HomeMy WebLinkAbout1980-12-02 - Regular City Council8i
REGULAR SESSION - TUESDAY
DECEMBER 2, 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, December 2, 1980 at 7:00 p.m. with Mayor Joe F. Cummings
present and presiding.
COUNCILMEMBERS PRESENT:
Mike Leese
W. M. Irwin
William G. Brede
Charles Riggins
Raymond Anderson
Larry Hammett
David Clayton
COUNCILMEMBERSiABSENT: E. W. Ferguson
OTHERS ATTENDING:
City Administrator Kurt Ackermann
City Secretary Joyce Pemberton
City Attorney Joseph Chandler
Director of Public Works R. Y. Gann
Chief of Police Mike Watkins
Fire Marshall Kenneth Haley
Gerald Cook
David Cheatham
Mr. & Mrs. Tom Birdsong III
Mr. & Mrs. Don Coan
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 Riggins, that the
minutes of the council meeting of November 11, 1980 be approved as
written. Motion carried unanimously by those members present.
ITEM II
ORDINANCE
Councilman Riggins moved, seconded by Councilman Leese, that the
ordinance increasing the Hotel -Motel Occupancy Tax from three - percent
(3 %) to four - percent (4 %) be passed and adopted.
Councilman Brede raised the question of raising the tax and not
knowing what the money is to be used for..
Mayor Cummings advised that the use of the money was the next
agenda item.
Councilman Anderson reported that the motel owners /operators had
been polled by telephone, They had indicated they did not care what
the money was used for, if the increase was granted.
Mr, David Cheatham, president of the Chamber of Commerce, read a
statement from the Chamber of Commerce Board of Directors recognizing
the need of fine arts, recommending that the City Council take the
necessary steps to support the fine arts and having no objections to
increasing the Hotel -Motel Occupancy Tax from 3% to 4 %.
After more discussion, question was called and the above motion
carried unanimously by those members present.
q
RJR
ORDINANCE
AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF AN
ADDITIONAL HOTEL -MOTEL OCCUPANCY TAX; MAKING CERTAIN PROVISIONS
CONCERNING THE SUBJECT; PROVIDING A CIVIL PENALTY AND A CRIM-
INAL PENALTY; AND PROVIDING AN EFFECTIVE DATE.
ITEM III: HEAR COMMITTEE REPORT
Mayor Cummings read the caption of the ordinance authorizing a
contract between the City of Stephenville and the Cross Timbers Fine Arts
Council, Inc. for expending of funds collected under the Hotel -Motel
Occupancy Tax,
Councilman Anderson reported his committee had met and after careful
consideration, recommended that the City Council approve said ordinance
granting to the Cross Timbers Fine Arts Council, Inc. the additional 1%
Hotel -Motel Occupancy Tax.
After considerable discussion, Councilman Irwin moved, seconded by
Councilman Leese, that the City Council pass and adopt a contract by
ordinance granting the Cross Timbers Fine Arts Council, Inc, one - percent
(1 %) of the Hotel -Motel Occupancy Tax.
After more discussion, question was called on the above motion and
the motion carried unanimously by those members present.
ORDINANCE
AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF
STEPHENVILLE AND THE CROSS TIMBERS FINE ARTS COUNCIL, INC.,
FOR THE EXPENDING OF FUNDS COLLECTED UNDER THE CITY OF
STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX FOR THE PURPOSE OF
THE ENCOURAGEMENT, PROMOTION, IMPROVEMENT, AND APPLICATION
OF THE ARTS, INCLUDING MUSIC (INSTRUMENTAL AND VOCAL),
DANCE, DRAMA, FOLK ART, CREATIVE WRITING, ARCHITECTURE,
DESIGN AND ALLIED FIELDS, PAINTING, SCULPTURE, PHOTOGRAPHY,
GRAPHIC AND CRAFT ARTS, MOTION PICTURES, TELEVISION, RADIO,
TAPE AND SOUND RECORDING, AND THE ARTS RELATED TO THE
PRESENTATION, PERFORMANCE, EXECUTION, AND EXHIBITION OF
THESE MAJOR ART FORMS; AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF STEPHENVILLE AND TO CARRY
OUT ITS PROVISIONS; AND APPROPRIATING OUT OF THE GENERAL
FUND, ONE PERCENT (1 %) OF THE PROCEEDS OF MONEY COLLECTED
UNDER THE CITY FO STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX
PASSED ON DECEMBER 2, 1980, LESS ACTUAL COST TO CITY FOR
SERVICE AND COLLECTION COSTS.
ITEM IV: COMMITTEE RECOMMENDATIONS REGARDING ED DOWELL REQUEST
Councilman Irwin reported that his committee had met and looked at
the property in question. He said the committee recommends that the
city sell the property (approx. 1250 sq.ft. of Clyffside Dr.) to Ed
Dowell for the amount of $375.00 with the city to furnish the deed.
After discussion, Councilman Irwin moved, seconded by Councilman
Brede, that the property in question be sold to Ed Dowell for $375.00.
Motion carried unanimously by those members present.
Mayor Cummings asked City Attorney Chandler to prepare an ordinance
to that effect for action at the next council meeting.
AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF AN
ADDITIONAL HOTEL OCCUPANCY TAX; MAKING CERTAIN PROVISIONS
CONCERNING THE SUBJECT; PROVIDING A CIVIL PENALTY AND A CRIM-
INAL PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
The following words, terms and phrases are, for the
purposes of this ordinance and except where the context clearly
indicates a different meaning, defined as follows:
(a) "Hotel" shall mean any building or buildings, trailer,
railroad pullman car not being utilized for the
transportation of travelers, or other facility in
which the public may, for consideration, obtain
sleeping accommodations. The term shall include
hotels, motels, tourist homes, houses or courts,
lodging houses, inns, rooming houses, trailer houses,
trailer motels, railroad pullman cars parked on a
siding or otherwise used for sleeping accommodations
not involving the transportation of travelers, space
where bed space is rented to individuals or groups,
apartments not occupied by "permanent residents ", as
that term is hereinafter defined, and all other
facilities where rooms or sleeping facilities or
space are furnished for a consideration. As defined
herein "hotel" shall not include hospitals, sani-
tariums, nursing homes, or college dormitories.
(b) "Consideration" shall mean the cost of the room,
sleeping space, or bed space but shall not include
the cost of any food served or personal services
rendered to the occupant not related to cleaning and
readying such room or space for occupancy, and shall
not include any tax assessed for the occupancy
thereof by any other governmental agency.
(c) "Occupancy" shall mean the use or possession, or the
right to the use or possession of any room, space or
sleeping facility in a hotel for any purpose.
(d) "Occupant" shall mean anyone who, for a consideration,
uses, possesses, or has the right to use or possess
any room or rooms, or sleeping space or facility in a
hotel under any lease, concession, permit, right of
access, license, contract or agreement.
(e) "Person" shall mean any individual, company, corpora-
tion, or association owning, operating, managing or
controlling any hotel.
(f) "Tax Collector" shall mean the Tax Collector of the
City of Stephenville.
(g) "Quarterly Period" shall mean the regular calendar
quarters of the year, the first quarter being
composed of the months of January, February and
March; the second quarter being the months of April,
May and June; the third quarter being the months of
July, August and September; and the fourth quarter
being the months of October, November and December.
Section Two
(a) There is now in effect an ordinance passed by the
City Council of the City of Stephenville which levies a hotel
occupancy tax of three percent (3 %) of the consideration paid
upon the cost of occupancy of any room or space furnished by
any hotel where such cost of occupancy is at the rate of Two
Dollars ($2.00) or more per day, such tax being three percent
(3 %) of the consideration paid by the occupant of such room to
such hotel, exclusive of other occupancy taxes imposed by other
governmental agencies, which ordinance was passed on July 2,
1974. There is hereby levied an additional tax of one percent
(1 %) upon the cost of occupancy of any room or space furnished
by any hotel where such cost of occupancy is at the rate of Two
Dollars ($2.00); or more per day, such additional tax to be
equal to one percent (1 %) of the consideration paid by the
occupant of such room to such hotel, exclusive of other
occupancy taxes imposed by other governmental agencies. This
additional tax raises the hotel occupancy tax to four percent
(4 %), and the previous levy of the tax of three percent (3 %) is
in no way affected by this additional one percent (1 %) tax
except to make the total tax levied four percent (4 %). The
levy of this additional one percent (1 %) tax shall become
effective on January 1, 1981. Until December 31, 1980 the
hotel occupancy tax to be paid shall be three percent (3 %).
Beginning January 1, 1981, the hotel occupancy tax shall be
four percent (4 %), and all provisions made in the prior hotel
occupancy tax ordinance and those herein set out shall be on
the basis of a tax at the rate of four percent (40).
(b) No tax shall be imposed hereunder upon a permanent
resident.
(c) No tax shall be imposed hereunder upon a corporation
or association
organized and operated exclusively for religious, charitable or
educational purposes, no part of the net earnings of which
enures to the benefit of any private shareholder or individual.
Section Three
Every person owning, operating, managing or controlling
any hotel shall collect the tax imposed by Section Two hereof
for the City of Stephenville.
Section Four
On the last day of the month following each quarterly
period, every person required in Section Three hereof to
collect the tax imposed herein, shall file a report with the
Tax Collector showing the consideration paid for all room
occupancies in the preceding quarter, the amount of the tax
collected on such occupancies, and any other information the
Tax collector may reasonably require. Such person shall pay
the tax due on such occupancies at the time of filing such
report. There shall also be furnished to the Tax Collector of
the City of Stephenville at the time of payment of said tax a
copy of the quarterly report filed with the State Comptroller
in connection with the State of Texas hotel occupancy tax.
Section Five
The Tax Collector shall have the power to make such rules
and regulations as are reasonable and necessary to effectively
collect the tax levied hereby, and shall upon reasonable
notice, have access to books and records necessary to enable
him to determine the correctness of any report filed as
required by this ordinance and the amount of taxes due under
the provisions of this ordinance.
Section Six
If any person required by the provisions of this ordinance
to collect the tax imposed herein, or make reports as required
herein, and pay to the Tax Collector the tax imposed herein,
shall fail to collect such tax, file such report or pay such
tax, or if any such person shall file a false report, such
person shall be deemed guilty of a misdemeanor and upon
conviction be punished by fine not to exceed $200, and shall
pay to the Tax Collector the tax due, together with a penalty
of five percent (5%) of the tax due for each thirty days that
the same is not timely filed.
Section Seven
This ordinance shall become effective from and after
December 31, 1980. The one percent (lo) additional tax herein
levied shall go into effect January 1, 1981.
PASSED AND APPROVED this o day of
1980.
4FJe:.I Cummings, Mayor
ATTEST:
ity ecretary
Joyce Pemberton
I.M.,
AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF
STEPHENVILLE AND THE CROSS TIMBERS FINE ARTS COUNCIL, INC.,
FOR THE EXPENDING OF FUNDS COLLECTED UNDER THE CITY OF
STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX FOR THE PURPOSE OF
THE ENCOURAGEMENT, PROMOTION, IMPROVEMENT, AND APPLICATION
OF THE ARTS, INCLUDING MUSIC (INSTRUMENTAL AND VOCAL),
DANCE, DRAMA, FOLK ART, CREATIVE WRITING, ARCHITECTURE,
DESIGN AND ALLIED FIELDS, PAINTING, SCULPTURE, PHOTOGRAPHY,
GRAPHIC AND CRAFT ARTS, MOTION PICTURES, TELEVISION, RADIO,
TAPE AND SOUND RECORDING, AND THE ARTS RELATED TO THE
PRESENTATION, PERFORMANCE, EXECUTION, AND EXHIBITION OF
THESE MAJOR ART FORMS; AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF STEPHENVILLE AND TO CARRY
OUT ITS PROVISIONS; AND APPROPRIATING OUT OF THE GENERAL
FUND, ONE PERCENT (1 %) OF THE PROCEEDS OF MONEY COLLECTED
UNDER THE CITY OF STEPHENVILLE HOTEL -MOTEL OCCUPANCY TAX
PASSED ON,DECEMBER 2, 1980, LESS ACTUAL COST TO CITY FOR
SERVICE AND COLLECTION COSTS.
WHEREAS, by ordinance passed on December,2,1980 the City
of Stephenville provided for the assessment and collection
of an additional one percent (1 %) hotel occupancy tax within
said city as set out in the terms and conditions of said
ordinance;
WHEREAS, under the provisions of the hotel -motel
occupancy tax ordinances of Stephenville, monies collected
under said tax ordinances are to be remitted to the tax
collector at the end of each quarter of the calendar year
with an additional thirty -day grace period to the imposition
of any penalty; and
WHEREAS, the City Council is of the opinion that one
percent (1 %) of the revenues from the hotel -motel occupancy
tax, less actual cost to the City for service and collection
expense, should be utilized for the purpose of the encourage-
ment, promotion, improvement, and application of the arts,
including music (instrumental and vocal), dance, drama, folk
art, creative writing, architecture, design and allied
fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, television, radio, tape and sound
recording, and the arts related to the presentation, per-
formance, execution, and exhibition of these major art
forms, and that a contract with the Cross Timbers Fine Arts
Council, Inc. for the ministerial and administration work of
expending said money for said putposes is in the public
interest; and
WHEREAS, the City Council finds that the encouragement,
promotion, improvement, and application of the arts, includ-
ing music (instrumental and vocal), dance, drama, folk art,
creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts,
motion pictures, television, radio, tape and sound record-
ing, and the arts related to the presentation, performance,
execution, and exhibition of these major art forms is a
public municipal purpose for which public money may be
lawfully expended; and that the expenditure of said sums for
said purposes will be in the public interest and beneficial
to the City and its inhabitants and that said money can
better be expended and said purposes accomplished through
the medium of Cross Timbers Fine Arts Council, Inc. acting
through its Board of Directors with facilities, officers and
employees skilled and experienced in said work by means of a
contract Vith said organization providing that said organiza-
tion shall be the contractor of the City for the expenditure
of said money.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF STEPHENVILLE:
1. There is hereby appropriated out of the General
Fund of the City of Stephenville for each fiscal year the
proceeds of one percent (1 %) of Stephenville Hotel -Motel
Occupancy Tax collected during the periods hereinafter set
out, less actual cost to City for services in collection
costs to be retained by the City of Stephenville, and said
monies are hereby ordered paid to Cross Timbers Fine Arts
Council, Inc. in a lump sum within forty -five (45) days
after the end of each quarterly collection period, said sums
of money to be expended by the Cross Timbers Fine Arts
Council, Inc. as provided in the contract herein authorized.
2. In order to carry out the above declared purposes
and to provide a means for the proper, efficient and econom-
ical expenditure of the above mentioned funds, the following
contract is hereby authorized and approved:
STATE OF TEXAS
COUNTY OF ERATH
THIS AGREEMENT this day made and entered into
between the City of Stephenville, a municipal corpora-
tion of Erath County, Texas, herein called "CITY" and
the Cross Timbers Fine Arts Council, Inc., a non- profit
corporation, with its office in Stephenville, Texas,
hereinafter called "FINE ARTS COUNCIL ",
W I T N E S S E T H
Section 1. By ordinance passed and approved on the 2nd
day of December, 1980, City agreed to pay over to Fine
Arts Council in lump sum one percent (1 %) of the
quarterly collections made under the City of Stephenville
Hotel -Motel Occupancy Tax for periods of time to be fixed
hereinafter out of the General Fund of the City of
Stephenville, for the encouragement, promotion, improvement,
and application of the arts, including music (instrumental
and vocal), dance, drama, folk art, creative writing,
architecture, design and allied fields, painting, sculpture,
photography, graphic and craft arts, motion pictures,
television, radio, tape and sound recording, and the arts
related to the presentation, performance, execution, and
exhibition of these major art forms, and to carry out such
agreement, said one percent (.1 %) is hereby, upon the
execution hereof, ordered paid over to the Fine Arts
Council in quarterly payments as said monies are collected
by the City of Stephenville.
Section 2. It is understood that the City enters into
this contract with Fine Arts Council under its power to
contract the functional and administrative work of expend-
ing said monies for said public purposes, and it is
understood that said ordinance and this contract consti-
tute Fine Arts Council the City's contractor for the
performance of said work.
Section 3. Therefore, for and in consideration of the
payment to the Fine Arts Council of one percent (1 %) of
the proceeds of the Hotel - Motel Occupancy Tax of the
City of Stephenville, less actual cost to City for
services and collection costs to be retained by the City,
for the period of time beginning January 1, .1981 and
82C
ending on September 30,1981 and for such further additional .
period or periods of time to be hereinafter determined by
the City Council of the City of Stephenville, the Fine Arts
Council hereby agrees and contracts to receive, conserve
and expend said funds through the express direction of its
Board of Directors, and to use its facilities, special
knowledge and experience during the term hereof, in the
expenditure thereof for said purposes mentioned.
Section 4. Term: The term of this contract shall be from
January 1, 1980 through September 30, 1980 and for any
extentions of this period of time that may be made by the
City Council of Stephenville. Either party hereof may
terminate this contract by giving to the other party
written notice of intention to terminate the contract at
the end of any term of this contract then in effect, such
notice to be given in writing sixty (60) days before such
termination date, and the right to so terminate this
contract is hereby specifically reserved to both parties.
Section 5. It is understood that the appropriation of
funds hereunder shall be only one percent (1 %) of those
funds collected under the City of Stephenville Hotel -
Motel Occupancy Tax ordinances and that the City shall pay
over in quarterly installments within forty -five (45) days
after the City's quarterly collection period such sums of
money collected to the extent of one percent (1 %) of the
levy of the City of Stephenville Hotel -Motel Occupancy
Tax less the actual cost of collecting said tax and per-
forming this contract which costs shall be retained by the
City of Stephenville.
Section 6. Terms and Conditions: The following terms and
conditions shall be binding on said parties:
(a) The funds available under this contract shall be
budgeted in a special fund by the Fine Arts Council and
shall be expended for the purposes hereinabove set out and
shall be disbursed under the direction of the Board of
Directors of the Fine Arts Council and accurate accounts
shall be kept thereon.
(b) Fine Arts Council shall make and render to the
City of Stephenville on or before June 1, 1981 a report
showing in reasonable detail how the funds previously
received hereunder have been expended and for what purposes
and the beneficial results thereof.
(c) City reserves the right to cancel this contract
on sixty (60) days' written notice for breach of any of its
provisions by Fine Arts Council, expressed through a
resolution of the City Council, and this contract shall
terminate at the expiration of said sixty (60) days unless
Fine Arts Council shall have previously corrected the
defaults set out in the cancelling resolution.
(d) City shall not be liable for any claims or demands
for damages, monetary or otherwise, that may grow out of or
arise from Fine Arts Council's action in the conducting and
carrying out of its work and activities financed under this
contract, and Fine Arts Council shall hold City harmless
from such claims and demands.
(e) It is further understood that by enacting this
ordinance and contract with the Fine Arts Council, the City
does not bind itself in the future as to any action of the
Council in connection with the alteration or repeal
ME
or amendment of the City of Stephenville Hotel -Motel Occupancy
Tax passed on July 2, 1974, and the ordinance for an additional
one percent (1%) tax passed on December 2, 1980, and furthermore,
in the event for any reason that funds are not collected by
the City under the provisions of the Hotel -Motel Occupancy
Tax, the City shall not be obligated under this ordinance
and contract to pay over any funds of the City to the
Fine Arts Council. It is also understood between the
parties to this contract that in the event no funds are
available from the City of Stephenville Hotel -Motel
Occupancy Tax ordinances, that this contract shall ter-
minate, paragraphs 4 and 5 hereof notwithstanding, and
the Fine Arts Council shall have no right or demand upon
the City for funds payable under this contract if such
funds are not available for any reason.
Section 7. A copy of said ordinance authorizing this contract
passed and approved on the 2nd day of December, 1980, is
attached hereto and made a part hereof as though fully copied
herein, and the provisions thereof shall be cumulative of the
provisions of this contract and govern the provisions hereof
where applicable.
IN WITNESS WHEREOF, the City of Stephenville has caused
these presents to be executed by its Mayor thereunto duly
authorized and its seal affixed hereto, and Cross Timbers
Fine Arts Council, Inc. has caused these presents to be
executed by its President and attested by its Secretary,
thereunto duly authorized, on this the 2nd day of December,
1980.
CITY OF STEPHENVILLE
J e Cummings , Mayor
A ST:
City Secretary
CROSS TIMBERS FINE ARTS
COUNCIL, INC.
By : :6Z -
Connie P. Birdsong,
President
ATTEST:
L i mix it iivt i i lN�
Secretary
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR,
on this the 2nd day of December, 1980.
'.j C . Y ummin s mayor
5
ATTEST:
G-.,d . . � . , —/- �' / , � YL
oyce Pemberton,
City Secretary
E:w
WM
ITEM V: BID ITEMS REQUIRING COUNCIL ACTION - #541
A. Councilman Brede moved, seconded by Councilman Irwin, that.the
City Council authorize the invitation of bids for a tank, pump and acces-
sories for the damaged fire truck. Motion carried unanimously by those
members present.
B. Councilman Irwin moved, seconded by Councilman Clayton, that the
City Council authorize the invitation of bids for an extracation tool for
the ambulance. Motion carried unanimously by those members present.
C. City Administrator Kurt Ackermann read the following bids for
re- roofing the library:
1. Lydick Roofing Company --------------------- $8,265.00
Brownwood, Texas
2. A & M Roofing Company ---------------------- $5,600.00
Hico, Texas
After discussion, Councilman Anderson moved, seconded by Councilman
Riggins, that the City Council defer action on these bids until the
credentials of the low bidder can be investigated. Motion carried unan-
imously by those members present.
Mayor Cummings appointed Councilmen Brede, chairman, Ferguson and
Riggins as a committee to work with the Planning & Zoning Commission to
study the Mobile Home Park Ordinance for possible changes and amendments.
Mayor Cummings asked Mr. Gann to have a landfill report and recommend-
ations ready for the January meeting.
There being no other business to come before the Council, the meeting
adjourned at 8:OO p.m.
71'"
1 ayor
ATTEST:
ity eczetary
,S1 .
REGULAR SESSION - TUESDAY
JANUARY 6, 1981 -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, January 6, 1981 at 7:00 p.m. with Mayor
Joe F. Cummings present and presiding.
COUNCILMEMBERS PRESENT
Mike Leese Raymond Anderson
William G. Brede E. W. Ferguson
Charles Riggins Larry Hammett
COUNCILMEMBERS ABSENT
W. M. Irwin David Clayton
OTHERS ATTENDING
City Administrator Kurt Ackermann.
City Secretary Joyce Pemberton
City Attorney Joseph Chandler
Director of Public Works R. Y. Gann
Fire Marshall Kenneth Haley
Director of Utilities Danny Johnson
Accountant Charlene Young
Water Supt. J. D. Chapman
Police Officer Doug Connors
Kenneth Currier
0. W. Stanford
Gene Morrison
Conrad Callicoatte
James Eddie Young
Paul Lansford
Garry Lewellen
Mayor Cummings called the meeting to order and declared a quorum
present.
ITEM I: APPROVAL OF MINUTES
Councilman Riggins moved, seconded by Councilman Leese, that the
minutes of the December 2, 1980 council meeting be approved as written.
Motion carried unanimously.
ITEM II: ANNUAL AUDIT REPORT FROM CHEATHAM & LANSFORD
Paul Lansford, representing Cheatham & Lansford accounting firm,
presented the annual audit report.
Mr. Lansford advised the Council of the city's filing with the
Municipal Financial Officers Association for a Certificate of Con-
formance which is a certification that the city's accounting practices
meet the highest standards of their association.
Mr. Lansford summarized the audit report and read their letter of
recommendations.
After some discussion, Councilman Anderson moved, seconded by
Councilman Brede, that the City Council approve and accept the audit
report as presented and that the recommendations be implemented. Motion
carried unanimously.
ITEM III: BID AWARDED FOR WASTEWATER TREATMENT PLANT
The city's Consultant Engineer, Conrad Callicoatte, presented the
following bids for construction of a wastewater treatment plant:
Sr'
o
T. C. E. C.------------------------------- - - - - -- $1,790,623.00
Jack Cooper Construction Co.----------- - - - - -- $1,981,000.00
Burden Bros. Construction Co.----------- - - - - -- $2,086,000.00
Belco Construction Co.----------------- - - - - -- $2,102,000.00
R. B. Butler, Inc .--------------------- - - - - -- $2,107,800.00
Ben Sira Construction Co.-------------- - - - - -- $2,130,000.00
Chisholm Trail Construction Co.-------- - - - - -- $2,289,000.00
Mr. Callicoatte advised the Council that the T.C.E.C. bid did not
include item 1.2. Also, the bid documents did require a bid bond which
T.C.E.C. did not include with their bid, therefore, it is not a re-
sponsive bid. Mr. Callicoatte recommended awarding the bid to Jack
Cooper Construction Co. which is the lowest qualified bid.
City Attorney Joseph Chandler advised the Council that the T.C.E.C.
bid is not a bid to be considered. It should be considered as a "no bid ".
After some discussion, Councilman Hammett moved, seconded by Council-
man Riggins, that the bid for the construction of a new wastewater
treatment plant be awarded to Jack Cooper Construction Co. in the amount
of $1,981,000.00, subject to the Environmental Protection Agency's con-
currence. The motion carried unanimously.
ITEM IV: ORDINANCE AUTHORIZING SALE OF A PORTION OF CLYFFSIDE
BLVD. TO ED DOWELL.
Mayor Cummings reviewed past action on this item and read the
ordinance heading authorizing the sale of a portion of Clyffside Blvd.
to J. E. (Ed) Dowell for the sum of $375.00 for 1247 sq. ft.
ORDINANCE
ORDINANCE DECLARING A PORTION OF CLYFFSIDE BOULEVARD IN THE
CLIFTON HEIGHTS ADDITION TO THE CITY OF STEPHENVILLE CON-
TAINING 1247 SQUARE. FEET OF LAND TO HAVE BEEN ABANDONED AS
A STREET, ORDERING THE SAME VACATED AND CLOSED, FINDING THE
VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO
J. E. DOWELL UPON THE PAYMENT OF THE AMOUNT FOUND TO BE THE
VALUE OF THIS LAND.
Councilman Anderson moved, seconded by Councilman Leese, that the
City Council pass and adopt the ordinance authorizing the sale of 1247
sq. ft. of Clyffside Blvd. to Ed Dowell for the sum of $375.00. Motion
carried unanimously.
ITEM V: APPLICATION BY 0. W. STANFORD FOR A MOBIL HOME PARK.
Director of Public Works R. Y. Gann advised that Mr. Stanford had
a Mobil Home Park at 1541 and 1545 Paddock St. a "few years ago and let
said permit expire. Now, he has filed.an application for a new permit
for a three (3) space Mobil Home Park at the same location. Mr. Gann
said there were no problems with utilities, drainage or space and he
recommended issuance of said permit.
Councilman Anderson moved, seconded by Councilman Ferguson, that
the City Council approve the application and that a permit be issued
for three (3) space Mobil Home Park at 1541 and 1545 Paddock St. as
requested by 0. W. Stanford. Motion carried unanimously.
VI: REPORT FROM PUBLIC WORKS DIRECTOR, R. Y. GANN, ON LAND-
FILL GATE FEES.
Mr. Gann reported that there were several areas that, in his opin-
ion, should be studied.in order to get a true cost of the operation of
the landfill. 1). The cost of repairs to the utility easements used by
the garbage trucks - - 2) the rate charged packer trucks at the land -
fill gate - - 3) the rapidity with which the landfill is filling up
(18 acres in 7 years) - - 4) rural pickup by Mr. Bledsoe - - 5) the
depreciation of the dozer.
Wow
AN
Mr. Gann recommended increasing the landfill gate fees for packer
trucks from $1.00 per cubic foot to $1.50 per cubic foot, but, with no
increase to the regular residential customers. He also recommended the
appointment of a committee to study the Dublin contract and look into
the areas mentioned.
After some discussion, Mayor Cummings appointed Councilmen Brede,
chairman, Riggins, and Anderson as a committee to work with Mr. Gann
and Mr. Ackermann on the items and recommendations of Mr. Gann and,
if possible, report back at the next regular meeting.
ITEM VII: APPOINTMENT OF MEMBERS TO SERVE ON THE PLANNING &
Mayor Cummings advised that the terms on the Planning & Zoning
Commission will expire for the following members:
Place
1 -Ralph Kemp
Place
7 -C. H. Maguire
Place
3- Jeremy Curtoys
Place
9 -J. Louis Evans
Place
5 -Bill Stem
Place
6- Ronnie Sullins (resigned)
Mayor Cummings recommended that these members be reappointed and
that Charles Castleberry be appointed to fill the vacancy created with
the resignation of Ronnie Sullins.
Councilman Leese moved, seconded by Councilman Riggins, that the
above listed persons be reappointed to serve on the Planning & Zoning
Commission for the new terms and Charles Castleberry be appointed to
serve the remaining portion of Ronnie Sullins' term in Place 6. Motion
carried unanimously,
ITEM VIII: BID ITEMS REQUIRING COUNCIL ACTION.
A. Authority To Invite Bids For Following Items:
1. Councilman Anderson moved, seconded by Councilman Brede,
to authorize the invitation of bids for two (2) spare pump motors for
the Water Department. Motion carried unanimously.
2. Councilman Brede moved, seconded by Councilman Anderson,
to authorize the invitation of bids for three (3) electrical control
boxes for water wells. Motion carried unanimously.
3. Councilman Riggins moved, seconded by Councilman Ferguson,
to authorize the invitation of bids for the sale of abandoned 75,000
gallon ground storage water tank. Motion carried unanimously.
B, Consideration To Award Bids On The Following Items:
1. Pick -up for the Water Department.
a. Harbin Motors ---------------- $6,256.60 -did not meet specs.
b. Bruner Chevrolet Co.--- - - - - -- $5,900.56 -1981 w /trade
$5,282.00 -1980 w /trade
c. Pollan -Blue Ford Co.--- - - - - -- $5,904.27 -1981 w /trade
$5,458.94 -1980 w /trade
Councilman Leese moved, seconded by Councilman Hammett, to accept
the alternate bid of $5,282.00 for a white 1980 Chevrolet pick -up for
the Water Department submitted by Bruner Chevrolet Company. Motion
carried unanimously.
2. Two patrol cars for the Police Department.
a. Bruner Chevrolet Co.-- - - - - -- $18,319.70 .
b. Harbin Motors --------------- $17,600.00
C. Pollan -Blue Ford Co.-- - - - - -- $17,242.00 - -2- barrel carb.
$17,992.00 - -4- barrel carb.
Councilman Leese moved, seconded by Councilman Riggins, to accept
the bid of $17,992.00 for 2 patrol cars submitted by Pollan -Blue Ford
Co. Motion carried unanimously.
I.M...
ORDINANCE DECLARING A PORTION OF CLYFFSIDE BOULEVARD IN THE CLIFTON HEIGHTS
ADDITION TO THE CITY OF STEPHENVILLE CONTAINING 1247 SQUARE FEET OF LAND TO
HAVE BEEN ABANDONED AS A STREET, ORDERING THE SAME VACATED AND CLOSED,
FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO J.
E. DOWELL UPON THE PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS
LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That portion of Clyffside Boulevard described as follows:
1247 square feet tract of land, being part of Clyffside
Boulevard, in the .Clifton Heights Addition to the City of
Stephenville, Erath County, Texas, as shown on King's 1956
Map of the City of Stephenville, adoption thereof recorded
in Volume 381, Page 105 of the Deed Records of Erath County,
Texas, and described as follows:
BEGINNING at an iron rod set at the intersection of the west
right of way line of South Cox's Avenue and the north right
of way line of Clyffside Boulevard, being the SEC of Block
No. 16 of the Clifton Heights Addition to the City of
Stephenville, Erath County, Texas, for the NEC of this
tract;
THENCE S 300 36' E, along a southerly extention of the west
line of South Cox's Avenue, 26 feet to an iron rod set for
the SEC of this tract;
THENCE S 720 48' W, 98.6 feet to an iron rod set in the
north line of Clyffside Boulevard, being the SWC of a lot
conveyed by T. L. Pittman to J. E. Dowell by deed dated
February 21, 1979 and recorded in Volume 568, page 516 of
the Deed Records of Erath County, Texas, for the west corner
of this tract;
THENCE N 570 32' E, along the north line of Clyffside
Boulevard and the south line of said Dowell lot, 96 feet to
the place of beginning and containing 1247 square feet of
land out of Clyffside Boulevard;
is hereby declared to have been abandoned for street purposes and said
portion of Clyffside Boulevard above described is hereby ordered vacated
and closed as a street.
Section Two
That portion of Clyffside Boulevard hereinabove described is hereby
found by the City Council of Stephenville, Texas, to be of a value of
$375.00. Said amount having been offered by J. E. DOWELL for that portion
of Clyffside Boulevard above described, it is hereby ordered and directed
that JOE F. CUMMINGS, Mayor of the City of Stephenville, execute a special
warranty deed to the said J. E. DOWELL conveying to him the above described
land and such deed shall be delivered to the said J. E. DOWELL upon the
payment by him to the City of Stephenville of said sum of $375.00, the said
J. E. DOWELL owning property adjacent to that land hereinabove described.
PASSED AND APPROVED this 6th day of January 1981 .
L J v
Joe . Cummings, Mayor
ATTEST:
. J
oyc Pemberton, City Secretary
ST
3. Tank and accessories for fire truck.
a. Fire Appliance Co. of Texas--- - - - - -- $30,286.36
b. W. A. Neel & Associates------- - - - - -- $25,500.00
Councilman Ferguson moved, seconded by Councilman Riggins, to
accept the bid of $25,500.00 submitted by W. A. Neel & Associates for
a 900 gallon tank and accessories for fire truck. Motion carried un-
animously.
4. Reroof the library.
These bids were opened at the December 2nd meeting and
acceptance of bids was delayed until this meeting. After some discussion,
Councilman Anderson moved, seconded by Councilman Brede, to accept the
bid of $5,600.00 submitted by A & M Roofing Co. (Mike Flowers) of Hico,
Texas, to reroof the library. Motion carried unanimously.
ITEM IX: REVIEW PERMIT PROCEDURES FOR CONSTRUCTION AND EXCAVATION
Mayor Cummings said he was sure all members of the Council were
aware of the recent problems with the excavation of city streets by
one of the utility companies. He felt this would be a good time to
review and update the ordinance presently in the Code of Ordinances
pertaining to the construction and excavation of city streets.
After discussion, Mayor Cummings directed Mr. Ackermann to work
with Mr. Gann, Mr. Chandler and any of the council needed to consider
proposed amendments to the present ordinance regarding excavation of
streets, truck deliveries and any related items and report back to the
Council as soon as possible.
ITEM X: GARRY LEWELLEN WITH REGARD TO THE KEEPING OF FARM
Garry Lewellen, an attorney representing a group of residents in
the North Dale Ave. area, presented a petition with approximately twenty
(20) signatures, stating that the Chumney Hog Farm constitutes a public
nuisance, as defined by law and covered in the ordinances of the city.
Mr. Lewellen, on behalf of the residents, asked the City Council
to take the proper action to remove said Hog Farm as a public nuisance.
Mayor Cummings directed City Administrator Kurt Ackermann to con-
tact Dr. Leon M. Altaras, City Health Officer, for an investigation
of that area.and report back to the Council at the next regular meeting.
The Mayor also advised that the ordinance provides that animals may be
kept unless the constitute a health hazard or create a public nuisance.
Also to advise Mr. Chumney of said situation so that he may appear at
the next meeting.
ITEM XI: COMMITTEE APPOINTED TO
Mayor Cummings explained that there are several organizations that
receive free water and sewer. The city's Financial Advisor, Jack Gray,
has advised that, if the city is to issue Water and Sewer Improvement
Bonds, there cannot be any free water and sewer. Therefore, a committee
is needed to study this situation.
Mayor Cummings appointed Councilmen Irwin, Hammett and Ferguson,
chairman, as a committee to work with the City Administrator and Fire
Marshall to try to work out a satisfactory type of policy which will
put the city in a favorable position for the sale of said bonds and,
if possible, have it ready by the next regular meeting.
NOR
Mayor Cummings announced two (2) Special Meetings for the next
week:
1. Tuesday, January 13, 1981 at 3:30 p.m. in Council Chamber
for the purpose.of meeting with Jack Gray to,discuss ad-
ditional information regarding the city's loan from the
state for utility improvements.
2. Thursday, January 15, 1981 at 3:00 p.m, - place to be
announced later - for the purpose of meeting with the County
Commissioners for discussion of rural firefighting service.
There being no other business to come before the Council, the
meeting adjourned at 9:15 p.m.
ATTEST:
ty eczeCary
Mayor