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HomeMy WebLinkAbout1987-04-20 - Special City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON MONDAY, APRIL 20, 1987 - 6:00 A.M. AT HOLIDAY INN ITEM I• CALL TO ORDER. The special meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: Larry Hammett Members: Bob Self Wm. G. "Bill" Brede Allen Horne Maxine Dameron James L. "Jim" McSwain Ray Reynolds Larry Tatum and with the following members absent: None Others attending were: Kurt Ackermann, City Administrator Joyce Pemberton, Joseph Chandler, Charlene Young, Danny Johnson, Douglas Conner, John Seifert, City Secretary City Attorney Director of Finance Director of Public Works Chief of Police Private Citizen ITEM II: CITIZEN REQUESTS AND OTHER COMMUNICATIONS. A. Camnunications & Personal Appearances by Citizens. NONE. B. Matters by Councilmenbers. 1. Hear report from Mayor Hammett regarding uxmnittee assignments. Mayor Larry Hammett commented that he hoped the councilmem- bers were satisfied with the committee appointments. He said he had been able to get all of them on at least two committees for which they had expressed a preference. He noted that some of the committees (3) that have only two members this is due to one council place being vacant. When the election is held in August these vacancies will be filled by the newly elected councilmenber. Mayor Hammett advised that there were three cc mittees that have outstanding assignments. He asked that those committees continue with these assignments until they are resolved as it would not be fair to put a new member on these assignments at this time. 2. Hear report from Franchise Utilities Committee regarding water rates. Mayor Larry Hammett reminded the Council that in the last meeting the Council had decided to take the water rate infor- mation they had been presented by the Customer Service Dept. to study and maybe the Director of Public Works could gather sane more information for this meeting. Director of Public Works Danny Johnson advised that of the 68 cities surveyed by the Texoma Regional Water Association there are 21 cities with lower rate structures that Stephen- ville and the rest are higher on the 5/8" residential meters. On 50,000 gallons consumption, the average is about the same. - 396 - Stephenville's rates from 50,000 gallons up are higher than most of those 68 cities. He said a lot of cities charge a minimum charge for each size meter, but they don't charge as much as Stephenville does. Director of Finance Charlene Young presented a "Water Rate Analysis" for the past five (5) years (copy attached to and becoming a part of these minutes). Councilman Bob Self commented that maybe the $2.75 /gallon over 50,000 gallons was not a realistic figure for Tarleton State University and the Council might should look at lowering that rate and raising it at a higher number of gallons. There needs to be some incentive for water conser- vation, if for no other reason than the water rights applica- tion before the Board in Austin. The Council discussed at length the water rate structure and the "demand" meter charges and alternative means to bring in the budgeted revenues. City Administrator Kurt Ackermann commented that if revenue is cut then expenses must be cut. If TSU's rates are cut then other rates must be raised to offset the difference. After discussion, Councilman Larry Tatum moved to leave the water rate as they are until budget time. Councilman Bill Brede seconded the motion. After more discussion, question was called and the motion carried by the following vote: AYES: Councilmembers Bob Self, Larry Tabun, Bill Brede, and Mayor Larry Hammett. NOES: Councilmembers Allen Horne, Ray Reynolds, and Maxine Dameron. ABSTAINED: Councilmanber Jim McSwain (conflict of interest). Councilman Allen Horne moved that the city staff consult a water rate consultant, get their advice and report back to the Council. Councilman Ray Reynolds seconded the motion. The motion carried by the following vote: AYES: Councilmembers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Ray Reynolds, Larry Tatum, and Mayor Larry Hammett. NOES: None ABSTAINED: Councilman Jim McSwain (conflict of interest). ITEM III: CONSENT AGENDA: All items listed below are considered routine by the City Council and are enacted with one motion. E. Ordinances & Resolutions: AN ORDINANCE AUTHORIZING JOSEPH A. CHANDLER, CITY ATTORNEY, To FILE PROCEEDINGS TO CONDEMN AND ACQUIRE ON BEHALF OF THE CITY OF STEPHENVILLE AN EASEMENT FOR CONSTRUCTION OF A SANITARY SEWER LINE ON AND ACROSS 10.82 ACRES OF LAND OUT OF THE H. C. HUDSON SURVEY IN ERATH COUNTY, TEXAS, AGAINST RICHARD MCDONALD AND WIFE, JANE E. MCDONALD, THE OWNERS OF SAID LAND AND OIT MILLER AND MARY L. MILLER, WHO HOLD A LIEN AGAINST SAID LAND, AND TO PROSECUTE SAID OONDEMNATION PROCEEDINGS IN THE MANNER PRESCRIBED BY LAW. Councilman Bob Self said he had called Richard McDonald after the council meeting of April 13, 1987 and they could not reach an agreement. Others have contacted him since that time and, at this time, there is no resolution. City Administrator Kurt Ackermann said he and Danny Johnson, Director of Public Works, had talked with Mr. McDonald and he - 397 - had requested three (3) sewer taps. The Council had taken the position that the City would only provide one (1) tap per resi- dence. The Council was polled on Thursday and it was the consen- sus to stay with the policy of only one (1) tap. Danny Johnson advised that he had talked with Mr. McDonald on Thursday night and he had said he hoped the Council would be able to provide the three taps and that he would just wait and see. Councilman Bob Self moved approval of the Consent Agenda as written. Councilman Allen Horne seconded the motion. The motion carried by the following roll -call vote: AYES: Councilmembers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Jim McSfaain, Ray Reynolds, Larry Tatum, and Mayor Larry Hammett. NOES: None. ITEM IV: PUBLIC HEARINGS: NONE ITEM V: CITY AIMINISTRATOR'S REPORT. Hear report from City Secretary regarding City Council Rules & Procedures and Executive Sessions /Open Meetings Law. City Secretary Joyce Pemberton addressed the Council reminding than of the state statute regarding "Conflict of Interests" and asked the Council to review each agenda with this in mind. If there is a conflict of interest to be sure to sign an affidavit to that effect. Mrs. Pemberton also discussed portions of the City Council Rules & Procedures Manual (i.e., Committee Reports and written requests for items to be on agenda). After discussion, it was the consensus of the Council that committee chairpersons will at the end of each committee meeting smmmarize the recommendation to the Council on the tape and /or the committee reports will be over the chairman's signa- ture, therefore the chairman must review it before it is mailed to the Council in the agenda packets. It was also the consensus of the Council that the Committee Reports be taken off the Consent Agenda and be a separate agenda item. Mayor Hammett advised the Council that from this date on he will require a motion for an item to be assigned to committee. If there are sufficient facts for a decision to be made, he will expect a motion for approval or disapproval. It was the consensus of the Council that the City Secretary will call the committee chairmen to remind than they have committee assignments out and need to have a committee meeting. The committees that have assignments are to give status reports at each regular meeting. Mrs. Pemberton also reminded the Council of the Open Meetings law regarding executive sessions and what can and cannot be discussed during executive sessions. ITEM VI: Mayor Larry Hammett recessed the open meeting to call the Council into Executive Session as provided in the Open Meetings Law, Vernon's Texas Civil Statutes, Article 6252 -17, Section 2(e)(g), for the pur- pose of discussing: 1. Hear report from Chief of Police Doug Conner regarding matters of personnel. 2. Hear report from Director of Public Works Danny Johnson regarding acquisition of easements. Mayor Larry Hammett reconvened the Council into open session and the following action was taken: OE 1. Councilman Allen Horne moved that $5,500 be appropriated from Account #0103111 (Fire Department Salaries) and put into Account #0109111 (Police Department Salaries) for the purpose of hiring one (1) investigator for the Police Department. Councilman Larry Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 2. Councilman Ray Reynolds moved that the City cease negotiations for the acquisition of sewer line easements and all those property owners that have not signed the easements by May 5,1987 the City Council authorize Mr. Chandler to start condemnation proceedings. Councilman Allen Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VII: ADJOURN=. There being no other business to cone before the Council at this time, Mayor Hammett adjourned the meeting at 7:45 a.m. ATTEST: - 399 - 0109111 Police Salaries BUDGET AMENDMENT 04/20/87 ice $5,500 I 0103111 Fire Salaries $5,500 ORDINANCE NO. 1987 -8 AN ORDINANCE AUTHORIZING JOSEPH A. CHANDLER, CITY ATTORNEY TO FILE PROCEEDINGS TO CONDEMN AND ACQUIRE ON BEHALF OF THE CITY OF STEPHENVILLE AN EASEMENT FOR CONSTRUCTION OF A SANITARY SEWER LINE ON AND ACROSS 10.82 ACRES OF LAND OUT OF THE H. C. HUDSON SURVEY IN ERATH COUNTY, TEXAS, AGAINST RICHARD McDONALD AND WIFE, JANE E. McDONALD, THE OWNERS OF SAID LAND AND OTT MILLER AND MARY L. MILLER, WHO HOLD A LIEN AGAINST SAID LAND, AND TO PROSECUTE SAID CONDEMNATION PROCEEDINGS IN THE MANNER PRESCRIBED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: The City of Stephenville requiring an easement for public purposes and having failed to agree with the owners upon the damages and consideration to be paid and given to Richard McDonald and wife, Jane E. McDonald, and to Ott Miller and Mary L. Miller, the owners and lienholders, for easement for sanitary sewer line of the following described land: Field notes of a 20 foot wide sewer line easement out of the H. C. Hudson Survey, Abstract No. 342 in Erath County, Texas, and being within that certain 10.82 acre tract of land conveyed by warranty.deed with vendor's lien from Ott Miller et ux to Richard McDonald et ux, as recorded in Volume 690, page 136 of the Erath County Deed Records, the centerline of which is described as follows: BEGINNING at a point in the south line of said 10.82 acre tract, from which point the SW corner of said 10.82 acre tract bears S 66° 39' 55" W, 226.54 feet; THENCE leaving the south line of said 10.82 acre tract with the centerline of said 20 foot wide sewer line easement N 28° 14' 53" W, 500.63 feet and S 88° 51' 08" W, 131.84 feet to a point in the west line of said 10.82 acre tract for the point of termination hereof, from which point the NW corner of said 10.82 acre tract bears N 04° 17' 38" W, 52.01 feet; Accompanying the above described centerline of said 20 foot wide sewer line easement is a 50 foot wide construction easement, being 25 feet North of and parallel with the centerline of said 20 foot wide sewer line easement and 25 feet south of and parallel with the centerline of said 20 foot wide sewer line easement. Joseph A. Chandler, City Attorney is hereby authorized on behalf of the City of Stephenville to file proceedings to condemn the above described land for purposes of such easement, such suit to be against Richard McDonald and Jane E. McDonald, owners, and Ott Miller and Mary L. Miller, lienholders. PASSED and APPROVED this 4(itday of April, 1987. �4CtM.tA_ 1d`' Mayor ST: i y ecretary dote Heowo form heuribed by Secrebtrn of State Section 4.007, VT.C.A. Election Code _ WRIT OF ELECTION TO THE PRESIDING JUDGE OF PRECINCT NO. ALL YOU ARE HEREBY ORDERED TO HOLD AN ELECTION AT THE FOLLOWING POLLING PLACE ON THE DATE STATED BELOW BETWEEN THE HOURS OF 7:00 A.M. and 7:00 P.M. Location of Polling Place City Recreation Building 378 W T nng Date of Election August 8. Nature of .Election Special Election Number of Clerks You May Appoint for this Election No more than eight Signature Authority Larry Hammett MaVor Title of Authority j