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HomeMy WebLinkAbout1999-08-03 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, AUGUST 3,1999 – 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on August 3, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Mayor Pro -Tem Council members Others Attending I. CALL TO ORDER John Moser Barbara Terrell Ed Horton (tardy) Joel Hillin Marshall Shelton Bill Corbin Rusty Jergins Bea Mann Wm. H. Stanley (tardy) Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor John Moser called the meeting of the Stephenville City Council to order at 5:30 p.m. on Tuesday, August 3, 1999. Mayor Moser declared a quorum present. II. CITIZENS' GENERAL DISCUSSION No one addressed the council. III. CROSS TIMBERS FINE ARTS COUNCIL ANNUAL REPORT— Debbie Reynolds Debbie Reynolds, Executive Director of the Cross Timbers Fine Arts Council, reviewed some of events, which highlighted the past year. Specifically, she mentioned productions of "The Little Princess ", Fort Worth Chamber Orchestra youth concert, Van Clibum Silver Medalist Recital, and "Messiah ". The 1999 -2000 General Business Meeting — August 3, 1999 Stephenville City Council 347 fiscal year will feature "Young King Arthur" by the Dallas Children's Theater; "Nutcracker ", Austin Ballet; Moosic in the Park, which will celebrate the 20' anniversary of the Cross Timbers Fine Arts Council; and the Huntington Brass Quintet which will begin their residency this month. Reynolds explained the reason for the increase in the budget amount from the current year to next year's budget. The two main reasons are 1) expenses incurred with the Huntington Brass Quintet and 2) increase in staff position from 15 hours as week to full time. IV. CONSIDER REQUEST FOR REBATE BY ELAINE HUNTER HAMMETT City Attorney Randy Thomas reported that he has discussed this matter with Gale Warren, attorney for Mr. and Mrs. Hammett. The City Attorney and appropriate staff persons are willing to sit down with the Hammetts and Gale Warren in an effort to resolve this matter. Gale Warren presented the council with a packet of information on this subject and addressed the council. He outlined the series of events which has led to this request. Mrs. Hammett (formerly Mrs. Hunter) owned what was known as the Hunter Mobile Home Park by the airport. The process for the acquisition of property for the airport expansion included the purchase by the city of their home. Warren stated that this transaction has been amicably resolved. However, there is still some confusion over the sewer rates, which had been charged for the mobile home park. Warren stated the Hammetts were paying a flat monthly rate of approximately $450. As acquisition of property progressed, the occupancy of mobile homes in the Hammett's park declined considerably, yet the flat monthly rate for sewer service remained the same. Warren stated that city staff represented to the Hammetts that adjustments would be made in the sewer charge, and that is the relief they are requesting. Warren said the Hammetts maintain that the city owes them approximately $1,100.00. Randy Thomas advised that he will report back to the council at a future date. V. FINANCE COMMITTEE REPORT A. Hotel/Motel Tax Policy Council member Shelton made the report of this committee meeting. He stated that Rick Murphy, Chamber Executive Director, met with this committee and shared some ideas for possible uses for hotel /motel tax. The committee will continue to study this policy. Don Davis added that representatives from the Chamber of Commerce are to get back with city staff some time in November with some recommendations. Davis also General Business Meeting— August 3, 1999 Stephenville City Council M101 A. reminded the council that the previously adopted moratorium on hotel/motel tax is still in effect, and there will not be any more applications or proposed uses for the discretionary money. B. Consultant for Water and Sewer Rate Study Shelton reported that the committee is recommending no change to the rate structure. He stated that if present rates are maintained, the staff is capable of fixing the rates as in the past. The present rate structure is a "flat line ", and the unit cost (dollars per thousand gallons) is the same. VI. PUBLIC HEALTH AND SAFETY COMMITTEE REPORT Council member Mann made this report. Concerning the ambulance and emergency medical services ordinance, she said that this would provide a means whereby the city would have some control in determining the quality and level of these services to the public and would protect the city's interest as the primary provider of emergency medical service within the city. She added that the council should consider this as a policy and take action on an ordinance adopting this policy at its next meeting. A.. Consider Ordinance Regulating Ambulance and Emergency Medical Services MOTION by Bea Marin, second by Rusty Jergins, to approve the policy regulating ambulance and emergency medical services. MOTION CARRIED by unanimous vote. B. Consider Contract with Office of the Attorney General Relating to c_ rime victims' Services MOTION by Rusty Jergins, second by Bea Marin, to approve Contract No. 335, State of Texas Interlocal Cooperation Contract (attached). MOTION CARRIED by unam mous vote. C. Consider Ordinances Confirming Speed Zones on US Business 377 and FM 8 MOTION by Bea Marin, second by Barbara Terrell, to adopt Ordinance No. 1999 -20 and Ordinance No. 1999 -21. MOTION CARRIED by unanimous vote. General Business Meeting— August 3, 1999 Stephenville City Council 349 VII. PLANNING AND DEVELOPMENT COMMITTEE REPORT A. Landscape Ordinance Council member Jergins made this report, reminding the council that the Landscape Ordinance had been referred to this committee. He also noted that the Planning and Zoning Commission had worked on this proposed ordinance for a number of years, and commission members had attended the committee meeting to answer questions regarding this ordinance. The committee considered several alternatives to the ordinance and asked staff to look at it in relation to lot size. Additional work is required on this subject, and the committee will report to the council at a later date. B. Operation Facelift Jergins stated that staff presented two options together with an annual operating budget and a capital outlay budget for vehicles and equipment. Jergins reported that Operation Facelift will be included as a new program for budget consideration. VIII. CONSIDER CONTRACTS WITH ERATH COUNTY A. Emergency Medical Services MOTION by Bea Marin, second by Rusty Jergins, to approve the contract with Erath County for emergency medical services (attached). MOTION CARRIED by unanimous vote. B. Fire Suppression MOTION by Bea Marin, second by Bill Corbin, to approve the contract with Erath County for fire suppression (attached). MOTION CARRIED by unanimous vote. MOTION by Rusty Jergins, second by Barbara Terrell, to approve the Consent Agenda as follows: IX. CONSENT AGENDA Approval of Minutes 1. Regular Business Meeting on July 6,1999 2. Special Council Meeting on July 20,1999 MOTION CARRIED by unanimous roll call vote. General Business Meeting— August 3, 1999 Stephenville City Council 350 X. CITY ADMINISTRATOR'S REPORT • West Side Development Project Davis reported that this project is on schedule. All utilities have been installed and tested. • Y2K Mark Kaiser, Director of Finance, reported on the computer replacement program. Training on the SCADA (water monitoring system) has been completed. Finance and administration software and hardware has been installed and training completed. The AS400 which runs the police software and maintains those records is scheduled to be replaced next week. At that time, we should be ready to go through the exercise of trying to "crash" the system to simulate what might happen following midnight on December 31, 1999. Exercises for this could begin in early September. • Brittain Circle The main has been completed on the Brittain Circle sewer line, and work is expected to begin on the street soon. • Water Production Danny Johnson, Director of Utilities, reported that we have not had to initiate Stage 2 of the Drought Contingency Plan. Water Production reached 4 million gallons per day on four days in a row. Stage 2 will go into effect when water production reaches 4 million gallons per day for five consecutive days. Johnson reported that the two best wells in our system — Taylor South and Huey II —are down. • Building Permits Betty Chew, Director of Community Development, reported for the period from January 1, 1999 through July, 1999. At present, there is a total of $989,000 in residential new construction permits and remodeling, which is up $54,000 from last year. Commercial permits for this period total $6,200,000 (includes renovations to high school, Chamberlin and Central Elementary schools for $5 million) compared to $11,300,000 last (included the new junior high school building for $10,200). New taxable improvements total approximately $1,100,000. Projecting that out for residential and commercial construction, we should have approximately $3,700,000 of new improvements permitted through the end of this calendar year. General Business Meeting— August 3, 1999 Stephenville City Council 351 Some of the projects which have been completed or are in progress include McDonald's, Rayloc, Sonic, Cotton Patch Restaurant, Texan Quik Stop Convenience Store, Wal -Mart, Dunlaps, and H -E -B. Chew also reported that single - family construction costs average approximately $60.00 per square foot. She stated that this is consistent with other cities in our area of comparable size. Council member Jergins stated for the record that he wanted to again recognize and commend Marc McEndree, Resident Engineer with Texas Department of Transportation, Mayor Moser, and Don Davis for their efforts in getting the Harbin Drive extension open to the public. XI. EXECUTIVE SESSION. At 6:35 p.m., Mayor Moser recessed the open portion of the meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.072 Deliberate the purchase, exchange, lease, or value of real property and Sec. 551.071 Consultations with Attorney. A. Claim of Mike and Cheryl Longley B. Lot 7, Block 132, City Addition, City of Stephenville C. Lot 3, Block 129, City Addition, City of Stephenville At 6:50 p.m., the council reconvened into open session. XII. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION (if necessary) No action was taken by the council. XIII. AJOURN MOTION by Rusty Jergins, seconded by Bea Mario, to adjourn the meeting. Motion carried by unanimous approval at 6:51 04 v J# Moser, Mayor 1. IN, , Cr'�L. v�i.�•is� A General Business Meeting— August 3, 1999 Stephenville City Council 3 5' RECEIVED AUG 18 1999 STATE OF TEXAS OEPUTYATTORNEYGENERA L FOR CRIYINALJUSTICE OFFICE OFATTORNEY GENERAL INTERLOCAL COOPERATION CONTRACT County of Travis Contract Number: 335 This contract is entered into by and between the State agency and the local political subdivision shown below as Contracting Parties, pursuant to the provisions of "The Interlocal Cooperation Act," Texas Government Code, Section 791.001 et seq. I. CONTRACTING PARTIES The Receiving Party: The Office of the Attorney General The Performing Party: Stephenville PD II. AUTHORITY The Parties acknowledged that this agreement is made pursuant to authority granted to the Receiving Party by the Code of Criminal Procedure, Sections 56.54(b) and 56.541(e), and by the appropriations provided to the Receiving Party in the General Appropriations Act, H.B. 1, 75' Leg., Reg. Sess. (1997), and to the Performing Party by Government Code, Sections 791.003(3) and 791.011. III. STATEMENT OF SERVICES TO BE (1) The Receiving Party hereby agrees to provide the identified computer and/or associated office equipment listed in Exhibit A hereto to the Performing Party and the Performing Party hereby agrees to accept the identified computer and/or associated office equipment for crime victim- related purposes, including assisting in the administration of claims for compensation that are submitted to the Receiving Party by persons pursuant to the "Crime Victims' Compensation Act," Code of Criminal Procedure, Chapter 56, Subchapter B. (2) The Performing Party agrees to use the identified computer and/or associated office equipment provided pursuant to this contract for crime victim- related purposes, including providing status reports on claims to persons filing claims for compensation under the "Crime Victims' Compensation Act" and faxing relevant police reports or other information or documents to the Receiving Party that are necessary to verify the claims filed by persons under the act. 3 5' "s If the Performing Parry is a prosecutor or a law enforcement agency, the Performing Party may use the identified computer and/or associated office equipment for the purposes of complying with the statutory and constitutional duties imposed on the office of prosecutor or law enforcement agency, which include, but are not limited to, the drafting of pleadings or other legal documents and use in necessary general office administrative tasks, as they relate to crime victim - related services and assistance. These duties include addressing the rights and services for victims outlined in Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code. In addition, with respect to all Performing Parties, the identified computer and/or associated office equipment may be used to fulfill any requirements or assist with a program related to a federal, state, or local grant for victim services, such as a Federal Victims of Crime Act grant, a Federal Violence Against Women Act grant, or a Federal Centers for Disease Control grant. IV. ADDITIONAL TERMS (1) The Contracting Parties expressly understand and acknowledge that the Receiving Party retains title to the identified computer and/or associated office equipment provided by the Receiving Party to the Performing Party pursuant to this contract. The Receiving Party hereby agrees to pay for the shipping costs of the identified computer and/or associated office equipment incurred for shipping both to and from the Performing Party. (2) The Performing Party agrees to use the identified computer and/or associated office equipment for the purposes of assisting in the administration of the "Crime Victims' Compensation Act" and for other victim - related purposes. The identified computer and/or associated office equipment can be used to assist or respond to requests from the Texas Crime Victims' Institute and the Texas Crime Victims Clearinghouse. Any use of the identified computer and/or associated office equipment that can be linked to providing services or referrals to victims and survivors, or their family members or guardians, is permissible. The use of the Internet, a wide area network (WAN), and/or modem, and any accompanying necessary software, including electronic mail software, to link to other agencies or sites to advance victim services is permissible. The Performing Party hereby agrees to refrain from using the identified computer and/or associated office equipment provided pursuant to this contract in any unlawful way or for personal purposes. (3) In the event that the Performing Party uses the identified computer and/or associated office equipment in violation of this agreement, the Receiving Party shall notify the Performing Parry and, at the Receiving Party's sole discretion, may require the Performing Party to return the identified computer and/or associated office equipment to the Receiving Parry. (4) The Performing Party shall provide at its expense adequate office space, adequate electrical outlets, and an adequate number of telephone lines necessary to permit the proper use of the identified computer and/or associated office equipment identified in Appendix A, which is hereby incorporated by reference in this contract. (5) The Performing Party hereby agrees to be liable for any and all damage to the identified computer and/or associated office equipment, as provided in Appendix A. (6) The Performing Party hereby agrees to report the theft or damage of any identified computer and/or associated office equipment provided pursuant to this contract to local law enforcement agencies. In addition, the Performing Party hereby agrees to report, both by telephone 2 354 and in writing, the theft or damage of any identified computer and/or associated office equipment provided pursuant this contract to the Receiving Parry within 24 hours of the theft or damage. In the event of theft or damage, the Performing Parry hereby agrees to contact the following office of the Receiving Parry: Director -- Internal Security Division Office of the Attorney General P. O. Box 12548 Austin, Texas 78711 -2548 (512) 475 -3385 (Telephone) (512) 320 -8775 (Fax) (7) The Performing Party hereby agrees to provide to the Receiving Party the name, physical address, and telephone number of one employee of the Performing Party as a contact person whom the Receiving Party shall contact regarding any matter involving the identified computer and/or associated office equipment provided by the Receiving Parry to the Performing Party. In the event that the name, physical address, or telephone number of the contact person of the Performing Party changes, the Performing Parry agrees to provide the new name, new physical address, or new telephone number to the Receiving Parry within 5 working days. (8) Before the computer is shipped by the Receiving Party to the Performing Party, the Performing Parry hereby agrees to provide to the Receiving Party the name, physical address, telephone number, "login" name, and password of each employee ofthe Performing Party whom the Performing Parry will permit access to the identified computer and/or associated office equipment. The Performing Party hereby agrees to provide within 20 days of the change the name, physical address, telephone number, "login" name, and password of each additional or new employee of the Performing Parry whom the Performing Parry will permit access to the identified computer and/or associated office equipment. The Performing Party further agrees to "login" on the computer at least once every month. (9) The Performing Party hereby agrees to provide to the Receiving Party the physical address and actual location of each item of the identified computer and/or associated office equipment, as well as the telephone number of the computer modem, that the Receiving Parry provides to the Performing Party pursuant to this contract. In the event that the physical address or actual location of each item of the identified computer and/or associated office equipment or the telephone number of the computer modem is changed, the Performing Party agrees to provide the new physical address or new actual location to the Receiving Party within 5 working days. (10) The Receiving Party and the Performing Party acknowledge that the Receiving Party shall have all reasonable rights of access to verify the existence, location, and condition of each item of the identified computer and/or associated office equipment provided by the Receiving Party to the Performing Party. The Contracting Parties hereby agree that "all reasonable rights of access" means "at any time during the normal working day." (11) The Receiving Party and the Performing Party acknowledge that the State Auditor and the employees or agents of the State Auditor shall have all reasonable rights of access to verify the existence, location, and condition of each item of the identified computer and/or associated office equipment provided by the Receiving Party to the Performing Party. Kl 355 (12) The Performing Party hereby acknowledges that Receiving Party is under no obligation to provide technical assistance to the Performing Party regarding the proper use of the identified computer and/or associated office equipment provided by the Receiving Party to the Performing Party. However, the Receiving Party agrees to provide technical assistance in regional workshops relating to victim assistance and use of the identified computer and/or associated office equipment, including the Receiving Party's online Crime Victims' Compensation program. In addition, the Performing Party hereby agrees to sign up with and use the Receiving Party's online Crime Victims' Information program. The Receiving Party acknowledges that these computers are shipped with a working image of the software listed in Paragraph (14), configured with proper drivers and necessary settings for the Windows 95 environment and related hardware. Any software changes made by the Performing Party to the computer including, but not limited to, the addition of software for Internet connectivity and/or communication software for modem connectivity may cause functional problems with the computer and possibly cause the computer to cease functioning. As a result, the Performing Party would be responsible for making arrangements for repairs and be responsible for any incurred cost. The Receiving Party will maintain the original "disk image" with which the computer was shipped to the Performing Party and can restore it to that condition, but will not be responsible for any changes made to the computer after it was installed at the Receiving Party's site. The Performing Party will also be responsible for any additional telephone or long distance changes caused by Internet connectivity and dial -in to other agencies. (13) The Performing Parry agrees that it will permit no copying of software installed on the identified computer and/or associated office equipment provided by the Receiving Party to the Performing Party and will abide by the terms of each licensing agreement involved in the purchase or use of each application of software installed on the identified computer and/or associated office equipment subject to this contract. (14) The Receiving Party hereby acknowledges that the identified computer and/or office equipment will be delivered with the following software already installed: Microsoft Windows 95, Corel Professional Suite, and Wanderlink 2.20 (Funk Software). The Performing Parry hereby further agrees that it will consult with the Director of the Crime Victims' Compensation Division prior to the installation of any software or software upgrades related to duties performed pursuant to this contract not expressly authorized herein in order to ensure compatibility. The Performing Party will pay for the purchase of all additional software and software upgrades and the installation of all approved software and all software upgrades for the identified computer and/or associated office equipment, if required by the Receiving Party. (15) The Receiving Parry acknowledges that the computers, monitors, and keyboard equipment are subject to a vendor on -site maintenance agreement, which expires August 31, 2000. All repairs and maintenance to the computers, monitors, and keyboards after August 31, 2000 until the date on which this contract ends will be the responsibility of and at the expense ofthe Performing Party. From the date of receipt, repairs to fax machines or printers will be the responsibility and at the expense of the Performing Parry. If the Performing Party is not self - insured, it agrees to purchase property and casualty insurance on the identified computer equipment, as required by the Receiving Party. If the Performing Party is self - insured, it must provide a notarized letter so stating and mail to the address set forth in Paragraph 6 of this section. If the Performing Parry is not self - insured, it 0616! must mail a copy of its property and casualty insurance policy to the address set forth in Paragraph 6 of this section. (16) In order that the Receiving Party may comply with property management inventory requirements imposed by state law, the Performing Party hereby agrees to submit within 5 working days to the Receiving Party any and all inventory reports required by the Receiving Party. (17) In order that the Receiving Parry may comply with restrictions on computer use imposed by the Department of Information Resources, the Performing Party hereby agrees to abide by all the terms of any security agreement regarding user "I.D.s" as required by the Receiving Party and the Department of Information Resources. (18) The Receiving Party and the Performing Party agree that this contract may be amended by the written agreement of both parties. (19) The amendment or invalidation of any part of this contract will not serve to amend, invalidate, or abrogate any other part of this contract. (20) The Receiving Party will provide computer and/or associated office equipment that is Year 2000 Project compliant. V. CONTRACT AMOUNT The Receiving Party shall reimburse the Performing Party for the services rendered from the date in state fiscal year 1999 on which this contract is entered into in the form of the use of the identified computer and/or associated office equipment for the uses specified in this contract. VI. TERM OF THE CONTRACT This contract is to begin on , and shall terminate August 31, 2003, and may be terminated upon thirty calendar days written notice by either party. VII. VENUE Venue for all actions brought under this contract shall be in Travis County, Texas. VIII. CERTIFICATIONS The undersigned Contracting Parties do hereby certify that (1) the services specified above are necessary and authorized; (2) this Contract is not prohibited by TEx. Gov'T CODE ANN. Section 771.003, Subsections (b) or (c); and (3) the services provided herein do not constitute information resources technologies and are not subject to TEx. Gov'T CODE ANN. Section 2054.001 et seq. 5 357 The undersigned parties bind themselves to the faithful performance of this contract. RECEIVING PARTY The Office of the Attorney General By: Sha4Phelps Deputy Attorney General for Criminal Justice Date: _ �2 (N7 PERFORMING PARTY CITY OF STEPHENVILLE 6 Date: August 3, 1999 358 Appendix A. Office of the Attorney General State of Texas 'ACKNOWLEDGMENT OF RECEIPT OF PERSONAL COMPUTER EQUIPMENT I, (/�na✓ `1L' , personally acknowledge that I have received the following equipment on this day Jin cl rl Lu j 4 14hai k& 19 q9 Computer: IBM 365 (Inventory # q5 5 (cf , serial # R3 P$ F q� Printer: HP Laserjet SM (Invento ry # Y38ao +serial #US,Coogg38 Fax Machine: Muratec F -120 (Inventory # y3 y6 O , serial # q- 0 049 6319 � I acknowledge that the above- described equipment has been installed at: Address: 351v Al. Belknap Room# KQCOrds City: -when V1, de State: 73x. Zip: 710`/0/ I agree to accept responsibility for security and protection of the above - described equipment. If any of the equipment requires maintenance or if any of the equipment must be moved from the location of installation, I will contact Property Management of the Office of the Attorney General. I agree to restrict the use of the above - described equipment as described in the "Inter -local Cooperation Contract." I recognize that the Office of the Attorney General shall retain legal title to the above - described equipment. I agree to follow the requirements set out in the contract. G V07,2 S 955 35.9 AGREEMENT FOR EMERGENCY MEDICAL SERVICES BETWEEN ERATH COUNTY AND CITY OF STEPHENVILLE This is an agreement for Emergency Medical Services between ERATH COUNTY, TEXAS (hereinafter referred to as COUNTY) and the CITY OF STEPHENVILLE (hereinafter referred to as CITY), each acting herein by and through its duly authorized officials. For and in consideration of the mutual benefits stated herein, the parties hereto agree to the following terms and conditions: CITY agrees to assume primary responsibility for Emergency Medical Services for the area within the boundaries of Erath County, Texas, except for the area in the county within the Dublin telephone exchange, said area to be the primary responsibility of Dublin Emergency Medical Services. CITY shall dispatch the number of Emergency Medical Service units to each incident as it deems appropriate on a case -by -case basis and completely at CITY's discretion. CITY shall immediately notify COUNTY through its Sheriff's office of each Emergency Medical Service incident to which it dispatches EMS units. All of CITY s actions hereunder shall be performed in a reasonable and professional manner. COUNTY agrees to pay CITY for Emergency Medical Service runs based on the following schedule: Fiscal year 1999 -2000 $200.00 per run Fiscal year 2000 -2001 Cost to be adjusted by the consumer price index The above amounts shall be payable each month as billed. Each payment shall be made within fifteen (15) days of notification of such amount for each month that this agreement is in effect. In addition to the above amount, CITY shall have the right to bill the individual patient for each Emergency Medical Service run and to retain any collections for said runs. CITY will discount the County's fee by $50.00 for those EMS runs when there is no transport of a patient. CITY agrees to charge the same Emergency Medical Service base rate to city and county residents. This agreement shall be extended from fiscal year to fiscal year after the fiscal year 2000 -2001 upon the terms for fiscal year 2000 -2001 unless one of the parties hereto cancels this agreement by giving the other party written notice of intent to cancel at least ninety (90) days before the beginning of an extension year. EMS Contract — Page I- 360 To the extent allowed by law, each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. It is expressly understood and agreed that in the execution of this agreement, neither COUNTY nor CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the execution of governmental powers and functions. Any amendments, alterations, deletions, or waiver of provisions of this agreement shall be valid only when expressed in writing. Except as otherwise provided in this agreement, all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested to the party's office or usual mailing address. This agreement shall be binding upon the parties, their legal representatives, successors, and assigns. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the agreement. EXECUTED this 23rd day of August, 1999. EMS Contract — Page 2 361 CITY OF STEPHENVILLE 298 West Washington Stephenville, Texas 76401 OF S,r» \ 1VIoser, Mayor ATTEST: rn ( LAJ11 S O>a 9 0 Cindy L. S ord, Cit Secret P 0 R EMS Contract — Page 2 361 COUNTY OF ERATH 100 West Washington Stephenville, Texas 76401 ByL Tab Thompson-, Cou Judge ATTEST: Gwenda Jones, County Clerk STATE OF TEXAS COUNTY OF ERATH This instrument was acknowledged before me on August 23, 1999, by JOHN MOSER, Mayor of the Cit of Ste oration, on behalf of said corporation. s0� " "�� SHELLEYSORRELLS NOTARY PUBLIC '" � STATE OF TEXAS ��FOF �+ My Commission Expires O6- 24.2003 1 (1 � Fl� , Notary Public, S to of Texas STATE OF TEXAS COUNTY OF ERATH : This instrument was acknowledged before me on 1999, by TAB THOMPSON, County Judge of Erath County. =0" A °Oe� PAMELA BETHEA �C7 NOTARY PUBLIC STATE OF TEXAS FOFIF" My Commission Expires o5- 24.2003 EMS Contract —Page 3 Notary Public, State of Texas 362 ORDINANCE NO. 1999-20 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $500.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 67011), Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Mile Point 19.080, east 1.803 miles to Mile Point 20.883, zoned at 40 MPH Mile Point 20.883, east 0.757 miles to Mile Point 21.640, zoned at 50 MPH. Section Two Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than five- hundred ($500.00) dollars. 363 This ordinance modifies previous ordinances pertaining to the above referenced highway. PASSED AND APPROVED this 3d day of August, 1999. Moser, Mayor ATTEST Cindy L. S00ord, City Ser ry —&xod �§ &� Reviewed by Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney 3-64 ORDINANCE NO. 1999 -21 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $500.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 67011), Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Mile Point 0.000, east 0.956 miles to Mile Point 0.956, zoned at 40 MPH Mile Point 0.956, east 1.461 miles to Mile Point 2.417, zoned at 30 MPH Mile Point 2.417, east 0.492 miles to Mile Point 2.909, zoned at 40 MPH Mile Point 2.909, east 0.310 miles to Mile Point 3.219, zoned at 50 MPH. School Zone Mile Point 1.517, east 0.252 miles to Mile Point 1.769, zoned 20 MPH WHEN FLASHING, 30 MPH ALL OTHER TIMES. 365 Section Two Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than five- hundred ($500.00) dollars. This ordinance modifies previous ordinances pertaining to the above referenced highway. PASSED AND APPROVED this 1' day of August, 1999. J . Moser, Mayor ATTEST: Cindy L. �• �'I ILL " Reviewed by D...: City Administrator <Zs��D Approved as to form and legality Randy Thomas, City Attorney 366 AGREEMENT FOR FIRE SUPPRESSION BETWEEN ERATH COUNTY AND CITY OF STEPHENVILLE This is an agreement for Fire Suppression between ERATH COUNTY, TEXAS (hereinafter referred to as COUNTY) and the CITY OF STEPHENVILLE (hereinafter referred to as CITY), each acting herein by and through its duly authorized officials. For and in consideration of the mutual benefits stated herein, the parties hereto agree to the following terms and conditions: CITY agrees to assume primary responsibility for fire suppression for the area within the boundaries of Erath County, Texas, except for the area in the county within the Dublin telephone exchange, said area to be the primary responsibility of Dublin Fire Department. CITY shall dispatch the number of fire units to each fire incident as it deems appropriate on a case -by -case basis and completely at CITY s discretion. CITY shall utilize professional and volunteer firefighters as it deems appropriate, at its discretion. CITY shall immediately notify COUNTY through its Sheriffs office of each fire incident to which it dispatches fire units. All of CITY's actions hereunder shall be performed in a reasonable and professional manner. COUNTY agrees to pay CITY for fire suppression services based on the following schedule: Fiscal year 1999 -2000 $134,250.00 Fiscal year 2000 -2001 Cost to be adjusted by the consumer price index. The above amounts shall be payable in equal monthly installments. Each payment shall be made on or before the fifteenth day of each month that this agreement is in effect. This agreement shall be extended from fiscal year to fiscal year after the fiscal year 2000 -2001 upon the terms for fiscal year 2000 -2001 unless one of the parties hereto cancels this agreement by giving the other party written notice of intent to cancel at least ninety (90) days before the beginning of an extension year. To the extent allowed by law, each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. It is expressly understood and agreed that in the execution of this agreement, neither COUNTY nor CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the execution of governmental powers and functions. Fire Suppression — Page 1 367 Any amendments, alterations, deletions, or waiver of provisions of this agreement shall be valid only when expressed in writing. Except as otherwise provided in this agreement, all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested to the party's office or usual mailing address. This agreement shall be binding upon the parties, their legal representatives, successors, and assigns. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the agreement. , EXECUTED this d ay of , 1999. CITY OF STEPHENVILLE 298 West Washington Stgpkenville, Texas 76401 11011 111,,,,, ATTEST: Cindy L. St ord, Cit/Secret&V R P ATTEST: 442-1� 9L214' Gwenda Jones, C&6ity Clerk Fire Suppression — Page 2 COUNTY OF ERATH 100 West Washington Stephenville, Texas 76401 By Y Thom. son, County Judge \ • i STATE OF TEXAS COUNTY OF ERATH This instrument was acknowledged before me on August 23, 1999, by JOHN MOSER, Mayor of the City of Stephenville, a municipal corporation, on behalf of said corporation. 9:M SORRELLS PUBLIC F TEXAS pires 06 -24 -2003 Notary Public, \ to of Texas STATE OF TEXAS COUNTY OF ERATH : This instrument was acknowledged before me o st �, 1999, by TAB THOMPSON, County Judge of Erath County. La�'j t " Notary Public, State of Texas IS PAMELA BETHEA NOTARY PUBLIC My Commission STATE =05-24-2j0033 Expires Fire Suppression —Page 3 361