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HomeMy WebLinkAbout1981-09-01 - Regular City Council143 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS HELD ON SEPTEMBER 1, 1981 A regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilman Charles Riggins Councilman G. A. Swindle Councilman Raymond Anderson Councilman W. M. Irwin Councilman Larry Hammett Councilman E. W. Ferguson Councilman David Clayton with the following members absent: Councilman William G. Brede. City Administrator Kurt Ackermann, City Secretary Joyce Pemberton and City Attorney Joseph Chandler were present. ITEM I: APPROVAL OF MINUTES. Councilman Swindle moved that the minutes of the council meetings of August 3rd, August 4th, and August 27th, 1981, be approved as written. Councilman Irwin made the second. The motion carried by the following vote: AYES: All members present voted aye NOES: None ITEM II: RESOLUTION OF REVENUE BONDS FOR EMERSON ELECTRIC CO. Mr. Jack Gray of Schneider, Bernet & Hickman, Inc., presented the following resolution approving Industrial Revenue Bonds for Emerson Electric Company. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, APPROVING AGREEMENTS'AND:fRESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION RELATING TO THE FINANCING OF INDUST- RIAL OR MANUFACTURING FACILITIES FOR EMERSON ELECTRIC COMPANY. Entire resolution recorded in minutes. Councilman Riggins moved adoption of a resolution pertaining to issuance of revenue bonds for Emerson Electric Company. Councilman Anderson made the second. The motion carried by the following vote: AYES: All members present voted aye. NOES: None III: CONSIDER ACCEPTANCE OF 1981 CITY TAX ROLL AND Mrs. Lillian Crow, chairperson of the Board of Equalization, on behalf of the City Tax Office of Stephenville and the other board members, Mrs. Helen Martin, and Mr. Charles Gambel, presented the Board's approved total valuation of the 1981 city tax roll in the amount of $125,278,317.00. Councilman Irwin moved acceptance of the report on the 1981 city tax roll as presented and expressed the Council's appreciation for their work and the Board's dismissal. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 444 ITEM IV: HEAR MRS. BETTY HEATH REGARDING DOWNTOWN PARKING METERS. Mrs. Betty Heath addressed the Council regarding the monitor- ing of the downtown parking meters. Mrs. Heath said she was not suggesting discontinuing the parking meters, but was suggesting a route be estab- lished for monitoring the meters and said route be walked at given intervals. Mr. Billy Mobley, Chamber of Commerce manager, advised the Council that he felt the general consensus of the downtown merchants was not to discontinue the parking meters, but to use more judgement in the issuance of parking tickets. Mr. C. H. Maguire, Jr., President of Stephenville Bank and Trust Company, advised the Council that he did not disagree with what Mrs. Heath and Mr. Mobley had said regarding the parking meters, but he did hope this would not be cause for the meters to be discontinued. Also, if the meters are bringing in so much revenue, maybe they should be monitored on Saturdays also. Mayor Cummings appointed a committee of himself, the City Administrator and Chief of Police to.establish some written policies to be used as guidelines for the person charged with the responsibility of monitoring the parking meters. ITEM V:CONSIDER DEPOSITORY BIDS FOR FISCAL YEAR 1981-1982 Councilman Irwin moved that the bid of the Stephenville Bank and Trust Company for the City Depository for the fiscal year 1981-1982 be accepted. Councilman Anderson made the second. The motion carried by the following vote: AYES: Councilmen Swindle, Irwin, Anderson, Ferguson, Hammett, and Clayton. NOES: None ABSTAINED: Councilman Riggins. Counciman Riggins asked that the minutes reflect that he did not enter into any discussion regarding the City Depository bids nor did he vote when question was called. ITEM VI: CONSIDER ACCEPTANCE OF THE TANGLEWOOD ESTATES SUBDIVISION. This item was tabled until the regular meeting in October ITEM VII: APPOINT Mayor Cummings, Mr. John Latham as member Mr. Ralph Kemp.who moved OR RALPH KEMP ( with the consent of the Council, appointed of the Planning & Zoning Commission replacing out of the city. ITEM VIII: APPOINT TWO MEMBERS TO THE AIRPORT ADVISORY BOARD. Mayor Cummings, with the consent of the Council, appointed Mr. Bill Mobley and Mr. Lee Solley as members of the Airport Advisory Board replacing Mr. G. A. (Pinkie) Swindle and Mr. Jim Chambers. ITEM IX: APPOINT CITY HEALTH OFFICER. Mayor Cummings, with the consent of the Council, reappointed Dr. Leon M. Altaras as the City Health Officer for the fiscal year 1981 1982. 145 ITEM X: SECOND READING OF GULF STATES TELEPHONE FRANCHISE. Mayor Cummings, for the second regular meeting, read the heading of the Gulf States telephone franchise. No action was taken. ITEM XI: REPORT ON PALUXY RIVER WATER RIGHTS APPLICATION. Mayor Cummings reported that Attorney Frank R. Booth of the law firm of Booth, Lloyd & Simmons has been contacted and agreed to represent the city in the Paluxy River water rights application. A committee has been formed consisting of himself as Mayor of Stephenville, Mayor of Granbury Bud 0lson, Hood County Judge Milton Myers, and Somervell County Judge George Crump. This committee, in the near future, will get more definitive in the areas to be served with who shares what respons- ibilities, the pro rata share of costs, etc. Any official action, of course, will have to be voted by the Council. There was an executive session to discuss pending litigation (Article 6252-17, VTCS, Section 2 e ) in the Wayne Barham tax suit and the following action was taken when the Council reconvened in open session: Councilman Irwin moved that the City Attorney be authorized to proceed in the pending tax suit between Wayne Barham and the City of Stephenville to include in the decision by said court the judgement setting the same value in 1981 as was set in 1980 on the property in question. Councilman Hammett made the second. The motion carried by the following vote: AYES: All members present voted aye. NOES: None There being no other business, Mayor Cummings adjourned the meeting at 8:30 p.m. ATTEST: ec/ _Z� ty ecretary •46 A RESOLUTION by the City Council of the City of Stephenville, Texas, approving agreements and resolution authorizing the issuance of revenue bonds of the Stephenville Industrial Development Corporation relating to the financing of industrial or manufacturing facilities for Emerson Electric Co. WHEREAS, on the 19th day of February, 1980, the City Council approved a memorandum of agreement by and between the Stephenville Industrial Development Corporation (the "Issuer") and Emerson Electric Co. (the "Company")acting through a a division of the Company known as Vernco Division which no longer exists as a part of the Company, pertaining to financing the costs of acquiring and constructing facilities to be operated and maintained by the Company in its trade or business and used for manufacturing or industrial purposes by the Company (the "Project"); and WHEREAS, final agreements in relation to financing the Project and a resolution adopted by the Board of Directors of the Issuer authorizing the issuance of its revenue bonds in the principal amount of $5,000,000 have been submitted to this City Council for approval as required by Section 25(f) of the Development Corporation Act of 1979 (Article 5190.6, V.A.T.C.S.);. and WHEREAS, the City Council hereby finds and determines that the resolution of the Issuer authorizing the issuance of the "Stephenville Industrial Development Corporation Industrial Development Revenue Bond, Series 1981 (Emerson Electric Co. Project)" in the principal amount of $5,000,000 and the agreements executed in connection therewith, should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1: That the resolution of the Board of Directors of the Issuer entitled as follows: "A RESOLUTION by the Board of Directors of the Stephenville Industrial Development. Corporation relating to the issuance of revenue bonds to be known as "STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1981 (EMERSON ELECTRIC CO. PROJECT)" dated August 1, 1981; fixing the details and providing for the payment and security of such bonds, approving and authorizing the execution of a Loan Agreement and Indenture of Trust in relation to the payment and security of such bonds and the rights of the holders of such bonds, making such Loan Agreement and Indenture a part of this Resolution; making certain findings, covenants and declarations relating to such bonds and the issuance thereof; acknowledging the rights :of the Corporation under the Loan Agreement and Note to be assigned to the Texas Commerce Bank National Association, Houston, Texas, as trustee, under the Indenture of Trust; and resolving other matters incident and related to the subject and purpose of this Resolution. 14'7 together with (i) the Indenture of Trust from the Issuer to the Texas Commerce Bank National Association, Houston, Texas, as trustee dated as of August 1, 1981 (attached to said resolution as Exhibit "A") and (ii) the Loan Agreement by and between the Issuer and the Company, dated asof hereby in 1981 (attached to said resolution as Exhibit "B") y espects approved. SECTION 2: The approval herein given is in accordance with t e provisions of Section 25(f) of the Development Corporation Act of 1979, and is not to be construed as any undertaking by the City of Stephenville, Texas, and such bonds shall never constitute an indebtedness or pledge of the Issuer, the City of Stephenville, Texas, or the State of Texas within the meaning of any constitutional or statutory provision, and the holder of such bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the City of Stephenville, Texas, or the State of Texas except those revenues assigned and pledged by the resolution authorizing the issuance of such bonds. SECTION 3: The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. PASSED AND APPROVED, this 1st aav of September, 1981 1ty o Step envi e, Texas Attest: ;YL liJ cretarY, City o Stephenville, Texas (City Seal) CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § § COUNTY OF ERATH § § CITY OF`STEPHENVILLE § I, the undersigned, City Secretary of the City of Stephenville, Texas, DO HEREBY CERTIFY as follows: 1: That on the 1st day of Se tember , 1981, the City Council of the City of—Stephenvi e, exas convened in regular session at its regular meeting place in the. City Hall U said City; the duly constituted members of the Council being.as follows: JOE F. CUMMINGS MAYOR W. M. IRWIN ) RAYMOND ANDERSON ) G. A. SWINDLE. ) LARRY HAMMETT ) COUNCILMEMBERS CHARLES RIGGINS.' ) ERMER FERGUSON �. WILLIAM G. BREDE ) DAVID. CLAYTON ) and all of said person were present at said meeting, except`' the following: Brede ... ' . Among other business considered at said meeting, the attac ed `resolution entitled: "A RESOLUTION by the. City Council of the City of Stephenville, Texas, approving agreements and resolution authorizing the issuance of -revenue bonds of the Stephenville Industrial Development Corporation relating to the financing of industrial or manufacturing facilities for Emerson Electric Co.'.' was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, a motion was made by Ri ins` ' that the resolution be finally passed an a opte The motion was .seconded by Anderson' and carried by the following vote: 8 voted "For" .0 voted "Against" p abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date.' u 149 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on. the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of the time, place and 'purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the ist day of September • , 1981. CAty creta y, City o Stephenville, Texas (City Seal) GENERAL CERTIFICATE OF CITY 151 THE STATE OF TEXAS § § COUNTY OF ERATH § CITY OF. STEPHENVILLE § I. the undersigned, City Secretary of the City of Stephenville, Texas, (the "City"), make this certification for the benefit of all persons interested in. the issuance by the Stephenville Industrial Development Corporation (the "Issuer") of its $5,000,000 Industrial Development Revenue Bond, Series 1981 (Emerson Electric Co. Project) (the "Bond"). On behalf of the City, I hereby certify: 1. That the Issuer was approved and authorized to be created to act on behalf of the City pursuant to a resolution duly adopted by the City Council on February 5, 1980, which resolution also approved the Articles of Incorporation and By- laws of the Issuer, and the Certificate of Incorporation for the Issuer, dated February 11, 1980 issued by the Secretary of State of the State of Texas is on file and of record in the official records of the City. That amendments to the Issuer's Articles of Incorporation and Bylaws were approved by the City Council on the lst day of July 1980, and a Certificate of Amendment, d-at_e__cr—July 1 1 1980, together with the Articles of Amendment issue by the Secretary of State are on file and of record in the official records of the City. 2. That on the 1st day of September, 1981, the duly qualified and acting m hers of the�ar—d-of Directors of the Issuer, appointed by the City Council of the City are as follows: WILLIAM B. CORBIN, JR. ) JAMES T. CHAMBERS ) BILLY M. MOBLEY PERRY D. ELLIOTT ) DIRECTORS C.H. MAGUIRE, JR. ) JOHN LATHAM ) DOROTHY WATKINS ) 3. That the City Council of the City has, by written resolution, dated se tember 1 1981, specifically approved the issuance of the Bon anal & documents relating thereto in the amount and for the purposes set forth therein. 4. The City has approved all programs and expenditures of the Issuer in connection with the issuance of the Bond and the transactions contemplated thereby. WITNESS BY HAND AND THE OFFICIAL SEAL OF THE CITY, this 1st day of September, 1981 y cretary, City ot Step envi e, Texas (City Seal)