HomeMy WebLinkAbout1999-11-16 - Special City CouncilMINUTES OF SPECIAL MEETING
City of Stephenville - City Council
TUESDAY, NOVEMBER 16,1999 - 5:30 P.M.
The City Council of the City of Stephenville, Texas, convened in special session on Tuesday,
November 16, 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:
L CALL TO ORDER
John Moser
Barbara Terrell
Marshall Shelton
Joel Hillin
Bea Marin
Rusty Jergins
Bill Corbin
Wm. H. (Bill) Stanley
Ed Horton
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, November 16, 1999. Mayor Moser declared a
quorum present.
II. CONSIDER THE DEPOSITORY CONTRACT BID
Mayor Moser recognized representatives from Texas Bank and from Stephenville
Bank and Trust Co. and gave them an opportunity to speak to the council.
Evans McBride, President of Texas Bank, mentioned the difference in the rates of
Texas Bank and Stephenville Bank and Trust Co. on the demand accounts. He stated
that this is where the bulk of money is held, and that Texas Bank offers the better
rate.
Ron Butler, President of Stephenville Bank and Trust Co., reminded the council that
SB &T has had this contract for many years and has proven their service capabilities
many times over. Butler admitted that SB &T's rate is not as high as Texas Bank's,
but savings in operations is significant.
November 16, 1999 - Minutes of Special Meeting
474
The council members then discussed this issue, along with staff members and
representatives of the two banks.
MOTION by Wm. Stanley, second by Marshall Shelton, to award the depository
contract to Texas Bank. Council members Terrell and Corbin abstained from voting,
each having filed an affidavit of conflict of interest with the City Secretary.
MOTION PASSED by the following vote:
Ayes: Council members Shelton, Stanley, Jergins, and Mayor Moser.
Noes: Council members Hillin and Marin.
Abstentions: Council members Terrell and Corbin.
IH. CONSIDER NOMINATIONS) TO THE APPRAISAL REVIEW BOARD OF
THE ERATH COUNTY CENTRAL APPRAISAL DISTRICT
No council members made recommendations for filling positions on the Appraisal
Review Board.
n'. PARKS AND RECREATION ADVISORY BOARD REPORT
Ronnie Isham, Director of Community Services, made this report. Connie and Tom
Birdsong have been instrumental in the forming of the Cross Timbers Fine Arts
Council, and Connie was a charter member of the Parks and Recreation Advisory
Board. They have offered to donate to the Parks and Recreation Department the sum
of $50,000 for the completion of the amphitheater stage and irrigation, contingent
upon the donation being matched. The match could come from different sources.
The Birdsong's plan to pay $15,000 in 1999 and $35,000 in 2000. The city will
need to advance the total $100,000 to the project in order to proceed with the present
contract.
MOTION by Bea Marin, second by Barbara Terrell, to advance the necessary funds
to this project out of the Phase B Reserves so the project can continue to move
forward. MOTION PASSED by unanimous vote.
V. PLANNING AND DEVELOPMENT COMMITTEE
Council member Jergins gave this report, stating that Don Davis and Mayor Moser
had appeared before the Texas Military Facilities Commission on the matter of
Purchasing 4.6 acres from them for a possible Municipal Service Center site. The
General Land Office has appraise the property at a value of $35,000. The
commission voted to authorize its staff to negotiate with the city for the sale of this
land.
November 16, 1999 - Minutes of special Meeting
475
The committee reviewed the Needs Assessment and Master Plan for the MSC as
prepared by Quorum Architects, Inc. The committee discussed the options for the
design phase of this facility. One option would be to negotiate a contract with
Quorum, and the other option would be to develop a request for proposal for the
design phase. Staff was instructed to contact metal building manufacturers to
determine if they had architects and/or engineers capable of designing the entire
project. Jergins reported that these manufacturers only construct the building and
have no architectural or engineering personnel who provide design work.
MOTION by Rusty Jergins, second by Bea Marin, to negotiate with Quorum
Architects, Inc. for the design phase of the Municipal Service Center and to submit
their costs for the design work. MOTION CARRIED by unanimous vote.
Jergins mentioned that the sale of city property owned jointly with Erath County and
Stephenville Independent School District is set for January 4, 2000.
VI. CONSIDER INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT
WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD
HAZARDOUS WASTE PROGRAM
MOTION by Rusty Jergins, second by Barbara Terrell, to approve the Interlocal
Agreement for participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program (attached). MOTION CARRIED by
unanimous vote.
MOTION by Rusty Jergins, second by Bea Marin, to approve the Consent Agenda
as follows:
VII. CONSENT AGENDA
A. Bid Specifications for Mowers
B. Chemical Contract
MOTION PASSED by unanimous roll call vote.
VHI. ADJOURN
Rusty Jergins announced that on December 7 Tarleton State University will host an
"end of the century" fireworks program beginning at 7:30pm.
November 16, 1999 - Minutes of Special Meeting
47r
MOTION by Rusty Jergins, second by Marshall Shelton, to adjourn the meeting.
MOTION CARRIED by unanimous vote at 6:45pm.
Jo Moser, ayor
ATTEST:
a*
Cindy
November 16, 1999 - Minutes of Special Meeting
4 77
CITY SECRETARY 5��{
CONTRACT NO.
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort
Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager,
and City of StephPnvi t Ia Texas, a home —rule municipality situated in
Rrath County, Texas, hereinafter called "Participating City," acting herein by and
through jniah MocPr its duly authorized Mayor
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among municipalities; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
With another to perform governmental functions and services, and §791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with
another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will
administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act;
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of
the forces of nature, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes
•
(b) All requirements pertaining to the protection of the health and safety of employees
or the public.
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s)
to perform pursuant to their agreements with Fort Worth for the conduct of the collection of
household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and
sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household
by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1),
would be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest forms) furnished by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
state if the waste is transported out of Texas.
Mobile collection event means a household hazardous waste collection event for 50 to 75
households by Participating City utilizing a mobile collection unit.
Mobile collection unit (MCU) means a non - self - propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off -site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection event. The mobile collection unit is designed to hold the hazardous
household waste of approximately 50 to 75 households.
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all
other cities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and
Safety Code §361.003, and including hazardous substances.
Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
3
SM
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Environmental Collection Center or a Mobile Collection Event.
F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number
of Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center or at a mobile collection event.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Non -Fort Worth Mobile Collection Unit
Fort Worth agrees to accept household hazardous waste from Participating City's
MCU in accordance with Section 5, Paragraph E, of this agreement.
2. Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A ", attached and
incorporated herein as if set forth.
J. Mobile Collection Events
1. If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth will send Participating City a list of available dates.
Participating City will contact Fort Worth as soon as possible to schedule the date,
time and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property 1 week prior to the event. The waiver shall be in the form of Exhibit B or
similar form approved by Fort Worth. The signed waiver must be sent to Fort
Worth 1 week before the Mobile Collection Event. If the signed waiver is not sent
to Fort Worth 1 week before the Mobile Collection Event, Fort Worth will not send
the Fort Worth Mobile Collection Unit to the event and Participating City will, in no
event, be entitled to any damages of recovery of any costs, except as provided
herein.
(b) Available Dates
Participating City acknowledges, that Fort Worth contracts with other municipalities
and that Fort Worth will be accommodating each Participating Citys request on a
first come first served basis. Therefore, Participating City acknowledges that its
chosen date to schedule a mobile collection event may be reserved by another City
and Participating City will have to choose another date. Partieipating City, will in no
event, be entitled to any damages or recovery of any costs, except as provided
herein.
2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort
Worth shall accept household hazardous waste from the first 50 households that show
d R:
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comes to the ECC or a mobile collection event without a voucher, Participating City
acknowledges and agrees that Fort Worth will not accept the household hazardous waste
until Participating City authorizes the acceptance in writing.
E. Participating City may submit a written request for a monthly report listing the number of its
city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City shall provide traffic control and signage for the mobile collection events,
and shall provide personnel to assist Fort Worth with the survey and screening of persons
dropping off household hazardous waste. The parties prior to the event shall agree upon
the details of the traffic control, signage, and personnel assistance.
G. Fort Worth Mobile Collection Units Collecting Household Hazardous Waste
Participating City shall advise the ECC program manager at least 72 hours in
advance of its mobile collection events. Participating City shall collect only HHW
during a mobile collection event. Wastes from commercial, agricultural, and
industrial sources shall not be accepted. Participating City shall not accept
compressed flammable gas containers; radioactive materials; explosives or
potentially shock sensitive materials; biological, etiologic, and infectious materials;
and any other wastes that Fort Worth has determined are unacceptable.
2. In accordance with the latest DOT requirements, Participating City's MCU
operators will properly categorize, package, mark, label, and load into the MCU, all
wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti - freeze, lead -acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
3. After accepting wastes, Participating City's MCU operators shall thoroughly check
each container for proper labeling and identification. If a container is properly
identified, the material will be segregated according to hazard class and prepared
for packaging. If a container does not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material from its
physical characteristics using HAZCAT analysis and from information provided by
the household presenting the waste.
4. The Participating Citys MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT) requirements,
United States Environmental Protection Agency (EPA) requirements, and all other
applicable federal and state requirements. After all the wastes have been properly
identified and segregated, the MCU operators will reexamine the wastes for
compatibility, list them on the container content sheets, and pack them into drums.
Oil -based paints and latex paints shall be bulked separately in 55 gallon drums, or
if the paint is left in its container, the paint can be packed in a lined cubic yard box,
and packed and labeled according to federal and state regulations. Participating
City shall not transport waste that is not HHW to the ECC. Participating City
agrees to make its own arrangements to dispose of any non -HHW waste collected
at the event.
7 484
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND
STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time -to -time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available. Used antifreeze will have been consolidated
in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current
or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment:
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to
obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING
CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND
9 486
C. The individual does not have sufficient identification to establish that he /she is in fact a
resident of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste,
and the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the
ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. - 7:00 p.m.
Saturday 9:00 a.m. — 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following days:
New Year's Day, January 1, 2000
January 3, 2000 through January 9, 2000, for cleanup and repairs
M.L.K. Day January 17, 2000
Memorial Day, May 29, 2000
Independence Day, July 4, 2000
Labor Day, September 4, 2000
F. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be
closed. Participating City may advertise the 24 -hour Environmental Collection Center telephone
number to give its residents the Environmental Collection Center's hours. The number is: (817)
871 -5257.
10.
-COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this agreement:
A. Participating City agrees to pay Fort Worth the sum of $67.00 per household/ per visit that
comes to the ECC or a Mobile Collection Event to dispose of household hazardous waste.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged any
of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Worth for it staff time at $20.00 an- hour and the cost
_ of supplies.
11 488
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the costume or if Participating City fails to return the entire costume to Fort Worth or if the
costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions, and that the services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon thirty (30) days' written notice to the other party. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
"REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK , "CAPTAIN CRUD
AND THE CRUDDIES," AND ° PROMOTIONAL MATERIALS LICENSE AGREEMENT'
(Paragraph 11).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
13
49i
have the necessary authority to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions extending such authority have
been duly passed and are now in full force and effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
0
Charles Boswell
Assistant City Manager
Date:
APPROVED AS TO FORM
AND L GALITY:
Assistplit City Attorney
A EST:
loria Pearsdn
City Secretary
Contract Authorization
l -�- by
Date
15
PARTICIPATING CITY
Lcis
APPROVED AS TO FORM
AND LEGALITY:
City Attorney
OF
�y
ATTEST:'
• r
City Secre
CSR
p 0 R
492
Exhibit `B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION
OF HOUSEHOLD HAZARDOUS WASTE
I being the owner of property located at
have
been asked by the City of
to allow a mobile collection event on my
property to collect household hazardous waste on the 2000
In consideration of , I hereby give
my permission to the City of to hold a household
hazardous waste collection event on my property in which the City of
has asked the City of Fort Worth to send its mobile
collection unit to collect the household hazardous waste that is brought to the
event.
Therefore, in consideration of , I
hereby RELEASE, DICHARGE,HOLD HARMLESS, INDEMNIFY the City of Fort
Worth or its' officers, agents, and employees and the City of
and its officers, agents, and /or employees for any and all
claims, demands, liability, causes of action, actions or suits of any character that
I may have against the City of Fort Worth or its' officers, agents, and /or
employees and the City of or its officers, agents, and /or
employees for any property loss or damage, for any and all personal injury
including death or any other damage of any kind or character which may arises
or that arises from allowing the City of to hold a household
hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and
conditions. I have not been influenced in any extent whatsoever by any
representation or statements not contained in this Agreement. I hereby
acknowledge that this Waiver and Release is given in consideration of
Signature
Witness
Date
494
IN WITNESS WHEREOF the parties hereto have cause this Agreement to be executed in
multiple counterparts as of the date first set forth above.
Patterson Capital Management L.L.P., dba
CITY OF STEPHENVILLE PATTERSON & ASSOCIATES
By:
Attest:
Date:
.............
C�RPO.R.P��p
Un
T. Patterson, President
Gam./[ Uff- P1/"t /yI/
i
MM
5
EXHIBIT B
FEESCHEDULE
The investment advisory services described under the terms of this Agreement are being provided in
accordance with the following fee schedule.
Services are to be provided for the first year of the contract for a fee of twenty (20) basis points (0.0020)
on the average monthly market value of the total Portfolio.
Services are to be provided for the remaining years of the contract for a fee of eighteen (18) basis points
(0.0018) on the average monthly market value of the total Portfolio.
Regardless of the portfolio size, minimum compensation for the services rendered will be $15,000 /year.
Fees are calculated by P &A on services rendered in the preceding month and the invoice provided to the
Client by the fifth (5) business day of the succeeding month.
Fees are due and payable within ten (10) business days after receipt of invoice.
i
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465
7
EXHIBIT D
AUTHORIZED REPRESENTATIVES
Authorized Representatives of the Client
Name/Title Phone Fax e-mail
Mark A. Kaiser, CPA
Finance Director 817- 965 -7887 817- 965 -6495 mkaiser @ci.stephenville.tx.us
Joyce Goodman
Personnel Director 817 - 965 -7887 817 - 965 -6495
Cindy Stafford
City Secretary 817 -965 -7887 817 - 965 -6495
Authorized Representatives of P &A
Name/Title
Phone
Fax
e-mail
Deborah A. Baptista
512- 320 -5042
512- 320 -5041
deb @patterson.net
Vice President
Leticia Davila
512- 320 -5042
512- 320 -5041
leticia @patterson.net
Sr. Analyst
Linda T. Patterson
512- 320 -5042
512- 320 -5041
linda @patterson.net
President
A
M
AGREEMENT FOR MUNICIPAL COURT
BETWEEN
THE COUNTY OF ERATH
AND
CITY OF STEPHENVIL.LE
THIS IS AN AGREEMENT for Municipal Court between Erath County, Texas, hereafter
County, and the City of Stephenville, Texas, hereafter 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:
1. County agrees to perform for City all the duties relating to the municipal
court, with such jurisdiction, powers, procedures, and duties as are given
and prescribed by the laws of the State of Texas for municipal courts.
2. City hereby designates the Justice of the Peace, Precinct One, of the
County of Erath, Texas, as its municipal judge for all purposes under the
City of Stephenville Charter.
3. County shall collect current and delinquent fines owing to the City as
provided in this agreement. Justice of Peace, Precinct One, acting as Judge
for City agrees to abide by any delinquent fine collection contracts that City
may enter into. All costs and fines imposed by the Municipal Court shall be
paid into the City treasury for use and benefit of City except for warrant
fees collected by County which shall be paid to County upon proper
application to City.
4. County shall provide the City Council of the City of Stephenville with a
monthly report, which report shall include all amounts collected by County
for City, all amounts remitted to City, all sums withheld from City, and a
summary of the Court's activities under the provisions of this Agreement.
County further agrees to provide any other reports that City may
reasonably require concerning Municipal Court.
5. City agrees to pay County for the cost of performing the services specified
in this agreement as follows: $60,000 for the year 2000 with monthly
payments of $5,000, 61,800 for the year 2001 with monthly payments of
$5,150.00, $63, 654 for the year 2002 with monthly payments of $5304.50.
16. It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes 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.
17. 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 day of 1999.
COUNTY: CIT
BY: BY:
T Thompson, C my Judge J Moser, Mayor
I
ATTEST: A ST:
Gwinda Jones, C66nty Clerk Cindy Staff , City ecret
APPROVED:
Pam Thiemann, Justice of the Peace
William H. Oxford, C4Knty Attorney
Mu 1Wd CmutuWCWJ*blurt Contractwah StCfi1fl YMe 2 .d.
APOVED: -
Don Davis, City Administrator
Randy.Thomas, City Attorney
470
AGREEMENT BETWEEN
CITY OF STEPHENVILLE and
TARLETON STATE UNIVERSITY for
9 -1 -1 SERVICES
This is an agreement between CITY OF STEPHENVILLE, hereafter CITY, and TARLETON
STATE UNIVERSITY, hereafter TSU, whereby CITY agrees to receive all 9 -1 -1 calls from the TSU
campus and to dispatch same to the appropriate department.
The parties enter into this agreement under the following terms and conditions:
1. City shall receive all 9 -1 -1 calls from the TSU campus.
2. City shall determine, at its sole discretion, whether or not the call is an actual
emergency. Actual emergencies will be dispatched to the TSU police department, to the
Stephenville Fire Department or any other department for appropriate action. All
other calls will be dispatched or forwarded to the TSU operations center for their
disposition.
3. The term of this agreement will begin on December 1, 1999, and end on December 31,
2000, unless terminated earlier by agreement of the parties hereto. Either party may
terminate this agreement by giving 30 days written notice to the other party.
4. TSU agrees to indemnify and hold City harmless from any and all liability of any kind
or nature that the City may incur by reason of the implementation or operation of this
agreement to the extent allowed by Texas law. In the event that City incurs any costs
for same, including legal fees, TSU agrees to pay same upon request by City.
5. This agreement is entered into in Stephenville, Erath County, Texas.
6. This agreement shall inure to the benefit of and be binding upon the parties, their
successors and assigns.
EXECUTED this /o-& day of November, 1999.
CITY
M
ATTEST:
Cindy L.
TARLETON STATE UNIVERSITY
"1pF STF
ATTEST: _
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Agreement with TSU — Page 1
4721