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HomeMy WebLinkAbout1999-10-05 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, OCTOBER 5, 1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on October 5, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington StreetJor 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 -Tern Council members Others Attending I. CALL TO ORDER John Moser Barbara Terrell Ed Horton Joel Hillin Marshall Shelton Bill Corbin Rusty Jergins Bea Marin Wm. H. Stanley 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 5:35 p.m. on Tuesday, October 5, 1999. Mayor Moser declared a quorum present. Mayor Moser introduced David Lengefeld, State Representative for District 59. Representative Lengefeld stated that he has been honored and privileged to serve as State Representative. He said it has been a tremendous experience, and he thought the recent legislative session was successful in accomplishing a great deal in some areas that had been previously prorogued. Lengefeld said he was proud to have served on the Public Education Committee and have passed what he considers to be one of the finest education bills ever. Lengefeld referred to bills that will affect city government; particularly, annexation (Senate Bill 89), electric restructuring, telecommunications, and sales tax exemptions. General Business Meeting— October 5, 1999 Stephenville City Council 4 Ili He specifically mentioned the business tax credit which will affect Stephenville. It relates to tax credits that will come on franchise taxes. Four percent of qualified research expenses will be credited to corporations for tax reports due by the end of 2001, and the tax credit will increase to 5% for tax reports due 2002 and after. A job creation credit and an investment credit. The tax credits for Erath County will only be available to corporations engaged in agriculture processing. Lengefeld highlighted some of the Constitutional Amendments that will be on the November 2 a ballot that may be of specific interest to the council: No. IV: Tax exemptions for charities. No. V: State employees serving on local boards. No. XI: Permitting local governments to purchase property and casualty insurance from mutual insurance companies. No. XIII: Bonds for student loans. No. XVI: Dividing counties into precincts. No. XVII: Permanent university fund. I I . CITIZENS' GENERAL DISCUSSION No one wished to speak to the council. III. ACTIVITY REPORT ON DELINQUENT TAX COLLECTIONS —Jeff Brown Don Davis introduced Jeff Brown from the firm of Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP, which is the firm that collects the city's delinquent taxes. Davis also noted that Jennifer Carey, Erath County Tax Assess - Collector, was also present. Jeff Brown reported that more than 4,507 warning notice letters to delinquent taxpayers. Thirteen lawsuits were filed seeking collection of $24,705.69 in delinquent taxes, penalties, and interest. Eighteen lawsuits were dismissed, as paid, resulting in the collection of $13,669.66. Courtroom judgments have been taken in fourteen lawsuits involving more than $16,455.68. Two tracts of real property were sold at tax sales resulting in the collection of $9,333.04. Brown reported that a total of over $64,777.60 was collected on behalf of the city. In addition to these collection efforts, Brown assisted the city in the collection of $26,000.00 in outstanding hotel/motel taxes. General Business Meeting— October 5, 1999 Stephenville City Council 4 1.5 IV. PLANNING AND ZONING COMMISSION — PUBLIC HEARINGS Mayor Moser announced a request to rezone from B -2 "Secondary and Highway Business District" to B -4 "Private Club District ", Lot 32, Block 139, City Addition, located in the 2100 block of West Washington. Betty Chew, Director of Community Development, gave the staff report. This property is located in the Stephenville Plaza Shopping Center. The Comprehensive Plan's projected land use for this area is commercial. There are no structures located on the property at this time, but if rezoning is accomplished, the owner proposed to develop the lot with a restaurant. The property is served from a 6 -inch water main and an 8 -inch sanitary sewer main, both located in the Washington Street right of way. Development of the property will require the installation of appropriate -size taps during the site development plan process. Washington Street is the thoroughfare that serves this property and is an 80 -foot right of way in this area. Fire protection is provided from fire hydrants located on the Plaza Shopping Center property and immediately west of this site. The existing zoning in the area of the property for which B -4 zoning is requested is bound on all sides by B -2 "Secondary and Highway Business District" zoning. The Planning and Zoning Commission is recommending that the property be rezoned from B -2 to B -4. Mayor Moser opened the public hearing. Speaking in Favor of Rezoning: Ben Tisdale, representing the applicant, Basic Inc., showed the council the design for the proposed building and reported on the progression for the planning of this restaurant. Speaking in Opposition of Rezoning: No one. Mayor Moser closed the public hearing. MOTION by Rusty Jergins, seconded by Bill Stanley, to adopt Ordinance No. 1999 -28, rezoning Lot 32, Block 139, City Addition, from B -2 "Secondary and Highway Business District" to B -4 "Private Club District ". MOTION PASSED by the following vote: Ayes: Council members Horton, Shelton, Stanley, Corbin, Jergins, and Marin. Noes: Council members Terrell and Hillin. Mayor Moser announced a request to rezone from R -1 "Single Family Dwelling District" to B -2 "Secondary and Highway Business District", 7.5 acres in the William Motley Survey, A -515, located in the 2800 block of West Washington. General Business Meeting— October 5, 1999 Stephenville City Council 416 u Betty Chew reported that the applicant for this request is Delacosta Investments, Inc., and the owners are Albert and John Pennock. The Comprehensive Plan's projected land use for this area is commercial. The property will be served from a 12 -inch water main located in the Wolfe Nursery Road (WNR) right of way. Pro rata charges will be due to the developer of the Wal -Mart Subdivision. The property will be served from a 12 -inch sanitary sewer main located in the WNR right of way and pro rate charges will also be reimbursed to the developers of the Wal -Mart Subdivision. Frontage is on WNR, which is 100 foot right of way. The street improvements have been installed by the city as part of the West Side Development Project, and the owners will be assessed in accordance with the street assessment policy for their portion of the street improvements to WNR. The property also has frontage on West Washington Street, which is 120 foot right of way. Fire protection is presently provided from fire hydrants located to the east of the site on the Wal -Mart property. Development of the property will require installation of additional fire hydrants. The subject property is bound on the north by B -2 and R -1; to the south by industrial; and the east by B -2. The Planning and Zoning Commission is recommending that this rezoning request by approved. Mayor Moser opened the public hearing. Speaking in Favor of the Rezoning: Michael Thum, representing Delacosta, Inc., stated that his company plans to build an 80,000 square foot shopping center on this tract, and he would appreciate the council granting this request. Speaking in Opposition of the Rezoning: No One. Mayor Moser closed the public hearing. MOTION by Rusty Jergins, seconded by Bea Marin, to adopt Ordinance No. 1999 -29 rezoning from R -1 "Single Family Dwelling District" to B -2 "Secondary and Highway Business District" that certain 6.422 acre tract located in the William Motley Survey, Stephenville, Erath County, Texas. MOTION PASSED by unanimous vote. Mayor Moser announced a request to rezone from B -2 "Secondary and Highway Business District" to R -3 "Multiple Family Residential District" Lot l0A and part of Lot 11, Block 33, South Side Addition, Stephenville. Betty Chew reported that Gary Michels and Randy Thomas are the applicants and owners of this property. The Comprehensive Plan's projected land use is commercial. If rezoning is accomplished, the existing single - family dwellings located on the property would be in compliance as primary uses in an R -3 zoning classification. Subject property is served from 6 -inch water and sanitary sewer mains General Business Meeting — October 5, 1999 Stephenville City Council 417 located in the Hyman Street right of way. The property has frontage on Hyman Street (50 ft. residential street right of way) and South Sixth Street (50 ft. residential street right of way). Fire protection is provided by fire hydrants located on the northwest corner of Hyman and Fifth and the northeast corner of Hyman and Sixth Streets. Subject property is bound to the north by R -3 zoning and to the south, east, and west by B -2. The Planning and Zoning Commission recommends that this request be denied and the property remain B -2. Mayor Moser opened a public hearing. Speaking in Favor of the Rezoning: No one. Speaking in Opposition to the Rezoning: No one. Mayor Moser closed the public hearing. Randy Thomas commented that he was not an active participant in this request and had merely given his permission for the Michels to make application for rezoning. MOTION by Rusty Jergins, seconded by Bea Marin, to deny the request to rezone Lot 10A and part of Lot 11, Block 33, South Side Addition, Stephenville. MOTION CARRIED by unanimous vote. Mayor Moser announced a request to rezone from B -2 "Secondary and Highway Business District" to B -2/MH "Secondary and Highway Business District/Manufactured Housing District" Lot 21, Block 3, Sims Addition, City of Stephenville. Betty Chew reported that William Oxford is the owner of this property. The Comprehensive Plan's projected land use is residential. If rezoning is accomplished, the owner proposes to locate a manufactured mobile home on the property. Subject property is served from a 6 -inch water main and an 8 -inch sanitary sewer main, both located in US 281 highway right of way. Development of the property will require installation of appropriate size water and sewer taps to service the lot. The property has frontage on US 281 (Morgan Mill Road), which is 100 foot right of way. Fire protection is provided from a hire hydrant located south of the property at 408 Morgan Mill Road. Subject property is bound to the north and south by B -2 "Secondary and Highway Business District" zoning, to the east by R -1 "Single Family Dwelling District ", and the west by B -1 "Neighborhood Business District ". The Planning and Zoning Commission is recommending this request be denied. Mayor Moser opened a public hearing on this matter. t General Business Meeting — October 5, 1999 Stephenville City Council ,@ q p 418 Speaking in Favor of this Rezoning: No one Speaking in Opposition of the Rezoning: Herbert Koch, 1851 CR 150, Georgetown, Texas, 78626, showed the council a picture of the mobile home that the owner had moved onto the subject property. He said that the mobile home is an eyesore in an area with neatly kept brick and frame single fancily dwellings. Mary Koch, 1851 CR 150, Georgetown, Texas, 78626, reiterated what her husband said. She added that, "Any time you move a mobile home on to property, it devalues the property in the area." Hazel Grissom, 413 Morgan Mill Road, Stephenville, Texas, said that this request constitutes "spot zoning" and should be denied. Doyle C. Alexander, 420 Morgan Mill Road, Stephenville, Texas, said that he agrees with all statements that have been made in opposition to this request. Mayor Moser closed the public hearing. MOTION by Bill Corbin, seconded by Ed Horton, to deny the request to rezone Lot 7, Block 3, Sims Addition, City of Stephenville. MOTION CARRIED by unanimous vote. V. ELECT A REPRESENTATIVE TO THE STEPHENVILLE CHAMBER OF COMMERCE ERATH COUNTY EVENTS CENTER PLANNING COMMITTEE MOTION by Ed Horton, seconded by Bill Stanley, to elect Marshall Shelton to serve as the City Council's representative to the Stephenville Chamber of Commerce Erath County Events Center Planning Committee. MOTION CARRIED by unanimous vote. VI. PLANNING AND DEVELOPMENT COMMITTEE REPORT Council member Jergins left the council meeting early in order to satisfy another commitment. Don Davis gave this committee report in Jergins' absence. Davis recognized Dr. Wanda Mercer, Vice President for Student Services, and Bobby Waddell, TSU Student Body President, who were present for the meeting. Davis reported that the city received from Dr. Dennis McCabe, President, Tarleton 4`- General Business Meeting — October 5, 1999 Stephenville City Council 419 State University a request to rename a portion of Washington Street to Centennial Lane in observance of Tarleton's 100' Anniversary. This portion of Washington Street is a one -way street, which is situated on the south side of the John Tarleton Memorial. MOTION by Marshall Shelton, seconded by Barbara Terrell, to change the name of that portion of Washington Street, which bounds the John Tarleton Memorial on the south side, to Centennial Lane. MOTION CARRIED by unanimous vote. Davis reported that the city received from the American Legion Post 240 a request for 100 burial spaces in the West End Cemetery. MOTION by Bea Marin, seconded by Bill Corbin, to donate to American Legion Post 240, 100 burial spaces in the West End Cemetery and that this area will be dedicated as a Veterans' Cemetery. MOTION CARRIED by unanimous vote. Davis reported that this committee is recommending the sale of seven pieces of property which are owned by the city. They are 622 East Washington, 205 East Collins, 109 East Frey, 291 North Clinton, 400 block of North Floral, 1020 North Kight, 660 South Sixth, 340 West Frey, 1715 West Groesbeck, and 824 West Tarleton. The Erath County Tax Assessor - Collector proposes to have a land sale on November 2. These properties can be added to the list of properties that will be auctioned off at that time. MOTION by Ed Horton, seconded by Bill Stanley, to remove the 622 East Washington Street property from the list of properties to be sold. MOTION CARRIED by unanimous vote. MOTION by Bea Marin, seconded by Bill Corbin, to authorize staff to dispose of the following properties: 205 East Collins, 109 East Frey, 291 North Clinton, 400 block of North Floral (recommended minimum price, $1,896.96), 1020 North Kight, 660 South Sixth, 340 West Frey, 1715 West Groesbeck (recommended minimum price, $3,586.08), and 824 West Tarleton, at a public sale for the recommended minimum prices as indicated. MOTION by Ed Horton, seconded by Joel Hillin, to amend the motion by removing the property at 1715 West Groesbeck from the list of properties to be sold. MOTION FAILED by the following vote: Ayes: Council members Horton, Shelton, and Hillin. Noes: Council members Terrell, Corbin, Stanley, and Marin. Vote on the original motion passed by unanimous vote. General Business Meeting — October 5, 1999 Stephenville City Council 420 Davis reported that the Texas Military Facilities Commission is in the process of getting an appraisal on the property that the city is interested in purchasing for the Municipal Service Center. VII. WATER PLANNING COMMITTEE REPORT Council member Terrell gave this report. She explained that the Cross - Connection Control Program, which is mandated by the EPA and directed by the Texas Natural Resources Conservation Commission. This program will be developed by the Community Development Division, and the building inspector will be responsible for the customer service inspections and record keeping for the program. MOTION by Marshall Shelton, seconded by Joel Hillin to adopt Ordinance No. 1999 -30 amending Chapter 14 of the Code of Ordinance of the City of Stephenville by adding a new section to be entitled `Backilow Prevention". MOTION CARRIED by unanimous vote. Council member Terrell introduced Ken Haney, HDR Engineering, Inc. Haney outlined the schedule plan (attached) for this scope of work. He specified that the plan estimates that the facilities in place by the summer of 2001. MOTION by Ed Horton, seconded by Bea Marin, to approve the agreement (attached) with HDR Engineering, Inc. for Long -Tenn Water Resources Plan. MOTION passed by unanimous vote. Mayor Moser made comments pertaining to the Interim Water Supply Strategy, and called on the council to make a commitment to improving the city's water supply and to set a goal of increasing our water supply by the summer of 2000. Council member Terrell reported that this committee discussed interim water supply at its September 28'b meeting. The Taylor south Well Project was discussed with Gary Aardal, a local well driller. The staff updated the committee regarding the Taylor South Well history and discussed well specifications. MOTION by Ed Horton, seconded by Joel Hillin, to set a goal to increase the city's water production by ten percent (10 %) by June, 2000. MOTION CARRIED by unanimous vote. MOTION by Ed Horton, seconded by Joel Hillin, to authorize staff to pursue locating and bring to the council for consideration private water sources to the city that are economically feasible. MOTION CARRIED by unanimous vote. General Business Meeting— October 5, 1999 Stephenville City Council 4 n1 VIII. PERSONNEL COMMITTEE REPORT Mayor Moser read this report, which recommends the following schedule for evaluation of the City Administrator, City Secretary, and City Attorney: October 8 Evaluation forms to be completed and returned to Bobby Rountree, Interim Human Resources Director, for tabulation. October 15 Tabulated results included in council's packets. October 19 Full council review of the City Administrator, City Secretary and City Attorney. MOTION by Ed Horton, seconded by Bill Stanley, to accept and adopt the above schedule and the proposed evaluation forms. MOTION CARRIED by unanimous vote. MOTION by Bea Marin, seconded by Bill Corbin, to approve the Consent Agenda as follows: IX. CONSENT AGENDA A. Approval of Minutes 1. Regular Business Meeting on September 7,1999 2. Special Council Meeting on September 21, 1999 B. Bid Award — Food Service Inspection C. Authorize the Sale of 1983 BMW D. Award Proposal for Recodification of the Code of Ordinances MOTION CARRIED by unanimous vote. X. CITY ADMINISTRATOR'S REPORT Ronnie Isham, Director of Community Services, reported that the West Side Development Project is nearing completion. TXU will complete the remainder of their work (street lights and poles) after the first of the year. The landscaping will be completed prior to school beginning in the new junior high school. The project is under budget in the amount of about $150,000. A street opening ceremony will be planned. Brittain Circle street is under construction, and the project should be completed by October 15. The main runway at the airport has been finished, and the airport is open. The General Business Meeting— October 5, 1999 Stephenville City Council 422 electrical work will begin immediately and will be completed in approximately two months. The Airport Advisory Board would like to plan a opening celebration when this project is completed. An economic impact report was prepared by Vernon Brinkley, member of the airport board. This report has been endorsed by the board and is attached hereto. The parking lots at the Public Safety Building and Fire Station No. 2 have been renovated. The majority of work was done by city street crews. Drainage problems were fixed by doing this work as well as coming into compliance on handicapped parking. The cost of the project was $25,684.00, plus $6,000.00 for in -kind labor cost and equipment rental. By doing the job "in house ", about $25,000 was saved. XI. EXECUTIVE SESSION. At 8:08 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. 551.071 Consultations with Attorney. A. Docket No. 1999- 0730- IHW -E; In the Matter of an Enforcement Action against Erath Recycling, Inc.; SWR No. None; Enforcement ID No. 364 B. Potential Violations of Open Meetings Act C. Potential Drainage Claims at Airport XII. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION (if necessary) At 8:30 p.m., Mayor Moser called the council back into open session. No action was taken on any items discussed in executive session. XIII. ADJOURN MOTION by Rusty Jergins, seconded by Joel Hillin, to adjourn the meeting. Motion carried by unanimous approval at 8:39-R.m. ATTEST: Cindy L. ,•5. General Business Meeting— October 5, 1999 Stephenville City Council 423 ORDINANCE NO. 1999 — 28 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO R -3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: All that Lot, Tract, or Parcel of land in the City of Stephenville being Lot 10A, Pt. 11; Block 33; Southside Addition, City of Stephenville, Erath County, Texas. And it is hereby rezoned and the zoning classification changed from the classification of B -2 "Secondary and Highway Business District" to R -3 "Multiple Family Residential District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the fifth day of October, 1999. Q4J) J oser, Mayor ATTEST: .:.1.l...,I Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality N" M/BC /Ord.Southside9 -17 -99 1 ORDINANCE NO. 1999 - 29 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE FAMILY DWELLING DISTRICT ", TO B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Being a 6.422 acre tract of land situated in the City of Stephenville, Erath County, Texas; out of the William Motley Survey, Abstract No. 515 and being a portion of a 12.958 acre tract of land conveyed to Carol E. Barnett as described in a Special Warranty Deed recorded in volume 734, Page 425 of the Deed Records of Erath County, Texas, said 6.422 acre tract of land being more particularly described as follows: COMMENCING at the southwest corner of said 12.958 acre Carol E. Barnett tract, said Point lying on the north right -of -way line of U.S. Highway No. 377 (W. Washington Street); THENCE N 28 °26'33" W along the west line of said 12.958 acre Barnett tract a distance of 490.00 feet to a the POINT OF BEGINNING; THENCE continuing N 28 °26'33" W, a distance of 652.48 feet to a point for corner being the northwest corner of said 12.958 Barnett tract; THENCE N 61 *26'11 " E along the north line of said Barnett tract a distance of 427.98 feet to a point for corner in the west right -of -way line of Wolfe Nursery Road; THENCE S 28 °35'08" E along the west right -of -way line of Wolfe Nursery Road, a distance of 652.31 feet to a point for corner; THENCE S 61 °24'52" W a distance of 429.61 feet to the Point of Begin- ning and containing 6.422 acres (279,744sq. ft.) of land, more or less. And it is hereby rezoned and the zoning classification changed from the classification of R -1 "Single Family Dwelling District" to B -2 "Secondary and Highway Business District ", in accordance with the Zoning Ordinance of the City of Stephenville. 4P. 5 M/BC /Ord.9 -17 -99-4 1 PASSED AND APPROVED this the fifth day of October, 1999. J Mose , Mayor ATTEST: Cindy St ord, Cit Secre Reviewald B. Davis City Administrator Randy Thomas, City Attorney Approved as to form and legality 4PC) M/13C/Ord.9- 17 -99 -4 2 ORDINANCE NO. 1999 -30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, AMENDING CHAPTER 14, OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE BY ADDING A NEW SECTION TO BE ENTITLED °BACKFLOW PREVENTION'; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION I. That Chapter 14 of the Code of Ordinances of the City of Stephenville, Texas, be amended to add a new SECTION 14, such section to read as follows: Section 6 -305. Backflow prevention. (a) Customer Service Inspection: A customer service inspection certification as required by the Texas Natural Resource Commission (TNRCC), 30 Texas Administrative Code, Chapter 290, Section 290.46; shall be completed prior to providing continuous water service to new construction or any existing service when the City of Stephenville has reason to believe that cross - connections or other unacceptable plumbing practices exist; or after any material improvement, correction, or addition to the private plumbing facilities. The existence of a serious threat to the integrity of the public water supply shall be considered sufficient grounds for immediate termination of water service. (b) Backflow Assembly Testing and Installation: 1) All backflow prevention assemblies shall be tested upon installation by a recognized backflow assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against high health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention device tester. Backflow assembly testing and installation shall be completed as required by the Texas Natural Resource Conservation Commission (TNRCC), 30 Texas Administrative Code, Chapter 290, Section 290.44h. 2) It shall be the duty of the customer at any premise where backflow prevention assemblies are installed to have a certified inspection and operational tests conducted annually. In those instances where the City of Stephenville deems the hazard to be deleterious to human health, customer service inspection certifications may be required semiannually. Inspections and tests shall be at this expense of the customer or customer representative and shall be performed by a certified backflow technician. Word. Backflow 1 427 October 1, 1999 Mr. Donald B. Davis City Manager City of Stephenville 298 W. Washington Stephenville, TX 76401 -4257 Re: Letter of Agreement Dear Mr. Davis: Fal HDR Engineering, Inc. (HDR) is pleased to present this proposed letter agreement to perform consulting services for the City of Stephenville (City). Services to be provided by HDR are described in the attached "Scope of Service for the City of Stephenville's Long -Term Water Resources Plan." Services will be performed in accordance with the attached, "Terms and Conditions of Engineering Services." For performing the services described in the attached work plan, HDR will be paid the following amounts: HDR will invoice the City on a monthl y basis and the monthly invoice will include a description of the work performed by task. If additional work is determined to be required during the course of the study, then a written contract amendment will be prepared and the additional work undertaken only after being authorized in writing by the City. If this agreement is acceptable, please sign both copies, return on to this office, and retain one for your records. We look forward to a successful project. Sincerely, HDR Engineering, Inc. es K. (Ken) Haney, P.E. "Executive Vice President 3 pt HDR Engineering, Inc. 2211 South IH 35 Telephone Suite 300 512 912 -5100 Forum Park Fax Employee -owned , Texas 512442-506 78741 94 3 Q nt Method of Payment 00 urly rates plus laboratory and other expenses. 311 00 0 ELum r first well field analysis. r each additional well field analysis. 0 HDR will invoice the City on a monthl y basis and the monthly invoice will include a description of the work performed by task. If additional work is determined to be required during the course of the study, then a written contract amendment will be prepared and the additional work undertaken only after being authorized in writing by the City. If this agreement is acceptable, please sign both copies, return on to this office, and retain one for your records. We look forward to a successful project. Sincerely, HDR Engineering, Inc. es K. (Ken) Haney, P.E. "Executive Vice President 3 pt HDR Engineering, Inc. 2211 South IH 35 Telephone Suite 300 512 912 -5100 Forum Park Fax Employee -owned , Texas 512442-506 78741 94 3 Q Mr. Danny Johnson October 1, 1999 Page 2 of 2 APPROVED: City of Stephenville SUBMITTED: HDR Engineering, Inc. W v ,may BY �� ,. ..... es K. (Ken) Haney, P.E. Executive Vice President i IM e'.. .... �<n Troy St.''oursv Project Engineer Dated: October 5, 1999 Dated: dCAA�VLkr- i , 15 '( 9 Attachments: Scope of Service for the City of Stephenville's Long -Term Water Resources Plan Terms and Conditions of Engineering Services 431 Scope of Service for the City of Stephenville's Long -Term Water Resources Plan The following scope of service details the work to be performed in the preliminary engineering analysis and development of a conceptual plan of facilities needed for a new ground water system, for a surface water system, and for a potential combined surface and ground water system. New facilities may include pump stations, transmission pipelines, storage tanks, ground water wells, water treatment equipment, and ancillary control equipment. The conceptual plan will be developed according to the following tasks: Task 1— Detailed Water Quality /Chemistry Evaluation Task 2 - Well Field Evaluation and Well Analysis Task 3 - Surface Water System Development Task 4 — Presentation to Council and Selection of Alternative Task 5 - Distribution System Analysis Task 6 - Final Report and Implementation Plan Detailed descriptions for each task, the timeline for each task, and the corresponding fees are listed below: Task 1— Detailed Water Quality /Chemistry Evaluation Schedule: Except for pipe loop, complete within 3 months from NTP. Pipe loop analysis will require an additional 2 months. Cost: $38,000 a) Obtain large- volume samples of water from the City's system and treated water from Upper Leon River MWD. The samples should include separate samples from the Alexander and US67 well fields. b) Obtain representative sections of 2 -inch pipe (both copper and cast -iron samples) from the City's distribution system. The sections should be old enough that they are representative of the material and coating normally found in the City's distribution system. c) Meet with Upper Leon River MWD to determine the chemicals used in their treatment process. Identify any disinfection byproduct issues. d) Analyze the various water samples and blend combinations to determine if there is the potential for precipitation upon blending, or other quality issues that might impact the quality of the water delivered through the distribution system. e) Set up a pipe loop in HDR's water laboratory and use up to two blends of the surface and ground water to determine if there are any corrosion issues that might impact water quality or the distribution system (example: release of material in existing pipe scales with blended water). fl Research other water systems in area that blend ground water from the Trinity Aquifer with local surface water and document any problems they have experienced. em g) Prepare a recommended water - blending plan and estimate of any associated capital costs, and operation and maintenance costs of equipment needed to implement the plan. Task 2 — Well Field Evaluation and Well Analysis Schedule: Complete one well field within 2 months after information is received from Collier Consulting, Inc. For each additional well field to be evaluated, add an additional month. Cost: $27,300 (for one well field) $21,000 (for each additional well field) a) Obtain available design information on the transmission pipelines in the Alexander well field, the US67 well field, and in -city transmission lines that are dedicated lines without any customer connections. b) Evaluate the well field transmission pipelines and determine if there is additional capacity in the pipelines that could be used to economically transmit water from new wells into the City. C) Determine the estimated long -tern yield of each new well field identified by Collier Consulting, Inc. To minimize costs, this work will involve using a ground water flow model that was previously developed to simulate ground water conditions in the Stephenville area d) Determine the number of wells, well spacing, depth of wells, well diameter, and thickness of sand to be screened for the new well fields. e) Conduct site visits to evaluate well fields and potential transmission line routes. f) Identify any particular water quality impacts and maintenance issues expected for each new well field. g) Determine the transmission piping, storage, and booster pumping necessary to deliver the water from each of the areas into the City's distribution system. h) Identify right -of -way options and any permitting issues associated with the transmission system for each option. i) Prepare an estimate of the capital costs, routine annual operations and maintenance costs, and periodic operations and maintenance costs necessary to maintain the production capabilities of the wells in each area. j) Determine a recommended ground water system and prepare maps and a summary write -up describing the system. Task 3 — Surface Water System Development Schedule: Complete within 3 months after Notice to Proceed. 433 Cost: $39,500 a) Identify the construction schedule and the size of storage facilities planned by Upper Leon River MWD. b) Obtain the size, location, and other parameters related to the site at which Upper Leon River MWD plans to deliver water for the City. The delivery location will be the site of the proposed pump station and starting point of the transmission pipeline. c) Evaluate two alternative routes for the surface water to be transmitted from Dublin to the City (i.e., Hwy 377 and FM 847) and develop the best right -of -way alternative, including use of both public right -of -way and private land. This will include on -site evaluations to identify potential fatal flaws that may not be reported by currently available mapping. d) Determine permitting requirements for each alternate route. e) Prepare plan and profile sheets of the two alternative pipeline routes based on USGS 7'h minute quadrangle maps. f) Perform a hydraulic analysis on two pipeline diameters for the pipeline route alternatives in order to optimize pump station requirements, pipeline costs, and operation and maintenance costs. g) Determine the pump station characteristics (horsepower, system head curves, etc.) associated with each pipe size for each alternative route. h) Prepare a pumping station arrangement for each alternative sufficient to prepare a detailed cost estimate. i) Prepare estimates of capital costs and routine operation and maintenance costs for the four transmission pipeline and pump station options (i.e. two diameters and two routes). j) Prepare maps, diagrams, and a summary description for the recommended surface water alternative. Task 4 — Presentation to Council and Selection of Alternative Schedule: At least two weeks after completion of Tasks 1 -3. Cost: $4,000 a) Develop a recommended plan and review with city staff, the water committee, and the city council before finalizing. b) Clarify issues raised by city staff, the water committee, and the city council. c) Make one formal presentation of the recommended plan before the city council. .: i Task 5 — Distribution System Analysis Schedule: Complete 2 months after approval of the recommended plan. Cost: $14,800 a) Obtain available information on the distribution system from the City of Stephenville. This information will include existing distribution system model data and system maps. b) Compare information from previous distribution system studies with current distribution system maps and update the distribution system data. Input the data into EPANET and create an updated model of the City's system. c) Verify the model output with City staff before proceeding with analysis. d) Execute the updated distribution system model to identify alternative distribution system improvements to meet near and long -term possible blend ratios. e) Evaluate the City's existing ground and elevated storage to determine the storage needed with the project(s) and the storage needed to meet TNRCC requirements in the future (assuming the per capita ground and elevated storage requirements do not change in the future). f) Incorporate the transmission piping of the selected water supply alternative into the distribution system model to identify any associated distribution system improvements that f will impact project costs. g) Analyze the City's distribution system to determine the most economical way to incorporate the selected water supply alternative. h) Estimate capital costs and operation and maintenance costs associated with any recommended distribution system improvements. i) Prepare maps and a summary write -up that describe the current distribution system and any needed improvements. Task 6 - Final Report and Implementation Plan Schedule: Complete 2 months after approval of the recommended plan. Cost: $18,000 Prepare a Preliminary Engineering Report that will include detailed data on the approved alternative, present a detailed implementation plan and schedule, and identify additional steps needed before cost estimates can be finalized. This report will address both the short term and long term needs of the City and will present, where possible, a phased plan to economically meet the needs of the City. This report will be suitable for public information, permitting needs, and for financing the recommended alternative. Future steps identified in the report could include: drilling test wells, if ground water is a part of the recommended alternative; 435 ' meeting with the Texas DOT, railroads, and the County regarding specific permit requirements that could affect the cost of a project; ' obtaining detailed geotechnical information for ground storage tank and pump station foundations if the sites appear to have unique requirements; and ' meeting with U.S. Fish and Wildlife Service, Texas Parks and Wildlife, Texas Historical Commission, and others to address permitting issues along the route. HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or Otherwise, in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance, subject to the limitation of liability contained in Section 17. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cast of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing -work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Further. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER - fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project OWNER will furnish the services of sollsgeotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER- fumished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions Or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's Interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 8. REUSE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorneys fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will Include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitrnents that had become firm before termination, and for a reasonable profit for services performed. (1/1999) 437 10. SEVERABILITY If any provision of this agreement Is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty -five (45) days from the date of the invoice. In the event undisputed portions of ENGINEEWs Invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any farce or effect unless the change is reduced to writing, dated, and made part of this Agreement The execution of the change shall be authorized and signed in the same manner as this Agreement Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to- proceed, or like document 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions Terms & Conditions for Professional Services .2 of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to Engineer that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous vvaste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger, "operator," "generator," or "transporter' of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, Its officers, directors, partners, employees, and suboonsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily Injury, sickness, disease, or death, or Injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument executed by the parties. 17. LIMITATION OF LL4BILITY ENGINEER's total liability - to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER from any liability above such amount (1/1999) i i