HomeMy WebLinkAbout1979-03-06 - Regular City CouncilREGULAR MEETING - TUESDAY
MARCH 6, 1979 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, CITY OF STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas met in Regular
Session Tuesday, March 6, 1979 at 7:00 p.m. with Mayor Donald R.
Jones present and presiding. Councilmembers Mike Leese, W. M. Irwin,
Calvin A. McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson,
Larry Hammett, and Linda Chew were present.
Others attending the meeting were City Administrator Marshall
Shelton, Administrative Assistant Kurt Ackermann, Director of Public
Works R. Y. Gann, Chief of Police Mike Watkins, Director of Utilities
Danny Johnson, Director of Parks & Recreation Ronnie Isham, Fire Marshall
Kenneth Haley, Water Spt. J. D. Chapman, Assistant City Attorney Randy
Chandler, Firement Ray Stone, Ricky Hyde, and Randy Spikes, Mr. J. W. Beck,
Mr. Mike Williams, Mrs. Betty Heath, Mr. Bill Hofmann, Mr. Truett Bramlett,
Mr. Brad Allen, Mr. Charles Gambel, Mrs. Virginia Dorris, Mr. Dean Cox,
Mr. Rex Morgan, Mr. Scott Allen, City Secretary Joyce Pemberton, members
of the press and many others.
Mayor Jones called the meeting to order and asked the councilmembers
to read the minutes of the two previous meetings.
ITEM I: APPROVAL OF THE MINUTES.
Councilman Irwin moved, seconded by Councilman Leese, that the minutes
of the meetings of February 1st and February 27, 1979, be approved as
written. Motion carried unanimously.
ITEM II: DISCUSSION OF REZONING OF LOT 8E, BLOCK 139, CITY ADDITION,
FROM R-i to R-2.
Mayor Jones explained that Mr. Brad Allen had filed an application
for a change of zoning on Lot 8E, Block 139, City Addition, City of
Stephenville, Texas, from R -1 to R -2, for the purpose of constructing a
nursing and rehabilitation center. Mr. Allen had met with the Zoning Board
February 16, 1979. In said meeting, the Zoning Board had a tie vote of
2 for and 2 against a motion to deny said rezoning request, therefore,
Mrs. Dorris also stated that whatever action the Council takes on
this request, that she personally, as a member of the Zoning Board, will
take it as a matter of precedent as what the Council wants the Zoning
Board to do in the future when these particular problems arise. Mrs.
Dorris continued that there is R -1 property there and the property owners
are protesting having it rezoned to R -2. If the Council does decide in
favor of said rezoning, it is going to be a matter of statement on the
Council's part, as elected officials, that they feel this is what the
citizens of Stephenville want the Zoning Board to do. That is what the
Zoning Board wants to do as they serve the people of Stephenville.
Mrs. Dorris asked the Council to consider that when said property is
zoned R -2, it will not make any difference what was proposed to be con-
structed because once it is rezoned to R -2 anything in a R -2 category
may go there at any future date.
Councilman Irwin commented that he would rather the whole Zoning
Board be together, then, if an appeal is necessary, appeal to the Council.
Mr. Brad Allen, 1401 Jones Street, said he did have a presentation
on the rezoning application that he could make tonight, but due to a
long agenda, a public hearing might be better. He also stated that
some of the area residents did support his project as opposed to an
apartment complex.
After more discussion, Councilman Leese moved, seconded by Council-
woman Chew, to set Tuesday, March 27, 1979 at 7 o'clock p.m. as the
date for a public hearing to discuss the rezoning of Lot 8E, Block 139,
City Addition, from R -1 to R -2. Motion carried unanimously. _
ITEM III: PUBLIC HEARING TO CONSIDER RATE INCREASE REQUEST BY
LONE STAR GAS COMPANY.
Councilman Irwin, reporting for his committee, said that the com-
mittee had met several times and explained the different items they had
considered.
In part, he reported that Lone Star Gas, in their original request
had restructured their rates and service charges to increase their in-
come from $25,000 to $69,000. This included a $3.00 service charge for
everyone that had a gas connection whether they used any gas or not.
They were as -ing for a 14% increase exclusive of the gate rate adjustment.
The Committee considered eliminating the burden on the small con
sumuer (the elderly on a fixed income). This bracket would include 58%
of the residents. Put the burden on the heavy consumers (let the ones
using it pay for it). The committee did not disturb the commercial con-
sumer's projection and left the service charge fees as requested (which
would produce $20,000 per year increase). The above items would decrease
the overall percentage increase to 7% increase.
Mr. J. W. Beck, local manager of Lone Star Gas, and Mike Williams,
a Lone Star Gas representative, explained to the Council the way the
gas bills are computed and answered questions for the Council. _!
After a lengthy discussion, Mrs. Betty Heath, 878 Lydia, came before
the Council commenting that, in her opinion, replacement costs new is
a totally whimscal figure as the utility companies charge off their
equipment costs against their corporate income tax on a depreciation
rate. She said she feels that interjecting equipment cost new into
the rate configuration is simply asking the consumer to continually pay
for replacing equipment that may never have to-be replaced.
Mrs. Heath asked if the Council had secured figures, vis -a -vis, the
amount of equipment owned and used in Stephenville and the amount of
gas provided to Stephenville to compare with the same in other communities
and, if so, how do the proposed rates compare to the investment and ser-
vices and, if these figures were not secured, why not?
Councilman Irwin answered that these questions had been discussed but,
no they do not have exact comparable figures to give the answers to her
questions.
Mrs. Heath also asked for discussion regarding the reconnect fees.
There being no other comments from the floor, Councilman Irwin ad-
vised the Council that the committee is not quite .ready to make a full
recommenation as they have not had ample time to study the new pro- _
visions and he feels it would be unfair to aske the Council to vote on the
proposed rate increase at this time. He proposed to table this item
until the April 2nd council meeting. __
228 -A
NO
EDUCATIONAL INCENTIVE BONUSES
The purpose of the Educational Incentive Plan is to provide a monetary
reward to those employees who undertake and successfully complete ed-
ucational programs which enhance the performance of their duties as
public employees._
Educational and training programs are to be designed by the city's
department heads and presented to the City Administrator for approval
before implementation. In general terms, these programs should be as
equitable as possible in comparison to other city departments and
should include standards,which exceed an employee's minimum job re-
quirements as established by the City of Stephenville.
When possible, the employee is required to attend classes on his or
her own time, however, should extenuating circumstances arise which
would make off -duty attendance impossible the City will grant attendance
during working hours.
Employees will be required to pay their own expenses (tuition, fees,
registration, etc) if they wish to participate in their department's
program as it applies to the educational incentive plan.
Educational incentive bonuses will be paid by the City in the form of
a lump sum on the last day of each fiscal year. Employees will begin
accruing credit; for these programs upon showing documentation (certif-
icates or related documents) and providing file copies to the Personnel
Director.
229
After more discussion, Councilman Irwin moved, seconded by Council -
man Riggins, that the City Council approve the Surety Bond form in the
amount of $15,000 with either Associated Indemnity Corp, San Francisco,
California or National Surety Corp, Chicago, Illinois, Motion carried
unanimously.
Mayor Jones asked the committee to check the rates as compared to
other cities.
ITEM IV: ADOPTION OF EDUCATIONAL INCENTIVE PLAN FOR CITY EMPLOYEES.
Councilman Hammett, reporting for the committee, advised the Council
that the committee has met with the Department Heads twice and have
visited with others,also. The committee and Department Heads think the
plan as a whole is a very good one.
Councilman Hammett said the only problem was with the job description
of the Fire Department regarding the ECA and EMT training. This is
enough of a problem that the committee feels it should be deleted from the
incentive plan and the Council as a whole should make a determination of
whether the EMT training is a job requirement or not.
Mayor Jones pointed out that the Council had never, as a policy matter,
placed into the job requirement of a fireman the EMT training. As a
mater of policy, the Council has said they want EMT trained personnel to
operate the ambulance because of the better quality of service the citizens
of the community would get.
The Mayor explained that some of the firemen were concerned because,
if the EMT were a job requirement and in two years when they had to re-
certify and failed, they would be out of a job.
Mayor Jones said it had been suggested to lower the EMT standards to
ECA standards. The difference between the two being, basically, that the
ECA requires 50 less classroom hours with no hospital training, fewer
questions on the exam, and two less skills tests.
Mayor Jones said the Council needs to determine the minimum job
requirements they are going to accept and write them into the job
requirements for the Fire and Ambulance Department. He said he had
thought there was some merit to considering the ECA standards as there
were less requirements, then, having the EMT under the incentive plan.
He has since been informed that the ECA recertification test is more
difficult to pass than the EMT test. Both the ECA and EMT require re-
certification every two years. It is a question of what the Council
plugs into the job requirement as to what they would consider on the
incentive plan.
Councilman Hammett said he did not have a problem with either the
ECA or the EMT, but he does think the Council needs to decide what kind
of plan what the job requirements are to be and what will be included
in the incentive plan for the Fire & Ambulance Dept. and go with it. He
said the committee had a two hour meeting with the Department Heads and
most of the discussion had centered on the Fire & Ambulance Department.
Fire Marshall Kenneth Haley came before the Council speaking in
behalf of the Fire & Ambulance Department. Mr. Haley explained that some
of his men were better firefighters than ambulance attendants and the
other way around. Approximately 80% of his men have their EMT certifi-
cation. There is an average of 80% failure rate in the recertification
program now. The ECA training course is what is taken for the EMT re-
certification. The ECA is a lower classification than the EMT, but
the reason so many fail the ECA exam is that someone off the street that
has no training cannot pass the exam. To recertify an EMT, you take an
ECA exam and the levels keep jumping back and forth, then, when the
exam is given, it may cover some material that has not been covered in
class or may be on a handout that the student has not seen.
Mr. Haley said that he would hate to see the Council set requirements
higher than the state requirements. The state requires a first aid card.
He would like to see the city's requirements set at the state level, then,
if the city employees want to go higher, they can do this on their own.
Anyone with an advanced first aid card can do anything on the ambulance
that an EMT can do.
Mayor Jones asked if the EMT training would enable anyone to do more
than if they only had an advanced first aid card. Mr. Haley replied there
is not anything more an EMT trained person can do than a person with
an advanced first aid card. He said that if a person made 4 or 5 am-
bulance runs a day he would get more practice than he would in 80 hours
of EMT training.
M
Mayor Jones asked why the failure rate was so high in the recerti-
fication program. Mr. Haley replied that the state gives the recerti-
fication exams and if you tie a bandage wrong you fail the exam and have
to take the whol program over. Several persons have failed the ECA
recertification course over some "nit picking" things the state examiners
have found.
Mr. Haley recommendedto the Council that the city's job requirements
be the same as the state requirements. That all personnel of the Fire &
Ambulance Department be required to have an advanced first aid card and
anything above that they just work up the ladder to get.
Councilman Leese said that one thing the committee had thought was
unfair about the EMT being under the incentive plan was that a fireman
could get his EMT training in 2 to 4 months, whereas, it took the other
departments approximately 2 years to obtain a certificate. They thought
it would be unfair for a fireman to get the additional $25.00 per month
at the end of 2 to 4 months, whereas, other department personnel would
take approximately 2 years.
Councilman Leese agreed that the incentive bonuses should be
limited to two per person and any other advance training should be
included in the base salaries. Said limitations should be written into
the Educational Incentive Plan and said plan approved as one item. As
far as what will be required or not required on the EMT training be
considered as a separate item.
i
Councilman McGee made the motion that the City Council implement
the Educational Incentive Bonuses at this time. That the limitation
be written into the plan that no employee may be qualified for more than
two incentive bonuses at any one time. Councilman Leese asked that the
motion be amended to make the effective date retroactive to October 1,
1978. Councilman McGee accepted the amendment to his motion. Council-
man Hammett made the second to the motion and to the amendment. The
motion carried by a unanimous vote.
Councilman Leese made the motion that the city require the advanced
first aid card. That anyone employed in the Fire Department be required
to take the EMT training within 18 months after employment. If they re-
certify after two years, the EMT recertification will become a part of
the Educational Incentive Plan at that time for as long as the certifi-
cation is retained. Councilwoman Chew made the second. The motion
carried by a unanimous vote.
ITEM V: PASSAGE OF ORDINANCE BANDONING A PORTION OF EAST LONG ST.
Mayor Jones explained that the abandonment of a portion of East
Long Street is relating to that portion of East Long Street east of
the Bosque river where the Boy Scouts' building (on the north side) is
located. The Boy Scouts are exchanging their property for a portion of
East Long Street. Said exchange of property being necessary to im-
plement the Highway Department's Long Street project of connecting Long
Street with Highway 281.
Councilwoman Chew moved, seconded by Councilman Ferguson, that the
City Council approve and adopt said ordinance as read. Motion carried
unanimously.
.0 : O W 08)
AN ORDINANCE DECLARING A PORTION OF EAST LONG STREET CONTAINING
0.354 ACRE AND BEING A PART OF LOTS 2 AND 3, BLOCK 78, CITY
ADDITION OF THE CITY OF STEPHENVILLE 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 TRUSTEES NAMED BELOW IN EXCHANGE FOR LAND BEING CONVEYED
BY SAID TRUSTEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
ORDINANCE DECLARING A PORTION OF EAST LONG STREET CONTAINING 0.354 ACRE AND
BEING A PART OF LOTS 2 AND 3, BLOCK 78, CITY ADDITION OF THE CITY OF STEPHEN -
VILLE 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
TRUSTEES NAMED BELOW IN EXCHANGE FOR LAND BEING CONVEYED BY SAID TRUSTEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That portion of East Long Street described as follows:
BEING 0.354 acres of 15,415 square feet of land, more or less,
situated in the County of Erath, State of Texas, and being a part
of Lot 2 and 3, Block 78, City Addition, of the City of Stephen-
ville and being a part of a tract of land conveyed to the Trustees
for the Boy Scouts of America in Stephenville, Texas by deed dated
March 18, 1963, and recorded in Volume 389, Page 465, and being a
part of the same land more fully described by metes and bounds, as
recorded in Volume 264, Page 550, of the Deed Records of Erath
County and is more particularly described as follows:
BEGINNING at a point for a corner in the east property line of Lot
2, Block 78, City Addition of the City of Stephenville, the west
property line of Lennox Street, the north property line of Long
Street and lying S. 29° 52'E, 133.13 feet along east property line
of Lot 1 and 2, Block 78, from a northeast corner of Lot 1, Block
78, City Addition of the City of Stephenville;
THENCE S 290 52'E, 50.00 feet along the east property line of Lot
2, Block 78, City Addition, being the west line of Lennox Street,
to a point for.,a corner, in the south line of existing Long Street;
THENCE S 60014'W, 387.29 feet along the existing south right of
way line of Long Street to a point for a corner in the proposed
,south right of way line of Long Street, 40.00 feet southerly and
normal to relocated centerline survey station 145 +59.16;
THENCE in an easterly direction along the proposed south right of
way line of Long Street, with a curve to the left whose radius is
612.96-feet and whose central angle is 12 °21'54 ", 132.28 feet to a
point for a corner, 40.00 feet southerly and normal to relocated
centerline survey station 146 +82.82;
THENCE N 35010'E, 17.16 feet along the proposed south right of way
line of Long Street to a point for a corner, 40.00 feet southerly
and normal to relocated centerline survey station 146 +99.98;
THENCE N60° 14'E, 246.74 feet along the existing north right of
way line of Long Street to the place of beginning, containing
0.354 acres or 15,415 square feet of land, more or less, all of
which is existing right of way of Old Long Street between the
proposed south right of way line and Lennox Street.
is hereby declared to have been abandoned for street purposes and said land
above described is hereby ordered vacated and closed as a street.
Section Two
That land hereinabove described shall be conveyed in exchange for other
land needed by the City for street purposes and it is hereby ordered and
directed that DONALD R. JONES, Mayor of the City of Stephenville, execute a
special warranty deed to REECIE JONES, PAUL CUNYUS and OREN H. ELLIS, Trustees
for the Boy Scouts of America in Stephenville, Texas, conveying to them the
above described land and such deed shall be delivered to the said Trustees
upon the execution by said Trustees of deed conveying land in exchange therefor
to the City of Stephenville.
PASSED AND APPROVED thisj;1�6 _day of March, 1979.
ST:
y e Pemberton, City Secretary
230A
r �
ORDINANCE
AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, RETAINING
THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE
1066c, VERNON's TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION
OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
SECTION I. The City of Stephenville, by a majority vote of its
governing body, hereby votes to retain the taxes authorized by the
Local Sales and Use Tax Act (Article 1066c, Vernon's Texas Civil
Statutes) on the receipts from the sale, production, distribution
lease, or rental of, and the use,storage, or other consumption of
gas and electricity for residential use, as authorized by Section
6 of House Bill No. 1, Acts 1978, 65th Legislature, Second Called
Session.
PASSED AND APPROVED, THIS the 6th day of March, 1979.
APPROVED:
ATTEST:
-�oyc Pemberton, City Secretary
ona R. Jones, r o
231
ITEM VI: PASSAGE OF ORDINANCE RETAINING THE CITY SALES TAX
ON TTTTT.TTV RTT.T.S
Mayor Jones explained that the State had enacted legislation ex-
empting residential use of gas and electricity from the 4% sales tax.
Along with that bill, they provided local option on the 1% local city
sales tax. The residential use exemption for 1% sales tax becomes
effective October 1, 1979, unless the city takes action to pass an
ordinance stating that we retain the 1% city sales tax.
City Administrator Shelton advised the Council that should they
exempt the. 1% city sales tax it would mean a $50,000 per year decrease
in the city's revenue.
Councilman Irwin moved, seconded by Councilman Leese, that the
City of Stephenville retain the 1% local city sales tax on the sale
and distribution of gas and electricity for residential use in said
city. Motion carried unanimously.
ORDINANCE
AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, RETAINING
THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE
1066c, VERNON'S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRI-
BUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
ITEM VII: BID ACCEPTED ON THE CITY'S FLEET INSURANCE COVERAGE.
Administrative Assistant Ackermann presented the following bids
for the city's fleet insurance coverage;
1. Sargent Insurance Agency ------------ $6,612.00 per specs
$8,792.00 including
Comprehensive & Gen.Liability
2. B.Thompson Insurance Agency --------- $7,071.00 per specs
$11,300.00 including
Comprehensive & Gen.Liability
After discussion, Councilman McGee moved, seconded by Council-
woman Chew, that the City Council accept the low bid submitted by
Sargent Insurance Agency in the amount of $8,792.00 for the city's
fleet insurance coverage including Comprehensive and General Liability.
The motion carried unanimously.
ITEM VIII: ORDINANCE REGARDING BUSINESS LICENSES TABLED.
Mayor Jones explained that as the Assistant City Attorney was still
working on this ordinance, it would be tabled at this time and con-
- sidered at a future date.
BID ACCEPTED FOR PURCHASE OF NEW PICKUP FOR
Administrative Assistant Kurt Ackermann presented the following
bids for the purchase of a new 2 ton pickup for the Water & Sanitation
Department:
1. Newman Agronomics --------------------- $6,550.00 per specs.
2. Bruner Chevrolet Co.------------ - - - - -- $4,982.00 per specs.
3. Harbin Buick - Pontiac Co.- - - - - -- $4,904.00 per specs.
4. Pollen -Blue Ford Co.------------ - - - - -- $4,718.00 per specs.
Mr. Ackermann advised the Council that $4,200 remained in the budget
for said pickup. In the budget, this pickup had been combined with a
dump truck and the price of the dump truck had been more than anticipated.
After some discussion, Councilman McGee moved, seconded by Council-
man Riggins, to accept the low bid submitted by Pollen -Blue Ford Company in
the amount of $4,718.00 for the purchase of a new z ton pickup. The
budget be amended $518.00 to cover the difference. Motion carried un-
animously.
ME
ITEM X: DISCUSSION OF REPLAT PROCEDURE IN SUBDIVISIONS TABLED.
Mayor Jones advised that individual lots as well as lots in sub -
divisions are being considered relating to the increasing and decreasing
the size of lots and more work was needed on this before presentation.
This item was tabled to be discussed in a future meeting.'
ITEM XI: DEPARTMENTAL REPORT BY RONNIE ISHAM
In his report on the Parks & Recreation Department, Mr. Isham said
that on the whole the Parks & Recreation Department has doubled in the
past five years. The 1978 -79 General Fund Budget is about $90,000 as
compared to $45,000 for 1974.
Mr. Isham, after outlining his plans for the present, asked,the
Council to be considering some plans for the future, such as, more
park land, a recreation center or community building or remodeling
the present building, a swimming pool, neighborhood parks, a walking
trail around the Jaycee Park, splitting the existing large pavillion
into sections and build another pavillion south of the river, build
obstacle courses around the Hike & Bike Trail, workout area for hand-
ball and racquet ball, and an area for skateboards.
In closing his report, Mr. Isham commended the Council for in-
cluding the Comprehensive & General Liability in the insurance
coverage. He also commended the Council for their continued support
of the Parks & Recreation Department as the City of Stephenville is
known as having the best little park and having the best recreation
program in the State of Texas.
OLD BUSINESS - NOT LISTED ON THE AGENDA
1. PURCHASE OF BUILDING ADJACENT TO SENIOR CITIZENS BUILDING.
Mayor Jones advised that Mrs. Lavania Lohrmann had given him a list
of repairs needed, if the city received the grant to purchase the
building adjacent to the present Senior Citizens Center from the
Terrell Foundation for $30,000.00
a. New roof - $3,000 to $3,500.
b. Simple wiring from scratch, ceiling repair, 2 entrances from
present center, replacement of broken windows, repair window
frames, repair floor and possibly level. The repair of the
holes in the walls and all painting can be done by the senior
citizens themselves.
Mrs. Lohrmann said she did not have a total amount for the above
repairs. Mayor Jones asked that she get the estimated figures for the
repairs and the Council would take action in the Called Meeting on March
27th or take a telephone poll of the Council if she needed the information
sooner.
2. DISCUSSION OF MAINTENANCE OF LANDFILL ROAD.
Councilman Hammett asked if anyone on the Council could remember
or if there was any record of a prior commitment by the city for the
paving or maintenance of the county road to the city sanitary landfill
other than helping keep the trash picked up.
Councilman Irwin said that he had not listened to any tapes, but
others had and there was no such commitment made.
Councilman Hammett asked if there had been any determination as to
whether it was legal or not for the city to expend funds on a county
road. Assistant City Attorney Chandler advised that he had contacted
Mr. Riley Fletcher of the Texas Municipal League's legal staff. Mr.
Fletcher had advised that the city could not expend city funds toward
the maintenance of land outside the city limits, unless the city owned
the property.
Mayor Jones said he had talked with the County Judge and she was
going to talk further with the County Commissioners. They will talk
further with Mr. George Black as it seems a Farm to Market road would
solve the problem. Mr. Black says it will probably take two years to
get the FM road. Then, the county can use General Funds for maintenance
of a FM road rather than precinct funds. Neither the Mayor not the
County Judge have met with the Commissioners for discussion of what
can be done.
Mr. Bill Hofmann spoke to the Council regarding the terrible con-
dition of the road to the landfill. Mr. Hofmann also asked about the
233
ordinance requiring vehicles to be covered when hauling trash. Council-
man Irwin answered that he thought the Sheriff's Department was to
patrol the area in this regard. City Administrator Shelton said he would
see that the trash in and on the sides of the road was picked up during
this week and try to do a better job in keeping this area free of trash
in the future.
Councilman Irwin said he felt there had to be a way to work with the
county to come up with a plan that would be beneficial to all.
Mayor Jones said neither he nor any of the Council was arguing about
the condition of the road but it is a matter of obligation. It is like
telling the county to come in and pave Graham Street for the city. Mayor
Jones also pointed out that the Commissioners were not willing to go into
another precinct to help each other out, therefore, the city certainly is
not going to participate with one Commissioner if the other Commissioners
won't participate. The materials alone would be approximately $16,000
per mile and there are two miles.
Mrs. Virginia Dorris asked if these people had been to the Commissioners'
Court to speak to them about this road and the paving problems. She said
she had attended several council meetings when all of this was going on.
She did not remember the council making a financial commitment of city
funds for the maintenance of a county road because they know that legally
they can't do that. This si something that should be presented to the
County Commissioners.
Mr. Hofmann said it had been presented to the Commissioners and they
had said they were out of money.
Mayor Jones pointed out that the county has the same taxing authority
as the city to raise funds. They certainly have the legal right and,
maybe, the legal obligation to maintain county roads.
Mr. Truett Bramlett advised the Council that the residents in the land-
fill area had talked with prior County Judge Martin. He had told them
there were not funds available to pave this road. The people had under-
stood from iscussion the council meetings, at the time the landfill was
purchased and before the purchase, that the city would maintain this
road. The City Council did not vote on this. The people just thought
they would from the discussion.
Mrs. Virginia Dorris said that all of the City Council as well as other
residents of the city pay county taxes. This landfill is used by persons
from all over the county, therefore, it might be. of merit for all citizens
to encourage the County Commissioners Court to take this as a prorated type
of expense. The road, even though it may fall into Mr. Reaves' precinct,
should be maintained by the prorated funds of all the precincts.
Mayor Jones said he and Councilman Irwin are to meet with the Commissioners
the next time they meet to discuss this matter.
3. RANDY CHANDLER DISCUSSES DELINQUENT PERSONAL PROPERTY TAXES.
Assistant City Attorney Chandler advised the Council that several
persons had come to him and the Tax Assessor saying they would pay the
delinquent personal property taxes, but not the penalties and court costs.
The city can get a judgement but that is all. There is no way to collect
the money.
Mr. Chandler said he did not know how much authority the Council
wanted him to assume in the collection of these delinquent personal
property taxes. He said he would like for the Council to authorize
him and the Tax Assessor to "bargain" with these prople to collect
the taxes and "write off" the penalties and court costs. Get all of
these accounts cleared up and let Mr. Groves start clean. Mr. Chandler
also advised that once the city had sued the individuals for the de-
linquent taxes, the attorney (or city) could settle anyway they saw fit.
Councilman Irwin said he would be in favor of settling them anyway
we can to clear the tax rolls.
Mayor Jones said he would be in favor of this also as the city would
spend $200 or $300 of prosecute and still not collect any money.
Mr. Shelton suggested refunding the penalties and court costs to
those that have paid and did not complain. He said he did not want to
set a criteria for someone to make a complaint. Mr. Chandler said if the
city were going to refund what had been collectred to just forget his
suggestion. He said there were just a few (approx.10) that were a pro-
blem and he thought the city might get the tax rolls cleared by negotiating
with these few. He did not want to set a precedent.
234
Councilman Anderson commented that he did not see how we could
collect said penalties and court costs in the future if they were
adjusted now.
Councilman Irwin commetned that Mr. Shelton had a made a good
point. If some of the people had paid the taxes, penalties, and
court costs, the others owed this also.
Councilman McGee suggested letting Mr. Chandler negotiate with
these few on a non - precedent setting basis in order to get the tax
rolls cleared this one time and start fresh with a clean tax roll.
After more discussion, it was the consensus of the Mayor and
Council that as some of people had paid the taxes, penalties, and
court costs that the city should stay with this policy. In the future,
when they initially file the suits, if the Council wants to give Mr.
Chandler the policy to negotiate an amount and a fine, then every-
one will be treated the same way. Mayor Jones directed Mr. Chandler
to pursue these ten accounts as he had the others.
There being no other business, the meeting adjourned at 10:45 p.m.
ATTEST:
,,;,Z'Cit,tl Secretary
Mayor
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