HomeMy WebLinkAbout1977-12-15 - Special City CouncilHMO
SPECIAL SESSION- THURSDAY
DECEMBER 15, 1977 -4:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, CITY OF STEPHENVILLE, TEXAS
The City Council met in Special Session, Thursday, December 15,
1977, at 4:00 p.m. Councilmembers Jim Chambers, W. M. Irwin, Calvin
McGee, Charles Riggins, Raymond Anderson, Ermer Ferguson and Betty
Heath were present. Councilman Larry Hammett was absent.
Others attending the meeting were City Administrator Marhsall
Shelton, Administrative Assistant Kurt Ackermann, Director of Public
Works R. Y. Gann, Assistant City Attorney Randolph Chandler, Tax
Assessor Robert Groves and City Secretary Joyce Pemberton.
Also attending were Mr. Leslie Gandy, Mr. Harold Campbell, Mr.
Leron Satterwhite, Mr. Wylie Stem, Mr. Randy Grimes, Mr. Phillip Fenner,
Mr. J. D. Walker and Mr. Gary Lewallen.
Mayor Pro Tem Chambers, chairing the meeting until Mayor Jones could
be present, called the meeting to order.
Mayor Pro Tem Chambers recognized Mr. Wylie Stem of Warner Cable TV
and advised the Council that Mr. Stem was aware of the fact that the
Council could not take any action on his presentation as this was not an
agenda item.
Mr. Stem came before the Council to present a proposed new rate
franchise and discuss said franchise with the Council and possibly
answer any questions the Council might have.
Mr. Stem explained that the FCC had deleted the requirement that the
City regulate the rates and had made it optional as to whether or not the
City regulates the rates or not.
Mr. Stem cited the company's ability to borrow money at a lower
interest rate as one of the advantages of the deregulation of rates.
Mr. Stem said he did not take the position that the rates would be lower
by the deregulation, but he did not think they would be any higher.
After more discussion, Mayor Jones scheduled said ordinance for
action at the next meeting.
Mayor Jones reminded the Council that, in the previous meeting Mr.
E. M. Thomas, a representative of Prichard & Abbott Tax Appraisal Firm,
who is presently reappraising the personal property taxes of large bus-
inesses and industries for the Stephenville Independent School District,
appeared before the Council with the proposal for said tax appraisal program
for the City. Mr. Thomas had quoted a price of 5C per $100.00 valuation
they determined and presented the Council with a list of firms that the
City Tax Assessor was interested in having appraised.
Tax Assessor Groves recommended that the City Council approve said
proposal.
Mr. Groves, in answer to the Mayor's question of why the City could
not get this information from the School Tax Office cheaper, said he could
get the information and either pay for it or not, but the problem would
be that Pritchard & Abbott would not defend the value that he would put
before the Equalization Board.
School Tax Assessor James Bachus advised the Council that the firm
had picked up $31,000 in taxes for the school at a cost of $3,400. Mr.
Bachus also assured the Council that the City could use their appraisals
of property located within the city limits at no cost.
Councilwoman Heath asked whether or not Mr. Bachus thought the firm
would consider appraisals for the City and school on a cost -share basis
for the appraised property they have in common and each enity pay for the
appraisals they do not have in common. Mr. Bachus said he did not think
they would be receptive to this proposal.
Mayor Jones said it seemed to him they were charging twice for the
same appraisal on property in the city that they were also apparaising
for the school.
After more discussion, Councilman Chambers moved, seconded by Council -
Irwin, that the City Council authorize Mr. Groves to work with the School
Tax Office, if the School Tax Office is receptive to the idea of the City
and School working together on the appraisals the school has from Pritchard
& Abbott, also authorize Mr. Shelton and Mr. Groves to negotiate with the
School as to the cost. Motion carried unanimously.
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Mr. Leslie Gany, Assistant School Superintendent, came before the Council
a different proposal to the Garfield Street drainage project discussed
ie December 6th meeting.
Mr. Gandy proposed, possibly, moving the drainage process from the
�t entirely so as to eliminate their having to do any work on either
.eld or Mulberry Streets. This would bring the drainage around to the
edge of the school's property on Garfield Street and flow the water
their parking lot.
After Mr. Leron Satterwhite had presented and explained a plat of the
proposal described by Mr. Gandy, Mr. Gandy said that the Bosque Soil and
Water Conservation District still required a release of liability fromthe
city and school jointly for the diversion of water onto city streets. The
School District is now requesting a 10' easement to flow water across all
city property.
Mr. Satterwhite said he did not think this diversion of water would
flood the property adjacent on Garfield. The water would be getting to
Terry's Food Store on Frey Steet a little quicker.
!Councilman McGee stated that his main concern was for the property
at the corner of Frey Street and Cain Street to which Mr. Satterwhite
replied that the water would not arrive at the point of concentration
at this intersection quite as quick as it did before the school was con-
structed.
The Mayor and Council discussed the easement and agreed they could
execute the easement, but did have a problem with the statement that
"The'ICity agrees to assume full responsibility for the diversion of
water" Mayor Jones said he did not feel that the Council had the power
and certainly should not assume liabiility on taxpayers that they don't
presently have.
After much discussion, Councilman Chambers moved, seconded by Council-
man Biggins, that the City Council approve the granting of the easement as
prepared and presented to the Council and that the City agrees to execute
a release to the Bosque Soil Conservation District deleting any language
that would assume liability or responsibility on behalf of the City with
the further provision that the School accepts and agrees to assume any
and a�l liability or responsibility resulting from diversion of water to
city property. Motion carried unanimously.
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Councilman Irwin moved, seconded by Councilman Chambers, that the
City Council exercise the option to purchase the R. G. Savage property
December 26, 1977, for the purchase price of $30,000. Motion carried
unanimously.
Mayor Jones directed that an amendment to the budget be prepared,
if needed, and the Council will approve the amendment at the next meeting.
Mayor Jones advised the Council that Gulf States Telephone Company had
proposed to lease 75 feet of city property adjacent to their warehouse on
McCari Street for an employee parking area for a period of 3 to 5 years.
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iyor Jones read a letter from Mr. Dee White in which Mr. White explained
)raisal and method of arriving at a fair rent value of said property.
:ter some discussion, Councilman McGee moved, seconded by Councilman
)n, that the City of Stephenville lease the northerly 75 feet of the
-1y 110.8 feet of Lot 6, Block 12, Shapard and Collins Addition, to
:ates- United Telephone Company for a period of five (5) years at the
anded lease price of $66.00 per month with the provision that if a
:nt structure is erected on said premises at the end of the lease
it reverts to the control of the City of Stephenville.. Motion carried
�usly.
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Mayor Jones reminded the Council that in the December 6th meeting
had discussed closing and selling a portion of Morningside Drive
Tr. John Boucher. Since that meeting, City Attorney Chandler had
m the legal opinion that, under Article 5421c -12, "Land owned by
City other than narrow strips, including land in streets or alleys
tot be sold to any person other than abutting property owners of
I without publication of a notice in the paper for two consecutive
:s, fourteen days prior to negotiations for any such sale." Said
:ute would be applicable in this case and would overrule the City,
'ter.
Councilman Riggins reported that he had not called a meeting of the
ttee as he was waiting for this legal opinion, therefore, the committee
nted to investigate said sale of property does not have a recommendation.
City Administrator Shelton advised the Council that the Planning
Con
nission had requested that they be notified of the legal opinion on
thi matter and that they would like the opportunity to review the sale
and /or closing of any of the streets or alleys within the city.
Mayor Jones, with the consent of the Council, deferred this back to
the previously appointed committee and directed that if they reached a
decision to inform the Planning Commission of said decision for their
consideration.
Councilwoman Heath, reporting on the sale of E. Sherrill Street to
Mr. Dan Malone, advised the Council that Mr. Malone had indicated he
planned to erect apartment houses on this property that would abut onto
the river. He does not plan to put a resturant on this property and the
Council is now waiting for the recommendation of the committee.
Mayor Jones suggested that when the committee reaches a decision to
check with Mr. Malone to see if he will accept their decision before
bringing it to the Council at the next meeting. The committee is to
mak the determination of whether or not to sell the property and if so
the procedure to follow.
Mayor Jones directed that someone work up some proposals for pro-
cedures to be utilized when the request for a lease or sale of city
own d property is made. Said proposals to be coordinated with the state
statutes and City Charter.
utilCouncilman McGee asked if the City had accepted the streets and
ities in the Tanglewood West and River North Subdivisions. City
Administrator Shelton deferred the question to Director of Public Works
R. Gann.
Mr. Gann replied there had been no final acceptance of the streets,
curls and gutters or utilities by the city in the River North or Tangle -
wooc Subdivisions. Mr. Gann said that building permits had been issued
on', he strength of what had been done.
After considerable discussion between the Council, Mr. Shelton and
Mr.'' Gann regarding the time frame of when to start issuing building
per its and when to get the Maintenance Bonds and As Built P1ans.in the
new, subdivisions.
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Councilwoman Heath asked for discussion on the County's participation
in he purchase of a new ambulance. Mrs. Heath said that, at this time,
the County had not found the funds for their share of the ambulance cost.
Mrs'. Heath requested that the Mayor appoint a committee to, work with the
County on this matter.
Mr. Shelton advised the Council that he had been notified that the
Trinity Emergency Medical Services would contribute $5,000.19 toward the
purghase of an ambulance. Also that he and Fire Marshall Haley had visited
with the County Commissioners with regards to the new ambulance and were
told that the Commissioners were still looking for the money, but they
did' of say yes or no as to their participation.
After considerable discussion, the Council was in unanimous agree -
men that the City should order the ambulance within the bid time and if
thel "City has not received the County's proportioned share by the time
payment is due that the City not provide ambulance service outside the
city, limits.
autCouncilman Chambers moved, seconded by Councilwoman Heath, to
horize Mr. Shelton to order the ambulance within the time period listed
on1the bid. Motion carried unanimously.
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Councilman Irwin moved, seconded by Councilman Chambers, that the City
i1 approve the funds for the purchase of boxes of fruit for all city
yees for Christmas. Motion carried by the following vote:
AYES: Councilmen Chambers, Irwin, McGee, Riggins, Anderson and Ferguson.
NOES: Councilwoman Heath.
ABSENT: Councilman Hammett
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Councilman Chambers asked about the ramps for the handicapped. Mr.
Shelton replied that it was just a matter of him staying after the contractor
to get them built. Mr. Chambers said that he had been advised that the one
at the recreation hall and the ones on the streets downtown were not adequate.
Mr. Shelton said he would check this out.
There being no other business, the meeting adjourned at 6:00 p.m.
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