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HomeMy WebLinkAbout1976-03-02 - Regular City CouncilREGULAR SESSION - TUESDAY MARCH 2, 1976 - 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 2, 1976 at 6:30 p.m., with Mayor Donald R. Jones present and presiding. Councilmen Jim Chambers, Cal McGee, Charles Riggins, Jesse Sexton, Larry Hammett and Neal Guthrie were present. Councilmen W. M. Irwin and Raymond Anderson were absent. Also attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, City Attorney Joseph Chandler, Assistant City Attorney Randy Chandler, Administrative Assistant Kurt Ackermann, Director of Utilities Danny Johnson, Chief of Police Mike Watkins, Assistant Director of Parks & Recreation Homer Grooms, Ac- countant Betty Lemley and City Secretary Joyce Pemberton, Also attending were Rev. John E. Russell, Taylor Almon and Don Bird. Mayor Jones called the meeting to order and announced the council meeting would be closed for an Executive Session for the purpose of discussing with the City Attorney contemplated litigation and also for the purpose of considering value and possible purchase of real property. At 8:15 p.m., it was announced to the public that the Council was now in Open Session. Mayor Jones asked the Rev. John E. Russell of the First Assembly of God Church to give the invocation. There being no additions, deletions, or corrections, Mayor Jones de- clared the minutes approved as written. Mayor Jones asked for a motion concerning the Lone Star Gas Co. Rate Ordinance that had been discussed during the Executive Session. Councilman Chambers made the motion to pass an ordinance fixing and determining the general service rate to be charged for sales of nat- ural gas to residential and commercial consumers within the city limits of Stepehenville, Erath County, Texas, and providing for the manner in which such rate may be charged, adjusted and amended in accordance with the ordinance passed on June 5, 1973, and the rates are as follows: First 1,000 cu. ft. or fraction thereof $2.2856 Gross; $2.057 Net Next 3,000 cu. ft. @ $1.0744 per Mcf Gross; $.967 per Mcf Net Next 6,000 cu. ft. @ .9633 per Mcf Gross; .867 per Mcf Net Next 15,000 cu. ft. @ .8744 per Mcf Gross; .787 per Mcf Net Next 75,000 cu. ft. @ .8189 per Mcf Gross;' .737 per Mcf Net All over 100,000 cu. ft. @ .7967 per Mcf Gross; .717 per Mcf Net No gas bill will be rendered to any residential or commercial consumer served under the above rates consuming no gas during any monthly bill- ing period. The net rate shall apply to all bills paid within ten days from monthly billing date; gross rate shall be applicable thereafter. The above rate is applicable to each residential and commercial consumer per meter per month or for any part of a month for which gas is used at the same location. The following paragraph to be omitted from this ordinance: "In addition to the aforesaid rates, the Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect." The rates set forth in Section I may be changed and amended by either the City or the Company furnishing gas in the manner provided.by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. Councilman Sexton made the second. Motion carried unanimously. The Council discussed the taking of bids for the drilling of three (3) water supply wells complete with pumps and controls. After considerable discussion, Councilman Chambers made the motion to authorize the taking of bids, in accordance with specifications drawn by Homer Hunter & Associates, for this phase (the drilling of three water supply wells complete with pumps and controls) of the water sys- tems improvement plan. Councilman Hammett made the second. Motion carried unanimously. The above bids to be submitted by 10:00 o'clock a.m., March 309 1976. Mr. Taylor Almon came before the Council and gave a status report on the loan negotiations with the Texas Water Development Board and read the ordinance for the issuance of Certificates of Obligations for the fin- ancing of above water supply wells. After considerable discussion, Councilman McGee made the motion to adopt the ordinance directing the publications of Notice to Bidders and giving Notice of intention to issue Certificates of Obligations as read. Councilman Riggins made the second. Motion carried unanimously. CERTIFICATE FOR ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATIONS. ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Mr. Almon also read the Financial Advisory Agreement to the Council and after some discussion, Councilman Chambers made the motion to approve and accept the Financial Advisory Agreement as read. Councilman McGee made the second. Motion carried unanimously. Mayor Jones set up a Special Meeting for 3:00 p.m., March 30, 1976, to consider the bids received for the drilling of the water supply wells. Mayor Jones read the following two bids which had been received for the purchase of a sewer rod machine for the Water Dept. O'Brien Mfg. Div. of Conoco, Inc. ---- - - - - -- $5,338.35 Rockwell International --------------------- $5,553.60 This machine was not a budgeted item, but Director of Utilities had stated he would forfeit a pickup and a mower which had been budgeted for $7000. The Council discussed the above bids with Mr. Johnson and he stated he would prefer the Rockwell machine,a:5!ilthe O'Brien machine did not fully meet the specifications. After discussion, Councilman Riggins made the motion to accept the high bid of Rockwell International, Dallas, Texas, in the amount of $5,553.60 for the purchase of a sewer rod machine. Councilman Sexton made the second. Motion carried unanimously. Assistant Director of Parks & Recreation Homer Grooms came before the Council and gave a report on the proposed camper sites at the city park. Mr. Grooms stated that the sites would be located south of the Babe Ruth softball field, between the paved road and the caliche road in the picnic area beyond the large pecan tree. He also stated the cost would be ap- proximately $300.00 per unit which >lArould total - approximately $3,000, plus the paving cost. After considerable discussion, Councilman McGee made the motion to auth- orize the Park & Recreation Dept. to proceed with the construction of the camper sites and invite bids on the electrical work as soon as the speci- fications are ready. The fee to be #3.00._ --er night. Councilman Hammett made the second. Motion carried unanimously. Mayor Jones advised the Council that in discussing with Mr. Shelton the cost of paving the cross runway at the airport which would be approximately $8,000 for the City's part and in view of the other improvements the City had made to the airport this year, it was their opinion this should be de- layed until the next budget year. After discussion, it was the consensus of the Mayor and Council to re- submit application for a grant to pave the cross runway at the airport and do the work on the basis of paying for it out of next year's,bud- get. CERTIFICATE FOR �RDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE. CERTIFICATES OF OBLIGATION HE STATE OF TEXAS OUNTY OF ERATH ITY OF STEPHENVILLE We, the undersigned officers of said City, hereby certify s follows: 1. The City Council of said City convened in REGULAR MEETING N THE 2ND DAY OF MARCH, 1976, at the City Hall, and the roll was alled of the duly constituted officers and members of said City. ouncil, to -wit: Don Jones, Mayor Re'YmeTrd '' depsOn Joyce Pemberton, Secretary Jim Chambers W-4-- Ms -3-r-win Charles Riggins Jess Sexton Calvin McGee Neal Guthrie Larry Hammett d all of said persons were present, except the following bsentees: W. M. IRWIN AND RAYMOND ANDERSON hus constituting a quorum. Whereupon, among other business, e following was transacted at said Meeting: a written ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION as duly introduced for the consideration of said City Council nd read in full. It was then duly moved and seconded that said rdinance be passed; and, after due discussion, said motion, arrying with it the passage of said Ordinance, prevailed and arried by the following vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: None. 2. That a true, full, and correct copy of the aforesaid rdinance passed at the Meeting described in the above and fore - oing paragraph is attached to and follows this Certificate; that aid Ordinance has been duly recorded in said City Council's 'nutes of said Meeting; that the above and foregoing paragraph s a true, full, and correct excerpt from said City Council's "nutes of said Meeting pertaining to the passage of said Ordin- nce; that the persons named in the above and foregoing paragraph } Ire the duly chosen, qualified, and acting officers and members f said City Council as indicated therein; that each of the fficers and members of said City Council was duly and sufficient- y notified officially and personally, in advance, of the time, lace, and purpose of the aforesaid Meeting, and that said Ordin- nce would be introduced and considered for passage at said Meet- ng, and each of said officers and members consented, in advance, o the holding of said Meeting for such purpose; and that said eeting was open to the public, and public notice of the time, lace, and purpose of said meeting was given, all as required by ernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved, and hereby pproves, the aforesaid Ordinance, that the Mayor and the City ecretary of said City have duly signed said Ordinance; and that he Mayor and the City Secretary of said City hereby declare that heir signing of this Certificate shall constitute the signing f the attached and following copy of said Ordinance for all pur- oses. SIGNED AN EALED the 2nd day of March, 1976. 'ty ecretary Mayor ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE . WHEREAS, the City Council finds that an improvenmi program is urgently needed by the City of Stephenville, Te: for improvements and extension to the City's Waterworks Sy, to -wit: to drill water supply wells and install deep well turbine pumps for water field; and it is necessary„ to adve . for bids to construct such improvements; and WHEREAS, the City deems it advisable to seek bids improve and extend the City's Waterworks System, to -wit: t drill water supply wells and install deep well turbine pun I I 1 for water field, and to give notice of intention to issue $325,000 of Certificates of Obligation, payable from ad va taxes, and a junior lien on the net revenues of the City's Waterworks System that will be sold for cash to pay, in wh or in part, the contract price of the construction for thi project, and to pay legal, fiscal and engineering fees in connection with this project; and WHEREAS, it is hereby officially found and Bete: that a case of emergency or urgent public necessity exist requires the holding of the meeting at which this Ordinan passed, such emergency or urgent public necessity being t advertisement'to bidders and notice of intention to issue tificates of obligation should be published as soon as po and without delay for necessary and urgently needed publi provements; and that said meeting.was open to the public public notice of the time, place, and purpose of said mee was given, all as required by Vernon's Ann. Civ. St., Art 6252 -17. f BE IT ORDAINED BY THE CITY COUNCIL OF THE ITY OF STEPHENVILLE: 1. That attached hereto and marked "Exhibit A" is form of the "Notice to Bidders and Notice of Intention to ssue Certificates of Obligation ", the form and substance of ,hich is hereby adopted and approved. 2. That the City Secretary shall cause said Notice :o be published in substantially the form attached hereto, in a newspaper of general circulation in the City of Stephenville, end published in the city, on the same day in each of two con- secutive weeks, the date of the first publication thereof to be at least fourteen (14) days prior to the time set for receiving ids as shown in said Notice. 3. That this Ordinance was read once by the City ouncil and it was deemed by said City Council that upon passage f the Ordinance it shall take effect immediately. NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION Sealed proposals addressed to the Mayor and Councilmen of the City of Stephenville,Texas will be received at the office of Mr. Marshall Shelton, City Administrator, until 10:00 . o'clock on March 30 19 .76 for furnishing and installing water system improvements as follows: WATER SUPPLY WELL, 5% Bid Bond DEEP WELL TURBINE PUMPS 5% Bid Bond Bidders must submit with their bids a Cashiers or Certified Check payable to or endorsed, without recourse, to the City of Stephenville, Texas, or a Proposal Bond in the same amount, from a reliable Surety Company, as a guarantee that Bidder will enter into a contract and execute bond and guarantee forms provided within five (5) days after notice of award of con- tract to him. Bids without check or proposal bond will not be considered. In accordance with Chapter 93, Acts of the 56th Legislature, which became effective April 27, 1959, the successful Bidder will be required to furnish not only a performance bond in the amount of the contract, but also a payment bond in the amount of the contract, for the protection of all claimants supplying labor and materials as defined in said Law. The bonds must be executed by an approved Surety Company holding a permit from the State of Texas to act as Surety and acceptable according to the latest list of companies holding certificates of authority from the.Secretary of the Treasury of the United States; or other Surety of Sureties acceptable to the Owner. All unit prices must be stated in both script and figures. The Owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity of lack of clearness in stating the price in the bids, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid'. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. .Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which.the work is to be done. Not less than the prevailing rate of per diem wages for work of similar character in the City of Stephenville, the County of Erath, and not less than the general prevailing rate of per diem wages for legal holidays, Saturdays, Sundays, and overtime work shall be paid to all laborers, workmen and mechanics employed in said City and County on the above project. The City Council of the City of Stephenville has ascertained and here sp such general prevailing rate of per diem wages in said City and County t as follows: Mechanic, Workman or Type of Laborer Working Forman Machine Operators Backfiller Bulldozer Crane, Shovel, Dragline Concrete Mixers Tractor (Pneu.- Tired) Hoist cement Finisher (Trowel) Electrician Mechanic . Welder Pneumatic Tool Operator Oiler Truck Driver Laborer Water Well Driller Water Well Driller's Helper Prevailing Hourly Rate $ 3.00 3.00 3.25 3.50 3.00 2.75 3.50 3.75 6.75 4.00 3.60 3.00 3.00 2.70 2.50 4.50 3.75 Straight time on Sundays, legal Holidays and overtime work. Instruction to Bidders, Proposal Forms, Specifications, Plans and Contr Documents may be examined.at the office of Mr. Marshall Shelton, City Administrator City Hall, Stephenville, Texas, and may be obtained at tk office of Homer A. Hunter Associates, Consulting Engineers, 5630 Yale I Dallas, Texas 752062 upon the deposit of $25.00 as a guarantee of the s return of the plans and specifications. Deposit will be returned provided:_ (1) The Bidder returns the plans and specifications within 72 hours after the bid date; OR (2) The Non - Bidder returns the plans and specifications in good condition 72 hours prior to bid date; OR (3) If the above in not complied with, the entire $25.00 deposit will be forfeited and no refund made. Suppliers may obtain Specifications and Plans at the address stated ab the deposit of Fifteen ($15.00) dollars which sum is non - refundable. 1 i Notice of Intention is hereby given to issue Certificates of Obligation, Series 1976, in the maximum principal amount, not to exceed $325,000, for the purpose paying all or "a portion of the City's contractual obligations for improvements and exten- sionsto the City's Waterworks System, to -wit: drill water supply wells and install deep well turbine pumps for water field and for paying all or a portion of the legal, fiscal and engineering fees in connection with this project. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes yn the City as provided by law and from the revenues of the City's Waterworks System remaining after payment of all operation and maintenance expenses thereof and all debt service, reserve, and other operation and maintenance expenses thereof and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds (now or hereafter out - standing) and the City's outstanding Certificates of Obligation, Series 1975, which are payable from all or any part of the Net Revenues of the City's Waterworks System. The City Council of the City of Stephenville tentatively proposes to authorize the issuance of such Certificates of Obligation at 3:00 p.M., on March 30, 1976, at a Special Meeting, at the City Hall, Stephenville, Texas. DON JONES, MAYOR CITY, OF STEPHENVILLE, TEXAS CERTI:- KTE FOR RDINANCE DIRECTING Pli7iLICATION OF NOTICE. TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE. CERTIFICATES OF OBLIGATION HE STATE OF TEXAS OUNTY OF ERATH . ITY OF STEPHENVILLE We, the undersigned officers of said City, hereby certify follows: 1. The City Council of said City convened in REGULAR MEETING THE'2ND DAY OF MARCH, 1976, at the City Hall, and the roll was led of the duly constituted officers and members of said City. ncil, to -wi,t: Don Jones, Mayor ReYMencb_Pa3de•rson Joyce Pemberton, Secretary Jim Chambers W. - Mv'3 -rWin Charles Riggins Jess Sexton Calvin McGee Neal Guthrie Larry Hammett Ind all of said persons were present, except the following bsentees: W. M. IRWIN AND RAYMOND ANDERSON hus constituting a quorum. Whereupon, among other business, he following was transacted at said Meeting: a written ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION as duly introduced for the consideration of said City Council nd read in full. It was then duly moved and seconded that said rdinance be passed; and, after due discussion, said motion, I arrying with it the passage of said Ordinance, prevailed and parried by the following vote AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid )rdinance passed at the Meeting described in the above and £ore - joing paragraph is attached to and follows this Certificate; that Said Ordinance has been duly recorded in said City Council's ninutes of said Meeting; that the above and foregoing paragraph Ls a true, full, and correct excerpt from said City Council's ainutes of said Meeting pertaining to the passage of said Ordin- ance; that the persons named in the above and foregoing paragraph ire the duly chosen, qualified, and acting officers and members >f said City Council as indicated therein; that each of the >fficers and members of said City Council was duly and sufficient - .y notified officially and personally, in advance, of the time, dace, and purpose of the aforesaid Meeting, and that said Ordin- ance would be introduced and considered for passage at said Meet - i .ng, and each of said officers and members consented, in advance, :o the holding of said Meeting for such purpose; and that said [eeting was open to the public, and public notice of the time, dace, and purpose of said meeting was given, all as required by 'ernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved, and hereby roves, the aforesaid Ordinance, that the Mayor and the City retary of said City have duly signed said Ordinance; and that Mayor and the City Secretary of said City hereby declare that it signing of this Certificate shall constitute the signing the attached and following copy of said Ordinance for all pur- es. SIGNED AN SEALED the 2nd day of March, 197 tt Secretary Mayor EAL) ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE . WHEREAS, the City Council finds that an improvement Program is urgently needed by the City of Stephenville, Texas, for improvements and extension to the City's Waterworks System, to -wit: to drill water supply wells and install deep well turbine pumps for water field; and it is necessary„ to advertise for bids to construct such improvements; and WHEREAS, the City deems it advisable to seek bids to improve and extend the City's Waterworks System, to -wit: to drill water supply wells and install deep well turbine pumps for water field, and to give notice of intention to issue $325,000 of Certificates of Obligation, payable from ad valorem taxes, and a junior lien on the net revenues of the City's Waterworks System that will be sold for cash to pay, in whole or in part, the contract price of the construction for this project, and to pay legal, fiscal and engineering fees in connection with this project; and WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which 'requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the advertisement to bidders and notice of intention to issue cer- tificates of obligation should be published as soon as possible and without delay for necessary and urgently needed public im- provements; and that said meeting was open to the public and public.notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St., Article 6252 -17. BE IT ORDAINED BY THE CITY COUNCIL OF THE ITY OF STEPHENVILLE: and marked "Exhibit A" is 1, That attached hereto Notice of Intention to form of the "Notice to Bidders and substance of Of Oblig ation , the form and ssue Certificates hereby adopted and approved. said Notice hick is shall cause 2. That the City Secretary in rm attached substantially the fo hereto, published in su °f Stephenville, o be p the City irculation in newspaper of general c' each of two con - in the city, on the same day to be d published thereof ecutive weeks, the date of the first p ublication t least fourteen (14) days prior to the time set for receiving ids as Shown in said Notice* once by the City 3, That this Ordinance was read said City Council that upon passage ouncil and it was deemed by f the Ordinance it shall take effect immediately.