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HomeMy WebLinkAbout1993-11-27 - Special City CouncilMINUTES OF SPECIAL MEETING - City of Stephenville - City Council TUESDAY, NOVEMBER 23, 1993 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on November 23, 1993 at 5:30 p.m., in the Council Chambers at City Hall, 354 N. Belknap, 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 Article 6252 -17, Section 3A, V.T.C.S., with the following members present, to wit: Mayor: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II Billy Bob Hodges Bill Bailey -5:45 pm Absent: Councilmen John Wooley and Bill Johnson Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and - declared a quorum present. II. CITY /COUNTY CONTRACTS. Don Davis, City Administrator, explained that copies of the five contracts had been delivered to the Council Monday. At your table tonight, are revised copies of the Fire Suppression and EMS contracts. City Attorney Randy Thomas explained that on the EMS contract the changes are in #3, #4 and the last sentence in #5. On #3, provides for notifica- tion to the Sheriff's office of any EMS incident. On #4, is a general statement of taking reasonable and professional actions under the contract. The last paragraph /sentence in #5 provides charging the same base rate to city and county residents. The two changes to the Fire Suppression contract are in #4 and #5. They are the same as in the EMS contract, which provides notice to the Sheriff's office and the reasonable and professional manner. Also, Councilman Nix had requested that the amounts be payable in "equal" monthly installments. Mr. Thomas said that under the Jail Services, Councilman Nix had suggested that in #7 it read "county agrees to maintain and provide proof of insurance" on the jail to cover maximum liability. Councilman Taylor moved that the Council approve the agreement for jail services, the agreement for Municipal Court, the agreement for assessment and collection of taxes, the agreement for emergency medical services, and the agreement for fire suppression between the City of Stephenville and Erath County, together with the changes that have been discussed and set forth by Randy and the approval that we vote today will be contingent upon the County approving the contracts as amended and changed and upon them approving all five of them at their next regularly scheduled meeting. Seconded by Councilman Zelman. The motion carried UNANIMOUSLY by those members present. III. WATER PLANNING COMMITTEE REPORT. Don Davis, City Administrator, reported the Water Planning Committee met to consider Change Order #3 to the Northeast Area Interceptor Wastewater Main project and is recommending approval. Mr. Davis also stated that $1,567,000 was budgeted for these improvements. The final amount came in at $1,266,000, which is approximately $300,000 under budget. The total amount includes all the engineering, surveying, acquisition of easements, and the three change orders. He commended Danny Johnson, Bob Self and Venus Construction Co. for a job well done. Councilman Evans moved approval of Change Order #3 in the amount of $21,447.37, as recommended by the Water Planning Committee. Seconded by Councilman Hodges. The motion carried UNANIMOUSLY. IV. CONSENT AGENDA: Councilman Nix moved approval of the Consent Agenda, as listed below. Seconded by Councilman Evans. The motion carried UNANIMOUSLY by a roll call vote. A. BID SPECIFICATIONS FOR APPROVAL. 1. Asphalt 2. Aggregate, Hot Mix, Base 3. 1994 Skid Steer Loader B. PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 1. Approval of Final Plat of a Replat of Lot 1, Block 84, City Addition and part of Lot 1, Block 13, Sims Addition. 2. Approval of Site Development Plan for Lot 5, Block 84, City Addition. 3. Approval of Site Development Plan for Lot 1A, Block 92, City Addition. V. EXECUTIVE SESSION A. Status update on the pending suit of Don Blackwell vs. City of Stephenville. B. Status update on the Jones /Gardner vs. City of Stephenville lawsuit. 110M VI. ACTION TAKEN, if any, on matters discussed in executive session. A. Status update on the pending suit of Don Blackwell vs. City of Stephenville. No action taken. B. Status update on the Jones /Gardner vs. City of Stephenville lawsuit. No action taken. There being no other business to come before the Council at this time, Mayor Lohrmann adjourned the meeting at 6:15 p.m. ST: JOY56 Pemberton, City Secretary i - 91 - Lavinia Loffrmann, Mayor 0 AGREEMENT FOR FIRE SUPPRESSION BETWEEN ERATH COUNTY AND CITY OF STEPHENVILLE THIS IS AN AGREEMENT for Fire Suppression 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. City agrees to assume primary responsibility for fire suppression for the area within the boundaries of Erath County, Texas, except for the area in the County within the Dublin telephone exchange, said area to be the primary responsibility of the Dublin Fire Department. 2. City shall dispatch the number of fire units to each fire incident as it deems appropriate on a case by case basis and completely at City's discretion. 3. City shall utilize professional and volunteer firemen as it deems appropriate, at its discretion. 4. City shall immediately notify County through its Sheriff's office of each fire incident to which it dispatches fire units. 5. All of City's actions hereunder shall be performed in a reasonable and professional manner. 6. County agrees to pay City for fire suppression services based on the following schedule: Fiscal year 93 -94 $ 64,000.00 . -; Fiscal year 94 -95 $ 77,600.00 - Fiscal year 95 -96 $ 91,200.00 Fiscal year 96 -97 $104,800.00 Fiscal year 97 -98 $118,400.00 Fiscal year 98 -99 $132,000.00 The above amounts shall be payable in equal monthly installments. Each payment shall be made on or before the fifteenth day of each month that this agreement is in effect. 7. This agreement shall be extended from fiscal year to fiscal year after the fiscal year 98 -99 upon the terms for fiscal year 98 -99 unless one of the parties hereto cancels this agreement by giving the other party written notice of intent to cancel at least 90 days before the beginning of an extension year. 8. To the extent allowed by law each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. 9. It is expressly understood and agreed that in the execution of this agreement, neither County nor City waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the execution of governmental powers and functions. 10. Any amendments, alterations, deletions or waiver of provisions of this Agreement shall be valid only when expressed in writing. 11. Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested to the Party's office or usual mailing address. 12. This Agreement shall be binding upon the parties, their I legal representatives, successors and assigns. 13. 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. 14. 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 /7 day of X�� 1993. ATTEST: ethB B� arber, County Attorney COUNTY: BY: - z Bill M. Hailey, Csyanty Judge CITY: BY( � Lavinia Loflrmann, Mayor AT T: J c emberton, City Secretary APPRO P. / w � - \ Don Davis, ityf Administrator Randy Thomasity — rney I AGREEMENT FOR EMERGENCY MEDICAL SERVICES BETWEEN ERATH COUNTY AND CITY OF STEPHENVILLE THIS IS AN AGREEMENT for Emergency Medical Services 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. City agrees to assume primary responsibility for Emergency Medical Services for the area within the boundaries of Erath County, Texas, except for the area in the County within the Dublin telephone exchange, said area to be the primary responsibility of Dublin Emergency Medical Services. 2. City shall dispatch the number of Emergency Medical Service units to each incident as it deems appropriate on a case by case basis and completely at City's discretion. 3. City shall immediately notify County through its Sheriff's office of each Emergency Medical Service incident to which it dispatches EMS units. 4. All of City's actions hereunder shall be performed in a reasonable and professional manner. 5. County agrees to pay City for Emergency Medical Service runs based on the following schedule: Fiscal year 93 -94 $ 150 per run Fiscal year 94 -95 $ 160 per run Fiscal year 95 -96 $ 170 per run Fiscal year 96 -97 $ 180 per run Fiscal year 97 -98 $ 190 per run Fiscal year 98 -99 $ 200 per run I The above amounts shall be payable each month as billed. i Each payment shall be made within 15 days of notification of such amount for each month.that this agreement is in effect. In addition to the above amount City shall have the right to bill the individual patient for each Emergency Medical Service run and to retain any collections for said runs. City agrees to charge the same Emergency Medical Service base rate to City and County residents. 6. This agreement shall be extended from fiscal year to fiscal year after the fiscal year 98 -99 upon the terms for fiscal year 98 -99 unless one of the parties hereto cancels this agreement by giving the other party written notice of intent to cancel at least 90 days before the beginning of an extension year. 7. To the extent allowed by law each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. 8. It is expressly understood and agreed that in the execution of this agreement, neither County nor City waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the execution of governmental powers and functions. 9. Any amendments, alterations, deletions or waiver of provisions of this Agreement shall be valid only when expressed in writing. 10. Except as otherwise provided in this Agreement all notices — required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested to the Party's office or usual mailing address. 11. This Agreement shall be binding upon the parties, their legal representatives, successors and assigns. 12. 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. 13. 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 17 day of & Li , 1993. COUNTY: BY: ��C/ /// Z,44 Bill M. Hailey, Co Judge ATTEST: Bet arber, County Attorney CITY: BY• avinia Lohrmann, Mayor A E T: w 2Lcz�- Joy e Pemberton, City Secretary APPR ED: Don Davis, City Administrator Randy Thomas, City Attorney I AGREEMENT FOR JAIL SERVICES BETWEEN THE COUNTY OF ERATH AND CITY OF STEPHENVILLE THIS IS AN AGREEMENT for Jail Services 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 will house, support, and confine in the Erath County Jail, all persons arrested by a City police officer and charged with an offense within the jurisdiction of the municipal court. Said person is to be classified a City prisoner. Persons arrested by a City police officer and charged by complaint with an offense within the jurisdiction of the Erath County Court at Law, or Erath County District Court shall be classified a County prisoner. 2. It is mutually agreed that upon presentation to the jail by a City police officer of a City prisoner, preparation of an arrest report and delivery of prisoner property to a County Jailer, Sheriff shall be responsible for the care and custody of the City prisoner and book the City prisoner into the Erath County Jail. Sheriff shall not release from custody a City prisoner who has been booked into the Erath County Jail until his discharge from custody is lawful or bail bond is furnished through Municipal Court. 3. County will process all prisoners through its identification procedures and after booking said prisoners into the I Erath County Jail will fingerprint and photograph all City prisoners. City will hold and be responsible for the property of all City prisoners until said property has been inventoried and accepted by the County Jailer, prior to medical screening, body search, and fingerprinting. 4. County will provide City access to prisoners in Erath County Jail for purposes of interrogation, interviews, and other criminal processing. 5. City agrees to pay County the actual cost incurred for jail services for City's prisoners which is agreed to be forty dollars ($40.00) per day for each prisoner. A day shall be defined as any consecutive twenty -four hour period or any part thereof. City shall pay to County amounts due hereunder in monthly payments. Each payment shall be made on or before the fifteenth day of each month following services that this Agreement is in effect. 6. To the extent allowed by law each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. 7. County agrees to maintain and furnish proof of insurance upon its jail to cover maximum liability of County, if any, under the so- called Texas Torts Claims Act as it exists and as it may be amended from time to time. 8. It is expressly understood and agreed that, in the execution of this Agreement, neither County or City waives or shall Y be deemed hereby to waive any immunity or defense that would I otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9. The term of this .Agreement shall begin October 1, 1993, and terminate December 31, 1994. 10. Any amendments, alterations, deletions or waiver of the provisions of this Agreement shall be valid only when expressed in writing by the governing bodies of both parties. 11. Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the Party's office or usual mailing address. 12. This Agreement shall be binding upon the parties, their legal representatives, successors and assigns. 13. 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. 14. 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 17 day of 1993. COUNTY: BY. 4e % z _ Bill M. Hailey, Coun Judge ATTEST: % % &� a?G�C%eor - Nelda Crockett, County Clerk ra Coffee, er, County Attorney CITY: Lavinia L mann, Mayor ATTEST: CurltJ yc Pemberton, City Secretary APP O Don Davis, City Administrator Randy Th-oTrras, City Attorney 3 AGREEMENT FOR MUNICIPAL COURT BETWEEN THE COUNTY OF ERATH AND CITY OF STEPHENVILLE 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 1, 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 shall pay County thirty thousand dollars ($30,000.00) per year for the cost of performing the services specified in this agreement. This amount shall be paid in monthly payments of two thousand five hundred dollars ($2,500.00). Each payment shall be made on or before the fifteenth day of each month that this Agreement is in effect. 6. Fines collected for City shall be remitted to City on a weekly basis. 7. Neither County nor the Municipal Judge shall be liable to City for any failure to collect fines unless the failure to collect the fines results from some failure on the part of the Municipal Judge to perform the duties imposed by Law and by this Agreement. 8. Payments by City for services under this Agreement shall be made from current revenues as specified by this agreement and state statute. 9. To the extent allowed by law each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. 10. It is expressly understood and agreed that, in the execution of this Agreement, neither County nor City waives or I shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 11. The term of this Agreement shall begin October 1, 1993, and terminate December 31, 1994. 12. Any amendments, alterations, deletions or waiver of the provisions of this Agreement shall be valid only when expressed in writing by the governing bodies of both parties. 13. Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the party's office or usual mailing address. 14. This Agreement shall be binding upon the parties, their legal representatives, successors and assigns. 15. 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. 16. 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 17 day of 1993. COUNTY: BY • ffy�i� Bill M. Hailey, C ty Judge ATTEST: Nelda Crockett, County Clerk APPRO,yED: yn / Sarah Mille— r � Justi e of the Peace Bet Barber, County Attorney CITY: - 'Lavinia Loh-thann, Mayor ; ST' o¢ Pemberton, City Secretary AP &D: Don Davis, City Administrator Randy Th mas, City Attorney AGREEMENT FOR ASSESSMENT AND COLLECTION OF TAXES BETWEEN THE COUNTY OF ERATH AND THE CITY OF STEPHENVILLE THIS IS AN AGREEMENT for Assessment and Collection of Taxes between Erath County, Texas, hereafter County, and the City of Stephenville, 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 shall collect current and delinquent ad valorem taxes owing to City as hereinafter provided in this Agreement. County further agrees to perform for City all the duties relating to the assessment and collection of taxes for City provided by the laws of the State of Texas for the Assessment and Collection of said taxes. 2. City hereby designates the Tax Assessor - Collector of County as its tax assessor and tax collector for all purposes under the Property Tax Code, State of Texas. 3. 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 and all sums withheld from City under the provision of this Agreement. 4. City agrees to pay County eighty cents per parcel of land for each year each parcel of land has taxes assessed due and collected. City shall pay to County the total amount due County for the assessment and collection of City's taxes each month as billed. Each payment shall be made within 15 days of notification of such amount for each month that this Agreement is in effect. 5. The current taxes.collected for City shall be remitted to City on a daily basis. Delinquent taxes collected for City shall be remitted to City on a monthly basis. 6. Neither County nor County Tax Assessor - Collector shall be liable to City for any failure to collect taxes unless the failure to collect the taxes results from some failure on the part of the County Tax Assessor - Collector to perform the duties imposed by Law and by this Agreement. 7. Payments by the parties for services under this Agreement shall be made from current revenues available to the parties. B. Authorized refunds to property owners shall be made on the same check for all taxing units contracting for assessment and collection services with County. Such changes include, but are not limited to, late exemption claims, clerical errors, overpayments, etc. (this shall not include refunds that are out of this scope such as appraisal district refunds, etc.). The amount of City's refund shall be remitted by City to County within 15 days of notification of such amount. Such refunds shall be reported in detail in the monthly report furnished by County to City. 9. To the extent allowed by law each party to this agreement will indemnify and hold the other party harmless from and against any and all loss, damage, liability, claim or injury resulting from all action performed by that party or its agents in connection with this agreement. I 10. It is expressly understood and agreed that, in the execution of this Agreement, neither County or City waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 11. The term of this Agreement shall begin October 1, 1993, and terminate December 31, 1994. 12. Any amendments, alterations, deletions or waiver of the provisions of this Agreement shall be valid only when expressed in writing by the governing bodies of both parties. 13. Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the party's office or usual mailing address. 14. This Agreement shall be binding upon the parties, their legal representatives, successors and assigns. 15. 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. 16. 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 17 day of U _ , 1993. COUNTY: By: Bill M. Hailey, Cou y Judge ATTEST: Nelda Crockett, County Clerk APPROVED: / �. nnifet Schlicke, Erath County I�Ax Beth Barber, County Attorney CITY: By, 7 ��avinia Lohrignn, Mayor TE T: yce Pemberton, City Secretary AP tz D: Don avis, �py llY" "" iit Administrator Randy Thomas, City Attorney