HomeMy WebLinkAbout1976-04-26 - Special City Council093
SPECIAL SESSION - MONDAY
APRIL 26, 1976 - 3 :00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, CITY OF STEPHENVILLE, TEXAS
The City Council met in Special Session Monday, April 26, 1976, at 3 :00 P.M.
with Mayor Donald R. Jones present and presiding. Councilmen Jim Chambers,
W. M. Irwin, Cal McGee, Charles Riggins, Raymond Anderson, Jesse Sexton,
Larry Hammett and Councilwoman Heath were present.
Others attending the meeting were City Administrator Marshall Shelton, Ad-
ministrative Assistant Kurt Ackermann, Tax Assessor - Collector Robert Groves,
Chief of Police Mike Watkins, Director of Public Works R. Y. Gann, Dorothy
Watkins, Dan Rambo, Phil Bradbury, and City Secretary Joyce Pemberton. Also
the attached list of citizens.
Mayor Jones took this opportunity to welcome Mrs. Betty Heath as the new
member of the Council and to congratulate Cal McGee, Bill Irwin, and Larry
Hammett upon their re- election to the Council.
Mayor Jones explained that this date had been set for a Public Hearing to
consider the request for the rezoning of Lots 10 and 11, Block 139, City
Addition, City of Stephenville, Texas, from R -1 to R -2. Also the request
for rezoning of Blocks 140 and 145, City Addition, City of Stephenville,
Texas, from R -2 to B -1.
Mayor Jones then opened the meeting for a Public Hearing on said zoning requests
and informed the Council that a petition had been filed with him opposing
the rezoning of Lots 10 and 11, Block 139, City Addition.
Mr. Dan Rambo, one of the prospective buyers or developers of Lots 10 and 11,
Block 139, City Addition, being the 5.44 acres of land north of Linda` Lane,
came before the Council explaining that the reason for the rezoning request
was the desire to construct a 56 unit apartment complex. Mr. Rambo stated
these would be part brick, part plaster and part shingle buildings. There
would be 32 two bedroom apartments and 24 one bedroom apartments with two
parking spaces per apartment. Also that the grounds would be landscaped
and the complex would be very well managed. He also stated there would be
sufficient ingress and egress so as not to cause traffic problems.
Mrs. Edna Hennech, 2470 Phelps, came before the Council speaking in behalf
of the residents of the surrounding area that are opposed to the property being
rezoned for apartments.
Mrs. Hennech gave the decrease of property value, increase of traffic, not
wanting the problems connected with apartment living, the increase in number
of cats and dogs running loose in the neighborhood, as some of the reasons
for opposing the request for rezoning the said property.
Mrs. Pearl Paskett, Mr. Ted Sparling, Mr. Rex Morgan, and Mr. Jim Anderson also
came before the Council speaking in opposition to the rezoning of said property.
Mrs. Frances Russell Richards, speaking in behalf of her parents Mr. & Mrs. D.M.
Russell, Mr. Glen Moody and Mr. T. J. McClanahan came before the Council speaking
their opposition to the proposed rezoning of Blocks 140 and 145, City Addition,
from R -2 to B -1 for the purpose of constructing a large retail store and parking
lot. They stated that this will decrease the value of homes and their homes
would not be suitable as a dwelling because of the traffic and noise.
After hearing all those who wished to speak either for or against said rezoning,
Mayor Jones closed the Public Hearing. He stated the Council would consider this
later in the meeting.
After considerable discussion, Councilman Anderson made the motion to authorize
the filing of an engineering grant application to secure the funds to have a
traffic engineering study performed by Traffic Engineers, Inc. of Houston.
Councilman Hammett made the second. Motion carried unanimously.
After some discussion, Councilman Chambers mmde the motion to approve the Re-
solution of the Texas State Highway Department for construction, maintenance,
and operation of safety lighting system at the intersections of US 377 & FM 914
and US 377 & FM 988. Councilman McGee made the second. Motion carried unanimously.
RESOLUTION
A RESOLUTION APPROVING THE AGREEMENT DATED APRIL 26, 1976, BETWEEN THE STATE
OF TEXAS AND THE CITY OF STEPHENVILLE FOR THE INSTALLATION, CONSTRUCTION, EXIST-
ENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY ILLUMINATION PROJECT AT THE
INTERSECTION OF US 377 with FM 914 and US 377 With FM 988 IN SAID CITY OF STEPHEN -
VILLE; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Mayor Jones tabled the discussion of the financing of the water wells until the
next Regular meeting on May'4, 1976.
I
Ol
Councilman Sexton reported that it was the consensus of his committee, appointed h
to study the zoning request of Mr. Leroy Brothers concerning the property lo-
cated at 1465 Mulberry, to ask Mr. Brothers to draw a suitable elevation plan
for a duplex within 30 days to be submitted to the City Inspector and` "3`0 "days
after approval to begin work on the plan, otherwise move the house off the
lot.
Sexton
After some discussion, Councilmangmade the above recommendation into the form
of a motion. Councilman Riggins made the second. Motion carried unanimoLdy.
JAfter more discussion, Mayor Jones appointed Councilman Irwin as Chairman and
Councilmen Chambers and Riggins as members of a committee to further study
the recommendations of the Zoning Board and the interests of the residents
concerning the rezoning requests that had been discussed earlier in the Public
Hearing portion of this meeting and report to the Council at the May 4th regular
meeting.
Mayor Jones set a meeting for 12 noon, April 30th for discussion of the agenda
for the Regular Council Meeting on May 4, 1976.
There being no other business, the meeting adjourned at 5:00 p.m.
MaY
I
AGREEMENT FOR CONSTRUCTION MAINTENANCE AND
OPERATION OF SAFETY LIGHTING SYSTEM
.WITHIN A MUNICIPALITY
STATE OF TEXAS
COUNTY OF
This agreement made this 26th day of April 19 76�
by and between the State of Texas, hereinafter referred to as the
"State ", party of the first part, and the City of Stephenville
t
Erath County, Texas, acting by and through its duly
authorized officers under a resolution passed the 26th day of
April ' 19 76, hereinafter called the "City ", part of the
second -part.
W I T N E S S E T H
WHEREAS, the City has requested the State to finance the construction,
maintenance, and operation of the safety lighting system at the loca-
tion shown on EXHIBIT I, attached hereto and made apart hereof, and
hereinafter referred to as the "safety lighting system ", and
WHEREAS, the Engineer- Director, acting for and in behalf of the State
Highway and Public Transportation Commission, has made'it known to
the City that the State will construct, maintain, and operate the
safety lighting system, or construct the safety lighting system and
reimburse the City for the City's cost of maintenance and operation
of said system, subject to the conditions and provisions stated herein,,
as rovide
f
d
P or in Highway Commission
Minute Order No. 61624.
i
8/26/75 1 of 9
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them res-
pectively kept and performed as hereinafter set forth, it is agreed
as follows:
A. Project Authorization
The City has requested and consented to the construction,
maintenance and operation of the safety lighting system, and the
State in financing the construction, operation, and maintenance
work does so at the special instance and request of the City.
B. Definitions
The term "safety lighting system" as used herein shall con -
stitute: (1) the illumination assemblies, (2) the luminaires, lamps
and luminaire mast arms (and attachments) and (3) the conduit, multi -
conductor cable, single conductor wire, and miscellaneous items of
materials and parts installed for the operation of the safety lighting.
The term "illumination assembly" as used herein shall constitute
the foundation and complete assemblage of parts, equipment and mis-
cellaneous items including the pole and pole mounting attachments,
which form a complete and independent lighting unit.
C. Construction Responsibilities
�3
The State will prepare or provide for the plans and specifications+
advertise for bids, let the construction contract, or otherwise pro -
vide for the construction, and will supervise the construction, recon-
struction or betterment work as required by said plans and specifica-
tions. As the project is developed to the construction stage, the
State will secure the City's approval of the construction plans prior
to award of contract.
All cost of construction of the safety lighting system will be borne
by the State.
D. Maintenance and Operation Responsibilities
1. The State hereby agrees to reimburse the City for the cost
of the electrical energy used in operating the safety lighting system.
2. The amount of electrical energy used shall be determined by
multiplying the sum of the rated lamp wattage by the number of hours
the lamps are energized divided by 1000. The number of hours the
lamps are energized shall be mutually accepted as 4000 hours per year.
2 of 9
3. An alternate and mutually acceptable means of determining
the quantity of electrical energy used will be measurement by
means of a meter installed to serve the safety lighting system
exclusively.
4. The State's payment for the electrical energy shall be
based on the minimum unit rate charged the City under the City's
contract with the power agency supplying electrical energy to the
City for the type of service desired. In the event the electrical
energy is supplied through a municipally owned electrical power
generation system, the State's payment for the electrical energy
shall be based on the minimum unit rate appearing in the City's
commercial rate structure.
5. The City will forward to the State two copies of the
applicable rate schedule with the power agency for electrical energy,
and thereafter as the existing or governing rate schedule is ter -
minated and new schedules are executed.
6. The State hereby agrees to operate the safety lighting
system in an efficient manner and promptly make repairs as needed
to maintain full and efficient operation of the safety lighting
system. The cost of all parts, labor, equipment, and materials
for the maintenance of the safety lighting system will be borne
by the State.
E. Payment
All requests by a City for payment for electrical energy and
maintenance operations shall be properly certified and submitted
by the City to the District Engineer of the State Department of
Highways and Public Transportation at Stephenville , Texas.
Such requests for payment shall be in accordance with forms pre-
scribed by the State and shall be submitted at no less than monthly
intervals. The City will maintain a system of records necessary
to support and establish the eligibility of all claims for payment
under the terms of this contract. When requested by the State, the
City will permit and assist in an audit by an auditor of the State
Department of Highways and Public Transportation of this record or any
other records of the City which pertain to the costs of maintenance
and electrical energy as covered by the terms of this agreement.
F. General
It is understood that:
1. This agreement supersedes any and all prior maintenance
and operations agreements on the safety lighting system. (EXHIBIT I)
2. This agreement will be modified by a supplementary agree-
ment or superseded by a revised agreement in the event the safety
lighting system is extended to include any area other than the
location shown on EXHIBIT I or incorporated within a continuous
illumination system. Supplementary or revised agreements shall
conform with the then current policies of the State Department of
Highways and Public Transportation.
3 of 9
3. The State's financing of the construction, maintenance,
and operation of the safety lighting system will not extend to
nor include the construction and maintenance of any primary lines
and incidental equipment necessary to connect the safety lighting
system with power stations.
4. The State's obligations for operation and maintenance
of the safety lighting system shall cease should the route on which
it is located be dropped from the State Highway System.
5. The State will assume maintenance and operation on the
date construction of the safety illumination system is completed
and accepted by the State. The City hereby agrees to furnish the
electric energy consumed by the system during the period of trial'
operation prior to acceptance by the State and the State will
reimburse the City for this expense. If the illumination system
is constructed by sections this provision shall apply to each
such separately'constructed section.
6. This agreement may be terminated automatically thirty
(30) days after the filing of a written notice by either party
of a desire for cancellation.
4 of 9
Form No. 1074
Rev. 9 -75
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures, the City of Stephenville on the 26th
day of April , 1976 and the State Department
of Highways and Public Transportation on the day of
19
ATTEST:
C' fJ
4J'oycjY Pemberton, City gecretary
THE STATE OF TEXAS
Certified as being executed for the -
purpose adn effect of activating
and /or carrying out the orders,
established policies or work pro-
grams heretofore approved and autho-
rized by the State Highway and Public
Transportation Commission:
CITY OFF Stephenvill Texas
BY: �J62z
Donald R. Jones, Mayor
(Title of Signing Official)
APPROVAL RECOMMENDED:
District Engineer
Chief Engineer of Highway Deaign
BY:
Asst. Engineer- Director
Executed and approved for State
Highway and Public Transportation
Commission Minute Order No. 70104,
dated June 20, 1975.
Chief Engineer of Maintenance
Operations
5 of 9
RESOLUTION NO.
A RESOLUTION APPROVING THE AGREEMENT DATED April 26, 1976
BETWEEN THE STATE OF TEXAS AND THE CITY OF Stephenville ,
FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND
MAINTENANCE OF A HIGHWAY ILLUMINATION PROJECT AT the intersection of
US 377 with FM 914 and US 377 with FM 988
IN THE CITY OF Stephenville ; AND PROVIDING FOR THE EXECUTION
OF SAID AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Stephenville
SECTION 1. That the certain agreement datedApril 26, 1914-tween the
State of Texas and the City of Stephenville for the installation,
construction, existence, use, operation and maintenance of certain
highway illumination located at
and US 377 with FM 988
in the City of Stephenville
and that Donald R: Jones
agreement on-behalf of the City
the same to the State.of Texas
the intersection of US 377 with 914
be and the same is, hereby approved;
is hereby authorized to execute said
of Stephenville and to transmit
for appropriate action.
PASSED: April 26, 1976
APPROVED: April 26, 1976
May IAY
ATTEST:
Secretary
City
Clerk
APPROVED AS TO FORM:
ity Attorney
6 of 9
CITY -SECRETARY'S CERTIFICATE
Form No, 1074'
Rev. 7 -72
Form No. 1074
CITY ATTORNEY'S CERTIFICATE
STATE OF TEXAS Q
Q
COUNTY OF Q
I, Joseph A. Chandler City Attorney for the City
of Stephenville , Texas, do hereby certify that the City Charter
of the City of Stephenville_, Texas authorizes the City Council to
approve the execution of contracts by means of a resolution, and that the attached
contract between said City and the State of Texas, dated April 26, 1976
approved by Resolution passed by the City Council and executed
by Mayor Donald R. Jones is valid and binding on said City in so
far as its approval and execution is concerned.
it ttorney
C of Stephenville, Texas
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1 \ e v!:'r L.'� _,.s•,i.r a,!..,.e/ l
ORDINANCE DECLARING AN ALLEY SITUATED IN BLOCK 39, CITY OF STEPHENVILLE,
TEXAS, TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING SAME VACATED AND
CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF
SAME TO ROY PARNELL UPON THE PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE
OF THIS LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: --
Section One
Alley, situated in Block 39, City of Stephenville, Texas, accord-
ing to King's 1956 Revised Map of said City, attached to Adoption
recorded in Volume 381, Page 105, Deed Records of Erath County,
Texas, made for Roy Parnell, and described as follows:
BEGINNING at the SWC of Lot 9, Block 39, City of Stephenville,
Texas, in the east line of South Graham Avenue for the NWC of
this tract;
THENCE N 60 E 200 feet to the SEC of Lot 9 in west line of Lot 14
for the NEC of this tract;
THENCE S 30 E 16 feet to the SWC of Lot 14 in north line of Lot 13
for the SEC of this tract;
THENCE S 60 W with north lines of Lots 13 and 12 a distance of
200 feet to the NWC of Lot 12 for the SWC of this tract;
THENCE N 30 W with east line of South Graham Avenue 16 feet to the
place of beginning;
is hereby declared to have been abandoned for public alley purposes and
said alley above described is hereby ordered vacated and closed as an alley.
Section Two
The alley hereinabove described is hereby found by the City Council of
Stephenville, Texas, to be of a value of $100.00. Said amount having been
offered by Roy Parnell for said alley above described, it is hereby ordered
and directed that Don Jones, Mayor of the City of Stephenville, execute a
special warranty deed to the said Roy Parnell conveying to him the above
described land and such deed shall be delivered to the said Roy Parnell
upon the-payment by him to the City of the said value above found for this
alley.
PASSED AND APPROVED this 26th day of April , 1976- ,
Don Jones (_/1
I, the undersigned city secretary of the City of Stephenville, Texas,
do hereby certify that the above and foregoing is a true and correct copy
of an ordinance passed by the City Council of Stephenville, Texas, at its
meeting held on the 26th day of April , 1976, as same appears of
record in the Minute Book showing Minutes of said meeting of the City
Council of Stephenville.
WITNESS MY HAND AND THE SEAL OF SAID__QITY this the 26th day of April
1976.
City4'Secretary Joyce Pemberton