HomeMy WebLinkAbout1977-10-04 - Regular City CouncilHM
REGULAR SESSION - TUESDAY
OCTOBER 4, 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,
October 4, 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, E. W. Ferguson
and Betty Heath were present. Councilman Larry Hammett was absent.
Others attending the meeting were City Administrator Marshall Shelton, Administrative
Assistant Kurt Ahkermann, Director of Public Works R. Y. Gann, Director of Utilities
Danny Johnson, Director of Parks & Recreation Ronnie Isham, Chief of Police Mike Watkins,
Tax Assessor Robert Groves, Accountant Betty Chew, Fire Marshall Kenneth Haley, City
Secretary Joyce Pemberton and some members of the Planning Commission, the Zoning Board
and the Electrical Board.
Mayor Jones called the meeting to order and the Reverend Eddie Carpenter gave
the invocation.
C6unoilman Irwin made the motion that the City Council approve the minutes of the
August 30th, September 6th and September 15th minutes as written. Councilman McGee made
the second. Motion carried unanimously.
Mr. Telefus Cawyer, reporting for the Tax Equalization Board, said that the total
1977 tax roll was $24,654,000 assessed value and with the Homestead Exemptions and the
Disabled Veterans Exemptions this would produce revenues of $361,000 which is an increase
of $23,000 over 1976.
Mr. Cawyer also reported that only ten persons appeared before the Tax Equalization
Board during their three day meeting.
Mayor Jones expressed his and the Council's appreciation to Mr. Cawyer, Mr. Harlan
Huey and Mr. Jack Arthur for serving as the City's Tax Equalization Board again this year.
Councilman Chambers made the motion that the City Council accept the 1977 tax roll
as presented and that the Tax Equalization Board be dismissed as of this date. Council-
woman Heath made the second. Motion carried unanimously.
Mr. Bob Wegner of the North Central Texas Council of Governments presented slides
regarding some of the things to look for when a developer presents a preliminary plat and
a final plat for a subdivision. Several members of the City Planning Commission and the
City Zoning Board were present.
Mr. Don Coan came before the Council speaking in reference to the plans of the
Chamber of Commerce for a Civic Center for Stephenville and /or Erath County. He told the
Council that the Chamber of Commerce had passed a Resolution, signed by all members, endor-
sing a plan to obtain a civic center and did advance $1,000 toward a Feasibility Study which
would cost approximately $5,000.
Mr. Coan also stated that County Judge L. L. Martin and the County Commissioners
had indicated they would participate in the Feasibility Study. Mr. Coan advised the Council
that if the City and County would contribute $2,000 each, this would be sufficient for a
very good feasibility study.
Mayor Jones, in agreement with Mr. Coan as to the need for civic center, pointed
out to the Council that the city's comprehensive plan did call for a civic center on the
Jaycee Park Property.
After considerable discussion, Councilwoman Heath made the motion that the City
Council refer this item to the City Planning Commission and ask them to appoint a com-
mittee to work with the Chamber of Commerce to study the feasibility study to accomplish
a civic center. Also to explore the possibility of obtaining grant funding for the study.
Councilman Irwin made the second. Motion carried unanimously.
Mayor Jones said he might appoint one or two members of the Council to this committee
also.
Mr. Gerald'Cook came before the Council to give his annual report on the Hotel -
Motel Occupancy Tax revenue. In his report, Mr. Cook explained that there had been a
total of 185 events from January to September 30th, 1977 which had helped produce $10,958.66
in Hotel -Motel Occupancy Tax revenues for the first three quarters of the year. Last
year, for the four quarters, the tax revenues were $11,610.84. Mr. Cook said he was
hoping this year will be much better.
Mrs. Joyce Whitis, representing the Humane Society, came before the Council to
present a report on the purpose and the work the Humane Society is doing. In her report
Mrs. Whitis explained that through donations of money and contributions of work and
materials, the Humane Society had been able to get a shell of a building contructed at the -
animal shelter site for use as an office for volunteer members of the Humane Society as
they want to keep regular hours at the animal shelter. Said building being placed on a
concrete
now requ
to furni;
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slab for which the city paid $640.00 to Mr. Leonard Sparks. Mrs. Whitis was
sting that the City gudget $500.00 to finish the inside of the building and
;h the utilities and a phone.
After some discussion, Councilman Chambers made the motion that the City Council
approve expenditures of $500.00 toward the completion of the office building at the
animal shelter with the understanding that the Humane Society will work in cooperation
with the i City in the management and that any expenditures of $500.00 will be paid by
the Humane Society. Councilwoman Heath made the second.
Jones opens the floor for discussion.
In reply to Councilman Anderson's question, Mrs. Whitis said that as the building
is on city property, if anything should happen that the Humane Society should disband
or whatever, that the building would revert back to the city.
After more discussion, Mayor Jones called for question on the above motion. Motion
carried.!
Director of Public Works R. Y. Gann came before the Council with the recommendation
that the ICouncil approve the use of PVC pipe in the construction of water lines.
After some discussion, Councilman McGee made the motion that the City Council
approve the use of PVC pipe for water distribution lines and that the specifications
presented be made an addendum to the City's Utility Specifications. Councilman Irwin
made thelsecond. Motion carried unanimously. (Specifications attached to and be-
coming a'ipart of these minutes.)
Director of Public Works R. Y. Gann presented each member of the Council with a copy
of the final plat of the North Hillcrest Subdivison as submitted by Mr. David Montgomery.
Councilman Irwin advised the Council that both Mr. Gann and Mr. Conrad Callicoatte
had examined this plat and recommended that it be approved by the Council with the
followin changes:
1. Ithe addition of a concrete alley at the intersection of Bluebonnet Street and
Rosebud Drive.
2. ',11the addition of a 4' concrete flume at Lot 3 on Rosebud Drive for erosion
protection.
Mr. Gann also pointed out that the paving and utilities will go to the west side
of Lot 9'`by the intersection of Rosebud Drive 108 feet to the west line of Lot 9 which
is all of Mr. Montgomery's part of the subdivision.
Mayor Jones pointed out that when the preliminary plat was approved in May, 1977,
that he had requested a letter from Stephenville Land, Inc. stating that when they de-
veloped the property to the west of North Hillcrest Subdivision, that they would finish
paving Bluebonnet Street and that, in his opinion, this final plat should be accepted
with the two changes that were recommended and also contingent upon that letter being
filed with the City Administrator.
Mr. Montgomery stated that he planned to accept the responsibility of paving all of
Bluebonnet Street but he would get a letter from the Stephenville Land, Inc. as the
Mayor had requested also.
After more discussion, Councilman Irwin made the motion that the City Council approve
the finallplat of the North Hillcrest Subdivison with the recommended changes of (1)
the addition of a concrete alley at the intersection of Bluebonnet Street and Rosebud
Drive and[ (2) the addition of a 4' concrete flume on Rosebud Drive at Lot 3 for erosion
protection and (3) a letter from Stephenville Land, Inc. stating that when the pro-
perty, which is totally outside the North Hillcrest Subdivision, immediately west of
the North!Hillcrest Subdivision is developed, they will in fact, pave Bluebonnet Street
coming bagk to the west side of Lot 9. Councilman Anderson made the second. Motion
carried unanimously.
After Councilman Riggins excused himself from the meeting, the Council considered
the Depository Bids received from the Stephenville Bank & Trust Company and the Farmers
First National Bank for the next fiscal year.
After considerable discussion, Counwilwoman Heath made the motion that the City
Council accept the bid submitted by the Stephenville State Bank and Trust Company as the
city depository for the fiscal year 1977 -1978. Councilman Chambers made the second.
Motion carried unanimously. Councilman Riggins was informed of the decision when he
returned to the room.
Mayor Jones explained that the old white ambulance is in very bad condition. The
City has a commitment from Trinity Emergency Medical Services for an ambulance but it is
a used one and will be approximately 90 days before delivery. Mayor Jones advised the
Council of their alternatives (1) buy a new ambulance, (2) wait for the one from Trinity
Emergency!Medical Services to see what condition it is in or (3) lease an ambulance on
an interim basis, maybe a lease purchase agreement. He also explained that one half of
the cost of a new ambulance is a budgeted item and one half to be paid by the county, if
they willipay their share.
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The Council was in agreement to wait to see what condition the one from Trinity
MedicallServices was in and also to check on the lease purchase agreement.
Fire Marshal Kenneth Haley came before the Council stating that, in his opinion,
it was not a good idea to take a used ambulance such as the one from Trinity because
they are usually worn out when you get them.
Councilman Chambers said he thought the City would be better off to spend $2,000
on the one they have than to spend $18,000 on a new one and that he very definitely
would like to see what condition the one from Trinity Emergency Medical Services is
in before buying a new one.
Councilman Irwin suggested that C01incilman Anderson look at the old white ambulance
we now have to see if it would be practical to spend the money to have it repaired.
Mayor Jones said that if the old ambulance cannot be repaired or we cannot get
anything on a lease purchase agreement, he will call another meeting to make a decision
at that itime.
Councilman Irwin, reporting for the Subdivision Committee, told the Council that
his committee had met with Mr. Concrad Callicoatte and Mr. Dave Denison and they had
decidedion an amendment to the Subdivision Ordinance which would be a contract between
the DeveIloper, the Contractor and the City for the construction of streets and the in-
stallati.on of utilities in a subdivision. Mr. Irwin then read the contract to the
Council'.I
After some discussion, Councilwoman Heath made the motion that the City Council
amend the Subdivision Ordinance to include this contract as read. Councilman Irwin
made the second. Motion carried unanimously.
Mr; Jackie James came before the Council to appeal a ruling made by the Electrical
Board which they refused his application to take an electrical exam due to his
lack of experience. Mr. James gave a copy of his qualifications to all members of
the Cou#'cil which stated that he had worked as an electrician since 1973 on a Dart
time basis, such as nights, weekends and the summer months when he was not teaching
schoold Mr. James also explained that he had a B.S. Degree in math from Tarleton
University. Mr. James said he felt that he should be allowed to take the exam on
the basis of his experience and education.
Mayor Jones advised the Council that the Electrical Code required an applicant
to have'lat least four years experience or the equivalent thereto. In reading the
Powers and Duties of the Electrical Board from the Electrical Code, Mayor Jones
explained that the Electrical Board has the power to interpret and apply the Electrical
Ordinance. The Council can change the people on the Board or amend the ordinance
if it so desires.
I
Mr'! ''Jim. Bostick of the Electrical Board explained that Stephenville's code had
only minimum requirements. He said that Mr. James' experience amounted to approx-
imatelyll 1/2 years. He also stated that in Arlington, Texas, they required ten
years on the job training.
I
After more discussion, Councilman Irwin stated that he did not think the Council
could override the decision of the Electrical Board but the Council could amend the
code ifthey so desired.
Councilwoman Heath made the motion that the City Council appoint a committee
to rewrite the Electrical Code. The motion died for lack of a second.
Mayor Jones reappointed Councilmen Irwin, Riggins and Chambers as a committee
to go through the Electrical Code to see what areas, if any, need changes from those
we have ,' land, obviously, the requirements for taking exams need clarification. Mayor
Jones said he would have to agree that the Board does have the power to interpret the
Electrical Ordinance as they are trained in electrical work and can make a better
decision, than the Council.
Councilman Chambers suggested that the committee should work with the Electrical
Board ti clarify the requirements for taking the exam.
Councilwoman Heath made the remark to the committee that it was her sincere hope
that they would make every effort to insure that the intent of the ordinance be
accomplished and that the Electrical Code would not be used as a technicality to pre-
vent an person from working who is qualified to work.
Mayor Jones asked that anyone that might have any input for the committee and /or
the Electrical Board might well relate their views. He asked that the committee re-
port at !the next regular council meeting if possible.
Director of Utilities Danny Johnson came before the Council with a department
report in which he advised the Council that Mr. Wayne Rodman had retired from the
Water Department October 1st after 38 years of service.
Mr. Johnson also reported that 124 water taps and 116 sewer taps had been made
since January 1st. In the remaining months of this year, Mr. Johnson said that he
hoped tolget some lines, fire hydrants and valves replaced that have been in need
j of reapi for several years.
102A
AN ORDINANCE PROVIDING FORM OF CONTRACT TO BE MADE BETWEEN ANY
DEVELOPER OF REAL ESTATE AND ANY CONTRACTOR WITHIN THE CITY OF
STEPHENVILLE PERTAINING TO THE PAVING OF STREETS, ALLEYS, CURBS,
GUTTERS, DRAINAGE FACILITIES, WATER MAINS AND SANITARY SEWERS IN
ANY SUBDIVISION SO DEVELOPED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
Section One
Every developer of property located in the corporate limits
of the City of Stephenville must develop such property in com-
pliance with the applicable ordinances and regulations of the City
of Stephenville including the city's subdivision ordinance with
reference to the paving of streets, alleys, construction of curbs,
gutters, drainage facilities, water mains and sanitary sewers and
it is hereby provided and required that every such developer shall
enter into a written contract with the contractor and perform the
provisions of such contract which contract shall be subject to the
approval of the City of Stephenville through its City Administrator.
Section Two
The contract to be entered into between the developer and the
contractor for any improvements as above mentioned shall be in the
following form and contain the following provisions:
C O N T R A C T
STATE OF TEXAS
COUNTY OF ERATH
WHEREAS, a developer of property located in''the corporate
limits of the City of Stephenville must develop such property in
compliance with the applicable ordinances and regulations of the
City of Stephenville pertaining to the paving of streets, alleys,
curbs, gutters, drainage facilities, water mains and sanitary
sewers in any subdivision so developed, and elects to make the
improvements hereinafter set out by himself or through a private
contractor as provided in the ordinances of the City of Stephenville,
Texas; and,
WHEREAS, the undersigned is the owner of a subdivision located
in the corporate limits of the City of Stephenville and has elected
to make the improvements hereinafter set out and has entered into
an agreement with for the installa-
tion of the following improvements for a total consideration of
$ to be paid by the undersigned.
W I T N E S S E T H:
1.
as Contractor undertakes,
covenants and agrees to perform the work herein contracted to be
done in every detail conforming to the standards of the City of
Stephenville, Texas, as adopted by the city, including special
provisions, plans, or working drawings, and special agreements as
approved by the Director of Public Works or the City of Stephenville,
Texas, on certain work in Addition, described
as follows:
Street (Name) Material
Alley, location in block Strength (if
Storm Sewer (Pipe size) From To concrete)
Sanitary Sewer
Water lines
120! -B
2.
Upon completion of the above described work, in accordance
with the City of Stephenville plans, specifications and requirements,
and after approval thereof by the Director of Public Works, the
installations described above shall become the property of the
City ofStephenville, providing the installation is within a
public street, alley or easement.
3.
Itlis further understood and agreed between the owner and
contractor and the City of Stephenville that the owner shall
retain 10 percent of the total contract price specified herein
until the project or projects constructed pursuant to City of
Stephenville specifications have been approved and accepted by the
City ofl'SStephenville. In this connection, 10 percent of each
periodiFal payment to be made by the developer to the contractor
shall be deposited into an account in the joint name of the
developer and the City of Stephenville and to be called by the
name ofithe developer and the contractor and added thereto "Reserve
Account[ ",. This ten percent shall be retained in this account so
designated and shall not be withdrawn except upon check signed by
the developer and in the name of the City of Stephenville either
by the City Administrator or the Director of Public Works in the
absence of the City Administrator with such 10 percent to be paid
in accordance with the complete and final approval by the City of
Stephenville of the work done for the developer by the contractor.
14.
Oniperiodical payments of 90 percent of the estimates made by
the developer to the contractor, each check issued by the developer
shall have typed or printed on it the words "payment of this check
subject Ito approval of City of Stephenville ". Each such check
shall be delivered to the City of Stephenville by the developer
and shall be held by the City of Stephenville until the estimates
for which the check is issued have been approved by the Public
Works Director of the City of Stephenville. When this approval
has bee# made, the City's approval of the payment of the check
shall be made on such check and the City's approval thereof shall
be in nq',way an endorsement of the check or a guarantee of payment
thereof.ii', When so approved such check shall be delivered by the
City ofIStephenville to the contractor.
5
Itl,is understood that the proceeds in the reserve account
hereinabove provided for shall not be paid out by the developer
and by'Vdihe City of Stephenville to the contractor until the contract
and the works done thereunder are fully and finally approved by
the City, of Stephenville and as built plans and ten percent main-
tenance bond are filed with the City of Stephenville as provided
by the :ordinances of the City of Stephenville.
IN TESTIMONY WHEREOF , Owner,
Contractor, hereby bind
s�1 es, their heirs, successors, assigns, and representatives,
for the faithful and full performance of the terms and provisions
of this contract, individually, jointly and severally.
and
'ED this day of , 19
Party of the First Part (Owner)
By
(Title)
Address
3
�44
l
Party of the Second Part (Contractor)
LM
Address
Approved for
City of Stephenville
City Administrator
Date
Section Three
Performance of all the provisions and actions set out in the
contract hereinabove shown is hereby required by the City of
Stephenville.
Section Four
This ordinance is an amendment to and shall become a part of
E the subdivision ordinance now in effect in the City of Stephenville
and any provisions of that or any other ordinance which are in
conflict or contrary to those hereinabove set out are repealed
hereby.
t
5
E
Section Five
In view of the fact that this ordinance is necessary for the
immediate protection and preservation of health and property and
is necessary for the,general welfare, this ordinance shall be in
full force and effect immediately from and after its passage and
it is accordingly so ordained.
PASSED AND APPROVED this 4th day of October 1977.
ayor
ATTEST:
C'.eJ
SCity Secretary
120 -C
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June, July and August of this year were record billing periods for the most
water sold and the most money received reported Mr. Johnson. He said that most
of theltime he could account for 75% to 80% of the water pumped which is very
good.'':
I
Director of Parks & Recreation Ronnie Isham came before the Council requesting
authority to invite bids for 400 chairs and 8 chair caddies for the Recreation Hall.
Mr. Isham said he had budgeted $3,200 but hoped it would be less.
After some discussion of the specifications, Councilman Irwin made the motion
that the City Council grant Mr. Isham the authority to invite bids for 400 chairs
and 8'Chair caddies for the Recreation Hall at the city park. Councilman McGee
made tie second. Motion carried unanimously.
Administrative Assistant Kurt Ackermann reported that he, Councilman Ferguson
and Fire Marshall Kenneth Haley had attended a workshop concerning the Volunteer
Firemen's Retirement Fund and Senate Bill #411. The Firemen's Retirement Fund
representative had recommended that the city file a letter of exemption and wait
for thgg° State Attorney General to interpret Senate Bill #411 for more clarification.
Mr. Ackermann said there was a question regarding whether or not a city could exempt
itself3from this pension plan but would have to provide another plan to replace it
or whether the city could exempt itself from this plan and any other plan and not
have to provide any type of retirement plan.
After dome discussion, Councilman Ferguson made the motion that the City file
a letter of exemption on the Volunteer Firemen's Retirement Senate Bill #411 and
when the State Attorney General has made an interpretation, the Council can make
a decision at that time. Councilman Anderson made the second. Motion carried
unanimously.
Councilman Chambers reported that Mr. Darwin Ellis had withdrawn his cemetery
proposal and that the committee recommends that no action be taken.
I
Mayor Jones advised the Council that he was not going to appoint a committee
to study the regulation of private clubs.
It was the consensus of the Council to have the city attorney to prepare an
ordinance regulating the distance of a private club from a church, school or hospital
and present it to the Council for consideration.
Mayor Jones announced that the Department of Highways and Public Transportation
had set October 26, 1977, at 3:00 p.m. in Council Chambers as the date for a Public
Hearing on the Long Street, Bosque River and East Lillian to First Street Project
which will be funded by the Highway Department. This meeting will be held by the
Highway Department on behalf of the State. The Highway Department will be chair -
ing the meeting but he thought the Councl would want to attend.
Councilwoman Heath stated that, in her opinion, the ramps for the handicapped
constructed at the intersections of Belknap and College were adequate and suggested
that to city go ahead and install this type of ramp where ever they can be used.
Ater some discussion, Councilman Chambers made the motion that the City Council
approve the construction of ramps for the handicapped as had been discussed in pre -
vious meetings. Councilman Irwin made the second. Motion carried unanimously.
Mayor Jones reminded the Council of the telephone poll taken regarding the
appointment of Mrs. Sarah Miller as Municipal Judge due to the vacancy left when
Judge J P. "Jake" Hedrick retired. Mayor Jones advised the Council of a Resolution
from the County Commissioners to the effect that they would authorize the office
of the Justice of the Peace to receive a salary of $286.00 per month from the City
to serve as Municipal Judge, the County to receive $153.00 per month for use of the
courthouse office and equipment. The City to furnish all city related supplies,
a city ' ++ ?phone and one half of all maintenance costs on equipment. The City to pay
one haltf of a full time secretary, full time meaning 8 hours per day, 5 days per
week. A11 the above on a 6 month trial basis, beginning September 26, 1977, ending
on last day of March, 1978.
Mayor Jones said he questioned the legality of renting space in the courthouse
and he would check that out.
Councilwoman Heath made the motion that the City Council approve the hiring of
Justicelof the Peace Sarah Miller as the Municipal Judge retroactive to September 26,
1977, aid under the above listed conditions. Councilman Chambers made the second.
Motion, carried by the following vote:
AYES: Councilmembers Chambers, Irwin, McGee Riggins, Anderson and Heath.
NAYS: Councilman Ferguson.
Maor Jones advised the Council that Mr. Dan Malone wanted to buy N. Shepherd
Avenue and E. Sherrill Street as they "ell" around his property (Dairy Queen #1 on
East Washington Street.) These are not used streets and the question is whether or
not thelCouncil wants to invite bids for the sale of this property.
Councilman Riggins made the motion not to sell this property now. Councilman
Irwin made the second. Motion carried unanimously.
Cguncilwoman Heath brought up the discussion of the downtown area being so
littered and dirty and she was wondering if there was some city employees in some
department that could be assigned to clean up the downtown area of the litter and
crickets.
After considerable discussion, no definite action was taken.
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Director of Parks & Recreation Isham announced that on October 21, 1977, at
6:30 pm. there would be a Bar -B -Q dinner for the city employees, the City Council
and thTir families.
There being no other business to come before the Council, Mayor Jones adjourned
the meting at 10:35 p.m.
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