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HomeMy WebLinkAbout1976-07-13 - Special City CouncilSPECIAL SESSION - TUESDAY JULY 13, 1976 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council met in Special Session, Tuesday, July 13, 1976 at 7 o'clock p.m. with Mayor Donald R. Jones present and presiding. Councilmen Jim Chambers, Cal McGee, Raymond Anderson, and Councilwoman Betty Heath were present. Councilmen W. M. Irwin, Charles Riggins, and Larry Hammett were absent. Others attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, City Attorney Joseph Chandler, Assistant City Attorney Randy Chandler, Director of Utilities Danny Johnson, Administrative Assistant Kurt Ackermann, Accountant Betty Chew, Tax Assessor - Collector Robert Groves, Street Supt. Clinton Hicks, J. D. Chapman, J. W. Beck, J. C. Riggs, and City Secretary Joyce Pemberton. Mayor Jones called the meeting to order and explained that the purpose of this meeting was to conduct the business that had been on the agenda for July 6th and a quorum was not present. Councilman Chambers moved that the minutes of previous meetings on June 1st and June 21st be approved as written. Councilman McGee made the second. Motion carried unanimously. After some discussion, Councilwoman Heath made the motion to set Tuesday, August 3, 1976 at 7 o'clock p.m. for a Public Hearing for the Council to consider the rezoning from R -2 to B -1, Lots 2,3,8 and 9, Block 56 College View Addition, and to issue a non conforming permit for the installation of two gasoline pumps; and, from R -1 to INDUSTRIAL, 31.13 acres of Lot 1, Block 149, City Addition, out of the L. E. Pittman 51 and 20 acre tracts and 13.38 acres of Lot 2, Block 149, City Addition, out of the Dwight Lee Pittman 14.029 acre tract, as recommended gy the Zoning Board. Councilman Chambers made the second. Motion carried unanimously. Mayor Jones advised the Council of the situation regarding the new fire station and the bonding company. The Mayor and Council discussed whether or not the City could assist the subcontractors with perfecting and filing their leins with the bonding company; the flaws in the construction and their correction; and the future payment of cost estimates. It was the consensus of the Mayor and Council to ask Mr. Fred B. Parker, Jr., the archetect, to attend the next regular council meeting on August 3, 1976, to discuss and answer some questions members of the Council might have concerning the completion of the building. The following bids were received on the 1934 Seagraves fire truck: Dennis G. O'Brien, Montreal Quebec, Canada ------------------------ $1,200.00 Acton G. Danner, Bluff Dale, Texas-------------------------- - - - - -- 601.26 Stan Ericksen, Houston, Texas------------------------------- - - - - -- 500.00 Russell L. Vinson, II, Grapevine, Texas--------------------- - - - - -- 311.00 After some discussion, Councilman Chambers made the motion to reject all bids. Council- woman Heath made the second. Motion carried unanimously. It was the consensus of the Mayor and Council to authorize Mr. Shelton to check with the museum and, if they could provide adequate shelter, to loan the 1934 Seagraves fire truck to the museum for display. Mayor Jones read a letter of resignation from Councilman Jesse Sexton, due to his moving out of the city limits. Mayor Jones also advised that a Special City Election had been called for August 14th to fill the vacancy of Place 5 due to Mr. Sexton's resignation. Mayor Jones also advised the Council that he did want to pursue the recommendations of the Charter Revision Commission, not for this Special Election, but perhaps in the next April election. He asked the Council to be studying these recommendations for action sometime after the first of the year. After some discussion, Councilman Chambers made the motion to move for the passage of an ordinance regulating peddlers and solicitors within the city limits of the City of Stephenville, Texas, and to set a license fee of $25.00 per year for each person licensed. Councilman McGee made the second. After more discussion, Councilmen Chambers and McGee amended their motion and second to include the insertion in Section Nine, Paragraph C, Sale "of merchandise" to dealers and business establishments "for resale" Motion carried uanimously. E ORDINANCE AN ORDINANCE REGULATING PEDDLERS AND SOLICITORS WITHIN THE CITY LIMITS OF THE CITY OF STEPHENVILLE, TEXAS: PROVIDING FOR APPLICATIONS TO BE MADE BY THOSE DESIRING TO PEDDLE OR SOLICIT, PAYMENT OF FEES AND LICENSES TO BE ISSUED, MAKING EXEMPTIONS AND PROVIDING PENALTIES FOR VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: pass After some discussion, Councilman McGee made the motion toAthe Garage Sale Ordinance as written with the insertion of $2.00 as a permit fee. Councilwoman Heath made the second. Motion carried unanimously. AN ORDINANCE PROVIDING REGULATIONS FOR SALE OF MERCHANDISE IN RESIDENTIAL DISTRICTS; MAKING DEFINITIONS WITH REFERENCE TO SUCH SALES AND PROVIDING PENALTY FOR VIOLATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: After some discussion, Councilman Chambers made the motion to grant the request of Lone Star Gas for a 15% adjustment for age and condition to the reconstruction of new pipe in order to avoid an observed depreciation study. Councilman McGee made the second. Motion carried unanimously. City Administrator Shelton advised the Council that the City's rate attorney Don Bird had suggested offering Lone Star Gas a net income increase of $57,000. Mr Beck said he would check to see if this amount would be acceptable and let Mr Shelton know Thursday. Mayor Jones read a letter from Attorney Gary Lewallen Cable TV of Stephenville, requesting the City Council cents (50c) per month increase in rates for primary o effect of this increase would raise the monthly rates for installation or extra outlets. He also requested agenda for the August council meeting. on.behalf of his client, Warner to consider granting a fifty itlets of its customers. The to $7.50 per month. No increase this request be put on the Mayor Jones appointed a committee of Councilwoman Heath, Chairperson, and Councilmen Anderson and McGee to study this request when a formal rate increase request is re- ceived from Warner Cable TV and make their recommendations back to the Council. sm AN ORDINANCE PROVIDING REGULATIONS FOR SALE OF MERCHANDISE IN RESIDENTIAL DISTRICTS; MAKING DEFINITIONS WITH REFERENCE TO SUCH SALES AND PROVIDING PENALTY FOR VIOLATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Continuous sales of used or new merchandise in residential districts within the City of Stephenville is prohibited. Section Two "Continuous sales" are defined to be sales conducted by the owner or occupant of property in the apartment or residential districts in the City of Stephenville, Texas, where the public is invited by signs, advertising or in any other manner to come for the purpose of purchasing goods, wares and merchandise more than twice in any calendar year and not to be held within six months of each other. Section Three The owner or occupant of property within the districts hereinabove mentioned may obtain a permit to conduct a bona fide occasional sale of surplus odds and ends owned and controlled by the occupant by applying for such permit three days before the sale and paying a permit fee of $ and conditioned that the sales tax due and owing the State of Texas will be remitted as required by law, and that all laws and regulations will be com- plied with, and that the sale will not last more than three consecutive days, and that no merchandise other than surplus property owned by the permittee for more than twelve months will be sold. The purchase of new or used mer- chandise for the purpose of offering for sale at such residential location is expressly prohibited. 48C AN ORDINANCE REGULATING PEDDLERS AND SOLICITORS WITHIN THE CITY LIMITS OF THE CITY OF STEPHENVILLE, TEXAS; PROVIDING FOR APPLICATIONS TO BE MADE BY THOSE DE- SIRING TO PEDDLE OR SOLICIT, PAYMENT OF FEES AND LICENSES TO BE ISSUED, MAKING EXEMPTIONS AND PROVIDING PENALTIES FOR VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One No person, except as hereinafter stated, shall sell, offer for sale or solicit orders for any goods, wares or merchandise within the City of Stephen- ville without a license issued by the City Administrator upon the filing of an application as provided herein. Section Two All licenses issued under the provisions of this ordinance shall expire within one year from the date of the issuance thereof. Section Three Each person desiring to peddle or solicit within the City of Stephen- ville shall make application for a license with the City Administrator which shall be in writing and shall contain the following information: (1) Name and description of the applicant; of a partnership, names of all partners; if a corporation, club or association, names of officers. (2) Permanent home address and full local address of the applicant. (3) Brief description of the nature of the business and the goods to be sold. (4) If employed, the name and address of the employer. (5) If a vehicle is to be used, description of the same together with state of Texas license number of said vehicle. Section Four License fee to be paid shall be $ per year for each person licensed. The payment of a fee by any applicant who has not attained eighteen years of age at the time the license is issued shall be waived, provided the license is used for some charitable, non - profit or educational purpose, or primarily for some other purpose other than income or profit. Section Five No license issued under this ordinance shall be used at any time by any person other than the one to whom issued. Section Six Any license may be suspended by the City Administrator without hearing and revoked by him after notice and hearing for any of the following causes: (1) Fraud, misrepresentation or false statement, contained in the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on the business; (3) Any violation of this ordinance; M (4) Conviction of any crime or misdemeanor involving moral turpitude subsequent to the issuance of the license; (5) Conducting business in an unlawful manner or in any such manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public. Notice of such suspension and of the hearing on the revocation of the license shall be given in writing, setting forth specifically the grounds for suspension and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at the time the license is suspended, and the date fixed for the hearing shall not be less than five nor more than ten days after the mailing of the notice. Section Seven It shall be the duty of the City Secretary to keep a record of all licenses issued under the provisions'of this ordinance and a detailed account of all receipts for such licenses, which receipts shall be paid into the general fund of the city. Section Eight The selling or offering for sale of any goods, wares or merchandise by any peddler within the town shall raise a presumption that said goods, wares or merchandise are subjects of intrastate commerce. Section Nine This ordinance shall not apply to the following: (a) Sales by farmers and gardeners of the produce of their farms and gardens, sale, distribution and delivery of milk, teas,, coffee. spices. aroceries, meats and bakery goods, newspapers, deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Section Twelve Calls at the dwelling of any person for sale or solicitation by any licensee between the hours of 6:00 o'clock p.m. and 8:00 o'clock a.m. is pro- hibited except by appointment. Section Thirteen It shall be the duty of any police officer of the City of Stephenville to require any peddler or any solicitor who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this chapter against any person found to be violating the same_. Section Fourteen Any person, firm, company, corporation or association who shall violate I^ any of the provisions of this ordinance, or suffer or allow same to be violated, shall upon conviction thereof be subject to a fine of not more than $200.00. Section Fifteen All ordinances or parts of ordinances in conflict herewith are hereby repealed.- Section Sixteen In view of the fact that this ordinance is necessary for the immediate protection and preservation of health and property and is necessary to the safety and general welfare, this ordinance shall be in full force and effect immediately from and after its passage and publication and it is accordingly so ordained. PASSED AND APPROVED this _a_!!�day of �. 1976. ATTEST: City Secretary m 48E BEFORE THE RAILROAD COOMISSION OF TEXAS IN RE! THE APPEAL OF LONE STAR X GAS COMPANY FROM ACTION BY THE X CITY OF STEPHENVILLE, TEXAS, X GAS UTILITIES DOCKET REJECTING AN APPLICATION BY X NO. 6£37 LONE STAR GAS COMPANY FOR AN X INCREASE IN NATURAL GAS RATES X - - -- - STIPULA^1ION OF THE PARTIES TO GAS UTILITIES DOCKET. Nil. 6£37 TO THWHONORABLF. RAILROAD COMMISSION OF TEXAS: A The expense involved in conducting an observed depreciation study for the City, of Stephenville would be substantial., and such cost would be eventually borne by the residential and commercial consumer in the City of Stephenville. Thus, it is in the interest of the rate payers, i as well as the Company, to waive the conducting Of an observed depre- ciation study in order to lessen the time and expense of processing this appeal THEREFORE, it is hereby stipulated by and between Lone Star Gas Company and the City of Stephenville, Texas, Parties herein, that the _. -1 a.._ lu- .,...... vnc} nrw I