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HomeMy WebLinkAbout1985-11-05 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, NOVEMBER 5, 1985 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: David Clayton Councilmembers: Bob Self G. A. Swindle Larry Hammett James L. McSwain Wm. G. Brede Larry Tatum Allen Horne and with the following members absent: Ray Reynolds. City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance Charlene Young, Director of Public Works Danny Johnson, Fire Chief Jimmy Mooney, Chief of Police Doug Conner, Planning & Inspections Coordinator Betty Chew, members of the press, and many others were also present. DER FOR 41kd101 OF OCTOBER 1, OCTOBER Councilman Hammett moved approval of the minutes of the City Council meetings held on October 1, 1985, October 14, 1985, and October 21, 1985, as written. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: CONSIDER REPORT OF THE PLANNING & ZONING COMMISSION: Mayor Clayton, with the consent of the City Council, set Tuesday, December 3, 1984 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap, as the date, time, and place for a public hearing to consider the following item: A favorable recommendation from the Planning & Zoning Commission to rezone, from R -1 "Single- Family Dwelling District, to R -2 "One -Four Family Dwelling District ", R -3 "Multiple Family Residential District ", B -1 "Neighborhood Business District ", and B -2 "Secondary & Highway Business District" on the following property: Lots 1 thru Lots 1 thru Lots 1 thru Lots 1 thru Lots 1 thru Lot 1 Lot 1 4, 23, 11, 3, 3, Block Block Block Block Block Block Block 3, Oak 4, Oak 5, Oak 6, Oak 7, Oak 8, Oak 9, Oak Tree Tree Tree Tree Tree Tree Tree Subdivisior. Subdivisior, Subdivision Subdivisior. Subdivision Subdivision Subdivision ITEM III: PUBLIC HEARING TO CONSIDER REQUEST TO REZONE, FROM R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -2 "SECONDARY & HIGHWAY BUSINESS DISTRICT ", LOT 21, BLOCK 145, CITY ADDITION, KNOWN AS 2202 SOUTH LOOP. Mayor Clayton opened the floor for a public hearing to con- sider the request to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", Lot 21, Block 145, City Addition, known as 2202 South Loop. 203 Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that the above request for rezoning had received a favorable recommendation from the Planning & Zoning Commission. THOSE OPPOSED TO THE REZONING: None THOSE IN FAVOR OF REZONING: None There being no one else present wishing to address the City Council on this issue, Mayor Clayton closed the public hearing. Councilman Swindle Addition, known as rezoned from R -1 " & Highway Business Horne seconded the following vote: moved that Lot 21, Block 145, City 2202 South Loop, Stephenville, Texas, be Single- Family Dwelling" to B -2 "Secondary District" as requested. Councilman motion. The motion carried by the AYES: All members present voted aye. NOES: None PUBLIC HEARING TO CONSIDER REQUEST TO REZONE FROM R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO R -9 "GFCnNnARv A HIGHWAY BUSINESS DISTRICT ". NORTH 60 FEET OF LOT 1. AND Mayor Clayton opened the floor for a public hearing to con- sider the request to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", the north 60 feet for Lot 3, and the north 85 feet of Lot 4, Block 1, Fireside Addition, located in the 1100 Block of South Lillian Street. Councilman Larry Tatum asked that the records show that due to a Conflict of Interest he did not participate in the any discussion or vote on this issue -. Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that there was no opposition to the above request for rezoning and had received a favorable recommendation from the Planning & Zoning Commission. THOSE OPPOSED TO REZONING: None THOSE IN FAVOR OF REZONING: None There being no one else present wishing to address the City Council on this issue, Mayor Clayton closed the public hearing. Councilman Swindle moved that the north sixty (60) feet of Lot 3 and the north eighty -five (85) feet of Lot 4, Block 1, Fireside Addition, located in the 1100 Block of South Lillian Street, Stephenville, Texas, be rezoned, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", as requested. Councilman Horne seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Horne, Swindle, and McSwain. NOES None ABSTAIN: Councilman Larry Tatum. 204 VI: 1.1 V4 IDER UEST TO REZONE. FROM R- Mayor Clayton opened the floor for a public hearing to con- sider the request to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District" being Lot 17, Block 145, City Addition, known as 2290 South Loop. Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that there had been no opposition to the rezoning and the Planning & Zoning Commission gave a favorable recommendation for the rezoning. THOSE OPPOSED TO THE REZONING: None THOSE IN FAVOR OF THE REZONING: None. There being no one else present wishing to address the City Council on this issue, Mayor Clayton closed the public hearing. Councilman Hammett moved that Addition, known as 2290 South rezoned from R -1 "Single -Fami "Secondary & Highway Business Councilman Brede- seconded the by the following vote: Lot 17, Block 145, City Loop, Stephenville, Texas, be Ly Dwelling District" to B -2 District" as requested. motion. The motion carried AYES: All members present voted aye. NOES: None PUBLIC HEARING TO CONSIDER REQUEST TO AMEND THE CITY ZONING ORDINANCE TO INCLUDE "NEWSPAPER PRINTING" AS A CONDITIONAL USE IN THE B -1 "NEIGHBORHOOD BUSINESS DISTRICT ". Mayor Clayton opened the floor for a public hearing to con- sider the request to amend the City Zoning Ordinance to include "Newspaper Printing" as a Conditional Use in the B -1 "Neighborhood Business District ". Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that this request received no opposi- tion during the Planning & Zoning Commission's meeting and received a favorable recommendation from the Planning & Zoning Commission. THOSE OPPOSED TO AMENDMENT: None THOSE IN FAVOR OF AMENDMENT: None Councilman McSwain commented that if there was not a need now, why change it? Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council stating that the Commission had placed "Newpaper Printing" in the B -2 District because of the noise, dirt, truck traffic, etc., but Mr. Fisher had pointed out that this was no longer the case with the new plants. The Commission now feels it should be a Conditional Use in a B -1 District. 205 I 44 DruMUSI Councilman Swindle moved that the City Zoning Ordinance be amended to allow "Newpaper Printing" as a Conditional Use in the B -1 "Neighborhood Business District" as requested. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Brede, Horne, Swindle, and Tatum. NOES: Councilman McSwain. ABSTAIN: None .S. HIGHWAY Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that the final plat of the Star Lite R.V. and Mobile Home Park had received a favorable recom- mendation from the Planning & Zoning Commission. Director of Public Works Danny Johnson advised the Council that he had reviewed the Improvements Plans and they were in order and he recommended approval of the final plat. Councilman Swindle moved acceptance of the final plat of the Star Lite R.V. and Mobile Home Park, being Lot 7, Block 3, Sims Addition, located in the 400 Block of U.S. Highway 281. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None I: CONSIDER REPLAT OF Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that the replat of Block 112, City Addition, had received a favorable recommendation from the Planning & Zoning Commission and the Staff recommends approval also. Councilman Self was concerned about the zero lot line. Mrs. Chew advised that, according to the City Attorney and the TML legal staff, this would not create a problem as far as the duplexes being divided, etc. and would not require resubdivision of the property. It was the consensus of the Mayor and Council to ask the Planning & Zoning Commission to address the issue of zero lot lines or the condominium /townhouse situation in the City Zoning Ordinance for a recommendation to the Council. Councilman Horne moved approval of the replat of Block 112, City Addition, City of Stephenville, Erath County, Texas, as presented. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None CONSIDER REPLAT Betty Chew, Planning the Council stating recommended approval Tanglewood Northwest no more than one (1) be allowed. 12, TANGLEWOOD & Inspections Coordinator, addressed that the Planning & Zoning Commission of the replat of Lot 1, Block 12, Subdivision with the stipulation that forty -five (45) foot drive on Lot la 206 Councilman McSwain commented that when the development of this area was discussed before, along FM 988, an access road was considered. What happened to the access road? Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council stating that the Commission usually suggested an access road when develop- ment in that area is discussed. There was discussion at the last Commission meeting of whether or not there was adequate room for an access road. Mrs. Chew advised that when the Tanglewood Northwest Subdivision was presented to the P & Z Commission and Council, they felt like the access road would not work at that time. The Commission and Council approved the Tanglewood Northwest Subdivision with the stipulation that there be no additional entrances and exits except along Ashwood and Bluebonnet. They have come back with this replat of Lot 1 and are requesting two 40' exits and entrances. Councilman McSwain expressed his concern that they are coming back with this replat and asking that the stipula- tions be removed that were put on it to start with. The way it was platted before there were no entrances onto FM 988. The way it is going to be platted now there will be one at least and it would seem reasonable for the person owning the other piece of property to want an entrance also. After more discussion, Councilman Hammett moved approval of the replat of Lot 1, Block 12, Tanglewood Northwest Subdivision, City of Stephenville, Erath County, Texas, with the stipulation that a 40' access road be added to the front of Lot 1 all the way to Ashwood. Councilman Self seconded the motion. After more discussion, Councilman Hammett withdrew his motion and Councilman Self withdrew his second. It was the consensus of the Mayor and Council to refer this item to the Planning & Development Committee for further study. Mrs. Martin suggested the Planning & Zoning Commission and the City Council get together to study the Comprehensive Plan to see how close we are to what was recommended and, maybe, if there has been significant changes, we may need to look at some changes in the Comprehensive Plan. The way Stephenville is growing we need to make sure it is growing in the right way. Mayor Clayton said he felt the Council would be very much in favor of meeting with the P & Z Commission on any matter and would proceed toward that. ITEM X: DISCUSSIONS OF PROVISIONS OF STEPHENVILLE ZONING ORDINANCE, SECTION XI, "B -4 PRIVATE CLUB DISTRICT". Councilman Self advised he had requested this item to be on the agenda for the Council to consider asking the P & Z Commission to look at this part of the Ordinance again. Specifically the first section of the Private Club District Ordinance the word "grouping" as mentioned in that context. Is that really what was intended? If not, possibly, that needs to be changed in some way. Secondly, when the new ordinance was written, the "48 hour closing of grandfathered clubs" was omitted. Need to see if it was an oversight or intentional. Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council stating that the 207 Commission had felt the "48 hour closing of grandfathered clubs" was a discriminatory restriction. This was requiring a much stricter regulation than was required of other zoning requirements. Mrs. Martin said since this ordinance was first brought before the Commission they had a lot of problems with the ordinance. It seemed it was not par- ticularly clear; there were, maybe, some loopholes in it and it wasn't as well written as it might have been. We all know the feelings of the majority of people who vote when there is a "wet /dry election" and perhaps this is one of the reasons this ordinance was developed. Maybe it was developed emotionally rather than logically and looking into all the legal aspects of it. She said this is just a personal opinion. It is an ordinance that needs to be rewritten. It needs to be looked at again and, perhaps, redeveloped. It is an unsatisfactory ordinance. After more discussion, Councilman Brede moved that the Council instruct the P & Z Commission to look at the B -4 Ordinance again and come back with some possible changes. Councilman Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None XI: HEAR REPORT FROM PLANNING REGARDING SIGNS. Councilman Self, reporting for the P & D Committee, said the committee had met with representatives of the P & Z Commission to discuss the sign regulations. He said the Committee felt it was a good, solid guideline that the P & Commission is comfortable with and those on the Committee, in listening to their explanations as to how and why it was developed, felt comfortable with it. It was the consensus of the Committee that Section XV of the Stephenville Zoning Ordinance regulating signs is "A -OK". He also reported that the Board of Adjustment has been bombarded with variances for signs. Some of the variances have been granted, some have been modified, and some denied. The Committee decided to come back to the Council with a propo- sal that if the Council actually feels that the sign ordi- nance is ok, then the Council should, possibly, get with the Board of Adjustment and cause them to a little more strict in allowing variances. Councilman Hammett stated that when they looked at some of the variances they were not justifiable in the Committee's eyes. There a legitimate variances, but surely not all are justified. If the Committee or Council, as a whole, looked at each variance individually, (and they are already done), it could be determined if they were really justified or if we are accommodating every sign that comes to town. Mayor Clayton accepted the report and thanked the Committee for the work done. ITEM XII: CONSIDER PROPOSAL FROM ANDRE COMPANY OF RHODE ISLAND Attorney Bill Oxford addressed the Council stating that Andre Company purchased a 2.91 acre tract of land as shown on plat. In 1965 the City of Stephenville deeded a 3.875 acre tract of land to Wayne Barham. In 1979 Wayne Barham deeded to Loving Care Nursing Home the 2.91 acre tract purchased by Andre Company. In that description, sometime between 1965 and 1979, the fence shown as the occupied line of Jaycee Park was erected. In 1979 the Deeds recognizes an dim 06OPME No existing fence lying 13 feet inside the property description that was contained in the deed from Wayne Barham to Loving Care Nursing Home and Loving Care Nursing Home then deeded said property to Andre Company. Mr. Oxford said, in his legal opinion and from researching the title, the City did in fact deed this strip of land to Wayne Barham and the title since then has come down to Andre Company. The Andre Company now has a pending sale of this property and there is a clause in that contract that says the sale cannot be consumated unless this 12' strip is resolved. There is a $1.5 million proposed construction to be put on this land which cannot be unless they have this 12' strip because there just is not enough space. There was considerable discussion regarding the 13' strip. Closing, abandoning, and asking for bids for sale of the unused portion of Cleveland Street; trading a portion of Cleveland Street for the 13' strip in question and Andre Company rebuilding the jogging track; giving Andre Company the 12' strip in question, etc. City Attorney Joseph Chandler said his opinion was that it has been there for many years and the people who bought the property passed it on down, saw it was there and the City can hold it. Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, advised it was the in the duties of the P & Z Commision to study and recommend on the closing of city streets. Mayor Clayton, with the consent of the Council, referred this to the Planning & Development Committee to study along with the Planning & Zoning Commission for study and recom- mendations. ORDINANCE ESTABLISHING PENALTY Councilman Bob Self, reporting for the Library Board, stated the Library has an annual "forgiveness month" in January, therefore, this ordinance would really not be enforced until February 1986. At that time, the fines will be increased from 2¢ to 5¢ per day. The Board recom- mends approval of the ordinance as written. Councilman Horne moved passage of 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. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Brede, Horne, McSwain, and Tatum. NOES: None ABSTAIN: Councilman Swindle (out of room). FOR ELECTION DISTRICT BOAR ERATH CENTRAL Mayor Clayton read the following names as candidates to the Erath Central Appraisal District Board of Directors: Joyce Whitis, Delbert Shaffer, Neal Guthrie, Lesly Gandy, A. B. Owen, Ed Smith, and Don Peacock. 209 14IM6i Councilman Swindle moved the City Council of the City of Stephenville cast their 641 votes for Don Peacock for elec- tion to the Erath 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 REGARDING SURVEY ICI FOR Councilman Bob Self asked the records to show he was disqualifying himself on discussion and voting on this subject because being a member of the Downtown Business and Professional Association his preference is indicated in the opinion survey and this issue could possibly affect him financially. Councilman Self, reporting for the Downtown Business & Professional Association, stated the survey of the downtown merchants proposed: "Cover the meters for a two (2) month trial period beginning January 1, 1986. Limit free parking to two (2) hours, to be monitored by the meter maid using tire marking method. Fine for overparking to be $10.00." Survey Results: 70 Forms Distributed 36 Forms Returned General Responses: Yes.......... 23 No ..........13 More Specific Responses: Unqualified "yes " .... 10 "Yes, but $5.00 ".....13 Unqualified "No "..... 3 Remove -No Fine....... 7 Others ............... 3 Councilman Self said several persons had mentioned starting the trial period earlier than January 1st. It was his understanding that an ordinance would need to be developed and passed by the Council that would specify the method of monitoring, the penalty. Additional supplies would be needed for covering the meters, marking the tires, etc. should the Council decide to go along with this proposal. Councilman Self gave the Council a rundown on a survey of other cities that do /do not have parking meters and a chart showing parking lots in and within 2 -3 blocks of downtown. Councilman McSwain moved the drafting of an ordinance pro- viding for covering the parking meters for a two (2) month trial period beginning January 1, 1986. Limit free parking to two (2) hours, to be monitored by the meter maid using tire marking method. Fine for overparking to be $5.00. Councilman Horne seconded the motion. The motion carried by the following vote; AYES: Councilmen Hammett, Brede, Horne, Swindle, McSwain, and Tatum. NOES: None ABSTAIN: Councilman Bob Self. 210 ITEM XVI: HEAR REPORT FROM FRANCHISE UTILITIES E Councilman Allen Horne read new Airport Management Agree- ment between C & F Aviation and the City of Stephenville noting the additions and deletions. (Copy attached to and becoming a part of these minutes). After some discussion, Councilman Larry Hammett moved approval of the Airport Management Agreement between C & F Aviation and the City of Stephenville as read. Councilman Allen Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None M XVII: HEAR REPORT FROM WATER Charlene Young, Director of Finance, addressed the Council stating that most of Policies and Procedures listed were in effect now, but she was trying to get all the polices and procedures approved through the years together in one package and the Council does approve said policies and pro- cedures as they now stand. After some discussion, Councilman Larry Hammett moved approval of the Customer Service Policies and Procedures as presented. (A copy of Policies and Procedures attached to and becoming a part of these minutes). Councilman Allen Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 'EM XVIII:HEAR REPORT XIX: & SAFETY COMMITTEE Councilman Larry Tatum, reporting for the Public Health & Safety Committee addressed the Council stating that the Committee recommended no police reserve force at this time. There was no further discussion nor action taken. ESTABLISHMENT OF GUIDE . MEETINGS. AND RELATE Mayor Clayton advised that several councilmembers have suggested written policies be adopted regarding procedures for placing items on agendas, arrangement of agenda items, committee reports, and related matters to assist the City Council's dispostion of business. Councilman Bob Self said he felt the agendas might be compressed some by use of consent agendas, might look at the arrangement of the agenda. He suggested that the City Administrator might do some research through TML and other cities. Councilman Bill Brede suggested using works shops, consent agendas, and citizens sign in and list subject to be discussed with Council. Mayor Clayton appointed Councilmen Self, Brede, and Reynolds as a committee to work with the City Administrator to some recommendations together for the Council to consider. 211 ITEM XX: CONSIDER BIDS RECEIVED FOR FOLLOWING ITEMS: A. Bid #2312 -For Water System Maintenance Materials: Director of Public Works Danny Johnson presented the following bids: Rohan Company -------------------------- $2,189.32 Industrial International--------- - - - - -- $2,297.47 Trans Tex ------------------------------ $2,342.53 Councilman Swindle moved acceptance of the low bid of $2,189.32 from Rohan Company for purchase of water system maintenance materials as recommended by Mr. Johnson. Councilman Self seconded the motion. The motion carried by the vollowing vote: AYES: All members present voted aye. NOES: None B. Bid #2314 -For 3 Police Cars: Councilman Larry Tatum asked for the records to show he did not participate in discussions nor vote on this item due to a conflict of interest. Chief of Police Doug Conner presented the following bids for 3 new police cars: Wayne Blue Ford $35,010.39 Bruner Chevrolet (1986 P1y.GranFury) $35,823.00 Bruner Chevrolet (Chevrolet Caprice) $37,572.00 Bruner Chevrolet (186 Dodge Diplomat) $35,823.00 Councilman Swindle moved acceptance of the low bid of $35,010.39 from Wayne Blue Ford for purchase of 3 police cars as recommended by Chief Conner. Councilman Horne seconded the motion. Councilman Self asked for discussion regarding recon- ditioning old police cars. Would it be financially feasible to completely recondition an old police car rather than buy new cars, if the car(s) qualify for re- conditioning. It was the consensus of the Council this would probably not be feasible as the City does not have its own garage and mechanic. Question was called and the above motion carried by the following vote: AYES: Councilmen Hammett, Brede, Horne, Swindle, and McSwain. NOES: None ABSTAIN: Councilmen Tatum and Self. ITEM XXI: CONSIDER FINAL ACCEPTANCE OF RIDGEVIEW ESTATES SUBDIVISION. Director of Public Works Danny Johnson addressed the Council stating that he would like to recommend approval of of the Ridgeview Estates Subdivision. The As Built Plans, Sepias, Maintenance Bonds, etc. are in order and all con- ditions of the Subdivision Ordinance have been met for acceptance of the improvements, therefore, he would recom- mend the City accept said improvements. Councilman Swindle moved acceptance of the improvements of the Ridgeview Estates Subdivision. Councilman Horne 212 seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None . ITEM XXII: CONSIDER REQUEST BY Mrs. Barbara Morrison addressed the Council stating they have a feed store on the east side of the alley and are purchasing the land on the west side of the alley. They plan to put public scales there and wanted all the land to be theirs. After some discussion, Mayor Clayton referred this item to the Planning & Development Committee for study. Mayor Clayton, at this time, closed the meeting to the public. ITEM XXIII:EXECUTIVE SESSION as provided in the Open Meetings Law, V.T.C.S., Article 6252 -17, Paragraph 2, for the purpose of considering matters of personnel. Mayor Clayton closed the executive session and recon- vened the Council in open meeting. No action was taken on matters discussed in executive session. ATTEST: a_C/1" ity paeecretary 213 David Clayton, Mayor ORDINANCE NO. 1985 -15 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Lot 21, Block 145, City Addition, known as 2202 South Loop, Stephenville, Texas. and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of R -1 Single - Family Dwelling to B -2 Secondary and Highway Business District. Said land is from this date zoned as B -2 Secondary and Highway Business District in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this 5th day of November , 198 5. ATTEST: ity Secretary 214 Mayor David layton ORDINANCE NO. 1985 -16 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: The north sixty (60) feet of Lot 3 and north eighty -five (85) feet of Lot 4, Block 1, Fireside Addition, located in the 1100 Block of Lillian Street, Stephenville, Texas, and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of R -1 Single- Family Dwelling to B -2 Secondary and Highway Business District. Said land is from this date zoned as B -2 Secondary and Highway Business District in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this 5th `day of November , 198 5. Mayor David Clayton ATTEST: ty ecretary 215 ORDINANCE NO. 1985 -17 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Lot 17, Block 145, City Addition, known as 2290 South Loop, Stephenville, Texas, and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of R -1 Single - Family Dwelling to B -2 Secondary and Highway Business District. Said land is from this date zoned as B -2 Secondary and Highway Business District in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this 5th day of November , 198 5. ATTEST: �)c J A, 1"�L CjXy cretary 216 Mayor David C ayton ORDINANCE NO. 1985 -18 AN ORDINANCE AMENDING ARTICLE II (B), SECTION VIII, OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, WHICH SETS OUT THE CONDITIONAL USES IN THE B -1 "NEIGHBOR- HOOD BUSINESS DISTRICT" TO INCLUDE NEWSPAPER PRINTING AS A CONDITIONAL USE. BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Article II (B) of Section VIII of the Zoning Ordinance of the City of Stephenville, Texas is hereby amended as follows: B. Conditional Uses: (Special Use Permit Required) 1. Storage, Sale, or Repair of Furniture & Appliances (Inside Building). 2. Newspaper Printing PASSED AND APPROVED this 5th day of November, 1985. David Clayton, Mayor ATTEST: _7L, 1 A it Secretary 217 CITY OF STEPHENVILLE CUSTOMER ACCOUNTING AND SERVICES RULES, REGULATIONS, AND RATE SCHEDULE 1. Definitions a. "City" means the City of Stephenville and its duly authorized officers and agents. b. "Person" includes firms and corporations, as well as individuals. C. "Customer" means any person who receives water, wastewater or garbage pickup service from the City under either an express or implied contract requiring such per- son to pay the City for such service. d. "Discount date" shall mean the date ten days after the date of a bill, except when some other date is expressly required by these rules, regulations, and rate schedules, or by an agreement approved by the City. The discount date is the last date upon which water bills can be paid at net rates. 2. Obtaining Service Each prospective customer desiring water and /or wastewater service, will be required to pay a service connection or transfer charge, the amounts to be set by the City Council (Council action 11/05/85). The use of water service by the customer shall bind the customer to these rules and regula- tions (Council action 11/05/85). For residential customers, garbage service is mandatory if water and /or wastewater ser- vice is connected (Council action 06/15/73). 3. Meter It shall be unlawful for any person other than a duly authorized city employee to open a city water meter box, such city water meter box being the closed box which housed the meter measuring the water to each city water used and consumer (Code of Ordinances, Art. 1, Sec. 19 -1). All meters shall be installed, tested, repaired, and removed by the City. No one shall do anything which will in any way interfere with or prevent the proper registration of a meter. No one shall enter, tamper with, or work on a water meter without the written permission of the City. No one shall install any pipe or other device which will cause water to pass through or around a meter without passage of such water being registered fully by the meter. 4. Schedule of Rates and Charges All water furnished by the City will be measured in gallons. Water and wastewater shall be furnished at the following rates: (See attachment) 5. Billing Bills for service will be rendered monthly. Water bills must be paid on or before the discount date shown thereon to obtain the net rate, otherwise the gross rate shall apply (Council action 06/05/79). Failure to receive the bill, disputing the amount of the bill, or delay by the postal system will not release customer from payment obligation, nor extend the discount date. The postmarked date on payments received by mail will be considered payment date in determining whether net or gross rates apply. The gross rate includes a 108 penalty charge (Council action 06/05/79). 218 In the event bills are not paid on or before the discount date, a past due notice will be sent to all customers owing a balance. This notice will notify the customer of the date of disconnect and the customer's ability to discuss the bill with the City. The first 240,000 gallons of water used by volunteer firemen will be paid at the end of September each year by the City Fire Department, along with the appropriate wastewater charges (Council action 11/03/81). The firemen will be billed in October for any overage, and are subject to these rules and regulations in the same manner as any other customer. 6. Payment Payment on a utility bill and /or related charges may be made by cash, check, cashier's check, or money order. Payment on an insufficient check may not be made by check; and an insuf- ficient check will not be sent through the bank a second time. No two -party checks or checks for larger than the amount of the bill will be accepted. Payment must be made, or an extension received, to avoid disconnection for non - payment; the only exceptions being schools, government offices, and first month customers. Schools and government offices are the only customers exempt from gross amount and delinquent charges. 7. Discontinuance of Service Refusal to Connect Service. The City will discontinue service or refuse to connect ser- vice for a violation of, or a failure to comply with the following: a. These rules and regulations, including the Schedule of Rates and Charges. b. The customer's contract for service. c. The payment of any obligation due exceeding twenty (20) dollars. d. The payment of a bill or any related charges. The regular date for monthly disconnect will be the 22nd of each month. If the 22nd falls on Monday, Friday, or the weekend, disconnect will be the following Tuesday. If the 22nd falls on a holiday, disconnect will be on the nearest subsequent appropriate day. In emergency situations, an extension of the final due date of the bill may be granted by the City. Application for extension shall be applied for by the customer whose name appears on the statement. Applications for extension should be in writing on the City's form, and must be approved by the Director of Finance or other designated authority. Such extensions shall not exceed three (3) per year for a_ customer. Receiving an extension does not exempt the customer from payment of the gross amount of the bill. Such right to discontinue service shall apply to all service received through a meter, even though the delinquency or violation is limited to only one such customer or tenant. Discontinuance of service by the City for any causes stated in these rules and regulations shall not release the customer from liability for payments that thereafter become due under the minimum bill provisions. Re- establishment of service after the utility bill has been paid will be in order of payment made and must be done only by City employees. 219 It is unlawful for customers to connect or reconnect service themselves in the city water meter box. (Code of Ordinances, Art. 1, Sec. 19 -1). The City shall have the right to refuse to render service to any applicant whenever the applicant or any member of the household, company or firm to which such service is to be furnished, is in default in the payment of any obligation to the City Water and Wastewater Fund or has had his service disconnected because of a violation of these rules and regu- lations. If the City should for any reason begin to render service to an applicant to whom the City has a good and valid reason for refusing to render such a service, the City shall have the right to discontinue such service even though such customer does nothing to justify the discontinuance of service during the time such service is being rendered. 8. Delinquent Charge At 8:30 a.m. on the morning that service is to be discon- tinued for non - payment, a delinquent charge will be assessed against the customer; the amount of this charge to be set by the City Council. This applies to monthly disconnect, non- payment of insufficient checks, and extensions (Council action 06/05/79). 9. Service Charge There shall be a charge for all customer requested service calls, with the following exemptions: a. The meter has been overread. b. Water consumption exceeds 150% of the preceeding month's consumption. Service calls not during office hours shall be charged at twice the regular rate (Council action 06/05/79). Final disconnect of service resulting in a final bill being processed is not considered to be a service call and there will be no service charge. There will be a service charge on all insufficient checks and bank drafts unless a bank employee notifies our office of a bank error (Council action 06/05/79). 10. Billing Adjustments Utility bills may be adjusted in the following instances: a. Payment for the bill has already been made. Customer must provide a copy of the cancelled check, a receipt stamped "paid" for the billing period in question, or other proof which documents payment for service rendered. b. The utility superintendent determines the meter has been overread. c. The meter reading has been entered incorrectly in the computer. 11. Transfer of Service by Customer Customers choosing to transfer service from one local address to another may do so by calling City Hall. A transfer charge will be assessed and billed to the customer, the amount to be set by the City Council (Council action 11/05/85). Water service may be left on simultaneously at both addresses for one week if all bills due have been paid. 220 12. Termination of Service by Customer Customers choosing to discontinue service must notify the City by the day disconnection is desired. An Authorization for Disconnect form should be signed and retained by the customer until all payments have been made. In the event of a discrepancy of the date disconnect was ordered, this form must be presented in order for the customer to receive credit. Failure to request disconnection of service results in the customer continuing to be liable for a minimum bill and all consumption of water, even if no one is residing at the ser- vice address. 13. Access to Customer's Premises The City's identified representatives and employees shall be granted access to customer's premises at all times for the purpose of reading meters, testing, inspecting, repairing, removing, and replacing all equipment belonging to the City. 14. Customer's Responsibility for City Property All meters, service connections, and other equipment furnished by the City shall be and remain the property of the City. The customer shall provide a space for and exercise proper care to protect the property of the City on his premises; and in the event of loss or damage to the City's property, arising from neglect of customer to care for same, the cost of necessary repairs, or replacement shall be paid by the customer. 15. Customer's Responsibility for Violation of Rules and Regulations Where the City furnishes water or wastewater service to a customer, such customer shall be responsible to the City for all violations of the Rules, Regulations, and Rate Schedules of the City, which violations occur on the premises served or in connection with such service. Personal participation by the customer in any such violations shall not be necessary to impose such personal responsibility on the customer. 16. Restricted Use of Water In times of emergencies or in times of water shortage, the City reserves the right to restrict the purposes for which water may be used by a customer and the amount of water which a customer may use. 17. Interruption of Service The City will endeavor to furnish continuous water service, but does not guarantee to the customer any fixed pressure or continuous service. The City shall not be liable for any damages or any interruption of service whatsoever. In connection with the operation, maintenance, repair, and extension of the City's water system; the water supply may be cut off without notice, when necessary or desirable; and each customer must be prepared for such emergencies. The City shall not be held liable for any damages from such interrup- tion of service or for damages from the resumption of service without notice after any such interruption. 221