(b) The owner of any impounded animal.may reclaim such
animal upon payment of the above fees and by signing an
affidavit to the effect that he is the owner.
(c) Animals running at large are prohibited by law on
public streets, parks, and other public property
of the city. Owners of animals running at large
and picked.up by animal control will be fined ten
dollars ($10.00) per animal. The same will hold
true for animals running at large upon the premises
of other persons within the city.
(d) Visiting hours at animal shelter, City of Stephenville:
10 a.m. to 4 p.m . . . . . . . . . . . . . . Weekdays
9 a.m. to 12 noon . . . . . . . . . . . Saturdays
Closed. . . . . . . . . . . . . . . . . . Sundays
Section Two
Section 3 -30 of Chapter 3 of the Code of Ordinances of
the City of Stephenville is hereby changed and amended and
hereafter shall read as follows:
Sec. 3 -30. Rabies vaccination; issuance of certificate
and tag.
All dogs and cats within the city limits shall
be immunized annually against rabies by means of an
antirabies vaccine administered by a duly licensed
veterinarian. Every veterinarian who vaccinates a
dog or cat which is kept in the city limits shall
issue a certificate of vaccination to such owner,
stating the name of the owner, the address of the
owner, a description of the dog or cat, and the date
of vaccination, together with a metal tag which shall
be securely attached to the animal's collar and worn
by the dog or cat at all times. The shape of such
tag shall be changed each year. All dogs and cats,
even though kept in enclosures or on leashes shall be
duly vaccinated against rabies each year by a duly
licensed veterinarian, and must show at all times a
metal tag secured to the collar of the animal. Each
owizer ,of, the dog or cat shall be able to show an up -to -date
certificate of vaccination, address of the owner, and a
description of the dog or cat.
Section Three
Section 3 -31 of Chapter 3 of the Code of Ordinances of the
City of Stephenville is hereby changed and amended and hereafter
shall read as follows:
Sec. 3 -31. License required; fee.
No person shall keep or harbor any dog or cat
within the city without having a valid license therefor.
The fee for such license shall be five dollars ($5.00)
per year for each male dog; five dollars ($5.00) per
year for each spayed female dog; ten dollars ($10.00)
per year for each unspayed female dog; two dollars
($2.00) per year for each male cat; two dollars ($2.00)
per year for each spayed female cat; and four dollars
($4.00).per year for each unspayed female cat. Such fee
shall be paid and the license acquired within ten (10)
days after the annual immunization required by this
article. Within forty -eight (48) hours after obtaining
any dog or cat from the animal shelter, the owner shall
present to the police department a certificate of
vaccination from a veterinarian and shall be required to
obtain a current city tag.
Section Four
Section 3 -33 of Chapter 3 of the Code of Ordinances of the
City of Stephenville is hereby changed and amended and hereafter
shall read as follows:
Sec. 3 -33. Dangerous dogs and cats running at large
may be killed.
The animal control man is hereby authorized to kill
any dog or cat found running at large which is suspected
of having rabies or which cannot be captured without
substantial danger to the animal control man.
PASSED AND APPROVED this 9th day of September, 1980.
Joe Cummings, Mayor
ATTEST:
Joyce Pemberton,
City Secretary