HomeMy WebLinkAbout1979-10-02 - Regular City Council269
REGULAR SESSION - TUESDAY
OCTOBER 2, 1979 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, CITY OF STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, met in Regular
Session Tuesday, October 2, 1979 at 7 o'clock p.m. with Mayor Donald R.
Jones present and presiding. Councilmembers Mike Leese, Calvin A. McGee,
Charles Riggins, E. W. Ferguson, and Linda Chew were present. Councilmen
W. M. Irwin, Raymond Anderson, and Larry Hammett were absent.
Others attending the meeting were City Administrator Marshall Shelton,
Administrative Assistant Kurt Ackermann, Assistant City Attorney Randy
Chandler, Director of Public Works R. Y. Gann, Director of Utilities Danny
Johnson, Chief of Police Mike Watkins, Fire Marshall Kenneth Haley, Tax
Assessor - Collector Robert Groves, Water Supt. J. D. Chapman, Street Supt.
Clinton Hicks, City Secretary Joyce Pemberton, Mr. Gerald Cook, Mr. Bill
Bledsoe, Mrs. Virginia Dorris and members of the press.
Mayor Jones called the meeting to order.
ITEM I: APPROVAL OF THE MINUTES.
Councilman McGee moved, seconded by Councilman Riggins, that the minutes
of the meetings of August 30th, September 4th, and September 21st, 1979, be
approved as written. Motion carried unanimously by those members present.
I: GERALD COOK'S REPORT OF THE TOURISM & DEVELOPMENT COMMITTEE
Mr. Gerald Cook, local manager of the Chamber of Commerce, gave the
annual report of the Chamber of Commerce's Committee on Tourism & Development
for the City of Stephenville.
ITEM III: DELETION OF THE HAZARDOUS WASTE PROPOSAL FROM GENAUT
INDUSTRIES, INC. - #265
Mayor Jones deleted the Hazardous Waste Proposal from Genaut Industries,
Inc. from the agenda due to the absence of Mr. Boyd Phelps who was to make
the presentation. Mayor Jones advised that he would appoint a committee to
work with Mr. Phelps, if necessary.
ITEM IV: GARBAGE RATE INCREASE APPROVED - #275.
Councilman Leese, reporting for his committee, said that after several
discussions with Mr. Bledsoe, the committee recommends that, due to the in-
crease in the minimum wage and fuel costs, that the City Council grant Mr.
Bledsoe the garbage rate increase of 50r, per residential customer and 75%
of residential rates for mobile homes in mobile home parks as requested.
Mr. Gary Fritcher, 1275 N. 011ie St., asked to speak to the Council
regarding the trash pickup and the dog problems. Mr. Fritcher said he has
had problems with the garbage pick up as he had gone as long as two weeks
without his garbage being picked up. When it was picked up it was strewn
all over the street and yard. Also the garbage trucks run any time from
4:30 a.m. to 4:00 p.m., therefore, he never knew when to put his trash out
for pick up. Mr. Fritcher also asked for more strict enforcement of the
Leash Law as the dogs running loose turn over the garbage cans.
Mr. Shelton advised the Council that in order to initiate the new sewer
rates that the computer would have to be reprogramed for the new rates which
would be expensive. As the new computer is to be ready in December Mr. Shelton
requested permission to delay the initiation of the new sewer rates until the
new computer is ready for use. The Mayor and Council agreed to the delay of
the billing of the new sewer rates due to the reprograming costs.
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After more discussion, Councilman Lees'.e moved, seconded by Council-
man McGee, to approve the garbage rate increase of 50c per month per
residential account and 75% of residential rates per month per mobile
home in Mobile Home Parks, effective with the November'15., 1979, billing.
Motion carried unanimously by those members present.
ITEM V:
ESTABL
OF
Mayor Jones explained that this was an amendment !to the present Zoning
Ordinance establishing a Planning & Zoning Commission along with a Board of
Adjustment and a set of rules and procedures for both. The Planning and
Zoning Commission to a recommending body only. The Board of Adjustment
to be a legislative body with delegated authority.
After some discussion, Councilman Riggins moved, seconded by Council-
man Ferguson, to pass and approve the ordinance amending the present Zoning
Ordinance effective immediately. Motion carried unanimously by those
members present.
Mayor Jones nominated, subject to their acceptance, the following
persons to serve on the Planning & Zoning Commission: Mrs. Helen Martin,
Mrs. Virginia Dorris, Mr. Ron Jones, Mr. Clinton Cox, Mr. Jeremy Curtoys,
Mr. J. Louis Evans, Mr. C. H. Maguire, Jr., Mr. Bill Stem, Mr. Lee Wilson,
and Mr. Ralph Kemp.
Councilman McGee moved, seconded by Councilman Riggins, that the above
named persons be appointed to serve as the Planning & Zoning Commission,
subject to their acceptance. Motion carried unanimously by those members
present.
Mayor Jones nominated Mrs. Virginia Dorris, Mrs. Helen Martin, Dr.
Robert Fain, Mr. Wayne Barham, and Mr. Bob Boone to serve as the Board
of Adjustment, subject to their acceptance. Motion carried unanimously
by those members present.
Councilman Leese moved, seconded by Councilman Riggins, to appoint the
above named persons to service as the Board of Adjustment, subject to their
acceptance. Motion carried unanimously by those members present.
VI: MR. CLINTON COX NOMINATED AS THE CITY'S REPRES
Councilman Riggins moved, seconded by Councilman Ferguson, that the
City Council of the City of Stephenville nominate Mr. Clinton Cox to serve
on the single county Tax Appraisal District. Motion carried unanimously
by those members present.
ITEM VII: AUTHORITY GRANTED TO BORROW $300,000 - #55
City Administrator Marshall Shelton requested authority to borrow
$300,000 at 8.5°% interest to be redeposited in Certificates of Deposit
at 10.35% interest with said interest to be applied to the Water Im-
provement Program.
Councilman Leese moved, seconded by Councilwoman Chew, that the City
Council grant Mr. Shelton the authority to borrow $300,000 at 8.5% interest
from the Stephenville Bank and Trust Company to be redeposited in Certi-
ficates of Deposit with the interest to be applied to the Water Improvement
Program. Motion carried by the following vote:
AYES: Councilmembers Leese, McGee, Ferguson and Chew.
NOES: None
ABSTAINED: Councilman Riggins
ABSENT: Councilmen Irwin, Anderson and Hammett.
ITEM VIII: AN ORDINANCE DEDICATING TWO PARCELS OF LAND AS PART OF
THE EAST LONG STREET PROJECT - #90
Mayor Jones advised that there were two parcels of land owned by the
City that were involved in the East Long Street Project that need to be
dedicated as part of East Long Street in order to complete said project.
W
Councilman McGee moved, seconded by Councilman Leese, to pass and
adopt an ordinance dedicating 0.38 acre out of Lot 1, Block 78, City
Addition, and 0.67 acre out,of Lot 3, Block 78, City Addition, as a
part of East Long Street. Motion carried unanimously by those members
present.
ORDINANCF.
ORDINANCE DEDICATING TWO PARCELS OF LAND OWNED BY THE CITY OF
STEPHENVVULE -AND THE FIRST BEING 16,477 SQUARE FEET OR 0.38
ACRE OUT OF LOT '1, BLOCK 78, CITY OF STEPHENVILLE, ERATH COUNTY,
TEXAS, AN6 THE SECOND BEING 29,150 SQUARE FEET OF LAND OR 0.67
ACRE AND BEING OUT OF LOT 3, BLOCK 78, CITY OF STEPHENVILLE,
ERATH COIiNTY, TEXAS, AS A PART OF EAST LONG STREET IN THE CITY
OF STEPHENVILLE.
ITEM IX: BID AWARDED FOR SEWER CLEANING MACHINE - #111.
Administrative Assistant Kurt Ackermann advised the Council that
$16,000 had been budgeted for a new sewer cleaning machine and the
following bids had been received:
Hydro- Dy -Namic Cleaners, Inc .--------------- - - - - -- $14,600.00
P.O. Box 125
Boerne, Texas
Naylor Industries --------------------------------- $14,534.34
604 Sherwood
Richardson, Texas
Environmental Sales & Service ---------------------- $12,800.00
1137 W. Hurst Blvd.
Hurst, Texas
After some discussion, Councilman McGee moved, seconded by Council-
man Riggins, to accept the low bid of $12,800.00 submitted by Environmental
Sales & Service of Hurst, Texas. Motion carried unanimously by those
members present.
OF CONTRACT
CRIMINAL INVEST
Mayor Jones explained that a contract had been drawn naming Mr. Ralph
Mosier as a criminal investigator for the city and the county. This contract
has been signed by the Council with the exception of Councilmen Irwin and
Anderson who were not available at the time. Also the contract had been
signed by the County Commissioners. Mayor Jones said he recommended approval
of said contract by the Council.
After some discussion, Councilman Leese moved, seconded by Councilman
Riggins, that the City Council adopt and approve the contract between the
City and the County for the hiring of Mr. Ralph Mosier as the City- County
Criminal Investigator from October 1, 1979 to October 1, 1980, on the basis
outline in said contract. Motion carried unanimously by those members present.
CONTRACT
CONTRACT BETWEEN THE STEPHENVILLE CITY COUNCIL AND THE COMMISSIONERS
COURT OF ERATH COUNTY, TEXAS, REFERENCE AN INVESTIGATOR, TO BE KNOWN
AS THE INVESTIGATOR FOR—THE COUNTY AND CITY, MR. RALPH MOSIER:
Ralph wishes to retain his benefits as a county employee, and he will
be paid by the County. The Sheriff and the Chief of Police have agreed,
with the approval of the City Council and Commissioners, to each pay $600.00
per month, plus benefits, of which the City will pay half, exact amount un-
known. Further, the City will furnish the investigator's vehicle and radio,
and the County will furnish the gasoline, etc., and upkeep of said vehicle.
This would be with everyone's approval, and with Mr. Mosier starting October
1, 1979. This would be set up from October 1, 1979 to October 1, 1980, and
then re- evaluated to see if one or the other parties should compensate more
or less, depending upon the evaluation of theiinvestigator's time, or if it
should be the same.
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ITEM XI: COUNTY FIREFIGHTING RATE PROPOSAL - #198.
Mayor Jones advised that he had met with County Judge McCoy and
Mayor Lesley Billingsley of Dublin and the three of them decided,
subject to the approval of the respective governing bodies, to appoint
an Advisory Committee of non - council and non - commissioner persons to
look at all the aspects of the intergovernmental relations with the
idea of combining or consolidating some of the areas where possible.
Also by contracting with some of the other entities to perform some
of the services, if it could be done better by one than the other.
(Examples would be dispatching and firefighting). This would be an
advisory committee only. They anticipate appointing two members each
to said committee. Giving them information in regard to what the
expenditures presently are by the cities and county on various items and
what the percentage uses are etc. and see if the committee can come up
with some recommendations. There may also be some areas where they
could recommend to remove services that are overlapping. Hopefully,
all entities can Gave some money and provide better services to the
people they represent. Mayor Jones said he would appoint the city's
two representatives at a later date.
ITEM XII: AN ORDINANCE PROVIDING A PENALTY FOR VIOLATION
OF THE PROVISIONS OF CHAPTER 10 OF THE CODE OF
ORDINANCES - 1230.
Councilman Riggins moved, seconded by Councilman Leese, that the
City Council adopt and approve the ordinance providing a penalty for
violation of Chapter 10 of the Code of Ordinances as read by Mayor
Jones. Motion carried unanimously by those members present.
ORDINANCE
AN ORDINANCE PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS
OF CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE
AND ADDING TO THIS CHAPTER SECTION 10 -24, WHICH FIXES A'FINE NOT TO
EXCEED $200.00 FOR EACH SUCH VIOLATION AND PROVIDING THAT EACH AND
EVERY DAY'S VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT
OFFENSE AND MAKING THE PRESIDENT AND VICE - PRESIDENT, SECRETARY OR
TREASURER OF ANY CORPORATION WHICH VIOLATES ANY PROVISION OF THIS
ORDINANCE OR ANY MANAGER, AGENT, OR EMPLOYEE, SEVERALLY LIABLE FOR
THE PENALTIES HEREIN PROVIDED.
ITEM XIII: 1979 -1980 BUDGET REVISIONS - #270.
City Administrator Shelton advised the Council that there were a few
budget revisions since the last one in September. He said the major re-
vision was about $5,000.00 for material for the repair of the road to the
landfill. He said he would like to transfer $5,000.00 from the Contingency
Fund to the Street Department, Account #422. He said the other revisions
were minor and, if there were other revisions next month, he would bring
them back to the Council.
Mayor Jones advised that the repairs to the road to the landfill was
a cooperative effort between the County Commissioners and the City. Mayor
Jones said he had advised the Commissioners that this was not precedent
setting. That the City did not intend to maintain this road in the future.
Councilman McGee moved, seconded by Councilwoman Chew, that the City
Council approve the budget revision to transfer $5,000.00 from the Contingency
Fund to the Street Department, Account #422, for the purpose of taking care
of the expenditure of the repairs to the landfill road. Motion carried un-
animously by those members present.
290 -A
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY
ADDING SUBSECTION G TO SECTION 19 OF SUCH ORDINANCE SETTING OUT RULES OF
PROCEDURE TO BE FOLLOWED BY THE BOARD OF ADJUSTMENT; AND BY ADDING A NEW
SECTION TO SAID ZONING ORDINANCE BY ADDING TO SUCH ORDINANCE SECTION 19A
PROVIDING FOR A CITY PLANNING AND ZONING COMMISSION TO BE KNOWN AS THE CITY
PLANNING AND ZONING COMMISSION OF THE CITY OF STEPHENVILLE, PROVIDING FOR
TERMS OF OFFICE, THE NUMBER AND QUALIFICATIONS OF THE MEMBERS; THE DUTIES
AND POWERS OF THE COMMISSION, QUORUM OF MEMBERSHIP REQUIRED, ORGANIZATION,
DUTIES, KEEPING OF RECORDS, AND CONDUCT OF HEARINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Section 19 of the Zoning Ordinance of the City of Stephenville is
hereby amended by adding thereto Subsection G which is as follows:
101. ORGANIZATION
The Board of Adjustment shall consist of •4'6`T) mbers appointed by the
City Council and shall be organized under the laws of the State of Texas
and the Zoning Ordinance of the City.
102. OFFICERS
A Chairman and Vice - Chairman shall be elected from among the Board's
membership at the annual meeting of the Board and at such other times as
these offices may become vacant. The City's chief executive officer shall
designate his representative to serve the Board as Executive Secretary.
103. DUTIES
A. The Chairman, or in his absence the Vice - Chairman, shall preside at
all meetings, shall decide all points of order or procedure, and as
necessary shall swear in witnesses or compel their attendance.
B. The Executive Secretary shall be custodian of the minutes and other
official records, shall attend to the correspondence of the Board, and
shall cause to be given such notices as are required and in the manner
prescribed by law.
104. RULES OF ORDER
Roberts Rules of Order, latest revision, shall be the Board's final
authority on all questions of procedure and parliamentary law not covered
by these Rules of Procedure.
201. QUORUM
A quorum shall consist of four members.
202. AGENDA
An agenda shall be prepared by the Executive Secretary for each meeting of
the Board. The agenda shall include appeals and other matters scheduled
• for consideration by the Board. There shall be attached to the agenda a
list of matters pending further action by the Board and pending report of
disposition by the Executive Secretary. A copy of the agenda shall be
posted in the City Hall as required by law for a period of three full
calendar days not counting the'day of meeting or the day of posting.
203. REGULAR MEETING
Regular meetings shall be held on the 2nd Wednesday knkk�WiRgxghu
of each month at 3_:00 p.m.
at such place as the Board may direct on its notices.
2,90 -B
204. SPECIAL MEETINGS
Special meetings for any purpose may be held (1) on the call of the Chairman,
or (2) on request of two or more members and by giving written notice to all
members deposited in the mail at least 48 hours before the meeting, or (3) as
may be scheduled by a majority of the Board at any previous meeting.
205. PUBLIC MEETINGS
All meetings shall be held in full compliance with the provisions of state
law, the Zoning Ordinance of the City and these Rules of Procedure. Any
party in interest may appear in his own behalf or be represented by counsel
or agent.
301. DEFINITION
The official records shall include these rules and regulations, and the
minutes of the Board together with all findings, decisions, and other
official actions. Stenographic notes of the Recording Secretary and tape
recordings of proceedings and discussions shall not constitute the official
record of the Board.
302. RECORDING OF VOTE _
The minutes of the Board's proceedings shall show the vote of each member
on each decision of the Board, or if absent or failing to vote shall
indicate that fact.
303. FILES -- RETENTION
All appeals and other matters coming before the Board shall be filed in the
City's records. Original papers of all appeals; shall be retained along with
other special matter as the Executive Secretary deems essential for permanent
record.
304. PUBLIC RECD
The official record, appeals accepted for filing, and other matters presented
to the Board in regular or special meeting shall be on file in the City Hall
and shall be open to public inspection during customary working hours.
401. TYPES OF APPEAL
The Board shall consider only three types of appeals as are authorized under
Article 1011g, Revised Civil Statutes of Texas, as amended:
(1) for interpretation of the meaning or intent of the Zoning Ordinance, _
(2) for a special exception for use or development of property. on which
the Board is required to act, or
(3) for a variance from the literal enforcement of the Zoning Ordinance
in order to achieve a reasonable development of property.
402. REFUSAL REQUIRED
No appeal shall be taken to the Board until and unless the Enforcing
Officer has first refused a permit for plans submitted or has rendered
an interpretation of the Zoning Ordinance.
_
403. APPLICATION REQUIRED
Every appeal shall be filed on application forms provided by the City,'
shall be accompanied by the prescribed fee, and shall be complete in all
respects before being accepted for filing. The application shall bear the
signature of the owner of the property under appeal or shall be accompanied
by a letter from the owner acknowledging taking of the appeal. An incomplete
,application or a communication purporting to be an application and not
made in the form prescribed shall be regarded only as a notice of intent
to appeal, and shall not be considered or acted upon by the Board.
404. GUIDELINES FOR APPLICATION; AND DECISION
Every appeal shall be prepared by the applicant and shall be considered by.
the Board according to the guidelines contained in this ordinance for the
type of appeal under consideration. Where two or more different types of
appeals are included in the same application, each set of guidelines shall
apply to the consideration of the appeals.
405. FILING DEADLINE
An appeal shall be filed with the Board within ten (10) days after the
date of decision of the Enforcing Officer. Every appeal shall be filed with
- the Executive Secretary of the Board not later than fifteen (15) days
prior to the regular meeting date of the Board. Appeals filed after the
deadline shall be scheduled for the next regular meeting. When the filing
deadline falls on a City holiday the following workday shall be observed
as the filing deadline.
406. NOTICE
A. Public notice of any appeal affecting a specific property shall be
given as prescribed in the Zoning Ordinance by means of a written
notice deposited in the United States Mail, postage prepaid, not
less than ten (10) days prior, to the date of hearing. The notice
shall identify the applicant, the location of the property in
question, the nature of the request; and the applicable Zoning
Ordinance requirements.
B. Public notice of any appeal seeking an interpretation of Zoning
Ordinance regulations which would apply throughout the City, shall
be given by means of a legal advertisement appearing in the official
newspaper,of the City not less than ten (10) days prior to the
date of hearing. Written notice shall also be given to the appli-
cant and his agent as provided in paragraph A, above. The notices
shall identify the applicant, the nature of the question involved,
iand the affected provisions of the Zoning Ordinance.
I
407. SUBMISSION OF EVIDENCE
Evidence supporting the grant or denial of an appeal shall be submitted
only through the Executive Secretary or to the Board in public meeting.
408. WITHDRAWAL OF APPEAL
Any appeal may be withdrawn upon written notice to the Executive Secretary;
but no appeal shall be withdrawn after giving of public notice and prior
to Board action thereon without3formal consent of the Board.
409. APPEAL AFTER BOARD DENIAL
No appeal that has been denied shall be further considered in a new appeal
resulting from the filing of new plans and the obtaining of a new decision
from the Enforcing Officer, unless the new plans materially change the
nature of the case.
4,
410. EXPIRATION OF GRANTED APPEAL
Approval of any appeal shall expire 90 days after the Board's decision
unless authorized construction or occupancy permits have been obtained, or
unless a greater time is requested in the application and is authorized by
the Board. Any approval may be granted one extension of an additional
90 days on.written request filed with the Board before_ expiration of the
original approval. The time limit for every granted appeal shall commence on
the first day of the month succeeding the month in which the Board renders
its decision.
501. PUBLIC HEARINGS
Hearings on all matters on which a decision of the Board is required by
law shall be .open to the public. The applicant may appear in his own
behalf or be represented by counsel or agent.
502. ORDER OF BUSINESS
The Chairman.shall call the Board to order and the Executive Secretary
shall record the members present and absent. The Chairman shall publicly
advise those present of the procedures followed in the hearing and
disposition of appeals; he shall call each appeal in the order filed
and shall announce the name of the applicant, the location, of the property
involved, and the nature of the request. The Executive Secretary shall .
publicly advise the Board of any communications received. Supporting
evidence for and against each', case shall be presented to the Board. Each
case may be taken under advisement until all have been heard.
503. PROCEDURE FOR HEARING
A. The Chairman shall first call upon the applicant to present his case
and all evidence supporting his plea. The Chairman shall then inquire
of the applicant if there are others affected who support the appeal.
B. The Chairman shall next call on those opposed to the granting of the
appeal to present their arguments. The applicant shall then have the
right of rebuttal to arguments presented by the opposition. Following
the rebuttal the Chairman shall order the hearing closed.
C. Each side shall proceed without interruption by the other, and all
arguments and pleadings shall be addressed to the Board. No question-
ing or arguments between individuals will be permitted. During the
hearing no member shall discuss,.debate or argue an issue with the
applicant, nor indicate his probable vote on the appeal.
D. The Board may not continue hearing on any appeal for which the applicant
fails to appear:unless, the applicant has requested that the Board act
without his being present at the hearing; provided, however, the Board
shall hear those persons appearing in response to the notice of hearing.
504. BOARD'S QUESTIONS
The Chairman may direct any question to the applicant or any persons
speaking in order to bring out all relevant facts, circumstances and
conditions affecting the appeal, and shall call for questions from other
members of the Board and from the staff before closing the hearing on each
appeal.
505. DECISION
After all appeals have been heard each appeal shall be reviewed and acted
upon. During its review the Board may call back any applicant for clarifi-
cation of facts presented by him in the hearing.
__ __I
506. DISPOSITION OF APPEALS
The Board may grant, may grant with modifications, or may deny an appeal.
The Board may also. defer action on any appeal whenever it ,concludes that
additional evidence is needed or that alternate solutions need further
study. An appeal may be dismissed when the Board finds that the appeal
has been improperly filed or, upon notification by the Enforcing Officer
that permits have been issued for a conforming use or development of the
property.
507. VOTE REQUIRED
The concurring vote of four members shall be necessary to grant, or to
grant conditionally, any matter appealed to the Board. When a motion in
favor of an applicant fails to receive four affirmative votes, the Executive
Secretary shall record that fact and he shall spread on the minutes an
entry stating that the Board has denied the appeal.
508. RECONSIDERATION: OF REQUEST
Any appeal which has received final action may be reconsidered by the
Board only upon the filing of a new application or appeal. Provided,
however, such a request to reconsider shall state clearly (1) how the
Board erred in its determination and (2) why the action should be
reconsidered. The appeal for reconsideration shall be accompanied by such
new evidence as was not available to the applicant or the Board at the
time of original consideration.
601. CERTIFIED COPY
A certified copy of these Rules and Regulations and of any amendments
thereto will be placed on record in the office of the City Secretary
within ten days following their date of adoption.
602. REPEALING CLAUSE
All previously adopted rules and regulations of the Board shall be and
the same are hereby expressly repealed.
701. INTERPRETATION: BASIS FOR FILING
Whenever it is alleged that there is an error in any determination or
application of the requirements of the Zoning Regulations an appeal for
interpretation of the regulations or map designations may be filed with
the Board.
702. INTERPRETATION: PAPERS REQUIRED
An appeal shall include:
1) a STATEMENT by the Applicant describing the way it is alleged
the Regulation should be interpreted, together with diagrams
and charts illustrating the erroneous and the proper applica-
tion of the map or text provisions.
2) a.STATEMENT by the Enforcing Officer giving his reasons for his
interpretation of the Zoning Regulations.
703. INTERPRETATION: BASIS FOR ACTION
A. Before acting on an appeal for interpretation the Board shall
consider:
1) the facts and statements filed in the application,
2) the testimony presented at the public hearing,
3) the.City staff's technical report on the appeal, and
4) the Board's independent investigation of the language of the
Ordinance and of related ordinances bearing thereon.
N
B. The Board will make such interpretation as ought to be made provided
the applicant has demonstrated to the satisfaction of the Board that
one or more of the following conditions exist and that the decision of
the Board would be in the interest of the community and would carry
out the spirit and intent of the Zoning Regulations.
1) that there is reasonable doubt of difference of interpretation .
as to the specific intent of the regulations or map;
2) that an appeal of use provisions would clearly permit a use
which is in character with the uses enumerated for the various
zones and with the objectives of the zone in question; and
3) that the resulting interpretation will not grant a special
privilege to one property inconsistent with other properties or
uses similarly situated.
704. SPECIAL EXCEPTION: BASIS FOR FILING
Whenever Zoning Regulations require specific approval by the Board for
the development or use of property, an application for a special exception
shall be approved by the Board before the Enforcing` Officer shall issue
a permit for the proposed construction or use.
705. SPECIAL EXCEPTION: PAPERS REQUIRED
An application for a special exception shall include:
1) a SITE PLAN, drawn to scale, showing all lot dimensions, and the
location and dimensions of all existing and proposed lot improvements;
2) a STATEMENT by the Enforcing Officer. citing the reason for referral
of the proposal to the Board, and
3) a STATEMENT by the applicant describing the way in which all
conditions prescribed by Zoning Regulations and by these rules will
be or have been met.
706. SPECIAL EXCEPTION: BASIS FOR ACTION
A. Before acting on the application the Board shall consider:
1) the facts filed with the application,
2) the testimony presented at the public hearing,
3) the City staff's technical.report on the application, and
4) the Board's filings in its field inspection of the property.
B. The Board will grant the application, subject to such special terms
and conditions as it deems necessary to insure compatibility of the
proposed use or development with adjacent properties, provided the
applicant has demonstrated to the satisfaction of the Board:
1) that all conditions enumerated in the Regulations for the special
exception use or development will be complied with;
2) that.the proposed use will not be obnoxious, dangerous or
unnecessarily hazardous to persons or property at or near such
location;
3) that, where the Board finds it necessary, provision will be made
for the installation and maintenance of the best practical means known
for the abatement of obnoxious or offensive fumes, gas, dust, smoke,
odor, water carried waste, noise, vibration or similar nuisance; and
4) that the granting of the exception will further the objectives,
spirit and intent of the Zoning Regulations.
707. VARIANCE: BASIS FOR FILING
Whenever, owning to exceptional and extraordinary conditions, the literal
enforcement of the provisions of the Zoning Regulations will result in
unnecessary hardship in the development of the property, an appeal for a
variance may be filed with the Board of Adjustment.
-7.
j-
708. VARIANCE: PAPERS REQUIRED
An appeal for variance, shall include:
1) a SITE PLAN;.drawn to scale, showing the location and dimension
of the lot and of all existing and proposed improvements; and
2) a STATEMENT OF FACTS AND REASONS why the Zoning Regulations
should not be applied to the property in question and how the
standards governing the Board's actions would be satisfied;
and
3) a STATEMENT by the Enforcing Officer citing the reasons for
refusing to issue a permit under the plans submitted.
709. VARIANCE: BASIS FOR ACTION
A. Before acting on an appeal for variance the Board shall consider:
1) facts filed with the application,
2) testimony presented at the public hearing on the appeal,
3) the City staff's technical report on the appeal, and
4) the Board's findings in its iai4ed inspection of the property.
Flgkb
B. The Board shall grant the appeal, subject to such terms and conditions
as it may fix, provided the applicant has demonstrated to the satis-
faction of the Board that the conditions governing the granting of a
variance as set forth in the Zoning Regulations are satisfied and that
the decisions of the Board would_be.in the interest of the community
and would carry out the spirit and intent of the Zoning Regulations.
710. VARIANCE: SPECIAL INFORMATION REQUIRED
A. When an appeal is based upon hardship resulting from sharp changes in
topography or unusual terrain features, the SITE PLAN shall include
topographic information related to known base points or surveys, and
profiles of the particular problem involved, including relationship
to topographic features of adjoining properties.
B. When an appeal is submitted for variance of 'side or rear yard
requirements, the applicant shall provide the same information for the
properties adjoining the common lot line as may be applicable to the
appealed requirements.
C. When an appeal is submitted for a variance from front yard setback,
or for side yard setback on a side street, the applicant shall furnish
a strip map showing the setback of main walls of all buildings on
the same side of the street within a distance of 200 feet of the
applicant's property.
Section Two
The Zoning Ordinance of the City of Stephenville is hereby amended
by adding thereto a new Section to be known as Section 19A and which is
as follows:
1. CREATION AND PURPOSE
A Planning and Zoning Commission is hereby created in order to accomplish
the following purposes:
A. To identify community needs and to advise the City Council of their
short -range and long -range implications for the total development
of the City;
B. To recommend achievable community goals as a basis for long -range
planning and development programs;
C. To recommend plans, programs, and policies that will aid the entire
community in achieving its defined goals; and
D. To interpret the adopted plans and programs to concerned citizens so
that private activities and desires may be accomplished in harmony
with public needs and policies.
zONi C dnO
E. To exercise all the powers set out in the Subdivision Ordinance of
the City of Stephenville.
2. MEMBERSHIP AND APPOINTMENT
The Planning and Zoning Commission shall be composed of ten (10) qualified
electors of the City. The City Council will consider for appointment to the
Commission only those persons who have demonstrated their .civic interest,
general knowledge of the community, independent judgment, interest in
planning and zoning, and availability to prepare for and attend meetings.
It is the intent of the City Council that members shall, by reason of
diversity of their individual occupations, constitute 'a Commission which
is broadly representative of the Community.
3. TERMS OF OFFICE.
The terms of five (5) of the members shall expire on January 15th of each
odd - numbered year and the terms of five (5) of the members shall expire
on January 15th of each even - numbered year. The members of the Commission
shall be identified by place numbers one (1) through ten (10). The odd -
numbered places shall expire in the odd - numbered years; the even - numbered
places shall expire in the even - numbered years. Commission members may
be appointed to succeed themselves. Vacancies shall be filled for
unexpired terms, but no member shall be appointed fora term in excess of
two years. Newly - appointed members shall be installed at the first regular
Commission meeting after their appointment.
4. ORGANIZATION
The Commission shall hold an. organizational meeting in January of each
year and shall elect a Chairman and Vice - Chairman from among its members
before proceeding to any other matters of business. The Commission
shall elect a Secretary and such other officers as it deems necessary
either from its membership or from staff representatives assigned by the
chief executive of the City to work with the Commission. The Commission
shall meet regularly and shall designate the time and place of its
meetings. The Commission shall adopt its own rules of procedure and
keep a record of its proceedings consistent with the provisions of this
ordinance and the requirements of law.
5. DUTIES AND POWERS
The Planning and Zoning Commission is hereby charged with the duty and
invested with the authority to:
A. Inspect property and premises at reasonable hours where required in
the discharge of its responsibilities under the laws of the State
of Texas and of the City.
B. Formulate and recommend to the City Council for its adoption a
City Plan for the orderly growth and development of the City and
its environs, and from time to time recommend such changes in the
Plan as it finds will facilitate the movement of people and goods,
and the health, recreation, safety, and general welfare of the
citizens of the City.
C. Formulate a zoning plan as may be deemed best to carry out the
goals of the City Plan; hold public hearings and make recommendations
to the City Council relating to the creation, amendment, and imple-
mentation of zoning regulations and districts as provided in
Articles 1011a to 1011k, Revised Civil Statutes of Texas, as amended,
authorizing cities and incorporated villages to pass regulations;
all powers granted under said Act are specifically adopted and made
a part hereof.
6,
- - - - - -'
D. Exercise all the powers of a Commission as to approval or dis
approval of plans, plats, or.replats and vacations of plans., plats .
or replats set out in Article 974a and 970a, Revised Civil Statutes
of Texas.
E. Study and recommend on the location, extension and planning of public
rights -of -way„ parks or other public.pla.ces, and on the vacating or
closing of same.
F. Study and recommend on the general design and location of public
buildings, bridges, viaducts, street fixtures and other structures
and appurtenances. Study and recommend on the design or alteration
and on the location or relocation of works of art which are, or may
become, the property of the City.
G. Initiate, in the name of the City, for consideration at public
hearing all proposals: (1) for the opening, vacating or closing of
public rights -of -way, parks_or other public places; (2) for the
original zoning of annexed areas; and (3) for the change of zoning
district boundaries on an area -wide basis_ No fee shall be required
for the filing of any such proposal in the name of the City.
H. Formulate and recommend to the City Council for its adoption policies
and regulations consistent with the.. .adopted City Plan governing the
location and /or operation of utilities, public facilities and ser-
vices owned or under the control of the City.
I. Keep itself informed with reference to the progress-of City Planning
in the United States and other countries and recommend improvements
in the adopted plans of the City.
J. Submit each January a progress report to the City Council summariz-
ing its activities, major accomplishments for the past year, and a
proposed work program for the coming year. The report shall contain
for the year the attendance record of all members and the identity
of ,Commission officers.
6. MEETING AND QUORUM
A quorum for the conduct of business shall consist of seven (7) members
of the Commission. The members of the Commission shall regularly attend
meetings and public hearings of the Commission and shall serve without
compensation, except for reimbursement of authorized expenses attendant
to the performance of their duties.
7. COMMISSION ACTIONS
A. A motion may be made by any member other than the presiding officer.
B. A motion to approve any matter before the Commission or to recommend
approval of any request requiring Council action shall require a
majority of favorable votes of the members present. When fewer than
all the members are present for the voting and when all motions to
recommend on a given application fail to carry by majority votes,
consideration of the application shall be continued to the next
regular meeting upon motion carried by a majority of those present.
Provided further that no request or application shall be continued
under this rule beyond the next regular meeting; failure of the
Commission to secure majority of concurring votes to approve or
recommend approval at said next regular meeting shall be recorded
in the minutes as a denial.of the proposal under this rule.
8. DISQUALIFICATION FROM VOTING
A. A member shall disqualify himself from voting whenever he finds that
he has a personal or monetary interest in the property under appeal,
or that he will be directly affected by the decision of the Commission.
B. A member may disqualify himself from voting whenever any applicant,
or his agent, has sought to influence the vote of the member on his
application, other than in the public hearing.
E G7,
9. ORGANIZATION
The Planning and Zoning Commission shall be organized and shall exercise
such powers as prescribed by the Ordinance of the City.
10. OFFICERS
A Chairman and Vice - Chairman shall be elected annually from among the
Commissions' membership at the first meeting in January and at such
other times as these offices may become vacant. In the absence of both
the Chairman and Vice - Chairman, the Commission shall elect an Acting
Chairman. A Secretary shall be appointed from the members of the
Commission or from staff personnel assigned by the City's chief executive
officer to serve the Commission.
11. DUTIES
A. The Commission shall advise the City Council on those matters
falling within its charged responsibilities in -a manner reflecting
concern for the overall development and environment of the city as a
setting for human activities.
B. The Chairman, or in his absence the Vice - Chairman, shall preside at
all meetings-, shall decide all points of order or procedure. All _
letters of transmittal from the Commission to the City Council
shall be over the signature of the Chairman.
C. The Secretary shall be custodian of the minutes and other official .
records, shall attend to the correspondence of the Commission, and
shall cause to be given such notices as are required and in the
manner prescribed by law.
12:_ RULES OF ORDER
Roberts Rules of Order, latest revision, shall be the Commission's final
authority on all questions of procedure and parliamentary law not covered
by these Rules of Procedure.
13. AGENDA
An agenda shall be prepared by the Secretary for each meeting of the
Commission. There shall be attached to each agenda a report of matters
pending further action by the Commission. A copy of the agenda shall be
posted in the City Hall as required by law for a period of three full
calendar days not counting the day of meeting or the day of posting.
_i
14. REGULAR MEETINGS
Regular meetings shall be held on 3rd Thursday of each ffiax� *kiz month
avnie$ after the regular meeting of the City Council at 3:00 p.m. in the
Council Chambers of the City Hall, unless otherwise determined by the
Commission.
15. SPECIAL MEETINGS
Special meetings for any purpose may be held: (1) on the call of the
Chairman, or (2) on request of two or more members and by giving written
notice to all members deposited in the mail at least 48 hours before the
meeting, or (3) as may be scheduled by a majority of the Commission at
any previous meeting. The time and place of the special meeting shall
be determined by the convening authority.
16. PUBLIC MEETINGS
All meetings shall be held in full compliance with the provision of
state law, ordinances of the City and these Rules of Procedure. Any
party in interest may appear in his own behalf or be represented by
counsel or agent.
17.. PLANNING SESSIONS
The Commission may be convened as a committee of the whole in the same
manner as prescribed for the calling of a special meeting for the purpose
of holding a planning session, provided that no official business shall
be conducted thereat and no quorum shall be required.-
18., DEFINITION -- OFFICIAL RECORDS
The official records shall be these rules and regulations and the minutes
of the Commission together with all findings, decisions and other official
records of the Commission.
19. RECORDING OF VOTE
The minutes of the Commission's proceeding shall show the vote of each
member, or if absent or failing to vote shall indicate that fact.
20. FILES -- RETENTION
All matters coming before
records. Original papers
as a part of the permanent
21. PUBLIC RECORD
the Commission
of all requests
record.
shall be filed in the City's
and proposals shall be retained
The official records and citizen requests
in regular or special meetings shall be on
shall be open to public inspection during
22. WRITTEN REQUEST REQUIRED
filed for Commission action
file in the City Hall and
customary working hours.
Every proposal submitted for Commission action shall be made in writing.
Where appropriate application forms are provided by the City; the
proposal shall be filed on said forms, shall be accompanied by all
prescribed fees, and shall be complete in all respects before being
accepted for filing.
23. SCHEDULES AND INSTRUCTIONS
Every proposal or request for Commission action or recommendation shall
be filed, processed and considered in accordance with specific
schedules and instructions adopted as Appendices to these Rules of
Procedure.
24. SUBMISSION OF SUPPORTING INFORMATION
Information supporting a "request or recommendation to approve or dis-
approve any proposal before the Commission shall be submitted only through
the Secretary in writing or to the Commission in public meeting.
25. WITHDRAWAL OF PROPOSAL
When any applicant desires to withdraw his.proposal he may do so by
filing a written request to that effect with the Secretary. Such request
shall be effective upon the date of its official receipt, provided, however,
that no such request shall be valid after notices have been mailed, except
on action of the Commission. Withdrawal of a proposal at any stage of
its processing shall terminate all consideration of it by the City, and
the case file thereon shall be closed.
26. ORDER OF BUSINESS
The Chairman shall call the Commission to order, and the members present
and absent shall be recorded. The minutes of any preceding meeting
shall be submitted for approval. The public shall be advised of the
procedures to be followed in the meeting. The Executive Secretary shall
publicly advise the Commission of any communications received pertaining
to any matter before the Commission.
The Commission shall then hear and act upon those proposals scheduled
for consideration or public hearing together with such other matters of
business and report as the Commission or Executive Secretary finds to
require Commission consideration.
27. PRESENTATION OR HEARING OF PROPOSALS
A. The Commission shall call, or cause to be called by the Executive
Secretary, each proposal in such order as to be in accord with the
hearing time specified in the notice of public hearing.
B. The Chairman shall next call on the staff for a factual summary
and presentation relative to the proposal and shall afford the
staff an opportunity to call to the attention of the Commission any
additional pertinent communications.
C. The Chairman shall then call on persons present who wish to speak
to the proposal and shall direct that they speak in the following
order:
1) The applicant or his representative;
2)
Those
persons
in
support;
3)
Those
persons
in
opposition
Whenever necessary the Chairman,; shall direct that all remarks shall
be germane to the proposal. No rebuttal shall be permitted by
either side, but the Commission may direct questions to any speaker
in order to clarify statements and facts presented.
D. The Chairman shall then declare the public presentation or hearing
closed, as to that proposal.
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PASSED AND APPROVED this 2nd day of October, 1979.
Mayor
ATTEST:
City Secretary
ilp_
292 -A
ORDINANCE DEDICATING TWO PARCELS OF LAND OWNED BY THE CITY OF STEPHENVILLE
AND THE FIRST BEING 1,6,447 SQUARE FEET OR 0.38 ACRE OUT OF LOT 1,
BLOCK 78, CITY OF STEPHENVILLE, ERATH COUNTY, TEXAS, AND THE SECOND
BEING 29,150 SQUARE FEET OF LAND OR 0.67 ACRE AND BEING OUT OF LOT 3,
BLOCK 78, CITY OF STEPHENVILLE,_ERATH COUNTY, TEXAS, AS A PART OF EAST
LONG STREET IN THE CITY OF STEPHENVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Those two tracts or parcels of land situated in'the City of
Stephenville, Texas, and being described as follows:
FIRST: Being 16,447 square feet of land, more or less, situated in
the County of Erath, State of Texas, and being a part of Lot 1, Block
78, City Addition of the City of Stephenville and being a part of a
tract of land conveyed to Trustees of sponsoring organization for Boy
Scouts of Stephenville or such other Boys Club or organization by deed
dated October 25, 1952 and recorded in Volume 340, Page 73 of the Deed
Records of Erath County and is more particularly described as follows:
BEGINNING at a point for a corner in the proposed north right of way
line of Long Street, 24.53 feet northerly and normal to relocated
centerline survey station 149 +76.30, said point also being the NEC of
Lot 1, Block 78, City Addition, the SEC of Lot 109, Belmont Addition,
of the City of Stephenville and lying N 600 08' E, 310 feet along the
^' south line of Lot 104, 105, 106, 107, 108, 109, Belmont Addition, the
north line of Lot 1,: Block 78, City Addition, from the SWC of Lot 104,
Belmont Addition;
THENCE S 290 52' E, 64.56 feet along the east property line of Lot 1,
Block 78, City Addition, to a point for a corner 40.0 feet southerly
and normal to relocated centerline survey station 149 +74.18;
THENCE in a westerly direction along the proposed south right of way
line of Long Street with a curve to the left whose radius is 532.96
feet and whose central angle is 91 33' 47 ", 88.96 feet to a point for
a corner, 40.0 feet southerly and normal to relocated centerline
survey station 148 +78.55;
THENCE S 600 08' W, 224.89 feet along the south line of Lot 1, Block
78, the north line of Lot 3, Block 78, City Addition of the City of
Stephenville, to a point for a corner in the proposed north right of
way line of Long Street, 40.0 feet northerly and Normal to relocated
centerline survey station 146 +62.75;
THENCE in an easterly direction along the proposed north right of way
line of Long Street, with a curve to the left whose radius is 532.96
feet and whose central angle is 20 00' 25 ", 18.67 feet to a point for
a corner, 40.O feet northerly and normal to relocated centerline
survey station 146 +82.82;
THENCE N 350 10' E, 61.33 feet along the proposed north right of way
line of Long Street to a point for a corner, 40.0 feet northerly and
normal to relocated centerline survey station 147 +44.15;
THENCE in an easterly direction along the 'proposed north right of way
line of Long Street, with a curve to the right whose radius is 612.96
feet and whose central angle is 110 57' 02" 127.85 feet to a point for
a corner, 40.O feet northerly and normal to relocated centerline
survey station 148 +63.65, said point also being in the north line of
Lot 1, Block 78, City Addition, a south line of the Belmont Addition
of the City of Stephenville;
THENCE N 600 08' E, 119.79 feet along the proposed north right of way
line of Long Street, to the place of beginning, containing 16,447
square feet or 0.38 acre of land, more or less, all of which is new
right of way;
SECOND: Being 29,150 square feet of land, more or less, situated in
the County of Erath, State of Texas, and being a part of Lot 3, Block
78, City Addition of the City of Stephenville and being a part of a
tract of land conveyed to the Trustees for the Boy Scouts of America
in Stephenville, Texas, by deed dated March 18, 1963, and recorded in
Volume 389, Page 465, and being a part of the same land more fully
described by metes and bounds as recorded in Volume 264, Page 550,
Deed Records of Erath County and is more particularly described as
follows:
BEGINNING at a point for a corner in the proposed south right of way
line of Long Street, 40.O feet southerly and normal to relocated
centerline survey station 148 +78.55, said point also being in the
south line of Lot 1, Block 78, the north line of Lot 3, Block 78, City
Addition of the City of Stephenville and lying S 600 08' W, 88.24 feet
along the south line of Lot 1, Block 78 from the SEC of said Lot 1;
THENCE in a westerly direction along the proposed south right of way
292 -B
line of Long Street with a curve to the left whose radius is 532.96
feet and whose central angle is 131 26' 24 ", 125.02 feet to a point
for a corner, 40.0 feet southerly and normal to relocated centerline
survey station 147 +44.15;
THENCE S 35° 10' W, 61.33 feet along said proposed south right of way
line of Long Street to a point for a corner 40.0 feet southerly and
normal to relocated centerline survey station 146 +82.82;
THENCE in a westerly direction along the proposed south right of way
line of Long Street with a curve to the right whose radius is 612.96
feet and whose central angle is 251 04 ", 268.17 feet to a point for a
corner 40.0 feet southerly and normal to existing Long Street centerline
survey station 144 +32.15;
THENCE S 60° 14' W, 41.15 feet along said proposed south right of way
line of Long Street to a point for a corner 40.0 feet southerly and
normal to existing Long Street centerline survey station 143 +91, said
point also being in the center of the Bosque River;
THENCE N 290 46' W, 80 feet along the existing centerline of the
Bosque River to a point for a corner, 40 feet northerly and normal to
existing Long Street centerline survey station 143 +91, said point also
being in the proposed north right of way line of Long Street;
THENCE N 600 14 E, 41.15 feet along said proposed north right of way
line of Long Street to a point for a corner, 40 feet northerly and
normal to existing Long Street centerline survey station 144 +32.15;
THENCE in an easterly direction along the proposed north right of way
line of Long Street with a curve to the left whose radius is 532.96
feet and whose central angle is 230 03' 35 ", 214.50 feet to a point
for a corner 40 feet northerly and normal to relocated centerline
survey station 146 +62.75, said point also being in the south line of
Lot 1, Block 78, and the north line of Lot 3, Block 78, City Addition
of the City of Stephenville;
THENCE S 60° 08' W, 224.89 feet along the north line of Lot 3, Block
78, the south line of Lot 1, Block 78, City Addition of the City of
Stephenville to the place of beginning, containing 29,150 square feet
or 0.67 acre of land, more or less, all of which is new right of
way;
are hereby dedicated as a part of East Long Street and said land is
dedicated to the use of the public as a part of said street, for
street purposes and same shall from henceforth be a part of East Long
Street.
PASSED AND APPROVED this 2nd day of October, 1979.
ATTEST:
Qo�e_t_-�
Joyce Pemberton,
City Secretary
AN ORDINANCE PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF
CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE AND
ADDING TO THIS CHAPTER SECTION 10 -24, WHICH FIXES A FINE NOT TO EXCEED
$200.00 FOR EACH SUCH VIOLATION AND PROVIDING THAT EACH AND EVERY
DAY'S VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE AND
MAKING THE PRESIDENT, VICE - PRESIDENT, SECRETARY OR TREASURER OF ANY
CORPORATION WHICH VIOLATES ANY PROVISION OF THIS ORDINANCE OR ANY
MANAGER, "AGENT, OR EMPLOYEE, SEVERALLY LIABLE FOR THE PENALTIES HEREIN
PROVIDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
A penalty for violation of any of the provisions of Chapter 10 of
the Code of Ordinances of the City of Stephenville to become a part of
such chapter and to be designated as Section 10 -24 is hereby provided
as follows:
Section 10 -24. Any person, firm or individual who shall violate
any of the provisions of this ordinance shall be guilty of a misdemeanor,
and upon conviction shall be fined in any sum not exceeding Two Hundred
Dollars ($200.00), and each and every day's violation shall constitute
a separate and distinct offense. In case the owner or occupant of any
lot, lots or premises under the provisions of this ordinance shall be
a corporation, and shall violate any provision of this ordinance, the
president, vice president, secretary, treasurer of such corporation,
or any manager, agent or employee of such corporation shall be also
severally liable for the penalties herein provided.
PASSED AND APPROVED this 2nd day of October, 1979.
ATTEST:
9JOzycrePemberton,
City Secretary
I
WR ,
Donald R. JoneAd;
292 -C
i
I�
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i
299-D
CITY OF STEPHENVILLE
PROPOSED BUDGET REVISIONS
OCTOBER 2, 1979
FROM AMOUNT
AMOUNT
TO
ADMINISTRATIVE
& ACCOUNTING
258 State Fees $
300.00
$.-
300.00
112 Educational Inc.
TOTAL $
300.00
$
300.00
TAX DEPARTMENT
$
261 Other Contr.Services $
8.00
$
1.00
123 Workers Comp.
$
7.00
314 Office Supplies
TOTAL $
8.00
$
8.00
77.00
FIRE DEPARTMENT
324
Welding Supplies
$
77.00
$
49.00
122
Social Security
$
22.00
123
Workers Comp.
$
6.00
316
Wearing Apparel
TOTAL
$
77.00
$
77.00
AMBULANCE DEPARTMENT
323
Gas & Oil
$
390.00
$
300.00
112
Educational Inc.
$
90.00
122
Social Security
TOTAL
$
390.00
$
390.00
LIBRARY
DEPARTMENT
121
Retirement
$
7.00
$
7.00
113
Extra Labor
TOTAL
$
7.00
$
7.00
CEMETERY DEPARTMENT
111
Salaries
$
9.00
$
9.00
123
Worker's Comp.
TOTAL
$
9.00
$
9.00
PARK
&
RECREATION
DEPARTMENT
112
Educational Inc.
$
300.00
$
511.00
113
Extra Labor
111
Salaries
$
528.00
$
118.00
123
Worker's Comp.
$
60.00
321
Janitorial Sup.
$
60.00
413
Office Equip.Maint.
$
79.00
414
Other Equip.Maint.
TOTAL
$
828.00
$
828.00
POLICE DEPARTMENT
111
Salaries
$
1,627.00
$
100.00
112
Educational Inc.
$
137.00
122
Social Security
$
267.00
123
Worker's Comp.
$
939.00
213
Printing
$
32.00
254
Special Services
$
138.00
413
Office Equip.Maint.
$
14.00
414
Other Equip.Maint.
TOTAL
$
1,627. -00
$ 1,627.00
0
FROM
AMOUNT
AMOUNT
$
15.00
STREET DEPARTMENT
- Contingency -
- -$
- _-5.1000.00
$
156.00
113 Extra Labor
$
601.00
$
131.00
323 Gas & Oil
$
2,044.00
$
6.00
TOTAL
$
21.00
$
4.00
$
7,348.00
TOTAL
$
7,645.00
$
7,645.00
421 Building Maint.
PLANNING
& INSPECTION
DEPARTMENT
12.00
122
Social Security
411 Vehicle Maint.
$
499.00
$
491.00
$
8.00
TOTAL
$
499.00
$
499.00
TO
111 Salaries
123 Worker's Comp.
318 Tools
411 Vehicle Maint.
422 Rights of Way.
123 Worker's Comp.
253 Outside Professional
LANDFILL DEPARTMENT
211 Postage $ 47.00 $ 34.00 123 Worker's Comp.
13.00 323 Gas & Oil
TOTAL $ 47.00 $ 47.00
STREET LIGHTING & MUNICIPAL BLDG. DEPARTMENT
262 Janitorial Service $ 83.00 $ 83.00 421 Building Maint.
TOTAL $ 83.00 $ 83.00
GENERAL FUNDS RESERVES
36 W & S 1970 Bond $33,000.00 $35,000.00 29 Harbin. Dr R.O.W.
35 W & S 1966 Bond $ 2,000.00
TOTAL $35,000.00 $35,000.00
WATER DEPARTMENT
423 Water Facilities $ 1,826.00 $ 13.00 122 Social Security
$ 127.00 323 Gas & Oil
$1,686.00 523 Water Facilities
TOTAL $ 1,826.00 $1,826.00
SANITATION DEPARTMENT
514 Other Equip.
$
21.00
$
15.00
323
Gas & Oil
$
4.00
414
Equip.Maint.
$
2.00
424
Sewer Facilities
TOTAL
$
21.00
$
21.00
CUSTOMER
SERVICE
DEPARTMENT
421 Building Maint.
$
12.00
$
12.00
122
Social Security
TOTAL
$
12.00
$
12.00
GRAND TOTAL $46,519.00 $46,519.00
v
�__� ,F _
ITEM XIV: WATER & SANITATION REPORT BY DANNY JOHNSON - #304.
Director of Utilities Danny Johnson gave a slide presentation on the
new sewer treatment plant. In his presentation, Mr. Johnson explained
the different ways the present plant does not meet the Environmental
Protection Agency's criteria. Mr.'Johnson also explained his water meter
change -out program and the percentage of efficiency in measuring the water
consumption with the new meters.
NEW BUSINESS
1. Mayor Jones advised that Mr. Chandler had prepared an ordinance
creating the office of a City Food Inspector. He would like for'.the Council
to obtain copies of said ordinance for study as it would be considered for
action at the November meeting.
There being no other business to come before the Council, Mayor Jones
adjourned the meeting.
ap"I r
ATTEST:
y ecretary
293
ME
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9
I
SPECIAL SESSION - WEDNESDAY
OCTOBER 10, 1979-- 4:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, '
met in
Special Session Wednesday, October 10, 1979 at 4 o'clock p.m. with
Mayor Donald R. Jones present and presiding. Councilmembers Mike
Leese, W. M. Irwin, Calvin A. McGee, E. W. Ferguson, and Larry
Hammett were present. Councilmembers Charles Riggins, Raymond Anders
and Linda Chew were absent.
Others attending the meeting were City Administrator Marshall
Shelton, Tax Assessor - Collector Robert Groves, City Secretary Joyce
Pemberton, Building Inspector Hardy Lockhart, Mr. Gerald Cook, Mr.
Scott Allen, Mr. David Cheatham, Mr. Bob Boone, Mr. Fred Ewers, Jr.,
Mr. Mike Ballow, Mr. Dwain Bruner, Mr. Dan Wolfe, Mr. David Montgome
Mr. Gelnn Moody, Mr. Bill Corbin, Mr. Phillip Fenner, and other mem-
bers of the Board of Realtors, and members of the Press.
Mayor Jones called the meeting to order.
on,
ITEM I: PUBLIC HEARING TO CONSIDER THE REZONING OF LOTS 8 and g,
Mayor Jones explained that this date had been set as the date,
time and place for a public hearing to consider the rezoning of Lots
8 and 9, Block 156, City Addition, from R -1, R -2, and B -2 to INDUST-
RIAL. The Mayor also advised that the Zoning Board in their Septemb
10th meeting had recommended that said property be rezoned as reques
Mayor Jones then opened the floor for the public hearing callin
for any person wishing to address the Council on this issue to come
forward.
Mr. Gerald Cook, representing the Chamber of Commerce, came bef
the Council and presented aerial photos of the property in question.
Cook discussed the property's location, the current zoning and, in g
eralities, the type company wishing to purchase this property, if th
zoning is changed to INDUSTRIAL. Mr. Cook also indicated that this
ticular tract of land was all that was available that this company c
sidered suitable for their type of business. Mr. Cook also emphasi
the fact that this company would be a great asset to the City of Ste
ville.
Mr. Dan Wolfe came before the Council stating that his property
joins the property in question. Mr. Wolfe said that he, personally,
neither for or against the rezoning, but asked the Council to give v
careful consideration as to whether or not this location for industr
would be to the best interests of the City of Stephenville now or it
future. Mr. Wolfe suggested that the best use of the property might
what it was originally zoned for which was residential and business.
Mr. Wolfe also pointed out that this particular company was involvec
chemicals and, should this business not prove successful, could cony;
this plant to a chemical plant. Mr. Wolfe said he would like to seE
more coordination between the City Council, the Chamber of Commerce,
the Industrial Foundation as he thought this particular item had beE
handled in a very haphazard way. He suggested some thought be giver
an I -1 and I -2 Districts to control thetype industries in certain E
Mr. Glen Moody came before the Council representing the Board c
Realtors and the Holiday Motel. Mr. Moody stated that just because
perty is zoned industrial is no reason the property will be used as
dustrial. He said the Board of Realtors has been split '50/50 on the
of whether or not they were in favor of this property in question b(
rezoned to INDUSTRIAL.. He said he also thought there should be more
coordination between the City Council, the Planning & Zoning Commis:
and the Board of Realtors.
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