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.