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Home My WebLink About1983-05-24 - Special City Council275 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, MAY 24, 1983 - 3:00 P.M. A special session 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 Councilmembers: Charles Riggins Councilmembers: .James L. McSwain John E. Pollan Ray Reynolds G. A. Swindle Floyd Gordon William G. Brede David Clayton and with the following members absent: None City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works R. Y. Gann, Director of Finance Charlene Young, Director of Utilities Danny Johnson, Mrs. Meldeene Elliott, Nickie Beth Jones, Karen Sue, Pack, Jack Gray, Lynn Willis, Billy Mobley, and Brad Allen were present also. ITEM I: CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3.700.000 After tabulation of bids (copy attached to and becoming a part of these minutes) at sale of $3,700,000 City of Stephenville, Combination Tax & Utility System Subordinate Lien Revenue Certificates of Obligation, Series 1983, Councilman Pollan moved that the City Council honor the low bid of 9.5070 from Schneider, Bernet, and Hickman, Inc. and associate members. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES; All members present voted aye, NOES: None After the reading of the ordinance, Councilman Swindle moved passage of the following, ordinance: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF $3,700,000 "CITY OF STEPHENVILLE, TEXAS, COMBINATION TAX AND UTILITY SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1983 ", DATED JUNE 1, 1983; PRESCRIBING THE FORM OF THE CERTIFICATES AND THE FORM OF THE INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN ADVALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY'S WATER- WORKS AND SANITARY SEWER SYSTEM; PROVIDING THE TERIS AND CONDITIONS OF SUCH CERTIFICATES; AND ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDTISIANCE. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES; All members present voted aye. NOES': None The Mayor and Council discussed the draft received from the Brazos River Authority (BRA) and whether or not the City is interested in reserving the water rights offered by the BRA from Lake Proctor. Also whether or not a meting with the BRA is needed to discuss said water rights. After discussion, Mayor Cummings directed the City Administrator to notify the Brazos River Authority that the City Council is interested in securing the water rights the BRA is offering and that within the next week and one half to two weeks to get to- gether to discuss with them the provisions of the contract. ITEM IT; PROPOSAL FOR TRANSFER OF GARBAGE FRANCHISE FROM CAROL A. BLEDSOE After some discussion of the proposed transfer of the garbage franchise, Councilman Reynolds moved passage of the following ordinance: AN ORDINANCE TRANSFERRING TO KAREN SUE PACK, NICKI BETH JONES, AND MELDEENE ELLIOTT GARBAGE COLLECTION AND DISPOSAL SERVICE TO THE RESIDENTS OF THE CITY OF STEPHENVILLE FRANCHISE; PERMITTING THEM TO USE THE STREETS; ALLEYS AND PUBLIC WAYS FOR THE PURPOSE OF PERFORMING THIS SERVICE AND IMPOSING UPON THEM ALL OBLIGATIONS AND 2!6 DITTIES AS PROVIDED IN THIS FRANCHISE AS GRANTED TO CAROL A. BLEDSOE. The motion was seconded by Councilman Swindle. The motion carried by the following vote: AYES: Councilmen Gordon, Pollan,'. Brede, Swindle, McSwain, Reynolds, and Clayton. NOES: None ABSTAINED: Councilman Riggins.. ITEM III: CONSIDER A RESOLUTION APPROVING A COMMITMENT OF THE STEPHENVILLE HEALTH FACILITIES DEVELOPMENT CORPORATION TO PARTICIPATE IN THE FINANCING OF A HEALTH FACILITY FOR ROCK HOUSE, INC. Mr. Billy Mobley, secretary of the Stephenville Health Facilities Development Corporation, addressed the Council requesting approval of the above Resolution. Mr. Brad Allen, owner /operator of Rock House, Inc., addressed the Council stating that should the Council approve said request it would give him the financing needed to purchase an additional 15 acres of property on the Lingleville Highway and to construct additional housing which would enable them to centralize their operation into one location. Mr. Allen said their intent was to close the facility on West Washington which would be a safety factor. He said he felt this proposed facility would enable them to offer a safer environment with a better program for their clients. Councilman Swindle suggested this item be put into committee for study. Mr. Allen advised that his option on the property would expire in 60 days. Mayor Cummings appointed Councilmen Reynolds, chairman, Gordon and McSwain as a committee to study this proposal and make their recommendations at the June 7th meeting. ITEM IV: CONSIDER PLANS FOR CITY-WIDE CLEAN -UP PROJECT FROM MR BILLY MOBLEY. Mr. Billy Pbbley, representing the Chamber of Commerce and several of the civic club, addressed the Council requesting city participation in a city-wide clean-up project. He asked the city to keep the landfill open all day Saturday, June 4th and provide personnel and equipment on June 6th, 7th, and 8th for curbside pick -up. After discussion, Councilman Brede moved thatt.the City Council approve city participation in the city-wide cleanup project as outlined by Mr. Moblev. Councilman Riggins seconded the motion, The motion carried by the following vote: AYES: All members present voted aye, 140ES: None ITEM Vi DISCUSS MATIERS PU ATED TO SALE OF FIREWORKS WITHIN THE CITY. Councilman McSwain expressed his concern about a catalog received by Grant's Plants through the mail offering fireworks for sale. His question was whether or not the city's existing ordinance prohibiting the sale of fireworks within the city should be amended to cover this type of problem. City Attorney Chandler advised that, in his opinion, the present ordinance is sufficient. City Administrator Kurt Ackermann advised he had written a letter to "Consigned Sales Co., Inc." advising them of our ordinance probiibiting the sale of fireworks within the city. There was no further discussion or action taken. MrwIrurr OF DISCUSSING The Mayor and Council reconvened in open session with no action being taken on matters discussed in executive session, There being no other business, the meeting adjourned at 5:15 p.m. t Jo Cummings, Mayor J 4 itv S cretary R E S O L U T I O N BE IT RESOLVED THAT the City of Stephenville ,acting through its duly constituted governing body, do adopt by proper action of a quorum of said members of such governing body at a regular or properly constituted special or call meeting of such governing body, the provisions of Section 33.07 of the Property Tax Code, as amended by HB 30, providing for ADDITIONAL PENALTY FOR COLLECTION COSTS, since the above jurisdiction presently has a valid Contract for the Collection of Delinquent Taxes with a tax attorney, pursuant to Section 6.30 of said Property Tax Code, as amendend; and BE IT RESOLVED THAT following proper passage of this Resolution that the Tax Collector for the above jurisdiction be advised of this action and be instructed to take any and all action required under. the provisions of this section, including the notification of each delinquent taxpayer of his delinquency and of the penalty involved at least 30 and not more than 60 days before July 1, 1983, and to do any and all of such other acts required by said Section 33.07 of the Property Tax Code, as amended by HB 30; and BE IT RESOLVED THAT this Resolution or a copy thereof be placed or entered into the minutes of the above jurisdiction showing the action taken thereon. MOTION MADE, SECONDED AND BY A VOTE OF 7 TO 0 THIS RESOLUTION WAS ADOPTED this 3rd day of May 1983. ATTESTED TO BY: Fa 1 ez� Presiding Officer) or Pro Tem John E. Pollan 276A AN ORDINANCE TRANSFERRING TO KAREN SUE PACK, NICKI BETH JONES AND MELDEENE ELLIOTT GARBAGE COLLECTION AND DISPOSAL SERVICE TO THE RESIDENTS OF THE CITY OF STEPHENVILLE FRANCHISE; PERMITTING THEM TO USE THE STREETS, ALLEYS AND PUBLIC WAYS FOR THE PURPOSE OF PERFORMING THIS SERVICE AND IMPOSING UPON THEM ALL OBLIGATIONS AND DUTIES AS PROVIDED IN THIS FRANCHISE AS GRANTED TO CAROL A. BLEDSOE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One The Garbage Service and Disposal Franchise granted by the City Council of the City of Stephenville, Texas, to Carol A. Bledsoe by ordinance of this City Council at meeting of this City Council on the 17th day of March, 1983 and accepted by Carol A. Bledsoe on the 21st day of March, 1983 is hereby transferred to Karen Sue Pack, Nicki Beth Jones and Meldeene Elliott. Section Two This Franchise has a term of ten years and began on the 1st day of April, 1983 and extends for a period of ten years thereafter. Karen Sue Pack, Nicki Beth Jones and Meldeene Elliott shall be bound by all the provisions of said franchise ordinance and shall perform all the duties and obligations agreed to by the contractor, Carol A. Bledsoe, under such franchise ordinance and Carol A. Bledsoe is relieved of further performance, duties and liabilities under said franchise ordinance. Section Three Karen Sue Pack, Nicki Beth Jones and Meldeene Elliott are hereby constituted the holders of this Garbage Collection and Disposal Franchise and shall carry out the terms thereof as the contractors under such ordinance and they are charged with the responsibility of the holders of such franchise as set out in the franchise ordinance. PASSED and APPROVED this 24th day of May, 1983. CITY OF STEPHENVILLE By M or ATTEST: City Secretary The above and foregoing transfer of franchise is accepted by us, this day of May, 1983. a Karen Sue Pack 44 Ate" 0 Nicki Beth Jones Meldeene Elliott The above transfer of franchise is agreed to and approved by me this day of May, 1983. Carol A. Bledsoe