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HomeMy WebLinkAbout1999-08-17 - Special City CouncilMINUTES OF SPECIAL MEETING City of Stephenville - City Council TUESDAY, AUGUST 17,1999 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on Tuesday, August 17, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, 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: Councilmembers Absent: Others Attending: I. CALL TO ORDER John Moser Barbara Terrell Ed Horton (tardy) Marshall Shelton Joel Hillin Bea Marin Rusty Jergins (tardy) Wm. H. (Bill) Stanley Bill Corbin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor John Moser called the special meeting of the Stephenville City Council to order at 5:30 p.m. on Tuesday, August 17, 1999. Mayor Moser declared a quorum present. II. PUBLIC HEARING TO CONSIDER APPROVING THE ISSUANCE OF BONDS BY BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION TO FINANCE AN INDEPENDENT LIVING RETIREMENT CENTER City Administrator Don Davis introduced the agenda item. He reminded the council that they previously approved a rezoning request by F.H.C. Development Corporation, an affiliate of Foster's Home for Children, to rezone property to allow for the construction of a retirement center. This property is adjacent to property owned by Foster's Home on North Graham Street. They are now looking to finance this development through the issuance of tax exempt bonds. These bonds are being funded through Bell County Health Facilities Development Corporation. August 17, 1999 - Minutes of Special Meeting 370 Davis reported that City Attorney Randy Thomas has reviewed all documents and has determined that there is no financial liability to the City of Stephenville. Mayor Moser opened the public hearing. Speaking in Favor of the Issue: Eugene Boone, President of Foster's Home for Children and Chairman of the Board of the F.H.C. Development Corporation, spoke for this matter. He told the council that a 90 -unit independent living retirement center is being proposed, which will be located at 1745 North Graham Street. Dan Pleitz, from Waco, Texas, bond attorney for F.H.C. Development Corporation, thanked the council for its consideration of this matter. He explained the reason for bringing this to the council: 1) federal tax law requires holding a public hearing in the area where the facility will be built, and 2) provisions of the State of Texas Health and Safety Code require a public hearing. Pleitz also emphasized that there is "absolutely no liability for the city [Stephenville] whatsoever in regard to these bonds or this transaction". Richard Alderfer, member of the Board of Directors of Foster's Home for Children, asked the council to favorably consider this request. Speaking in Opposition of the Issue: No one. Mayor Moser closed the public hearing. MOTION by Barbara Terrell, second by Bea Marin, to approve Resolution No. 1999 -6, "A Resolution approving the financing by the Bell County Health Facilities Development Corporation of a facility located within the City of Stephenville, Texas, and approving the issuance of certain bonds related thereto ". MOTION CARRIED by unanimous vote. 1: :1% R w1exI]k, r Y_`. I 11111 111TIJ7�1 C.YN� 1� I7�:iV11110 1I1111 Mayor Moser opened the public hearing. Speaking in Favor of the Proposed Budget: Bobby Lane made a request for a new microfilm reader at the public library. He said that it's the only microfilm reader that will make copies, and the copies it makes are illegible. August 17, 1999 - Minutes of Special Meeting 371 City Administrator Don Davis advised the council that a report will be made to the council at its next meeting, prior to consideration of the budget. Speaking in Opposition of the Proposed Budget: No one. Don Davis asked the council for clarification of the resolution that was made during budget work sessions regarding the Volunteer Fire Department's pagers. The council advised Davis to move forward with this item. Clarification was also made regarding the roof on City Hall. It was determined that $20,000 will be set aside in restricted reserves for City Hall roof repairs. This matter will be brought back to council before any money is expended. Council member Horton stated that he wanted to alert the public about the Management Study that is under consideration in the budget. He stated that the council deems such a study is necessary because there has been a controversy over whether or not the city has too many employees. Horton said that he believes this study will be cost effective, and the argument can be laid to rest. Mayor Moser closed the public hearing. Davis noted for the public's benefit that the proposed budget does not include any sort of tax increase or user fee increase. It is a balance budget. Some capital replacement reserves have been taken to fund a couple of items. The general fund budget represents less than a one percent increase over last year, and the water fund is an approximate 5.6% increase. IV. NOTICE OF PUBLIC HEARING TO SET THE TAX RATE MOTION by Rusty Jergins, second by Bea Marin, to set September 7, 1999 as the date for a public hearing for the proposed tax rate. MOTION CARRIED by unanimous vote. ►��,7_Y Y I BI•/ flu f.YY):7171► /pCy MOTION by Bea Marin, second by Joel Hillin, to adopt Ordinance No. 1999 -22 regulating ambulance and emergency medical service. MOTION CARRIED by unanimous vote. Council member Terrell stated that she is glad to see the streets completed in the West Side Development Project. August 17, 1999 - Minutes of Special Meeting 372 kv R 0 0 W-1- 711110 a�1 MOTION by Bea Maria, second by Barbara Terrell, to adjourn the meeting. Motion carried by unanimous approval at 6:00 p.m. ATTEST: Cindy L. afford, City S194hary August 17, 1999 - Minutes of Special Meeting 373 Resolution No. 1999 -6 A RESOLUTION APPROVING THE FINANCING BY THE BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION OF A FACILITY LOCATED WITHIN THE CITY OF STEPHENVILLE, TEXAS, AND APPROVING THE ISSUANCE OF CERTAIN BONDS RELATED THERETO WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act'), authorizes and empowers Bell County Health Facilities Development Corporation (the "Issuer "), to issue revenue bonds on behalf of Bell County, Texas (the "Issuing Unit"), to finance the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary, or convenient for health care, research, and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, the term "health facilities" includes a "retirement home, retirement village or home for the aging"; and WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the financing of one or more health facilities located outside the limits of the Issuing Unit with the consent of every city, county, and hospital district within which such health facility is or is to be located; and WHEREAS, F.H.C. Development Corporation (the "User "), a nonprofit Texas corporation, proposes to obtain financing from the Issuer from proceeds of the Issuer's bonds issued pursuant to the Act for the costs of an approximately 90 -unit independent living retirement center, together with common dining area, laundry facilities and other related amenities to be located in the 1700 block of North Graham Street, contiguous to the Foster's Home for Children campus in the City of Stephenville, Erath County, Texas (the "Project "); and WHEREAS, this City Council has held a public hearing regarding the issuance of the proposed bonds for such project after publication in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Project will be located within the City of Stephenville, Texas (the "city") and outside the limits of the Issuing Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, that: Section 1. The City of Stephenville, Texas, hereby consents to the exercise by the Issuer of its powers to provide for the financing of the Project as required by Section 221.030 of the Act. F.H.C. Resolution — Page 1 374 i i Section 2. Solely for the purpose of granting that approval required by Section 147(1) of the Internal Revenue Code of 1986, as amended, the City Council acting as the "applicable elected representative" of the City of Stephenville, Texas, hereby approves the bond issue being used to finance the Project. Section 3. The City of Stephenville, Texas, shall have no liability whatsoever in connection with the proposed bonds, the financing of the Project, or the Project itself, it being specifically understood that the consents granted herein are solely to accommodate the financing of the Project by the Issuer and to give that approval required by the Internal Revenue Code so that the bonds issued to finance the Project may be issued on the tax - exempt basis. Section 4. The City of Stephenville, by giving its consent for the Issuer to issue the proposed bonds and by approving the issuance of the bonds in no event waives any building code requirements or other requirements of the City of Stephenville relating to the construction of the Project, all of which requirements shall remain in full force and effect. Section 5. This resolution shall take effect immediately from and after its adoption and it is accordingly so ordered. Section 6. It is officially found and determined that this meeting was open to the public as required by law and that notice of the time, place, and subject matter of this meeting has been posted in the manner required by law. PASSED and APPROVED by the City Council of the City of Stephenville, Texas, this 17'h day of August, 1999. o d J Moser, Mayor AT EST: Cindy 1, ord, ity S ary "& &Wi! Reviewed by Donald B. Davis, City Administrator Approved as to form and legality by Randy Thomas, City Attorney F.H.C. Resolution — Page 2 375 ORDINANCE NUMBER 1999 -22 AN .ORDINANCE REGULATING AMBULANCE AND EMERGENCY MEDICAL SERVICE AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND ESTABLISHING THIS ORDINANCE AS AN ADDITION TO CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVI[.LE ARTICLE IV. AMBULANCE AND EMERGENCY MEDICAL SERVICE SEC. 18.70 Definitions. The following terms and phrases, as used in this ordinance unless the context clearly indicates otherwise, shall have the meanings respectively ascribed to them in this section: CITY. The term city, when used in this article, shall mean the City of Stephenville, Erath County, Texas. EMS. The term EMS, when used in this article, shall mean a provider of Emergency Medical Service, ambulance service, or EMS provider. EMERGENCY. The term emergency, when used in this article, shall mean the services used to respond to an individual's perceived need for immediate medical care to prevent death or aggravation of physiological or psychological illness or injury, or the sudden onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: 1. Placing a patient's health in serious jeopardy; 2. Serious impairment to bodily functions; or 3. Serious dysfunction of any bodily organ or part. STAND -BY. The term stand -by, when used in this article, shall mean a service provided by an EMS provider at a special event to provide for the treatment and transportation of the sick or injured. (example: football games, rodeos, races, etc.) OUT OF TOWN EMERGENCY TRANSFER. The tern out of town emergency transfer, when used in this article, shall mean the transporting of a patient to a medical facility in a town or city other than Stephenville. Primarily this would mean transporting of a patient, for whatever reason, from the local hospital to a hospital in another city. 376 PRIVATE OWNED SERVICE. The term private owned, when used in this article, shall mean an individual, company or organization that is in the business of providing an EMS or ambulance service that is primarily a for profit operation. LICENSED AMBULANCE SERVICE. The term licensed ambulance service, when used in this article, shall mean an ambulance service that is currently licensed as an EMS provider by the Texas Department of Health. SEC. 18 -71 EMERGENCY AMBULANCE SERVICE. 1. The City of Stephenville Fire Department EMS shall be the primary provider of emergency ambulance service, and Emergency Medical Service within the city limits and in other areas under contract with the city to provide such service. 2. All patients transported by the city EMS shall terminate at the hospital Emergency Room, 3. Any person utilizing the city's EMS service shall pay for services rendered. A copy of the city's EMS fee schedule shall be kept on file in the office of the City Secretary. 4. It shall be unlawful for anyone, including the holder of a city permit or license from the Texas Department of Health, to intentionally furnish, operate, maintain, advertise for or otherwise be engaged or profess to be engaged in the operation of, or provide emergency ambulance service upon the streets within the city or in any areas under contract with the city to provide such service. (see exceptions) SEC. 18 -72 EXCEPTIONS. 1. A licensed ambulance service may respond in situations where the city, or its authorized representative, requests or authorizes another service to assist in an emergency under circumstances in which a city ambulance is not available to respond to an emergency situation which may require treatment or transportation of a patient or patients. 2. It shall be permissible for a private owned ambulance service, who in the process of providing non - emergency ambulance service, and the situation develops into an emergency, to proceed with treatment and transportation of the patient to the hospital, provided that said service is licensed by the Texas Department of Health to provide such service. 3. It shall be permissible for any ambulance or person therein, to respond to or from an emergency situation, outside of the city or its contracted areas of service. 4. Private owned ambulance services that through a contractual arrangement or other agreement to provide service and stand -by at special events, are permitted to treat and transport patients to the local hospital within the city and its areas under contract. .177 SEC. 1 8-73 PRIVATE OWNED AMBULANCE SERVICES. 1. When an applicant files for a permit to provide ambulance service, the city council must determine that it would be beneficial for the public's convenience, necessity and welfare, to provide additional service. The city council may then grant a permit. 2. Private owned ambulance services operating within the city are authorized to provide non - emergency transport, out of town emergency transfer, and stand- by service only. 3. All private owned ambulance services are required to obtain an annual permit on or before January 1 of each year, to operate and provide service within the city. Permit applications shall be kept on file in the office of the City Secretary, and the fee for the permit will be as per the city's current fee schedule. 4. Applications for permits to operate a private owned ambulance service within the city shall be reviewed by the Public Health and Safety Committee of the Stephenville City Council. The committee will consider all applications and will make a recommendation to the entire city council. 5. Any private owned ambulance service operating within the city, or its areas under contract, shall at all times possess a current Texas Department of Health license to provide such service, and shall at all times meet the requirements of the Texas Department of Health in regards to staffing, equipment, and supplies. 6. All private owned EMS providers operating within the city or its contracted service areas, shall at all times have in full force and effect insurance coverage as follows: Public liability insurance for injury to or death of any person and for property damage. Such insurance shall secure payment of all unlawful and proper claims arising out of the operations of said ambulance service. A minimum of one million dollars bodily injury per person. A minimum of three million dollars maximum bodily injury per occurrence. A minimum of one million dollars property damage per occurrence. Uninsured motorist coverage. Malpractice insurance. An umbrella policy to cover all underlying liability policies. (a) The insurance policies required herein shall be submitted to the Public Health and Safety committee, or its designated representative, for approval. Satisfactory evidence that such insurance is at all times in full 179 force and effect, shall be provided in form as specified by the committee, or its. representative. (b) Every insurance policy required hereunder shall extend for the period to be covered by the permit granted for the operation of ambulance services herein, and the insured shall be obligated to give not less than 30 days' written notice to the city before any cancellation or other termination of any such policy. (c) The cancellation or other termination of any policy of insurance required herein shall automatically revoke and terminate the permit for ambulance service granted herein, unless another insurance policy complying with the provisions of this section shall provide and be in full force and effect at the time of such cancellation or other termination. 7. All private owned ambulances operating in the city shall be maintained in sufficient mechanical condition as to comply with all the regulations set out by the Texas Department of Health. 8. All private owned ambulances operating in the city shall have the name of the service prominently displayed on each side on the vehicle in letters of at least three (3) inches in height. 9. Any right, privilege or permit held, owned or obtained by any private owned ambulance service under the provisions of this article may be sold, assigned, leased or transferred, or inherited; provided, however, any proposed sale, assignment, lease or transfer shall first be presented in writing to the city council for its approval or disapproval. SEC. 18 -74 PENALTY. Each officer, agent or employee of any corporation and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of, any provision of this article, or fails to obey, observe or comply with any other, decision, rule or regulations, direction, demand or requirement of the city council, shall be guilty of a class "C" misdemeanor, and upon conviction shall be punished by a fine not exceeding two hundred dollars ($200). Each day any provision of this article, or any rule, regulation or order of the city council relevant thereto is violated shall constitute a separate offense, and the fact that the city council may have caused prosecution for violation of its rules, regulations or orders under the penal section of this article shall not operate to prevent or limit the exercise of the authority of the city council to suspend, revoke, alter or amend permits or certificates as provided in this article. PASSED AND APPROVED THIS 17th DAY OF August 1999. APPROVED: (�47Y(e�r Moser, Mayor 370 ATTEST: Cindy L. afford, City Sec Mary 47WJ-&- Reviewed by Donald B. Davis S Approvedas to form and legality Randy Thomas, City Attorney it