Loading...
HomeMy WebLinkAbout1977-04-05 - Regular City CouncilREGULAR SESSION - TUESDAY APRIL 5, 1977 - 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, April 5, 1977, at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Jim Chambers, W. M. Irwin, Calvin McGee, Charles Riggins, Raymond Anderson, Ermer Ferguson, Larry Hammett and Betty Heath were present. Others attending the meeting were City Administrator Marshall Shelton, Dir- ector of Public Works R. Y. Gann, Administrative Assistant Kurt Ackermann, Director of Utilities Danny Johnson, Water & Sewer Supterintendent J. D. Chapman, Street Superintendent Clinton Hicks, Fire Marshall Kenneth Haley, Assistant City Attorney Randolph Chandler, City Secretary Joyce Pemberton and many other interested citizens. Mayor Jones called the meeting to order and Reverend Henry Cox gave the in- vocation. Councilwoman Heath made the motion that the minutes of the meetings of March 1st, 8th and 14th be approved as written. Councilman Chambers made the second. Motion carried unanimously. Mr. Bobby Critendon, Director of Surface Water Division of the Texas Water De- velopment Board, came before the Council to discuss the present and future water needs for the City of Stephenville. In his report, Mr. Critendon advised the Council that Stephenville's present water supply would last until approximately 1993 at the present growth rate and that the Texas Water Development Board considered surface water the best method for future development. He explained that the most feasible alternative for Stephenville would be a pipeline from Stephenville to Lake Proctor. Mr. Critendon discussed with the Council the possibility of "the Stephenville water project" which would involve a lake covering a large portion of the south- ern part of the country, with a dam in the vicinity of Clairette. He pointed out that such a lake would cost quite a large amount, four t4 five million dollars for just the dam and ten to fifteen years to complete. Mr. Critendon also pointed out that such a project would be in competition with Lake Waco but that such competition would in no way affect the city's ability to obtain funding from the state, although the Texas Water Rights Commission could become involved in determining the necessity for the "Stephenville Water Project ". In closing his report, Mr. Critendon said the City Council of the City of Step- henville should be commended for their foresight in investigating the future alternatives and for their present water system. 84 In reply to Councilman Chambers' question as to the next step for Stephenville, ( l Mr. Critendon said the City should look at all of their alternatives: get an engineer to look at the cost of a pipeline to Lake Proctor, look at the cost of building a lake and dam and the costs of the pipeline to get the water to the consumer. In other words, weigh all the alternatives available. Also to con - sider the recreational advantages of a lake and dam. Attorney Don McNiel came before the Council speaking in behalf of the senior citizens requesting an exemption on their advalorem tax, at a minimum of $3,000. for those person 65 years of age or older. Mr. McNiel asked the Council to consider the senior citizens' fixed income and the rate of inflation and grant this tax exemption to them. Mr. McNiel also pointed out that he thought the City could more than make up the difference of tax revenue lost in this exemption with the new buildings, new industry and the reappraisal of all the property within the corporate limits of the city. Mayor Jones advised the Council that they should consider the amount of loss of tax revenue, what the alternative tax source will be and how this will affect the other citizens of the city. After considerable discussion, Councilman Irwin made the suggestion that the Mayor appoint a committee to make a thorough study of how this will affect both the senior citizens and the other citizens of the city and that committee come back with a recommendation in the shortest period of time possible and make recommendation to the Council and give their qualifications for doing so, Mayor Jones appointed Councilmembers Riggins, chairman, Anderson and Heath as a Committee to make a study of this advalorem tax exemption request and make their recommendations to the Council at the next regular meeting. i Mayor Jones read a contract between the City of Stephenville and Mr. Lawrence Hancock in which the city is selling the effluent from the city's wastewater plant to Mr. Hancock for irrigation purposes. After some discussion, Councilman Anderson made the motion, seconded by Council- man Ferguson, that the City enter into said contract with Mr. Lawrence Hancock. Motion carried unanimously. (contract attached to and becoming a part of these minutes.) Mayor Jones read the heading of the Lone Star Gas Franchise Ordinance and ex- plained that the changes suggested at a previous meeting had been made. lie also advised the Council that this franchise ordinance must be read and passed by the Council at three regular meetings before final passage and must be pub- lished four times in the newspaper. Councilwoman Heath explained to the Council that Dr. Don Mortor will be retiring soon as Head of the Musical Department at Tarleton State University. Dr. Morton will be giving a piano concerto on April 23rd and she was suggesting that the city adopt a Resolution honoring Dr. Morton for the work he has done for the city and for Tarleton University and welcoming the distinguished musicians who will be accompanying him with his concerto. After some discussion, Councilwoman Heath made the motion that the City adopt said Resolution. Councilman Irwin made the second. Motion carried unanimously. RESOLUTION THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, AT REGULAR MEETING ON THE 5th DAY OF APRIL, 1977, PASSED THE FOLLOWING RESOLUTION BY UNANIMOUS CONSENT, TO -WIT: IN RECOGNITION WHEREAS, Dr. Don Morton is retiring from the Tarleton State University Music Faculty at the close of the 1977 summer term after a long and distinguished career; AND WHEREAS, Dr. Morton has made many contributions to his community and church as well as to the cultural development of numerous students since coming to Stephenville and Tarleton in 1938; AND WHEREAS, Dr. Morton is being honored at a Tribute Concert on Saturday, April 23, 1977, in recognition of his distinguished career in the Music and Arts Department at Tarleton State University; AND WHEREAS, the distinguished Mr. John Giordano, director and con- ductor of the Fort Worth Symphony Orchestra and former Tarleton State University Music faculty member, will conduct the Texas Little Symphony Orchestra at the concert honoring Dr. Morton on April 23, 1977; STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ERATH The City of Stephenville, a municipal corporation, acting by and through its Mayor, DON JONES, duly authorized by resolution of the City Council of Stephenville, Texas, and LAWRENCE HANCOCK, have this day entered into the follow- ing contract and agreement: The City of Stephenville agrees to furnish and sell to LAWRENCE HANCOCK sewer efluent from its sewage disposal plant situated south of Stephenville, Texas, on the terms and conditions hereinafter stated. 1. Said sewage efluent will be released by the City of Stephenville into the Bosque River by which it will be transported to the receiving station of LAWRENCE HANCOCK situated on said river and south of said plant. Consideration to be paid by LAWRENCE HANCOCK will be $11.00 per acre foot or a minimum annual payment of $300.00 from LAWRENCE HANCOCK to the City of Stephenville. Any additional quantity over 15 acre feet will be paid for by LAWRENCE HANCOCK to the City of Stephenville at $11.00 per acre feet. Measurement of the sewage efluent so furnished will be determined by log book which will have hours plus gallons per minute recorded thereon. Any transportation or evaporation loss in the efluent so furnished will be borne by the City °of Stephenville. Compensation to be paid for such sewage efluent shall be made on an annual basis. The term of this contract shall be ten years and payment shall be made annually on January 1 of each year on the basis of the metering of the efluent furnished. The usage of LAWRENCE HANCOCK will not exceed what the City of Stephenville is releasing into the Bosque River. 2. This contract is subject to LAWRENCE HANCOCK obtaining a permit to take such efluent from the Bosque River, from -1- the Water Rights Commission of the State of Texas. EXECUTED in triplicate this J� day of April, 1977. AT ST: Secretary CITY OF STEPHENVILLE By G� Mayor (Lawrence Hancock) CERTIFICATE OF CITY SECRETARY OF STEPHENVILLE, TEXAS I, the undersigned Secretary of the City of Stephenville, Texas, do hereby certify that the above and foregoing is a true and correct copy of a contract authorized to be made on behalf of the City by the City Council of Stephenville, Texas, a true and correct copy of the above contract appearing in the minutes at which the authorization is given to the Mayor of meeting held on the 05�a day of April, 1977 and duly recorded in the Minute Book of the City of Stephenville, Texas, showing the minutes of this meeting. WITNESS my hand and day of April, 1977. STATE OF TEXAS COUNTY OF ERATH the seal of said city this City Secretary Stephenville, Texas BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DON JONES, Mayor, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF STEPHENVILLE, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _61l day of April, 1977. Notary Public Erath County, Texas -2- STATE OF TEXAS COUNTY OF ERATH BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared LAWRENCE HANCOCK, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ '-day of April, 1977. Notary Public Erath County, Texas -3- 16- 4148 -ORDER DECLARING RESULT OF'CITY 0FFICER,ELECT110W(176) Out GeONks, ARdin, T4 Order Declaring Result %'0 City Officers' Election THE STATE OF TEXAS CITY OF STEPH ENV ILLE On this the 5th day of April , 19? 7 - the City Council/C1MdUffftl of the City of Stephenville Texas, convened in 1e9111 a1-- session open to the public at the regular meeting place thereof with the following members present, to -wit: Donald R. Jones Mayor, Irwin am ers Alderman/Z MXb* %w'1 Calvin ._ McGee _. _. Charles Riggins Alderman/xHayawwaym Raymond Anderson Ermer Fer uson Alderman2 arry..= ammett _ Betty Heath , Alderman2 Alderman2 Joyce Pemberton _ City Secretary /t1 WMX and the following absent: None con atituting a quorum, and among other proceedings had were the following: Alderman / 1"Y, A W M. Irwin introduced a' resolution and: order and moved its adoption. The motion was seconded by Alderman /Q44134l1> 1 Er4set F2�gt� set , and the motion carrying with it the adoption of the resolution and order prevailed by the following vote, AYES: James T: Chambers w- M Irwin. ralizin iirGge, Charles Riggixs, Raymond Anderson Larr Hammett Ermer Ti.ryc. e1= -ealx; _ '' ,NOES: None The resolution is as follows: There came on to.be considered the returns of an election held on the 2nd day of April , 19=, for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election Sn4 valid and legal votes; that each of the candidates in said election received the following votes: FOR MAYORS! NAME OF CANDIDATE TOTAL, NUMBER OF, VOTES RECEIVED 11 LNOW THEREFORE, it becomes the privilege and honor of the City Council of the City of Stephenville by unanimous resolution to proclaim Saturday, April 23, 1977, as: DR. DON MORTON DAY in Stephenville, Texas and to join his many friends and distinguished guests in recognizing and honoring Dr. Morton on that special day. IN WITNESS of the official action of the City Council of the City of Stephenville, I have hereunto set my hand and caused the Seal of the City of Stephenville to be affixed this the 5th day of April, 1977. uionaia K. Jones M orb City of Stephe e ST: oy Pemberton, City Secretary Mayor Jones brought the Council up to date on what had transpired previously concerning the Electrical Code Amendment regarding the examinations and re- ciprocal agreements for out of town electricians. Mr. E. L. Stephens, Chairman of the Electrical Board, came before the Council expressing his opinion that the City of Stephenville should not permit out of town electricians to work in Stephenville if they held a license from a city which did not have a reciprocal agreement with the City of Stephenville with- out taking and passing the City's examination and paying his fees to the city. Mr. Stephens stated as his reasons for this was that electricians could come into Stephenville and do electrical work but that the electricians of this city could not go to another city and do electrical work without having to pass their examinations and get their licenses from said city. Mayor Jones pointed out to the Council that on December 3, 1974, upon the re- commendation of the Electrical Board, the Council had passed an amendment to the Electrical Code which included a reciprocal agreement with other cities, but later the Electrical Board had decided not to honor the amendment without bringing it before the Council for action. It was the consensus of the Mayor and Council that if an electrician presented certification that he had passed a comparable examination and held a license from another city he should be permitted to do electrical work in the City of Stephenville without taking the city's written examination or without the City of Stephenville having a reciprocal agreement with said city. After a lengthy discussion, Councilman Irwin made the in the Electrical Code Amendment be amended to delete clause from the Electrical Code. Councilman Chambers carried by the following vote: AYES: Councilmembers Chambers, Irwin, Anderson, H, NAYS: Councilmen McGee, Riggins and Ferguson. motion that the language the reciprocal agreement made the second. Motion ammett and Heath Mayor Jones said he would appoint a committee later to work with Mr. Shelton and the Electrical Board to examine the entire Electrical Ordinance for con- sideration of any other amendments that might be needed. Also to help the Board in obtaining reciprocal agreements with other cities in the surrounding area. Councilman Irwin stated, for the record, that the only purpose he had for making the motion was to get his head clear on the fact that he was representing the citizens of Stephenville as a councilman not to do any damage to any of the electricians here, in fact, he would be in favor of them getting all of the business, but he did think that the citizens should have the opportunity to have other people bid on jobs in the city that are qualified to do the work. The National Flood Insurance Ordinance was tabled as the ordinance had not been prepared. Mayor Jones stated that he would like for each member of the Council to have a copy of this ordinance the week before the meeting in which it would be considered. N M19 After appointing Councilmembers McGee, chairman, Irwin, Hammett and Heath as a committee to canvass the returns of the City Officer Election held on the 2nd day of April, 1977, Mayor Jones recessed the meeting. Mayor Jones called the meeting back to order and asked for a report from the canvassing committee. Councilman McGee reporting for the Canvassing Committee, reported that after canvassing the returns of the April 2nd City Officer Election, they found Charles Riggins winner of place 1 with 405 votes, Jim Chamber, place 3 with 399 votes, Ermer Ferguson, place 5 with 408 votes and Raymond Anderson, place 7 with 317 votes. Councilwoman Heath made the motion to accept the report of the Canvassing Committee as read. Councilman McGee made the second. Motion carried unanimously.. Joyce Pemberton, City Secretary, swore in the above elected councilmen to the places for which they were elected. Assistant City Attorney Chandler reported that the ultimate responsibility of the city's prisoners being detained in the Erath County jail is with the people who are supervising the jail (i.e. the jailers, etc.). He also stated that there is a very remote possibility that the city could be held responsible in some cases. Mr. Chandler also reported that he had contacted the Attorney General's office requesting all information available on the Open Records Act as it pertained to city departments, especially police departments. He stated that, at this time, any information gathered or any records made as the police officers perform their duties is confidential. He explained that all complaint records are open now, but this is strictly after a complaint has been filed. He also pointed out that there are two cases pending in court to open all police records to the public but, at this time, no ruling has been made. Councilwoman Heath then suggested that the City of Stephenville Police Department be as open with their records as possible. Councilman Chambers again suggested that the city check into the possibility of building ramps at the City Recreation Building and at the four corners of the square for the disabled persons. He stated that, in his opinion, this was very important. It was the consensus of the Mayor and Council to have a ramp built at the City Recreation Building, even if it is a wood ramp for the time being. Also to check with the County to see if they would be interested in participating in the cost of putting ramps at the four corners of the square. Mayor Jones advised the Council that Mr. Don Bird had been trying to do some collection of expenses the city had incurred regarding the request of Lone Star Gas for a rate increase. Mr. Shelton had written a letter to Mr. Bird to see if he was still working for the City in this capacity. Mr. Bird had replied that he had six or seven hours and a few phone bills for which he had not billed the city. After some discussion, Councilman Chambers moved that the City ask for a final tabulation of what is owed to Mr. Bird and pay him what compensation we owe him, if any, and turn over to our City Attorney the matter of recoupment, if we are entitled to it, of any expenses we might have incurred relative to the request of Lone Star Gas for a rate increase. Councilwoman Heath made the second. Motion carried unanimously. Councilwoman Heath explained that she was chairing the "work force" of the clean- up campaign for the Chamber of Commerce and they would like to extend the campaign to two days of two weeks rather than three days of one week as it has been in the past. She said she had checked with Mr. Bill Bledsoe and he had said it would be fine with him. Mr. Shelton stated that the City had always been responsible for the Clean -Up campaign and that the Chamber of Commerce or Bill Bledsoe had not been involved except what publicity the Chamber of Commerce had given it. Mr. Shelton also stated he saw no reason for not having the campaign on two days of two weeks but he would check with the men doing the work. Councilwoman Heath also asked about the feasibility of using city prisoners to do clean -up work within the city. She said she had talked to County Judge Martin and he had thought it would be a good idea. Mayor Jones said that, if the Sheriff's Department had no objections and it was voluntary, he had no objections to using the city's prisoners. Councilwoman Heath also brought the purchase oand installation of an air con - ditioner for the Senior Citizens Center before the Council for discussion. Mrs. Heath said Higginbotham's had quoted a price of $3,000 and she supposed they would have to go out for bids. Councilwoman Heath explained that the Center had approximately $1,000 to $1,500 of their own they could put into this and they had some donations. She said she had talked to the County Commissioners and they were checking to see if they could contribute something and she was asking that the Council appropriate the funds to pick up the tab on whatever the Center lacks. Mayor Jones pointed out that the City is already furnishing.the building and utilities. After some discussion, it was the consensus of the Mayor and Council to take no action at this time and asked that Councilwoman Heath get some firm figures and the Council will consider them at a later date. There being no other business, Mayor Jones adjourned.the meeting at 10:55 P.M. ATTEST: it' Secretary 7 Ma o I