HomeMy WebLinkAbout1978-01-03 - Regular City Council136
REGULAR SESSION - TUESDAY
JANUARY 3, 1978 - 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, January 3, 1978, at 7:00 p.m., with Mayor Donald R.
Jones present and presiding. Councilmembers Jim Chambers, W. M. Irwin,
Calvin McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, Larry
Hammett and Betty Heath were present.
Others attending the meeting were City Administrator Marshall
Shelton, Administrative Assistant Kurt Ackermann, Director of Public
Works R. Y. Gann, Director of Parks & Recreation Ronnie Isham, Street
Superintendent Clinton Hicks, Assistant City Attorney Randolph Chandler,
City Secretary Joyce Pemberton, Mrs. Theresa Mulloy, Mr. Jerry Singleton,
and Mr. Jonathan Pray.
Mayor Jones called the meeting to order.
Councilman Chambers moved, seconded by Councilwoman Heath, to approve
the minutes of the December 6th and December 15th meetings as written.
Motion carried unanimously.
Mrs. Theresa Mulloy came before the Council to present a report on
the facilities that are now available through the Pecan Valley Mental
Health and Mental Retardation Foundation presently located in the City
of Stephenville.
Adult and children's counseling, a psychiatrist one day per week,
adult and child mental retardation services, alcohol services with a
full time alcohol counselor and drug thereapy were some of the services
Mrs. Mulloy cited as being available now through the Pecan Valley MH & MR
Community Service. Mrs. Mulloy advised the Council that said services
were available regardless of ability to pay. They do have a "sliding .
scale" to determine the amount to be paid, if possible to pay at all.
Mrs. Mulloy advised the Council that they could be of great help
by spreading the word of the services available through this organization
Also that juveniles having problems should be and can be referred to her
by the police department.
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Mayor Jones advised the Council of a request for a rate increase
filed with the City Administrator by Texas Power & Light Company on
December 22, 1977, to be effective January 25, 1978.'
Mr. Jerry Singleton, local manager of Texas Power & Light Company,
came before the Council with a very thorough presentation of why this
rate increase is necessary.
After discussion, Councilman Chambers moved, seconded by Councilwoman
Heath, to adopt an ordinance to suspend the effective date for 120 days
from January 25, 1978, for proposed revision of rates and schedules of
Texas Power & Light Company for service in the City of Stephenville as
filed on December 22, 1977, so that the City Council will have the time to
consider the data, along with the Public Utilities Commission's findings
and to conduct public hearings for final determination of the propriety
of the request for a rate increase. The motion carried unanimously.
Mayor Jones appointed Councilmembers W. M. Irwin, chairman, Calvin
McGee and Betty Heath as a committee to meet with Mr. Singleton for further
data and to monitor the actions of the Public Utilities Commission on the
rural rates increase request and then establish a time for public hearings
prior to recommendations of said committee being submitted to the Council.
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City Administrator Shelton read the following two bids received for
purchase of a maintainer for the Street Department:
Darr Equipment Co.-------- ------
----------------- - - - - -- $64,440
Less Trade Allowance of $17,965------- - --- -- 46,475
----- - - - - --
With 3 year unconditioned warranty on parts,
labor and mileage.
John Deere Company------- --- ----------- - - - --- $47,8$9
Less Trade Allowance - -- ------------
----------------- -
With 1 year warranty on parts and labor. - - - -- 45,039
Mr. Shelton read a letter from Darr Equipment Company giving a cash
value of $6,250 for the used maintainer which would give a net price of
$52,725 without the trade allowance, this giving a net discount of $11,715.
Mr. Shelton also advised the Council that Mr. Gann would like to check to
s�e if he could get a better price for the used maintainer.
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After discussion, Councilman Chambers moved, seconded by Council -
ian Heath, to accept the low bid of $52,725 submitted by Darr Equipment
ipany and Mr. Gann be authorized to either sell or trade the used equip -
tt, whichever will be best for the city. Motion carried unanimously.
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Mayor Jones advised the Council that the Soil Conservation Service had
)posed to lease a portion of Lot 4, Block 13, City Addition, (104 X 104)
.ch is city owned property.
c4Mr. Gary Batte, representing the Soil Conservation Office, told the
ncil that they wanted to lease this property for a one year period and
fe ce it for the overnight parking of their vehicles. Mr. Batte read a
1eter from Mr. John Skipper in which Mr. Skipper cited a fair rental
value of $45.00 per month.
After considerable discussion, Mayor Jones appointed Councilmen
Ferguson, Hammett and Anderson as a committee to look at said property
and visit with Mr. Batte and Mr. Shelton, then determine if the City
should get other appraisals on behalf of the city. Consider whether or
not the said appraisal quoted by Mr. Batte is a fair rental value on
this land. Mayor Jones directed the committee to make Mr. Batte aware
of their decision, when reached, so he might check with his office for
approval before the recommendation from the committee comes back to the
Council at the February meeting.
Mayor Jones appointed Councilmen Riggins, Chambers and Irwin as a
committee study, in conjuction with Mr. Shelton, the billing and book-
keeping equip presently being used by the city and the city's needs
in the data processing area.
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City Administrator Shelton advised the Council of the need of
$20C,000 to be applied to the Water Works Improvement Fund. Mr. Shelton
requested authority to borrow the $200,000 from the Stephenville Bank &
Trust Company, the City Depository, at 5.5% interest rather than withdraw
this amount from the Certificates of Deposits which are making 7.5% in
interest.
After some discussi C
man Fe
Bank &
on, ouncilman Anderson moved, seconded by Council -
guson, to authorize Mr. Shelton to borrow $200,000 from Stephenville
Trust Company at 5.5% interest until September 30, 1978, for envil
to the Water Works Improvement Fund expenditures. Motion carried
usly.
137
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Director of Parks & Recreation Ronnie Isham came before the Council
!porting very extensive vandalism in the City Park. Mr. Isham said the
:strooms and concession stands had been severely damaged, with a portion
one of the restroom walls being knocked out. The recreation hall has
en burglarized and all of this is very expensive for the taxpayers.
Isham requested the authority to close the back section of the park
om approximately 10:00 p.m. to 8:00 a.m.
After considerable discussion as how this could be accomplished, Mayor
es suggested that, for the next 30 days, the police will patrol the
k area more often and he and the City Attorney will check with the
as Municipal League as to what legal solutions there might be for this
e vandalism and the the legal ramifications might be in closing public
perty and regarding variable hours for the closing.
Mr. Isham also requested the authority to charge the school system for
use of the city's baseball field.
Mr. Isham explained that for the last 5 or 6 years the high school
eball team has used the park's baseball field with the park employees
ng the work of keeping the field and indications are that they plan to
tinue this arrangement for as long as the school has a baseball pro ram.
said that, due to the cost to the city, he recommended a charge of $50.00
$75.00 per game be made to the Public School System. Mr. Isham also
nted out that the city park program did not require such a large field
this area could be used for another purpose.
After some discussion, Mayor Jones said that as this was not an agenda
it and no action could be taken at this time, he would like for Mr.
Shelton to talk to the school authorities and put this on the February
anon A�
0
City Administrator Shelton advised the Council of an approximate cost
$2,500 to construct a low water crossing on Brenda St. Mr. Shelton
,lained that this. will not eliminate the drainage problem in this area
it will help.
Mr. Shelton said that the whole ditch needs to be cleaned out and the
ci y hopes to do this some time in the future with a Soil Conservation
program, a Manpower program and maybe, some participation from each pro-
perty owner.
After some discussion, Councilman Anderson moved, seconded by Council -
L Irwin, to approve the expenditure of approximately $2,500 for the .
istruction of a low water crossing on Brenda Street and to revise the
lget.to account for the sources of revenue as provided. Motion carried
nimously.
Administrative Assistant Kurt Ackermann presented the following two
cods for the funding of unemployment compensation by the City to be
active January 1, 1978:
(1) The Contributing. Method- -This would require the city to pay a
ta2 of 1% which is levied by the State on the first $6,000 of each em-
pl yee's gross wages, an estimated cost of $5,,500 per year to the city.
(2). Reimbursement Method - -The City would reimburse the State the
amount needed to pay for any claims filed.
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Mr. Ackermann recommended that, due to the low turnover of city
Loyees in the past, the city elect to use the reimbursement
)aying the unemployment compensation for the first two years.
After considerable discussion, Counciman Chambers moved, seconded
,ouncilman Irwin, to adopt the method of contributing for payment of
nployment compensation. Motion carried unanimously.
139
City Administrator Shelton advised the Council that out of three quotes
quested for a new tax map, Wayne Graham was the only one to reply. Mr.
aham quoted a price of $60.00 per page, for approximately 600 pages.
is price good if the city employees (CETA) do the research work at the
urthouse.
Mr. Shelton explained that the 1956 King's map was in dire need of
'ision, but $36,000 was a lot of money. The Mayor and Council was in
iplete agreement with Mr. Shelton as to the need for a new map. Mayor
.es said it was just a question of when the Council wanted to spend the
ey for a new map. Mayor Jones directed Mr. Shelton to check all possible
ns of acquiring a new map and to check with the school and county to see
they would want to participate.
Mr. Jonathan Pray came before the Council protesting the $5.00 delinquent
ge on his December water bill.
Mayor Jones quoted the Council's policy as set out by the Council on
M y 4, 1976, and advised the Council that the question now was whether or
not the Council wants to continue this policy.
After considerable discussion, Councilman Irwin moved, seconded by
Councilman Chambers, that the City continue the policy for collection of
water bills and delinquent charges as set forth in the minutes of the May
4, 1976 council meeting. Motion carried unanimously.
Mayor Jones directed that the initial water billing statements and the
delinquent notices be checked in the light of the present policy and the
City might want to change the language that might be misleading.
Mayor Jones advised the.Council that Hunter & Associates had prepared
a summary on procedures to follow for the filing of plats taken from the
Subdivision Ordinance. Each member of the council had been given.a copy
and Mayor Jones asked that each member take these home for study.
member has any changes, amendments or recommendations to let him kn ow If any
a
we k before the February regular meeting and he would ask Hunter & Associates
to meet with the Council for discussion.
Mayor Jones reminded the Council that the rate ordinance for Warner
Cable TV had been discussed at several previous meetings and brought the
Council up to date on the FCC rulings.
Mr. Carl Chumney, 2325 Northwest Loop, requested permission to speak
to the Council, which was granted.
Mr. Chumney said that for six months he has been trying to get the TV
cable service and so far has been unable to do so. The only answer or
reason he has been given by Warner Cable TV Company is that service is not
available and probably will not be available for another 12 to 18 months.
He (Said he had talked with Mr. Shelton and the Mayor in the hopes that they
might be able to help.
Mayor Jones explained that the present ordinance does not have a mandatory
ision that all persons in the community will receive service, but pro -
y should.
TV
The Council discussed and was in complete agreement that Warner Cable
Company should make the cable service available to all persons in the
community within a reasonable period of time and that, probably, this should
be a provision in the franchise ordinance. Mr. Shelton said he would talk
again with Mr. Randy Grimes, local manager of the Warner Cable TV Company.
After determining that the present franchise ordinance did not expire
until 1984, Mayor Jones read the proposed ordinance amendments as pre -
sen�ed.
(uounciiman Irwin moved, seconded by Councilman Chambers, that the City
Coucil reject the proposed amendment to the Warner Cable TV Company's
rat- ordinance as presented. Motion carried unanimously.
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Councilman Chambers, reporting for the committee, said the committee
Lad met and discussed the sale of E. Sherrill Street to Mr. Dan Malone.
laid committee had found East Sherrill Street is closed and not in use
Lt present time, therefore, the committee deemed said street to be
Lbandoned. In view of the fact that Mr. Malone had donated two acres of
.and to the City, the committee recommends a value of $100.00 be set on
he East Sherrill Street property and it be sold to Mr. Dan Malone for
aid $100.00.
After some discussion, Councilman Chambers moved, seconded by Council -
an Irwin, to sell a portion of E. Sherrill Street, said portion being a
trip 50' wide from the northeast corner of Lot 8, Block 2, Shapard and
addock Addition, to the northwest corner of said Lot and Block to the
iver on the east side for the sum of $100.00 and authorize the con -
eyance of said property to Mr. Dan Malone. Motion carried unanimously.
Mayor Jones reminded the Council that the sale of Morningside Drive
o Mr. John Boucher has been referred to the Planning Commission. When
he Planning Commission makes their recommendations, then the appointed
ommittee will make their determinations and recommendations to the City
ouncil.
Councilman Anderson asked for discussion of the problem of more dogs
nning loose in the city. Mr. Anderson asked Mr. Shelton how much more
ney would be involved if the Animal Control Officer worked the territory
re than he is presently doing. Mr. Andersn said he was getting a lot
re complaints now and he could see there are more dogs running loose
an he thought there should be. He said maybe the Officer needed to
trol more often or maybe he needed a helper, but something certainly
eded to be done to enforce the Leash Law Ordinance we presently have.
Mayor Jones said he was getting a lot more calls now than he had been
several members of the Council commented that they were seeing more
loose.
Mr. Shelton
enforcing th
many warning
Shelton said
lem.
replied that he thought the Animal Control Officer was
e ordinance as strictly as he should. He was giving
notices and not filing as many charges as he should
he would talk to the Chief of Police concerning this
Councilman Chambers submitted his resignation, effective February
1978, Mr. Chambers said that, due to his position with the Town and
untry Bank, which required most of his time and efforts, he did not
el that he could devote the time and effort needed to be an effective
uncilman.
There being no other business to come before the Council, Mayor
s adjourned the meeting at 9:30 p.m.
/./o.4
ORDINANCE DECLARING A PORTION OF EAST SHERRILL STREET RUNNING EASTERLY
FROM ITS INTERSECTION WITH NORTH SHAPHARD AVENUE A DISTANCE OF 237 FEET
ON ITS SOUTH SIDE AND 215 FEET ON ITS NORTH SIDE IN THE CITY OF STEPHENVILLE
IN ERATH COUNTY, TEXAS, TO HAVE BEEN ABANDONED AS A STREET, ORDERING
SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND, AND AUTHORIZING
THE CONVEYANCE OF SAME TO DAN MALONE UPON THE PAYMENT OF THE AMOUNT
FOUND TO BE THE VALUE OF THIS LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That portion of East Sherrill Street described as follows:
All that certain portion of East Sherrill Street located east of
North Shaphard Avenue beginning at east boundary of North Shaphard
Avenue and extending to Bosque River 237 feet on south side of
East Sherrill Street and 215 feet on north side of East Sherrill
Street, and such land being 50 feet in width, as set out on Page
850 of King's 1956 Map of Stephenville, Texas, said map and
dedication thereof recorded in Volume 381, Page 105, Erath County,
Texas, Deed Records;
is hereby declared to have been abandoned for street purposes and said
portion of East Sherrill Street above described is hereby ordered
vacated and closed as a street.
Section Two
That portion of East Sherrill Street hereinabove described is
hereby found by the City Council of Stephenville, Texas, to be of a
value of $100.00. Said amount having been offered by Dan Malone for
that portion of East Sherrill Street above described, it is hereby
ordered and directed that Don Jones, Mayor of the City of Stephenville,
execute a special warranty deed to the said Dan Malone conveying to him
the above described land and such deed shall be delivered to the said
Dan Malone upon the payment by him to the City of Stephenville of said
sum of $100.00.
PASSED AND APPROVED this 3rd day of January, 1978.
Don Jones,-Mayor '
Pemberton, City Secretary
1404
ORDINANCE N0.
AN ORDINANCE SUSPENDIIG THE EFFECTIVE DATE OF PROPOSED REVISIONS
OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 120 DAYS
FROM JANUARY 25s 1978; PROVIDING THAT THE RATES OF SAID PUBLIC
UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION:
AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY.
WHEREAS,, Texas Power 4 Light Company heretofores on December 21s
1977s filed with the City Secretary a Statement of Intent and Petition
for Authority to Change Rates for electric service provided by it
within the corporate limits of the City and proposed that the revised
schedules and rates .become effective on January 25s 1978; and
WHEREAS., the City Council is of the opinion that there is a necessity
to consider a large amount of data in connection with the request
and there is a necessity for public hearings thereon prior to final
determination of the rate requests and consequently that the operation
and effective date of the proposed schedule of rates should be sus-
pended for final determination of the rate request;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF STEPHENVILLEs TEXAS:
Section 1
The effective date of the proposed revision of rates and
schedules of Texas Power & Light Company for electric service with-
in the City, heretofore filed on December 219 1977s is hereby sus-
pended for a period of 120 days from January 25s 1978. The reason
for such suspension is to provide additional time for consideration
of data., for the conduct of public hearings and for final deten9ai.na-
tion of the propriety of the request for a rate increase.
Section 2
The rates of Texas Power & Light Company for electric ser-
vice .within the City in effect on December 21s 1977 shall continue
"in force during the period of suspension as provided in Section 1.
Section 3
The City Secretary is hereby directed, promptly after passage
hereof., to furnish a copy of this Ordinance to Texas Power & Light
Company,
PASSED AND APPROVED this 3 day of s 19751
.
ATTEST:.
C,
.City Secretary