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Home My WebLink About1985-10-24 - Special City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON MONDAY, OCTOBER 21, 1985 - 2:00 P.M. A Special Meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor Pro Tem with the following members present: Mayor: Ray Reynolds, Pro Tem Councilmembers: Bob Self G. A. Swindle Larry Hammett Jim McSwain Wm. G. Brede Larry Tatum and with the following members absent: Mayor David Clayton and Allen Horne. City Administrator Kurt Ackermann and City Secretary Joyce Pemberton were present also. Mayor Pro Tem Ray Reynolds called the meeting to order, declared a quorum present, and explained that the purpose of this meeting was to place in nomination our representative for the C.A.D. Board of Directors. Councilman Bob Self moved that the City Council put forward for con- sideration the name of Don Peacock as the City's representative for the Erath County Central Appraisal District Board of Directors. The nominations committee has contacted Mr. Peacock and he would be willing to serve in this capacity for the City, if elected to the Erath County Central Appraisal District Board of Directors. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None There being no other business to come before the Council, Mayor Pro Tem Reynolds adjourned the meeting at 2:08 p.m. ATTEST: �4� /.)- / . . 2t�3 ecretary 19 7' Ray Reynolds, Mayor Pro Tem ORDINANCE 1985 -14 AN ORDINANCE PROVIDING A CRIMINAL OFFENSE FOR THE DEFACING OR INJURY OF ANY BOOK, NEWSPAPER, MAGAZINE, PAMPHLET, MANUSCRIPT, OR OTHER PROPERTY OF THE STEPHENVILLE CITY LIBRARY OR TO RETAIN SUCH PROPERTY FOR THIRTY (30) DAYS AFTER NOTICE IN WRITING TO RETURN SAME, GIVEN AFTER THE EXPIRATION OF TIME FOR WHICH SUCH PROPERTY WAS LENT ACCORDING TO THE THEN RULES OF SUCH LIBRARY: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One It shall be unlawful to willfully injure or deface any book, newspaper, magazine, pamphlet, manuscript or other property of the Stephenville City Library by writing, marking, tearing, breaking, mutilating or otherwise injuring or defacing such pro- perty. Section Two It shall be unlawful to retain any book, newspaper, magazine, pamphlet, manuscript or other property of the Stephenville City Library for a period of thirty (30) days after the giving of writ- ten notice to return same, provided such notice is given after the expiration of time for which such property was lent under the then rules of the Stephenville City Library. The written notice herein provided for shall be deemed given when same is deposited in the United States Mail, postage prepaid, by registered or cer- tified mail, to the person or entity to whom such property as lent. Such notice shall be given to the person or entity at the address reflected for same on the most recent "library card" of such person or entity according to the then records of the Stephenville City Library. The date for return of such property according to the then rules of the Stephenville City Library may be proven upon trial of any offense under the Section by the sub- mission into evidence of the original, or a true and correct copy of the original "book card" as contained within the records of such Library. Proof of giving written notice as required in this ordinance upon the trial of any offense under this Section may be proven by submission into evidence of the registered or certified mail return receipt accompanying such notice as returned to the Stephenville City Library by the United States Postal Service, or a true and correct copy thereof, together with a copy of the form or notice then being given by such Library. Failure of delivery of such notice by the United States Post Office shall not be deemed a defense to such offense provided notice was mailed to the address of the Defendant above provided for. Section Three Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phra- ses, clauses, sentences, paragraphs and sections of this ordi- nance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconsti- tutional phrase, clause, sentence, paragraph or section. 198 Section Four Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Section Five Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Stephenville City Charter and the laws of the State of Texas. PASSED AND APPROVED this the 1985. ATTEST; Q�— o � ) &,- lk--0�1 y Pemberton, City Secretary 5th day of November j.. David Clayt n, Mayor RESOLVED: That the Mayor, DAVID CLAYTON, be and he is hereby auto zed to execute on behalf of the CITY OF STEPHENVILLE the following contract with J. Edwin Fitzgerald and Jubel Caldwell: EMPLOYMENT AGREEMENT STATE OF TEXAS COUNTY OF ERATH THE CITY OF STEPHENVILLE, a municipal corporation, acting by and through its Mayor, DAVID CLAYTON, in accordance with action of the City Council of the City of Stephenville, and J. EDWIN FITZGERALD and JUBEL CALDWELL, doing business as C & F AVIATION of Erath County, Texas, have this day entered into the following Airport Manager employment agreement: I. CITY OF STEPHENVILLE is owner of the Stephenville Municipal Airport situated in and adjacent to the City of Stephenville, Texas, which airport has been in use for a number of years as a municipal airport and same is equipped and laid out with main hangars and smaller hangars and airplane runways. The City of Stephenville as owner of aforementioned airport hereby enters into this Airport Manager Employment Agreement with J. Edwin Fitzgerald and Jubel Caldwell, d /b /a C & F Aviation on the terms and conditions hereinafter set out. II. The terms of this agreement shall be for five (5) years beginning November 1, 1985 and ending October 31, 1990. III. It shall be the duty of C & F Aviation to negotiate for the City of Stephenville the rental of hangars on said airport to individuals at a charge of $60.00 per month. Hangar fees shall be aid directly to the Cit b the Han ar Lessee. F viation s a a so co ect a renta ee to individuals for tie -down space for airplanes which rate shall be a charge of $15.00 per month and tie -down spaces may be rented in accordance with the City's tie -down agreement. Charge -Tor spaces to i.n ivi ua s not easing by the month shall be $2.50 per day beginning on the second consecutive day which aircraft occupies such space. Forty percent (40./) of fees paid as tie - down charged shall be retained by C & F Aviation as compensa- tion for administration of said tie -down spaces. All other sums collected as rental charges and fees shall be paid by C & F Aviation on or before the 10th day of each month follow- ing the month in which rents accrued and shall be paid to the City Administrator. Rental charges may be changed at the sole discretion of the City Council. Collection of these fees shall be made by C & F Aviation. C & F Aviation shall maintain a wai wanting--to—lease hangar space wil name was placed fist ±irst shall exception to t Y residents will h aces =rom the ui ed such ase on tang ist. The rity to leas e a ill eb t that ty over nonresid 200 list of persons Persons wants ace. on VI. Failure on the part of C & F Aviation, acting as Airport Manager, to perform the duties stated herein may result in the termination of this agreement by the City Council of the City of Stephenville upon a ninety (90) day written notice. If C & F Aviation is in breach of duty then the City Council will give C & F Aviation written notice of such breach with written request to cure same within 30 days. Failure by C & F Aviation to cure such breach would give the City Council the right to discharge C & F Aviation within 30 days from failure to comply. VII. C & F Aviation, acting as Airport Manager, is required to furnish to the City Council of the City of Stephenville a minimum ninety (90) day written notice, should during the term of this agreement C & F Aviation desire to terminate its partitipation. VIII. C & F Aviation is given right to renew this agreement for. an additional term of five (5') years upon ninety (90) day written notice to the City prior to the end of agreement term herein provided, upon terms to be agreed upon between C & F Aviation and the City of Stephenville at that time. IX. C &_F Aviation agrees to maintain liability insurance coverage in an amount equal to at least $1,000,000.00. C & F Aviation would name the City of Stephenville as an additional named insured on this policy. PASSED AND APPROVED this the 5th day of November, 1985, by the City Council of the City of Stephenville, Texas. 202