Pampa City Commission September 29, 2014 4:00 p.m. · Pampa City Commission . September 29, 2014 . 4:00 p.m. ... Cecelia Cloud Betty Peeler Leroy ... Roxanne Giles Kacy Presson Joe

Special Meeting of the:

Pampa City Commission September 29, 2014

4:00 p.m. City of Pampa 201 W. Kingsmill St. P.O. Box 2499 Pampa, Texas 79066-2499 Phone: 806-669-5750 Fax: 806-669-5767

CITY OF PAMPA AGENDA INFORMATION SHEET

AGENDA ITEM NO. 1

ITEM/PROJECT: MINUTES

MEETING DATE: September 29, 2014

DESCRIPTION: Consider approving the minutes of the September 23, 2014 Regular Commission Meeting and the September 22, 2014 and September 26, 2014 Special Commission Meetings as presented.

STAFF CONTACT: Karen Price

FINANCIAL IMPACT:

SOURCE OF FUNDS:

START/COMPLETION SCHEDULE:

RECOMMENDED ACTION:

BACKGROUND/ ADDITIONAL INFORMATION:

Minutes for each meeting attached.

MINUTES OF THE CITY COMMISSION OF THE CITY OF PAMPA, TEXAS

REGULAR MEETING TUESDAY, SEPTEMBER 23, 2014

M.K. BROWN AUDITORIUM

CALL TO ORDER: Mayor Brad Pingel at 5:30 p.m. PRESENT: Brad Pingel Mayor John Studebaker Commissioner Chris Porter Commissioner Robert Dixon Commissioner Karen McLain Commissioner ABSENT: None STAFF: Richard Morris City Manager Shane Stokes Asst. City Manager Leland Waters City Attorney Karen Price City Secretary

Robin Bailey Finance Director Donny Hooper Public Works Director Kelly Rushing Chief of Police

Kim Powell Fire Chief VISITORS: SEE ATTACHED LIST OF VISITORS NEWS MEDIA: Lindsey Tomaschik Pampa News Mike Ehrle KGRO Radio INVOCATION: Matt Green Asst. Pastor Briarwood Church PLEDGE OF ALLEGIANCE PLEDGE ALLEGIANCE TO TEXAS FLAG PUBLIC COMMENTS:

Ken Cambern-For Budget Cuts 1900 Evergreen St.

Judy Cambern-For Budget Cuts 1900 Evergreen St.

Mike Rummerfield-For Budget Cuts 1431 Dogwood

Linley Leeper-For Budget Cuts/Want to Speak During Budget Discussion 1900 Evergreen St.

Cindy Silva-Against Budget Cuts/For City of Pampa Employees 1723 Dogwood Lane

Roxane Funderburk-For Budget Cuts 1831 Lynn St.

Vickie Halliburton-For Budget Cuts 421 E. Kingsmill St.

Robert Goodwin-Spoke on property purchased at the Tax Sale 704 N. Gray

Cecilia Cloud-For Budget Cuts 404 Jupiter St.

AUTHORIZATIONS BY CITY COMMISSION:

14-129

1. Consider approving the minutes of the September 9, 2014 Regular Commission Meeting and the September 16, 2014 Special Commission Meeting as presented.

A motion was made by Commissioner Dixon and Seconded by Commissioner McLain to approve the minutes of the September 9, 2014 Regular Commission Meeting and the September 16, 2014 Special Commission Meeting as presented, with each Commission Member voting AYE, the motion carried.

14-130 2. Excuse the absence of Commissioner John Studebaker from the September 9, 2014

Regular Commission Meeting. A motion was made by Commissioner Porter and Seconded by Commissioner McLain to excuse the absence of Commissioner John Studebaker from the September 9, 2014 Regular Commission Meeting, with each Commission Member voting AYE, the motion carried.

14-131

3. Consider approving on first reading Ordinance No. 1624, an Ordinance of the City of

Pampa, Texas adopting its Operating Budget for the 2014-2015 Fiscal Year. This budget allows for the City to continue provide effective public services, programs and assistance to Pampa residents for the upcoming year.

ORDINANCE NO. 1624

AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT OF THE CITY OF PAMPA FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, APPROPRIATING MONEY TO A SINKING FUND TO PAY INTEREST AND PRINCIPAL DUE ON THE CITY’S INDEBTEDNESS; AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF PAMPA FOR THE 2014-2015 FISCAL YEAR.

A motion was made by Commissioner Porter and Seconded by Commissioner Dixon to approve on first reading Ordinance No. 1624, an Ordinance of the City of Pampa, Texas adopting its Operating Budget for the 2014-2015 Fiscal Year. This budget allows for the City to continue providing effective public services, programs and assistance to Pampa residents for the upcoming year, with Mayor Pingel, Commissioner Studebaker, Commissioner Porter, Commissioner Dixon and Commissioner McLain voting AYE, the motion carried.

14-132 4. Consider adopting on second and final reading Ordinance No. 1623, an Ordinance of the

City of Pampa, Texas approving a settlement Agreement between the Alliance of Xcel Municipalities and Southwestern Public Service Company.

ORDINANCE NO. 1623

AN ORDINANCE OF THE CITY OF PAMPA APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) AND SOUTHWESTERN PUBLIC SERVICE COMPANY (“SPS” OR “COMPANY”) REGARDING THE COMPANY’S

STATEMENT OF INTENT TO CHANGE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THE CITY’S RATE CASE EXPENSES REASONABLE; DIRECTING SPS TO REIMBURSE THE CITY ITS REASONABLE RATE CASE EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETING ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR RESOLUTIONS INCONSISTENT WITH THIS ORDINANCE AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL

A motion was made by Commissioner Dixon and Seconded by Commissioner Studebaker to adopt on second and final reading Ordinance No. 1623, an Ordinance of the City of Pampa, Texas approving a settlement Agreement between the Alliance of Xcel Municipalities and Southwestern Public Service Company, with each Commission Member voting AYE, the motion carried.

14-133 5. Consider approving on first reading Ordinance No. 1626, an Ordinance of the City of

Pampa, Texas adopting an amended Water Conservation and Drought Contingency Plan.

ORDINANCE NO. 1626

AN ORDINANCE OF THE CITY OF PAMPA, TEXAS, PROVIDING THAT ORDINANCE NO. 1342 ADDING DIVISION 3 OF ARTICLE II OF CHAPTER 20 TO THE CODE OF ORDINANCES ADOPTING A DROUGHT CONTINGENCY PLAN, AS AMENDED BY ORDINANCE NO. 1374 AND ORDINANCE NO. 1563, BE AMENDED TO ADOPT A WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AND PROVIDING FOR SEVERABILITY;

A motion was made by Commissioner Studebaker and Seconded by Commissioner Porter to approve on first reading Ordinance No. 1626, an Ordinance of the City of Pampa, Texas adopting an amended Water Conservation and Drought Contingency Plan, with each Commission Member voting AYE, the motion carried. ADJOURNMENT There being no further business on the agenda, the meeting was adjourned at 6:36 p.m. by Mayor Brad Pingel. Karen L. Price, City Secretary Brad Pingel, Mayor

VISTOR REGISTER City Commission Special Meeting

M.K. Brown Auditorium September 23, 2014

Becky Fulton Cindy Silva Jodi Allen Lynly Leeper Ken Cambern Lupi Juarez Joe Palma Kerri Lake Bo Lake Jon Hammond Rebecca Pate G. Heard M. Heard Lindsey Tomaschik Mike Ehrle Phillis Garner Elaine Johnson Steve Phillips Wayne Terry Johnny Berry Tracy Stroud Gayla Pickens Roxane Funderburk Shonda Meadows Sheila Eccles Jeff Andrews Christy Robinson Mark McVay Dean Bliss Louan Suttle Alva Joe Cox Cecelia Cloud Rick Nelson Denney Jeff McCormick Allen Price Phyllis Jeffers Gayla Rigdon Therese Noble Julia Wood Gary Turley Vicky Halliburton Tom Turner Neoma Turner Jackie Harper M. Hubert Bula Cox Tommy Cox Betty Peeler Jil Arias Dale Garner Mike Rummerfield Jerry Carr Matt Green Wes Schaffer Robert Goodwin Debbie Taylor Linda Crawford Roger Crawford Leroy Hill Randy and Jenny Welch Normal Peeler Neal Gardner Kim Powell Jan Morris Judy Cambern Brenda Tucker Juan Carlos Correa Joe Martinez Brandie Wallin Neil Fulton Twila Devoll Monty Montgomery Debbie Heiser Ron Gittemeir Jason Bagwell Susan Henderson Mike Price Walt Miller Audrey Meaker Cleo Meaker Joe Mack Millican Dwight Dennis John Tripplehorn Teresa Heckman Nick Gittemeir Nathan Bailey


SPECIAL MEETING MONDAY, SEPTEMBER 22, 2014

M.K. BROWN AUDITORIUM


Robin Bailey Finance Director Kelly Rushing Chief of Police

Kim Powell Fire Chief VISITORS: SEE ATTACHED LIST OF VISITORS NEWS MEDIA: Lindsey Tomaschik Pampa News Mike Ehrle KGRO Radio INVOCATION: Lynn Hancock City Commission Chaplain PLEDGE OF ALLEGIANCE PLEDGE ALLEGIANCE TO TEXAS FLAG PUBLIC COMMENTS:

Roxanne Funderburk-Against Tax Rate 1831 Lynn St.

Mike Price-Against Tax Rate 405 Linda St.

Judy Cambern-Against Tax Rate 1900 Evergreen St.

Debbie Heiser-Against Tax Rate 1413 N. Russell

John Cambern-Against Tax Rate 1700 Coffee St.

Linley Leeper-Against Tax Rate 1900 Evergreen St.

Vickie Halliburton-Against Tax Rate 421 E. Kingsmill St.

Billie Giles-Against Tax Rate 1331 Charles St.

Raymond Smith-Against Tax Rate 615 N. Faulkner St.


14-126

1. Consider and take appropriate action on the City Commissions intent to adopt an Ordinance to set a tax rate of $0.717584 or any lesser rate, per $100.00 valuation on taxable property.

A motion was made by Commissioner Studebaker and Seconded by Commissioner McLain to consider and take appropriate action on the City Commissions intent to adopt an Ordinance to set a tax rate of $0.717584 or any lesser rate, per $100.00 valuation on taxable property. A motion was made by Commissioner Studebaker to amend Resolution No. R14-006 by striking the Tax Rate of $0.717584 per $100.00 valuation and inserting a Tax Rate of $0.665 per $100.00 valuation on taxable property. MOTION DIED FOR LACK OF SECOND.

14-127

A motion was made by Commissioner Porter and Seconded by Commissioner McLain to amend Resolution No. R14-006 by striking the Tax Rate of $0.717584 per $100.00 valuation on taxable property and inserting a Tax Rate of $0.645 per $100.00 valuation on taxable property, with Mayor Pingel, Commissioner Porter, Commissioner Dixon and Commissioner McLain voting AYE, and Commissioner Studebaker voting NAY, the motion carried as amended. THIS VOTE WAS TO SET A TAX RATE OF $0.621027.

14-128

A motion was made by Commissioner Dixon and Seconded by Commissioner Porter to amend Motion #14-127 made by Commissioner Porter by inserting the Tax Rate of $0.621027 per $100.00 valuation on taxable property instead of $0.645 per valuation on taxable property, with Mayor Pingle, Commissioner Porter, Commissioner Dixon and Commissioner McLain voting AYE and Commissioner Studebaker voting NAY, the motion carried. THIS VOTE WAS A VOTE TO AMEND THE RATE IN MOTION #14-127 TO $0.621027. ADJOURNMENT There being no further business on the agenda, the meeting was adjourned at 6:50 p.m. by Mayor Brad Pingel. Karen L. Price, City Secretary Brad Pingel, Mayor

VISTOR REGISTER City Commission Special Meeting

M.K. Brown Auditorium September 22, 2014

Kelly Cambern Roy D. Stephens Colby Brown Kimberly Brown Gary Turley Vivinni Jeter Brenda Tucker LeRoy Cox Mike Price Rebecca Baten Debbie Wildcat Dale Garner Rebecca Pate Susan Henderson Leroy Hill Tommy Parks Wes Schaffer Geno Shuck Therese Noble Shawn Grady Franklin Batson Miles Cook Karri Smith Doug Johnston Michael Davidson Vicky Halliburton Dean Bliss Debbie Taylor Debbie Heisner Rodnie Winborne John Cambern Diane Waters Phillis Garner Jeff Andrews David Perkins Barbara Cox Lori Byrne Julia Wood Jodi Allen Kim Powell Tracy Stroud Roxane Funderburk Nathan Sprinkle Tracy Washington Twila Devoll Mary Fulton Robert Dixon Laura Loughmiller Cecelia Cloud Betty Peeler Leroy Peeler Tonie Bolin Pam Dalton Colden Fortenberry Charlene Gardner Joe Palma Johnny Berry Joseph Stiles Becky Fulton Marissa Lucero Brian Massey Brandie Wallin Rick Crosswhite Kerri Lake Bo Lake Wayne Terry Cindy Silva Randy Dunham Kim Dunham Jamie Almanza Bill Shelton Dennis Golleher John Thomas Jerrod Cambern Leslie Cambern Neal Gardner Aileen Boyd Jan Morris Scott Hahn Roberta Babb Mike Keagy Aubrey Hill Judy Cambern Ken Cambern Lynly Leeper Brenda Donelson Bubba Stevens Ben Ponce Roxie Powers Alec Shaw Roxanne Giles Kacy Presson Joe Martinez Marie Niccum John M. Evans Misty Guy Stephanie Wagner Joy Shipley Caprice Mayhew Katrina Bigham Beth Shannon Willard E. Kipe K Hucks Dwight Dennis Gerald Heard May Heard Steven Phillips Mike Rummerfield Orville Blades June Robbins Joan Galloway Juan Carlos Corvere Mike Ehrle Gayla Pickens

Jon Hammond Jason Roberts Billie Bruner Mike Ball Lori Voss Lupi Juarez Tommy Adams Suzanne Pingel Autumn Schaub Sheila Webb Judy Peet Becky McGivern Mike McGivern Ted Rodger Nicki Gittemeier Ron Gittemeier Mike Cox Ronnie Anderson Joe Mack Millican Allen Trimble Donna Darling Debbie McDonald Paulette Hinkle Dana Whinery Shonda Meadows Ed Robinson Linda Crawford Roger Crawford Jack Hilton Neil Fulton Jeff McCormick Sr. Anne Briggs Judy Riley Louan Suttle Linda Laycock M. Hubert Randy and Jenny Welch Zed Richards Lee Bolton Jil Arias Jason Bagwell Sandra Schuneman Della Hulsey Carol Martin Nick Mart Jerry Tomachik Cody Brown Craig Harcom Rob Hampton Jim Free Melinda Parks


SPECIAL MEETING FRIDAY, SEPTEMBER 26, 2014


Robin Bailey Finance Director Kim Powell Fire Chief VISITORS: Paulette Hinkle Dale Gardner

Roxann Funderberk Kenneth Hopson Elaine Johnson Neal Gardner Mike Rummerfield Zed Richards Jil Arias Becky Fulton Phyllis Garner Dean Bliss Vicky Halliburton Jeff Andrews Kerri Lake Dennis Palmitier Diane Waters Gayla Pickens Julia Wood Gerald Heard Mary Heard Jan Morris

NEWS MEDIA: Lindsey Tomaschik Pampa News Mike Ehrle KGRO Radio PUBLIC COMMENTS:

Roxane Funderburk, 1831 Lynn Street - Spoke on Facebook posting concerning retaliation on Lynly Leeper for expressing concerns to our Tax Rate and Budget Mike Rummerfield, 1431 Dogwood - Had Budget question


14-134

1. Consider adopting on second and final reading Ordinance No. 1624, an Ordinance of the City of Pampa, Texas adopting its Operating Budget for the 2014-2015 Fiscal Year.

ORDINANCE NO. 1624

AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT OF THE CITY OF PAMPA FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, APPROPRIATING MONEY TO A SINKING FUND TO PAY INTEREST AND PRINCIPAL DUE ON THE CITY’S INDEBTEDNESS; AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF PAMPA FOR THE 2014-2015 FISCAL YEAR.

A motion was made by Commissioner McLain and Seconded by Commissioner Dixon to adopt on second and final reading Ordinance No. 1624, an Ordinance of the City of Pampa, Texas

adopting its Operating Budget for the 2014-2015 Fiscal Year, with Mayor Pingel, Commissioner Studebaker, Commissioner Porter, Commissioner Dixon and Commissioner McLain voting AYE, the motion carried.

14-135 2. Consider approving on first reading Ordinance No. 1625, an Ordinance of the City of

Pampa, Texas setting a tax rate of $0.621027 on each $100.00 valuation of property for the 2014-2015 fiscal year and levying an Ad Valorem Tax Rate on all property subject to taxation within the City of Pampa.

ORDINANCE NO. 1625

AN ORDINANCE SETTING A TAX RATE OF $0.621027 ON EACH $100.00 VALUATION OF PROPERTY AND LEVYING AD VALOREM TAXES FOR USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PAMPA FOR THE FISCAL YEAR OF 2014-2015; PROVIDING FOR APPORTIONING OF EACH LEVY FOR SPECIFIC PURPOSES; PROVIDING WHEN TAXES SHALL BECOME DUE AND WHEN SUCH TAXES SHALL BECOME DELINQUENT IF NOT PAID AND FOR PENALTY AND INTEREST; PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF.

A motion was made by Commissioner Dixon and Seconded by Commissioner McLain that the Property Tax Rate be increased by the adoption of a Tax Rate of $0.621027 on $100.00 valuation of property, which is effectively a 1.83 percent increase and to levy an Ad Valorem Tax Rate on all property subject to taxation within the City of Pampa, with Mayor Pingel, Commissioner Porter, Commissioner Dixon and Commission McLain voting AYE, and Commissioner Studebaker voting NAY, the motion carried.

14-136 3. Consider adopt on second and final reading Ordinance No. 1626, an Ordinance of the

City of Pampa, Texas adopting an amended Water Conservation and Drought Contingency Plan.

ORDINANCE NO. 1626

AN ORDINANCE OF THE CITY OF PAMPA, TEXAS, PROVIDING THAT ORDINANCE NO. 1342 ADDING DIVISION 3 OF ARTICLE II OF CHAPTER 20 TO THE CODE OF ORDINANCES ADOPTING A DROUGHT CONTINGENCY PLAN, AS AMENDED BY ORDINANCE NO. 1374 AND ORDINANCE NO. 1563, BE AMENDED TO ADOPT A WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AND PROVIDING FOR SEVERABILITY;

A motion was made by Commissioner Porter and Seconded by Commissioner Studebaker to adopt on second and final reading Ordinance No. 1626, an Ordinance of the City of Pampa, Texas adopting an amended Water Conservation and Drought Contingency Plan, with each Commission Member voting AYE, the motion carried. ADJOURNMENT There being no further business on the agenda, the meeting was adjourned at 4:15 p.m. by Mayor Brad Pingel. Karen L. Price, City Secretary Brad Pingel, Mayor


AGENDA ITEM NO. 2

ITEM/PROJECT: SET TAX RATE AND LEVY AD VALOREM TAX FOR 2014-2015 FISCAL YEAR


DESCRIPTION: Consider adopting on second and final reading Ordinance No. 1625, an Ordinance of the City of Pampa setting a tax rate of $0.621027 on each $100.00 valuation of property for the 2014-2015 fiscal year and levying and Ad Valorem Tax Rate on all property subject to taxation within the City of Pampa.

STAFF CONTACT: Richard Morris Robin Bailey

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:


Ordinance No. 1625 attached.

ORDINANCE NO. 1625

AN ORDINANCE SETTING A TAX RATE OF $0.621027 ON EACH $100.00 VALUATION OF PROPERTY AND LEVYING AD VALOREM TAXES FOR USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PAMPA FOR THE FISCAL YEAR OF 2014-2015; PROVIDING FOR APPORTIONING OF EACH LEVY FOR SPECIFIC PURPOSES; PROVIDING WHEN TAXES SHALL BECOME DUE AND WHEN SUCH TAXES SHALL BECOME DELINQUENT IF NOT PAID AND FOR PENALTY AND INTEREST; PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF.

WHEREAS, the City Commission of the City of Pampa approved its budget for the fiscal year beginning October 1, 2014, through September 30, 2015, under Ordinance No. 1624, adopted on its second and final reading on September 26, 2014; and WHEREAS, the City Commission of the City of Pampa FINDS that a tax in the amount of $0.621027 on each $100.00 valuation of property based upon the tax roll provided by the chief appraiser of the Gray County Appraisal District must be levied to provide the required revenue for the budget as approved; and WHEREAS, notices and public hearings and all other statutory and constitutional requirements for the levying and assessing of ad valorem taxes by a home-rule municipality have been completed within the time required; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PAMPA, TEXAS:

Section 1. Findings

The findings made above are hereby adopted and incorporated into the body of this Ordinance as if set forth in full.

Section 2. Tax Rate and Levy

There is hereby fixed and levied, and there shall be collected, for the use and support of the municipal government of the City of Pampa and to provide an Interest and Sinking Fund for the 2014-2015 fiscal year, upon all property, real, personal and mixed, within the corporate limits of the City of Pampa, subject to taxation, a tax of $0.621027 on each $100.00 valuation of property, said tax being so levied and apportioned to the specific purposes as follows:

(1) For the maintenance and operation of the general government (“General Fund”), $0.477337 on each $100.00 valuation of property; and

(2) For the maintenance and support of the Lovett Memorial Library (“Special Revenue Fund”), $0.03 on each $100.00 valuation of property, and

(3) For the Interest and Sinking Funds, $0.113690 on each $100.00 of valuation of

property.

Section 3. Due Date and Delinquency

The taxes assessed and levied under this Ordinance are payable anytime after the final reading and approval and publication and not later than January 31 of the year following the year in which the taxes are assessed. Penalty and interest as hereinafter provided shall accrue after January 31 of the year following the year in which the taxes are assessed if not paid in full by said date.

Section 4. Penalty and Interest

4.1. The tax levied and assessed hereunder paid after January 31 are delinquent and shall incur the maximum penalty and interest authorized under Section 33.01 of the Texas Property Tax Code, to-wit: (a) a penalty of six percent (6%) of the amount of the tax for the first calendar month the tax is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1st of the year in which it becomes delinquent; and (b) a tax that is delinquent on July 1st of the year in which it becomes delinquent shall incur a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid; and 4.2. Taxes that remain delinquent on July 1st of each year in which they become delinquent shall incur an additional penalty of twenty percent (20%) of the amount of taxes, penalty and interest due which additional penalty is to defray the costs of collection as authorized by Section 6.30 of the Texas Property Tax Code.

Section 5. Place of Payment

Taxes are payable at the offices of the Gray County Tax Assessor-Collector, Room 100 of the Gray County Court House, 205 N. Russell Street, Pampa, Gray County, Texas. 2

Section 6. Lien and Collection

All taxes shall become a lien upon the property against which assessed, and the Gray County Tax Assessor and Collector, acting on behalf of the City of Pampa under an interlocal agreement, is hereby authorized and empowered to enforce the collection of such taxes according to the Constitution and Laws of the State of Texas and Ordinances of the City of Pampa and, by virtue of the tax rolls, to fix and establish a lien by levying upon such property, whether real or personal, for the payment of said taxes, penalty and interest, and the interest and penalty collected from such delinquent taxes shall be apportioned to the General Fund of the City of Pampa.

Section 7. Age and Disability Exemption

There is hereby granted to an individual who is disabled or is 65 years or older an exemption from taxation of $15,000.00 of the appraised value of his/her residence homestead, as defined by Section 11.13(j) of the Texas Property Tax Code. Joint or community property owners may not each receive an exemption in the same year. An eligible disabled person who is 65 years of age or older may not receive both a disabled and an elderly residence homestead exemption but may choose either exemption. “Disabled” means a person under a disability for purposes of payment of Disability Insurance Benefits under Federal Old-Age, Survivors, and Disability Insurance.

Section 8. Savings/Repealing Provision

All provisions of any Ordinance in conflict with this Ordinance are hereby repealed; provided, however, such repeal shall not abate any pending prosecution for violation of the repealed Ordinance nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting Ordinances shall remain in full force and effect.

Section 9. Severability

Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase hereof notwithstanding the fact that any one or more sections, subsections, clauses, or phrases be declared unconstitutional or invalid. 3

Section 10.

Effective Date

This Ordinance shall be effective upon its final passage and enforceable ten (10) days after its publication.

INTRODUCED, PASSED AND APPROVED on its first reading this the 26th day of September, 2014. PASSED, APPROVED, ADOPTED AND ORDERED PUBLISHED on its second and final reading this the 29th day of September, 2014. CITY OF PAMPA, TEXAS By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney

4


AGENDA ITEM NO. 3

ITEM/PROJECT: AMEND SOLID WASTE DISPOSAL AGREEMENTS WITH VARIOUS CITIES


DESCRIPTION: Consider authorizing the City Manager to enter into an amended Solid Waste Disposal Agreement with the following cities and companies: Allied Waste, City of Canadian, City of Clarendon, Hemphill County, City of Higgins, City of Lefors, City of McLean, City of Skellytown, Wasteco, Inc., City of Wheeler, City of White Deer and Waste Wranglers, Inc.

STAFF CONTACT: Donny Hooper

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:


Amended Agreement attached.

CONTRACT AMENDMENT

THIS AMENDMENT is made and entered into by and between the CITY OF PAMPA, TEXAS (“Pampa”) and ALLIED WASTE (“Allied Waste”).

Reference is here made to that certain “Solid Waste Disposal Agreement” dated September 19, 2000 made and entered into by and between Pampa and Allied Waste.

It is hereby AGREED that the rate set out in Paragraph 4 of said Agreement is amended to read $38.50. Said rate shall be effective on October 1, 2014.

It is further AGREED that all of the other terms and provisions of said Agreement are hereby ratified and confirmed.

EXECUTED in duplicate originals this the 29th day of September, 2014, by the duly authorized official of the undersigned.

CITY OF PAMPA, TEXAS ALLIED WASTE

By: ________________________________ By: _____________________________ Richard E. Morris City Manager Title: ____________________________

ATTEST: ATTEST: ___________________________________ ________________________________ Karen L. Price, City Secretary Secretary APPROVED AS TO FORM: ___________________________________ Leland W. Waters, City Attorney


AGENDA ITEM NO. 4

ITEM/PROJECT: CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH EMERGENCY SERVICES FOUNDATION OF TEXAS, INC.


DESCRIPTION: Consider approving a five (5) year contract for emergency medical services with Emergency Services Foundation of Texas, Inc.

STAFF CONTACT: Richard Morris

FINANCIAL IMPACT: $140,000.00 annually

SOURCE OF FUNDS: Operating Budget


RECOMMENDED ACTION:


Contract attached.

CONTRACT FOR EMERGENCY MEDICAL SERVICES

BY AND BETWEEN THE CITY OF PAMPA, TEXAS, AND

EMERGENCY SERVICES FOUNDATION OF TEXAS, INC.

THIS CONTRACT is made and entered into by and between the CITY OF PAMPA, TEXAS, a home-rule municipality (“City”) and

EMERGENCY SERVICES FOUNDATION OF TEXAS, INC, d.b.a. PAMPA EMERGENCY MEDICAL SERVICES, a not-for profit corporation, (“Pampa EMS”)

WITNESSETH:

WHEREAS, the current provider of emergency ambulance services contract expires at

Midnight, September 30, 2014; and

WHEREAS, the City Commission of the City find that it is in the interest of the public health and safety of the residents of the CITY to provide emergency ambulance service effective on October 1, 2014 at 12:01 a.m.;

NOW, THEREFORE, in consideration of the premises and the mutual covenants

hereinafter made, the parties DO CONTRACT and AGREE as follows:

1. Services of PAMPA EMS. Pampa EMS agrees to provide pre-hospital emergency and non-emergency ambulance service and related services to all persons within the corporate limits of the City of Pampa, as hereinafter set forth in this contract. 2. Term. This agreement shall be for the term of 60 months, beginning October 1, 2014 and ending September 30, 2019 unless sooner terminated by either party by written notice no later that May 31 during each year during the term of the contract.

3. Consideration. In consideration for the performance by Pampa EMS of the terms of this agreement as hereinbefore and hereinafter set forth, CITY agrees to pay Pampa EMS as follows: $140,200.00 annually, payable in monthly installments of $11,683.33 per month due on or before the first day of each month during the term of this contract beginning October 1, 2014. The subsidy will be subject to annual increases in accordance with the Consumer Price Index (all urban consumers, south region, and all items with an index base period 1982-1984=100, Series Identifier-CUUR0300SA0, with reference to 12 month period to be month of July of previous year to month of June in the current fiscal year) (CPI) but in no event shall any increase exceed 3.5% in any given term. Pampa EMS shall give written documentation to the CITY supporting such increase no later than August 1 which increase, if applicable, shall not be effective until October 1.

CITY shall not be liable for any expense, charge, obligation or debt incurred by Pampa EMS in connection with or relating to its conducting or performing ambulance services generally and as herein expressly set forth. CITY shall have no obligation to Pampa EMS other than the payment of consideration as herein specifically set forth in paragraph 3.

4. Personnel and Equipment. Pampa EMS shall provide, but are not limited to, the following services (which shall be the minimum level of services to be provided) and such additional units on such levels as Pampa EMS may determine to be reasonable and necessary:

a. Two ambulances equipped and staffed as Mobile Intensive Care Unit (MICU) to be stationed in the City of Pampa for 24 hours per day 365 days per year.

b. One ambulance equipped and staffed as Basic Life Support (BLS) with Mobile Intensive Care Unit (MICU) capabilities to be stationed in the City of Pampa, to be used as per staffing/ disaster policy.

c. The ambulances SHALL be staffed, equipped, and at all times maintained in full compliance with ALL of the rules and regulations set forth by the Department of State Health Services and Texas Administrative Code 157.11 “EMS Rules” as required by the provider licensure. The exact terms of TAC 157.11 are hereby incorporated by reference as if fully set forth herein without change or modification.

d. Each ambulance will be equipped with at least the following additional equipment:

• A cellular phone for communication between the

ambulance and the hospital;

• A two-way radio for communication between the ambulance and hospital, dispatch, other EMS, and other emergency management agencies as per NIMS recommendations.

5. Compliance with Applicable Laws and Regulations. Pampa EMS shall at all times during the term hereof comply with all applicable laws and regulations pertaining to the operation of an ambulance in the State of Texas. All vehicles used in the delivery of the services shall be clearly marked with the name and license number of the provider.

6. Rates. Pampa EMS shall charge rates for all services in accordance with Attachment “A” incorporated herein by reference. The compensation which is to be paid by the CITY under this contract is based upon these rates as well as usual

and customary charges in accordance with Centers for Medicare and Medicaid Services. Pampa EMS, as needed, may adjust these rates during the term of this contract. Such an application of change must be supported with documentation and proof to substantiate the requested rate adjustment. The CITY will have forty-five (45) days to review and take action upon such request. If the CITY fails to either approve or deny such application within said 45 days, then Pampa EMS may implement such adjusted rates without any formal action on the part of the CITY. If the parties are unable to agree on the new adjusted rates, then the matter may be resolved under the mediation provisions of this contract. Notwithstanding the aforementioned provision relative to rates, Pampa EMS may, without prior approval, charge for items that are disposable and subject to rapidly changing technology, provided, however, that said changes shall NEVER exceed the usual, reasonable, and customary charges for similar items and NOT to exceed comparable hospital charges. It is understood and agreed that Pampa EMS’ charges for services rendered under the scope of this contract shall be fair and reasonable in accordance with rates charged by other private providers within the State of Texas.

7. Insurance. Pampa EMS shall at all times during the term of this contract procure and keep in full force and effect, the following insurance:

a. Workman’s Compensation………..as required by law b. Auto Liability …………………….$500,000 combined single limit c. General Comprehensive Liability/ Medical Malpractice……...$1,000,000 combined single limit

Certificates of insurance in accordance with the above coverage shall be furnished to the CITY. No policy shall be cancelled, altered, or amended without thirty (30) days’ prior written notice having first been given to the CITY. It is expressly understood and agreed that the insurance provisions of this contract including the minimums set out above, are intended to assure that certain minimum standards of insurance protection are afforded by Pampa EMS, and the insurance required shall support but shall not in any way limit Pampa EMS’ liability and Pampa EMS’ indemnity obligations except as otherwise mandated by applicable law. 8. Other Operational Guidelines.

a. Pampa EMS may provide ambulance services, emergency and non-emergency, including special event coverage originating within its service area under this contract, regardless of the manner in which the request for service is conveyed.

b. The payments to be made by CITY are in the form of a subsidy for ambulance service and do not affect the right of Pampa EMS to collect its regular published charges from persons whom the ambulance service is rendered. It is expressly understood that NO ONE or NO AGENCY shall be entitled to free ambulance services under this contract.

c. Pampa EMS will not solicit business of any type for any person, firm or organization while rendering ambulance service.

d. Pampa EMS shall keep a permanent record of each ambulance run and shall complete one such form for each patient transported immediately following each run, where operationally possible. Pampa EMS shall provide for Quality Assurance by review of its run records through an ACTIVE QA/QI Program. This program provides for review of run records by its Medical Director on a regular basis. Upon request, Pampa EMS will make such records available for review by a representative of CITY without, however, divulging the names of the patients, as per HIPAA, 1996, as amended.

e. CITY shall not make any collections for Pampa EMS’ services to be rendered under this contract nor shall CITY be liable for individual claims arising from the services performed under this contract. Pampa EMS will NOT use CITY name in connection with any bills that Pampa EMS sends out and will NOT include CITY as a party to any lawsuit instituted for collection of a bill or debt.

8.1 Licensure. Pampa EMS will provide to CITY a copy of all licenses required of the State of Texas in order to perform each of the services herein undertaken by Pampa EMS. Pampa EMS will provide all necessary vehicle permits enabling it to perform its services as required of the State of Texas. 8.2 Non-Profit. Pampa EMS agrees to provide a current, complete copy of documentation of non-profit status filed with the Internal Revenue Service. 9. Increase in Volume. The number of ambulances required under this contract is based upon past experiences and anticipated future needs. In the event there is an increase in call volume, which would require additional ambulances in keeping with the accepted standards in emergency medical/ ambulance services, either party may, upon written notice, request that the parties enter into negotiations to amend this contract to consider such additional services which may be required.

10. Examination of Pampa EMS Books and Records. Upon written request from CITY, Pampa EMS will make its books and financial records available for review by a representative of CITY. Pampa EMS further agrees that it will submit, no later than the 15th day of the month following the close of a quarter during Pampa EMS’ fiscal year, quarterly statements including the number of

runs made during the preceding quarter. Runs will be categorized to accordance with the criteria agreed and recommended upon by the parties hereto.

11. Independent Contract Status. Pampa EMS is an independent contractor with respect to the performance of all services hereunder, and neither Pampa EMS nor anyone employed by Pampa EMS shall be deemed for any purpose to be the employee, agent, servant, or representative of CITY of any service or part thereof in any manner dealt with hereunder. CITY shall have NO operational control of Pampa EMS or its employees or agents except in the results to be obtained. However, CITY shall appoint a representative, of their choosing, to sit on the governing Board of Directors for The Emergency Services Foundation of Texas, as per Corporate ByLaws. The actual performance and superintendence of all work and services shall be by Pampa EMS but CITY or its representatives shall have access to Pampa EMS’ ambulance station to determine whether or not the work and services are being performed as required under this contract.

12. Indemnification. Pampa EMS agrees to protect, defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, demands, and causes of action of every kind and character, including without limitation, attorney’s fees, arising out of or incident to this ambulance service, and Pampa EMS hereby assumes all responsibility for injuries, claims, and suits for damages of any kind and nature arising out of its ambulance service during the term of this contract.

13. Amendments. This contract may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dates and signed by the parties and attached hereto.

14. Breach. The parties hereto stipulate that breach of this contract by Pampa EMS shall include, without limitation, the following acts and/or omissions:

• The failure of Pampa EMS to provide ambulance services in accordance with the specifications and representations expressed in this agreement.

• The assignment or delegation to third parties, contractors or

other entities of any obligation of Pampa EMS to provide and perform ambulance services as set forth in this agreement.

• The sale or lease by Pampa EMS of all or substantially all

of its assets to third parties, persons or entities without the express consent of CITY.

• Any act of insolvency including, but not limited to, the

filing of any proceeding under the Bankruptcy Act or the

breach by Pampa EMS of any security agreement made by it given to any lender.

• The failure to maintain and provide personnel and

equipment specified in paragraphs 4 through 12 of this agreement.

• The failure to maintain and keep any representation made

by Pampa EMS in paragraphs 4 through 12 of this agreement.

The parties further stipulate that in the event of breach as hereinabove described and as may occur otherwise, CITY shall no longer be liable, required or obligated to pay the consideration expressed in paragraph 3 of this agreement. Such remedy shall not be construed as a limitation on any additional remedy CITY may have on account of breach, either at law or equity and expressly including remedy of injunction. 14.1 Agreement of the Parties The parties to this Agreement intend that a similar or virtually identical contract will be entered into between Pampa EMS and Gray County requiring payment identical consideration as herein expressed in paragraph 3 binding Pampa EMS to payments of monthly installments with Gray County paying to Pampa EMS an identical sum over the identical term. In the unlikely event that Gray County shall claim breach of its Agreement with Pampa AMS and subsequently withhold its next due monthly payment, then in that event CITY may, at its option, withhold future payments until such claim has been mutually resolved between Gray County and Pampa EMS. Pampa EMS shall provide notice to CITY of any claim of breach asserted by Gray County under Pampa EMS’ Agreement with that entity.

15. Compliance with Statutory Employment Practices.

a. In accordance with Title VI of the Civil Rights Act of 1964 and its implementing regulation, both parties will provide service, treatment, or employment to all persons regardless of race, color, religion, or nation of origin. In accordance with Section 504 of the Rehabilitation Act of 1973 and its implementing regulation, neither party will discriminate on the basis of handicap in providing service, treatment, or employment.

b. In accordance with the Age Discrimination Act of 1975, and its implementing regulation, neither party will discriminate on the basis of age in providing service, treatment, or employment unless age is a factor necessary to the normal operation or the achievement of any statutory objective.

16. Mediation. In the event any dispute not amounting to breach shall occur relating to this Agreement, the parties herein manifest their intentions to attempt all reasonable means of resolution of such dispute. 17. Notices. Any notices provided for herein shall be given in writing, either by personal delivery, by certified mail (return receipt requested), or by electronic transmission. The effective date for such communication shall be deemed to be the date on which it is received by the addressee, unless otherwise specified therein. Notices shall be addressed to the respective parties as follows:

ATTN: City Manager ATTN: Chief Administrator City of Pampa Pampa EMS P.O. Box 2499 1421 N. Christy Pampa, TX 79066-2499 Pampa, TX 79065

Any such notice mailed to such address shall be effective when deposited in the United States Mail, duly addressed and with postage prepaid. 18. Waiver. No waiver by any party hereto of any default or breach of any term, condition, or covenant of this Agreement shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

19. Benefits Agreement. Nothing herein, expressed or implied, shall give to any person, other than the parties hereto and their successors hereunder, any benefit or legal or equitable right, remedy, or claim hereunder.

20. Effect of Headings. The paragraph headings herein are for convenience only and shall not affect the construction of this Agreement.

21. Parties. The term CITY as used herein refers to The City of Pampa and term Pampa EMS as used herein refers to Emergency Services Foundation of Texas, Inc. d/b/a Pampa Emergency Medical Services, a not-for profit corporation. Any reference herein to CITY, City of Pampa, City of Pampa, Texas and Pampa means the municipal entity and its lawful agents, managers and employees having express authority to act on its behalf. Any reference herein to Pampa EMS or Emergency Services Foundation of Texas, Inc. d/b/a Pampa Emergency Medical Services shall mean its owners, agents, employees and individuals comprising same authorized to act on its behalf or acting in the course and scope of such agents and employees employment and the management of its affairs.

EXECUTED IN DUPLICATE this the 29th day of September, 2014.

CITY OF PAMPA, TEXAS By: Brad Pingel, Mayor ATTEST: Karen L. Price, City Secretary APPROVED AS TO FORM: Leland W. Waters, City Attorney EMERGENCY SERVICES FOUNDATION OF

TEXAS, INC. D/B/A PAMPA EMS By: Gary Willoughby, President ATTEST: _____________________________ Jane Steele, Secretary


AGENDA ITEM NO. 5

ITEM/PROJECT: REAPPOINT BOARD MEMBERS


DESCRIPTION: Consider reappointing Matt Hinton, Larry Baker, Hugh Hall, Mike Hooper and Josh Crawford to the Construction Board of Adjustments and Appeals for a two year term beginning October 1, 2014 and ending September 30, 2016.

STAFF CONTACT: Donny Hooper Cary Rushing

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:



AGENDA ITEM NO. 6



DESCRIPTION: Consider reappointing Jana Vinson, Harold Taylor and Katherine Flume to the Lovett Memorial Library Advisory Board for a two year term beginning October 1, 2014 and ending September 30, 2016.

STAFF CONTACT: Shane Stokes Misty Guy

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:



AGENDA ITEM NO. 7



DESCRIPTION: Consider reappointing Mike Ehrle, Lance DeFever and Gary Sutherland to the Panhandle Elderly Apartment Corporation for a two year term beginning October 1, 2014 and ending September 30, 2016.

STAFF CONTACT: Richard Morris

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:



AGENDA ITEM NO. 8

ITEM/PROJECT: LIST OF DISBURSEMENTS FOR AUGUST 2014


DESCRIPTION: Consider approving the List of Disbursements dated August 2014, with total Disbursements being $1,874,532.91 and the amount after balance sheet and income accounts being $1,136,177.90.

STAFF CONTACT: Robin Bailey

FINANCIAL IMPACT: See Above

SOURCE OF FUNDS: Operating Budget


Paid in August 2014

RECOMMENDED ACTION:

Approve List of Disbursements


Check Register attached.


AGENDA ITEM NO. 9

ITEM/PROJECT: CONSENT AGENDA - DELINQUENT TAX PROPERTY


DESCRIPTION: CONSENT AGENDA – All Consent Agenda items listed are considered to be routine in nature by the City Commission and will be enacted by one motion. There will be no separate discussion on these items unless a Commissioner so request, in which event, that item will be removed from the Consent Agenda and considered in normal sequence on the agenda.

STAFF CONTACT: Donny Hooper Cary Rushing

FINANCIAL IMPACT:

SOURCE OF FUNDS:


RECOMMENDED ACTION:


Gray County Tax Bids attached.

Documents

Pampa City Commission September 29, 2014 4:00 p.m. · Pampa City Commission . September 29, 2014 . 4:00 p.m. ... Cecelia Cloud Betty Peeler Leroy ... Roxanne Giles Kacy Presson Joe