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HomeMy WebLinkAbout1983-03-17 - Special City Council2�a'7 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON THURSDAY, MARCH 17, 1983 - 1: 30 P.M. A special meeting of the City Council of the City of Stephenville was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilmen: G. A. Swindle John E. Pollan and with the following members absent Councilmen: William G. Brede Charles Riggins E. W. Ferguson Councilmen Ray Reynolds and David Clayton. City Administrator Kurt J. Ackerman, City Secretary Joyce Pemberton, Director of Finance Charlene Young, Director of Public Works R. Y. Gann, Chief of Police Doug Conner, Director of Utilities Danny Johnson and others were present. I: HEAR DR. C. RICHARD KING ON BEHALF OF THE STEPHENVILLE HISTORICAL Dr. C. Richard King addressed the Council stating that Willam F. Jones of Houston has donated an 1859 log cabin to the Stephenville Historical Society. His purpose in appearing before the Council was to request Council approval to move said log cabin onto museum grounds. The Society plans to place the cabin alongside an existing cabin to make a "dogtrot cabin" for the museum. Councilman Swindle moved that the Stephenville Historical Society be authorized to moved above described log cabin onto museum grounds. Councilman Ferguson seconded the =tion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None CONSIDER SUBMITTING A NOMINEE TO COUNTY CLERK FOR It was the consensus of the Council that they were not ready to submit a nominee. With the consent of the Council, Mayor Cummings set Monday, March 21, 1983 at 1:00 p.m. in Council Chambers as the date, time, and place for a special meeting in.which the Council will name a nominee for the Board of Directors for the Central Appraisal District. III; CONSIDER PROPOSALS FOR PURCHASE OF DUMP TRUCK AND EQUIPMENT TRAILER I MR STRFFT TIFPARTMFPTP Director of Public Works R. Y. Gann addressed the Council regarding the purchase of a dump truck and equipment trailer for the Street Department. Mr. Gann advised the Council that Darr Equipment Co. wanted too much for a new trailer, but had found a good used one in Ranger, Texas for $13,000. He said the trailer is not a budgeted item. Also in checking on the air brakes for the truck he had found it would cost approximately $1,90Q.. Councilman Pollan suggested Mr.. Gaup look at a trailer on the parking lot of Sunbelt Savings & Loan.. Mr. Gann recom ended'that the Council accept the low bid on the dunp truck and he would do something about the air brakes and check further on the trailer equipment. Councilman Riggins moved that the low bid of $15,918 from Bruner Chevrolet Co. be accepted for purchase of one (1) 1983 dung truck with dug bed complete as per specs. Councilman Brede seconded the motion. The motion carried by the following vote: AYES; All members present voted aye. NOE$: None °o. b ITEM IV: AUTHORITY TO INVITE BIDS. Councilman Ferguson moved that Chief Conner be authorized to invite bids for an officer copier for the Police Department. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye.. NOES: None City Administrator Kurt Ackermann advised that Fire Chief Larry May had requested a 1/2 ton pickup with lights and radio for his vehicle as he felt this type vehicle . would be better for the department as they already had a station wagon. Mr. Ackerman said the mmey was budgeted in salaries which had not been used. After some discussion, Councilman Swindle moved that Fire Chief May be authorized to invite bids for a 1/2 ton pickup for the Fire Department. Councilman Brede seconded the motion. The motion carried by the following vote; AYES: Councilmen Swindle, Pollan, Brede, Riggins and Mayor Cummings NOES: Councilman Ferguson. ITEM V: CONSIDER AMENDMENT AND AP:pROVAL OF GARBAGE FRANCHISE TO MT S. City Administrator Kurt Ackerman read the amendment providing for the handicapped persons included in the new ten (10) year garbage franchise to Mrs. Carol A. Bledsoe. Councilman Riggins said the Garbage Franchise Committee recommends acceptance of the new franchise and to raise the residential garbage rates from $3.75 per month to $4.50 per month effective April 1, 1983. Councilman Riggins moved that the amended Garbage Franchise to Mrs. Carol A. Bledsoe for ten (10) years be approved and that the residential garbage rates be increased to $4.25 per month from $3.75 per month. Councilman Ferguson seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES: None ITEM VI: d "1 D1a'.M 1 Mr, Lynn Willis presented the following " REPORT OF AN ENGINEERING ANALYSIS OF THE WATER SYSTEM FOR THE CITY OF STEPHENViLLE.'" In his report, Mr. Willis mode the following recommendations for water improvements through the year 2000: a. The City should continue to develop water wells with the proven well field east of the city. At least two wells should be developed as soon as possible, and two addional wells per year for the following.6 years. b. A detailed engineering investigation should be made in the near future to determine the most feasible alternative for a surface water source of supply to either augment or take the place of wells. c. As an increasing amount of water is supplied from the east well field through the Airport station, a regular on -going program of main feeder line construction generally looping the City, should be accomplished. d. A separate distribution system with its own storage and pumping facility should be developed from within the existing system for the higher elevations in the west section of the City. The first phase of this development will consist of the following general outline: 1. Use the existing Garfield Station ground storage and add new service pumps to supply the "high system ". 2. Construct a 750,000 gal. elevated storage tank at location "A" as shown on Map No, 2. 3. Construct a 16 inch main line from the existing main on Highway 67 near Loop 988, to the new elevated storage tank. L -= L L L FRANCHISE TO CAROL A. BLEDSOE FOR GARBAGE COLLECTION AND DISPOSAL AN ORDINANCE GRANTING TO CAROL A. BLEDSOE A FRANCHISE TO FURNISH GARBAGE COLLECTION AND DISPOSAL SERVICE TO THE RESIDENTS OF THE CITY OF STEPHENVILLE. PERMITTING HER TO USE THE STREETS, ALLEYS AND PUBLIC WAYS FOR THE PURPOSE OF FURNISHING AND PERFORMING THIS SERVICE AND PROVIDING FOR RATES AND CHARGES TO BE MADE BY CAROL A. BLEDSOE TO THOSE USING THIS SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS. Section One CAROL A. BLEDSOE, hereinafter called the Contractor, is hereby granted permission to use the public streets, alleys and thoroughfares within the city limits of the City of Stephenville for the purpose of engaging in the business of collecting garbage, trash and refuse, for a period of ten years beginning on the 1st day of April, 1983, subject to the terms and conditions set out in this agreement. Section Two The Contractor shall collect and dispose of all garbage, trash and refuse accumulated within the corporate limits of City of Stephenville and beyond, for which service a charge shall be made and collected by the City, under the following regulations: A. Occupants of residences that are located adjacent to a designated city alley or travellable easement shall place their garbage cans or other containers of their garbage in such alley or easement way, where they will be picked up by Contractor, it being understood and hereby declared that designated alleys shall be kept in travellable condi- tion by the City, but that easements are not the responsi- bility of the City and shall be kept in travellable condition by the property owners over whose land such easements run. Should any easement not be travellable by Contractor's garbage trucks, the owners or occupants adjacent to such easement will place their garbage adjacent to the street on which their residences are located as hereinafter provided for those whose residences are not adjacent to a designated alley or travellable easement. B. Occupants of residences not located adjacent to a designated alley or travellable easement shall place their garbage in cans or other containers adjacent to the curb line in the utility space between their property line and the curb. C. Contractor shall not be required to pick up any garbage placed other than as provided above. D. The Contractor shall be obligated to serve all garbage service accounts, and to service such additional accounts as may be directed by the City. E. Commercial boxes are to be furnished by the Contractor, and the Contractor shall return all lids on such com- mercial boxes to the closed position upon garbage and trash being picked up from such boxes. Section Three The Contractor shall furnish at his own expense, all trucks, machinery, equipment, tools, superintendence, labor, insurance and other accessories necessary to efficiently render such service to the public. Section Four The Contractor shall dispose of all garbage, trash, and refuse collected pursuant hereto at the Landfill to be designated by the City and at no other place without the prior written approval of the City. Continued permitting of the blowing of paper or trash from the garbage trucks en route to the Landfill, after notice will be given to the Contractor before any action is taken by the City of the provision. Contractor will be allowed to use the Landfill during the same hours as such Landfill is open to the public. However, trucks which are engaged in commercial pickup shall be allowed to use said Land - fill before 9 :00 a.m. each morning. Section Five The Contractor will make the following number of collections of garbage, trash and refuse: A. In residential areas - -two (2) days per week; and it shall be the responsibility of the Contractor to obtain frequent list of new customers and to provide service immediately to said new customers, and the City reserves the right to refund charges where a customer has not been served by the Contractor. B. In public, business, commercial and all other areas - -at such times as may be requested by the owner or directed by the City Administrator of the City, but at least as often as is required to adequately serve the patrons affected. Section Six The Contractor shall indemnify and save harmless the City, its officers, agents, and employees for and from any and all loss, liability, claims, demands, actions or suits of any and every kind and description arising or resulting from or in any way connected with the operation of the Contractor hereunder. The Contractor shall carry at her own expense public liability insurance of one hundred thousand dollars ($100,000) - -three hundred thousand dollars ($300,000) - -ten thousand dollars ($10,000), this to cover damage to persons and property as is customary in the State of Texas. Such insurance shall be carried with a recognized insurance carrier. A certificate evidencing such insurance coverage will be delivered to the City Administrator of the City upon the execution thereof. Section Seven The City shall have full control over the Sanitary Landfill designated by the City and shall bear the full expense of opera- tion thereof and shall retain all income from such operation except as may be determined by separate agreement. No charges shall be made against the Contractor for the use of said Landfill except as pointed out in this franchise. All trucks shall be unloaded by the time of closing each day. Section Eight The Contractor shall establish and maintain an office out- side of the home of Contractor within the City of Stephenville and shall keep said office open during all normal business hours, and shall service all complaints relating to garbage collection service. When necessary, complaints shall be reviewed with the City Administrator and the effort will be made to eliminate rather than answer complaints. Section Nine The City may, at any time the City Council does not deem the Contractor a fit and proper person to render the service authorized hereunder or determines that the general health and welfare of the citizens of the City of Stephenville will best be served by such action, after hearing, revoke and cancel this franchise, in which event the permit granted Contractor hereby shall be null and void. The hearing on such revocation and cancellation shall be held not less than ten (10) days after notice thereof has been given Contractor. Such notice shall specify the time and place of the hearing and shall list the reason why the health and general welfare of the City requires such revocation and cancellation. Said hearing shall be public, and the Contractor shall be allowed to be present and to be represented by Counsel and shall have full opportunity to disprove all charges and allegations set out in the notice. Said hearing shall be conducted by the City Council, and if the finding of fact made after,such hearing show Contractor is not a fit and proper person to conduct garbage collection service for the City as required hereunder and under the ordinances of the City, or show that the general health and welfare of the citizens of the City or the best interest of the City will be served by such action, then the City Council may revoke and cancel this franchise and same shall become null and void.. In the event the City revokes and cancels this franchise under the fore- going provisions, at Contractor's option the City shall pur- chase all trucks, machinery, and equipment and tools regularly used by Contractor in performance hereof and shall pay Con- tractor therefor the agreed value of such trucks, machinery and equipment as of the time of revocation and cancellation. If the parties cannot agree on such value, same shall be determined by appraisal and if an appraiser may not be agreed upon, the City Administrator shall act as an appraiser. If the City Administrator and such appraiser cannot agree on an appraisal, they shall by agreement select a third appraiser and the City Administrator and the two appraisers so selected shall by majority vote determine the appraised value to be paid by City for such trucks, machinery, equipment, and tools. In the event the Contractor fails or refuses to appoint an appraiser within five (5) days after revocation and cancellation as herein provided, then and in that event, the City Administrator shall have the right to appoint an appraiser for the Contractor. In the event the City Admini- strator of the City and any such appraiser appointed by the Contractor fail, within three (3) days after said appraiser is appointed, to agree on another appraiser, Contractor shall appoint a new appraiser, and shall continue to so appoint new appraisers until the appraiser appointed by Contractor and the City Administrator shall agree on a third appraiser. Section Ten In the event of strike, act of God, catastrophe, or any other event that interrupts the efficient collection and disposal of garbage provided for herein, or the Contractor fails to operate the garbage collection service during this period, the City shall have the right to immediately take possession of all trucks, machinery, equipment, and tools used in connection with such service and operate same until such time as the condition which prevented normal operation hereunder ceases to exist. The City Administrator of the City shall determine if and when weather or other uncontrollable conditions become so adverse that it is impossible to operate garbage collection service for the City of Stephenville hereunder. Section Eleven It is understood by and between the parties herein that the City is contemporaneously with the execution hereof revising its garbage franchise so as to provide for additional and more efficient service by Contractor to the citizens of the City of Stephenville, but it is expressly agreed that the City reserves the right to regulate the charges made its customers for garbage collection, and that the City shall collect all charges made by it, except for extra hauling or special hauling which will be billed direct by Contractor. On the first day of each month, the City shall pay to the Contractor eighty -two and one -half percent (82.58) of the gross receipts from garbage collection charges on accounts actually serviced by the Contractor for the preceding month. The parties agree that the percentage division of gross receipts shall be negotiable upon application of either party. The Con- tractor shall make no charge for collection and disposal of the garbage accumulated by the City as long as such garbage can be collected on a regular collection route of Contractor as established hereunder. It is specifically provided that the Contractor may establish rates and make collections from commercial, industrial, or other accounts not regularly collected by the City. Commercial, industrial, or other accounts as used in this ordinance include only those places of business that are not used as residences, and specifically do not include rental units, apartments, or other liv- ing accomodations held for rental. Extra hauling shall not be billed by the City, but shall be charged for at the gate at the same rate charged other Contractors for such hauling. Section Twelve Negotiation of charges. It is expressly understood and agreed that at any time during the term of this agreement the Contractor may at his option, submit a request in writing for an adjustment in the established charges for refuse collection and that the City upon investigation and consideration of the circumstances surrounding the request, may approve or disapprove the same. Section Thirteen Contractor shall have employees take necessary precautions before leaving City and before leaving landfill area to prevent papers, garbage, or boxes from blowing from trucks. Section Fourteen The Contractor shall try to satisfy all complaints and when required, report same to City Administrator. Also, the goal of the City is to eliminate as many complaints as possible. To this end, the Contractor shall meet with the City Administrator when necessary to review any and all complaints. Section Fifteen All equipment, including trucks, necessary for the performance of this contract shall be in good repair and condition. A standby vehicle shall always be available. The trucks shall be all metal, with completely enclosed "packer" type bodies. The trucks shall not enter a residential area prior to 6:00 a.m. Section Sixteen The matter of providing "Free Service" to needy customers shall be reviewed each year and shall be determined on an indi= vidual case basis, by a three (3) man committee to be appointed by the City Council. The "Free Service" will be equally borne by the City and the Contractor so long as the number does not exceed fifty (50). Any number over fifty (50) will be exclusively by the City of Stephenville. Section Seventeen Garbage customers who are handicapped persons shall not be required to place their garbage containers on utility space or adjacent to utility space or on street curb line but may leave such containers in their yard adjacent to their residence and garbage will be picked up there. Handicapped persons desiring this special consideration must furnish to Contractor a doctor's certificate that they are handicapped. Section Eighteen The Contractor shall not assign this franchise or any rights arising hereunder without the prior written approval and consent of the City. Section Nineteen It is understood and agreed by and between the Contractor and the City that deposits received by the City in connection with its water service shall be held by the City primarily for the satisfaction of water accounts. Any excess of such deposits shall be utilized for the payment of charges made for garbage collection and disposal service only after all amounts owing the City for water service shall have been satisfied therefrom. Section Twenty If any clauses or paragraphs contained herein shall be determined to be void by any court of competent jurisdiction, such determination shall have no effect on any other clause or paragraph contained herein. The term of this franchise shall begin on the 1st day of April, 1983, and shall extend for a period of ten years there- after, subject to the provisions herein set out. PASSED AND APPROVED this /7 tL day of March, 1983. CITY OF STEPHENVILLE 3y Ma or ATTEST. y cretary The above and foregoing franchise is accepted by me this 02/ , AJ day of �' CA � �, 1983. (Carol A. Bledsoe) 259 4. Install the necessary valves at select locations near the 1,340 ft. M.S.L. elevation to separate the high elevation "H" system from the low "L" system. e. Phase TVn of this development will consist of the following general outline: 1. Construct a new 16 inch main feeder line along Highway 67 from the existing main near the Bosque River to the previously constructed (Phase I) 16 inch main near Loop 988. 2. Construct a new 1,000,000 gallon ground storage reservoir near location 'A' 3. Install new service pumps at the new 1,000,000 gallon ground storage, to service system '$ ". 4. Begin phased in construction of 12" and 16" looping mains along Loop 988 west and adjacent areas in increments for completion as demand requires. f. The final phase of the proposed water works improvements for the period of time (year 2000) of this report, is the construction of a 500,000 gallon elevated storage tank for system "H". This tank should be located adjacent to the elevated tank constructed in phase one or at alternate site "B ". Mayor Cummings advised Mr. Willis that the Council would look at this report and the recommendations and try to formulate some type of plan and financial schedule that the city could live with and still take care of future needs. There being no other business to come before Council, Mayor Cummings adjourned the meeting..at 3:15 p.m. Jo . Cummings, -Mayor - A T: y cretary