City Council Meetings
Regular MeetingMineral Wells, TX · December 20, 2016
Minutes
MINUTES
REGULAR MEETING
MINERAL WELLS CITY COUNCIL
CITY HALL ANNEX
December 20, 2016 – 6:00 pm
City Councilmembers present were Mayor Mike Allen, Mayor Pro-Tem John
Upham, Councilmembers Clif Wright, Jerrel Tomlin, Tammy Underwood, and
Wayne Johnson. Councilmember Brian Reagan was absent. A quorum of
City Councilmembers was present
Staff members present were City Manager Lance Howerton, Police Chief
Dean Sullivan, Finance Director John Moran, Public Works Director
Kelly Jones, Fire Chief Mike Pool, City Clerk Juanita Formby, and City
Attorney George Gault.
Mayor Allen called the meeting to order, Pastor Brian Nierman of First
Christian Church of Mineral Wells gave the invocation, and the Pledges
of Allegiance to the U.S. and Texas were recited.
CITIZEN COMMENT
No one had signed to speak.
Mayor Allen made a special presentation to City Attorney George Gault,
who is retiring at the end of December 2016. Mr. Gault has served as
City Attorney for thirty-seven years.
10. Mayor Allen moved agenda item No. 10 up to be considered first,
as representatives of the law firm Messer, Rockefeller, and Fort were
present. A subcommittee of the City Council (Mayor Allen,
Councilmembers Clif Wright and Wayne Johnson) had interviewed firms
and individuals who responded to the City’s Request for Qualifications
and now recommends this firm to replace Mr. Gault to serve as City
Attorneys. Messer Rockefeller and Fort is a firm in Frisco, Texas who
specialize in Municipal Law. Partners in this firm who were present
were Brenda McDonald, Mack Reinwand, and Courtney Kuykendall. They
introduced themselves to the City Council and told a little about
their firm and the extensive municipal experience of their associates
(though they acknowledged that none of them had thirty-seven years of
municipal practice, as did Mr. Gault). Ms. Kuykendall lives in
Weatherford, and she will attend the City Council meetings. It was
offered to the City Council that the full City Council be given an
opportunity to interview this firm and their runners-up, but that was
declined by the remaining Councilmembers; Mrs. Underwood said she was
comfortable to accept the recommendation of the committee. Mr.
Howerton said that a formal agreement between the parties will be
presented to the City Council at their next meeting.
Also, the Committee received a recommendation from City staff that the
appointed City Attorney(s) be relieved of the duty of municipal court
prosecutor, and that responsibility be reassigned to local attorney
Mineral Wells City Council Minutes 12/20/2016 Page 1 of 3
Eddie McClendon, who is currently serving as Associate Municipal Court
Judge.
Mr. Upham moved and Mr. Wright seconded to approve the following
CONSENT AGENDA, and the motion carried 6-0:
1. Consider minutes of previous meetings held December 6, 2016.
2. Consider approval of budgeted expenditures over $500.
3. Consider approval of Independent Building Consultant’s invoice in
the amount of $5,992.50
4. Consider approval of a resolution to accept a donation of two 40-
inch TV monitors from Walmart.
5. Consider approval of financial reports for the month ended
September 2016.
ITEMS FOR INDIVIDUAL CONSIDERATION
6. Mr. Howerton said that for a number of years the City has had a
surplus T-38 aircraft from the United States government on static
display at the Municipal Airport, the cost of which was borne by
the Kessler Family Foundation as a gift to the City. The
aircraft has sustained hail and storm damage over the past couple
of years and is in need of repair, at an anticipated cost of
$20,000. Insurance proceeds will cover $10,000 of that, and the
Kessler Family Foundation has agreed to donate $5,000 towards the
repairs. The Airport Board has met and now recommends that the
City use funds from the Airport Fund to make up any difference in
the cost of repairs, not to exceed $7,500. Mr. Wright moved and
Mr. Upham seconded to approve an expenditure from the Airport
Fund not to exceed $7,500 to effect repairs to the T-38 static
display aircraft at the Airport. Motion carried 6-0.
7. Mr. Moran reminded the City Council that on November 1, 2016
they authorized staff to advertise and receive bids for Master
Lease Financing for police vehicles, and a tractor for the
Municipal Airport, in the total amount of $250,000. Two bids
were received and opened on December 1, 2016, from First
Financial Bank and First National Bank of Texas. Mr. Moran
recommended that the City Council accept the bid of First
National Bank of Texas at an interest rate of 1.76%, and
authorize the Mayor to execute associated contractual documents.
Mr. Upham so moved, Mrs. Underwood seconded, and the motion
carried 6-0.
Mineral Wells City Council Minutes 12/20/2016 Page 2 of 3
8. Mrs. Formby reported that staggered terms of the Palo Pinto County
Municipal Water District No. 1 Board expire on the last day of
December each year, this year it is the terms of Board members Dr.
David Turk and Mr. Don Crawford. Each of these gentlemen has asked
to be reappointed to new terms which will expire 12-31-2018.
Staggered terms on the Mineral Wells Housing Authority Board expire
on the last day of January 2017. Ms. Carolyn Shipp, Mr. Carl Turner,
and Ms. Eva Davis have each agreed to serve additional terms which
will expire January 31, 2019.
The Mayor’s Committee on Boards and Commissions (Councilmembers
Underwood and Upham) has recommended the reappointment of these
sitting members. Mr. Wright moved and Mr. Upham seconded to accept
the recommendations of the Mayor’s Committee on Boards and
Commissions and make the subject reappointments. Motion carried 6-
0.
9. Mr. Howerton, Chief Sullivan, and Kelly Jones discussed a new
traffic control system being considered for the intersection of S.E.
25th Avenue and S.E. Martin Luther King Jr. Street. This location
had seen a number of accidents, the two-way stop sign is not enough
control. However, a full signal is very expensive and the City of
Mineral Wells does not install and maintain traffic signals, as they
are confined to state highways. The City has researched a warning
system and recommends it for purchase and installation, which will
employ radar sensors that will activate flashing warning lights for
the north and southbound traffic on S.E. 25th Avenue; and flashing
lights on the existing “Cross Traffic Does Not Stop” warning signs
on S.E. MLK Jr. Street and S. Murco Drive. There is $25,000 allocated
for this purchase in the Street Department budget for 2016-2017.
Mr. Wright moved and Mrs. Underwood seconded to approve the purchase
of the enhanced traffic control safety devices for the intersection
of S.E. 25th Avenue and S.E. Martin Luther King Jr. Street/S. Murco
Drive. Motion carried 6-0.
11. There was no further business, and the meeting was adjourned
at 6:33 pm.
/s/ Mike Allen, Mayor
ATTEST:
/s/ Juanita Formby, City Clerk
APPROVED: 01-03-2017
Mineral Wells City Council Minutes 12/20/2016 Page 3 of 3
Agenda
City of Mineral Wells
P O Box 460, Mineral Wells, Texas 76068
Telephone: 940.328.7700 Fax: 940.328.7704
NOTICE OF MEETING
(Note: Disabled persons requiring special assistance are requested to notify the City of Mineral Wells 24 hours in
advance of the meeting by calling the City Clerk’s office at 940.328.7702)
The Mineral Wells City Council will hold a regular meeting at 6:00 p.m. on Tuesday, December 20,
2016 in the City Council Chambers at the City Hall Annex, 115 S.W. 1st Street, Mineral Wells, Texas to
consider the following agenda:
Call to Order
Invocation - Pastor Brian Nierman of First Christian Church of Mineral Wells
Pledges of Allegiance to the U.S. and Texas flags
CITIZEN COMMENT
Citizens must provide information required on Speaker Card. The Speaker Card must be given to the City Clerk
before the meeting starts. The Council requests that comments be limited to three (3) minutes. The Texas Open
Meetings Act provides the following:
(a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires
about a subject for which notice has not been given as required by this subchapter, the notice provisions
of this subchapter do not apply to:
(1) a statement of specific factual information given in response to the inquiry; or
(2) a recitation of existing policy in response to the inquiry.
(b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the
subject on the agenda for a subsequent meeting.
CONSENT AGENDA
1. Consider minutes of previous meeting held December 6, 2016.
2. Consider approval of budgeted expenditures over $500.
3. Consider approval of Independent Building Consultant’s invoice in the amount of $5,992.50
4. Consider approval of a resolution to accept a donation of two 40-inch TV monitors from
Walmart.
5. Consider approval of financial reports for the month ended September 2016.
Mineral Wells City Council Agenda 12/20/2016 Page 1 of 2
ITEMS FOR INDIVIDUAL CONSIDERATION
6. Consider approval of funding not to exceed $7,500 for repair of T-38 static display at Mineral
Wells Municipal Airport.
7. Consider award of bid for tax exempt lease/purchase financing.
8. Consider recommendation from the Mayor’s Committee on Boards and Commissions regarding
appointments/reappointments to the Palo Pinto County Municipal Water District No. 1 Board of
Directors and to the Mineral Wells Housing Authority Board of Directors.
9. Consider purchase of Enhanced Traffic Control Safety Devices for the intersection of S.E. 25th
Avenue and S.E. Martin Luther King Jr. Street at S. Murco Drive in the amount of $17,096.08.
10. Receive update on City Attorney selection process.
11. Adjourn
State of Texas §
City of Mineral Wells §
I hereby certify that notice of this meeting of the Mineral Wells City Council was posted by 5:00 o’clock pm on this 15th day of December,
2016.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of December, 2016.
(SEAL)
______________________________
Juanita Formby, City Clerk
Mineral Wells City Council Agenda 12/20/2016 Page 2 of 2
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