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HomeMy WebLinkAbout1975-12-02 - Regular City Councila REGULAR SESSION - .TUESDAY DECEMBER 29 1975 - 7:00 P.M. CITY COUNCIL ROOM CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council met in Regular Session Tuesday, December 2, 1975 at 7 :00 p.m. with Mayor Donald R. Jones presiding and Councilmen W. M. Irwin, Cal McGee, Charles, Riggins, Raymond Anderson, Jesse Sexton, Larry Hammett and Neal Guthrie were present. Councilman Jim Chambers was absent. Oters attending the meeting was City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Administrative Aide Kurt Ackermann, City Attorney Joseph Chandler, City Secretary Joyce Pemberton, Director of Parks & Recreation Ronnie Isham, Chief of Police Mike Watkins, Dir- ector of Utilities Danny Johnson, Fire Marshall E. W. Ferguson, Tax Assessor- Collector Robert Groves, J. D. Chapman, Kenneth Haley and Dale Pair. Also attending were City Auditors David Cheatham and Paul Lansford, Ewell Jones, Lyle Lacy, Phillip Hale, J. W. Beck, Jim Driscoll, J. C. Riggs, Mr. & Mrs. Gene Brown, Mr. & Mrs. C. H. Jones, Lewis Wyly, Don Huffman, L. J. Stone, Brice Stone, E. E. Moser, H. R. Gildner, Linda Tatum, Brady Nix, Jerry Dickerson, Myrtle Pack, Mary Hester, A. A. Schrimsher, Rex Morgan, Gene Porter, George Shiels, Betty Heath, Mr. & Mrs. Otis Hunter, the Bramlett Bros. and several others. Councilman Guthrie moved, seconded by Councilman Irwin, to approve the minutes of the meetings of November 4th and ,November 13th as written. The motion carried unanimously. Mr.-J. W. Beck, local manager for Lone Star Gas Co., appeared before the Council to discuss their request for a rate increase. Mayor Jones read a, letter from Hunter & Associates in which they recommended the .city grant the rate increase. Mr. Beck stated that the average increase would be 31% which would increase the average user's bill $2.66 per month of which 10% is the operating cost and the remainder is the pass -on. Councilman Riggins reported that his committee had submitted the above request by Lone Star Gas to Homer Hunter & Assicoates, Concultant En- gineers for the city, and it was their recommendation to grant the increase. The new ordinance has a monthly automatic pass -on clause, plus or minus, monitored by the Railroad Commission. After considerable discussion, Councilman Riggins moved, seconded by Council- man Sexton, to grant the rate increase as requested by Lone Star Gas Com- pany and adopt the new ordinance, effective 30 days from passage. Motion carried unanimously. ORDINANCE AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF STEPHENVILLE, ERATH COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. BE IT ORDAINED BY THE CITY-COUNCIL OF THE CITY OF STEPHENVILLE: Mr. Jim Driscoll, representative of Traffic Engineers, Inc., Houston, Texas, appeared before the Council to give a report on the one -way street traffic survey his company had made at the request of the Council. The following is a summary of his report: 1. The one -way system of Graham and Belknap is definitely needed and will be an asset to future growth and development within the City. 2. The parking that was removed on Graham can be restored on the west side without restricting operations. 3. The traffic signals can be re -timed to provide improved flow on Washington, Graham and Belknap. 4. The need for an east -west one -way street couplet consisting of Wash - ington and College does not appear to be cost effective for the future development plan of the Central Business District. M41 5. Improved traffic control signing and lane markings should be accomplished on the one -way streets and on Washington and College. 6. The transitional points at the north and south termination of the one -way streets should be extended and improved. 7. Modifications should be planned for future improvements at the ingress and egress points to the courthouse square parking. Mayor Jones said that, in his personal opinion, it would be advantageous to the Council to take an Opinion Poll of the residents of the city and that it be determined that it is an Opinion Poll Only and the Council will not be bound by it one way or the other to assist in making a de- cision and take the results of the opinion Poll in conjuncition with the Traffic Flow Survey along with the Comprehensive Plan and make a deter' mination as to whether the one -way streets are justified or not justified and asked for a motion to this effect. Councilman Guthrie moved, seconded by Councilman Irwin, to take an Opinion Poll and consider that in conjunction with the report received from Traffic Engineers, Inc. and the Comprehensive Plan and determine the need or not of one -way streets. Motion carried unanimously. It was the consensus of the Mayor and Council to take this Opinion Poll on - January 5, 1976. Mayor Jones explained that copies of the Traffic Control Ordinance had been - given to the Council at a previous meeting and City Attorney Chandler ex- plained.the ordinance to the Council and stated that he and Chief of Police Watkins agreed that it was needed and recommended its passage. After discussion, Councilman Irwin moved, seconded by Councilman Guthrie,.to pass and adopt the Traffic Control Ordinance as it is written. Motion carried unanimously. As the ordinance carried a penalty, it will have to be published within 10 days of passage and will be effective immediately after publication. ORDINANCE ORDINANCE AUTHORIZING EXISTING TRAFFIC CONTROL DEVICES THE INSTALLATION OF NEW TRAFFIC CONTROL DEVICES, SIGNALS AND SIGNS, AND DIRECTING THE CHIEF OF POLICE TO ERECT SUCH DEVICES, SIGNALS AND SIGNS AS MAY BE PROVIDED FOR IN ANY SUBSEQUENT ORDINANCE; AND PROVIDING FOR THE PRIMA FACIE EVIDENCE RULEi' WITH RESPECT TO SUCH DEVICES, SIGNALS AND SIGNS AS MAY BE ACTUALLY INSTALLED: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: The following two bids were received for the construction of a comfort station at the city park: Phillip Hale, Stephenville, Texas ------------------------ $27,865.00 Modern General Contractors, Hurst, Texas ----------------- $25,104.00 Both of the above bids gave 120 days completion time and both good for 30 days. Also both bidders had performance bonds attached and bids are per specifications. Director of Parks and Recreation Ronnie Isham came before the Council and explained the reason the bids were higher than expected was because the specs had to meet the Texas Parks & Wildlife specifications and they will pay one half of the cost according to the grant. The facilities will accommodate dis- abled persons and are vandal proof. After considerable discussion, Councilman Sexton moved, seconded by Councilman McGee, to accept the low bid of $25,104.00 submitted by Modern General Con- tractors, Hurst, Texas, to construct a double comfort station at the city park. Motion carried as follows: AYES: Councilmen McGee, Sexton, Hammett and Guthrie. Nays: Councilmen Irwin and Anderson. ABSTAINED: Councilman Riggins. i M The following bids were received for the purchase of a front -end loader for the Park Dept. 1. Highway Machine Co., Waco, Texas --------------------------- $2,347.00 2. Martin Equipment Co., Dallas, Texas-------------------- - - - -No Bid Mr. Isham explained that this was a budgeted item out of Revenue Sharing. After some discussion, Councilman Hammett moved, seconded by Councilman Guthrie, to accept the bid of $2,347.00 submitted by Highway Machinery Co of Waco, Texas. Motion carried unanimously. Mr. Isham explained that at previous meetings he; and the Council had dis- cussed a camper site at the park and he had been instructed to get a cost per unit and he is now asking the Council's approval for a 10 unit site at `a cost of $400.00 per unit. The site to be located between the Babe Ruth ballfiehd and the river. After quite a bit of discussion, Councilman Irwin recommended that Mr. Isham get the plans and present to the Council at a later date. Also figure the charges per night as to what revenue the camper site will bring in. Mr. David Cheatham came before the Council and gave a thorough report of the city audit just completed by Cheatham & Lansford Accounting Firm. After some discussion, Councilman Riggins moved, seconded by Councilman Anderson, to accept the audit report as presented and to implement the recommendations made. Motion carried unanimously. One of the recommendations being to put an additional employee in the account- ing department. City Administrator Shelton recommended to the Council that they authorize the transfer of Betty Lemley, who is presently employed part -time in the water department, into the accounting department full time. After some discussion, Councilman Anderson moved, seconded by Councilman Guthrie, to authorize the above recommendation to emply Betty Lemley fulltime in the accounting department, effective January 1, 1976. Motion carried unanimously. Mr. J. C. Riggs came before the Council to request permission to continue the operation cf his fireworks business now that it has been annexed into the city. Mr. Riggs stated that he would like to continue this business on a permanent basis but, if he can't do that, at least through the Bicentennial year. It was the opinion of the Assistant City Attorney Randy Chandler that the ordinance preventing the sale of fireworks within the city limits would have to be repealed and there would have to be an alternative to the revocation of the ordinance. Councilman Irwin recommended that the City Attorney research this and give a legal opinion at a special meeting if necessary. City Administrator Shelton explained that, due to the Funeral Homes dis- continuing their transfer service, the proposal now is for the City- County Ambulance Service to be operated by the Fire Department. Mr. Shelton also explained that this would necessitate the hiring of 4 additional personnel and the purchase of one more ambulance. Fire Marshall Ferguson and Fireman Kenneth Haley came before the Council and each explained the problems facing the Fire Department in the operation of tte ambulance service. Manpower being the major :problem. Mr. Ferguson and Mr. Haley also said that if the Fire Department had to take the ambulance service they would do their best to make it an ambulance service the City and County would be proud of. After much discussion, Councilman Anderson moved, seconded by Councilman Irwin, to initiate this proposal, contingent upon the County's 50% participation. Motion carried unanimously. Councilman Guthrie said that, in his opinion, under the supervision of Mr. Shelton, we have the best Street Department, Park & Recreation Department, Police Department, Fire Department and probable all other departments, for the size town we have and that under Mr. Shelton's supervision and Mr. Ferguson's and Mr. Haley's we can have as good an ambulance service. LM The following five bids were received for the demolition of the locker plant: 1. Jimmy Denio, Stephenville, Texas ------------------------- $8,776.00 2. Vernon Derrick & Jerry Parham, Stephenville, Texas - - - - -- $'.13,800.00 3. Joe Fambro, Stephenville, Texas ------------------------- $10,500.00 4. Elmo Riggs, Stephenville,. Texas ------------------------- $22,000.00 5. Phillip Hale, Stephenville," Texas----------------- - - - - -- $89950.00 Each of the above bidders provided for liability insurance. After quite a bit of discussion,as to whether or not low bidder Jimmy Denio could handle the job or not, Councilman Irwin moved, seconded by Councilman Riggins, to award the bid to Phillip Hale for the amount of $8,950.00. Councilman Hammett objected to awarding the bid to Phillip Hale as Jimmy Denio had the low bid and evidently thought he could handle the job or he would not have bid on it. After more discussion, Councilman Riggins withdrew his second to the above motion and the motion died for lack of a second. Councilman Hammett moved, seconded by Councilman Guthrie, to award the bid to low bidder Jimmy Denio, Stephenville, Texas, in the amount of $8,776.00. Motion carried by the following vote: AYES: Councilmen McGee, Riggins, Anderson, Hammett and Guthrie. NAYS: None ABSTAINED: Councilmen Irwin and Sexton. Mayor Jones explained that Tarleton State University had made a request con- cerning drainage on West Tarleton St. in the area from St. Felix St. by the Dairy Queen down to St. Peter St. which is adjacent to the Tarleton Drill Field. Mayor Jones read the letter from Tarleton requesting that this portion of the street be abandoned. Director of Public Works R. Y Gann said that, in his opinion, this street had already been closed but, if not, he did not think anyone would have any objections but he recommended closing all of it, not to leave 100' open. After considerable discussion, it was the consensus of the Mayor and Council to consult the City Attorney for a legal opinion. Mayor Jones recommended the appointment of Roy Hammett to the Plumbing Board to replace the vacancy left by Cal McGee when he took his seat on the City Council. Councilman Anderson moved, seconded by Councilman Sexton, to appoint Roy Hammett to the Plumbing Board. Motion carried unanimously. Tax Assessor - Collector Robert Groves came before the Council on a tax pro- posal of getting an appraisal company to reappraise the city property in order to equalize the taxes per market value. Councilmen Irwin and Anderson were in favor of our own Equalization Board doing this. Mr. Groves was of the opinion that it would take too long and our Board would not be interested in doing so. Mayor Jones said he thought it would be a good idea to check with the County and School to see if they would be interested in participating in this tax reappraisal which would lower the cost to all three. After considerable discussion, Mayor Jones appointed a committee of Council- men Guthrie, chairman, Chambers and McGee to approach the County and School to see if they are interested in appointing committees to visit and consider the possibilities of going with the City in this proposal and report back to the Council. City Administrator Shelton reported that he had talked to Mr. Jack Stewart c concerning the extension of 011ie St. to Washington St. Mr. Stewart re- quested $10,000.00 cash and the City do the paving. The total cost would be approximately $16,400.00. Mr. Stewart said that if the Council had a counter proposal to let him know. After considerable discussion, Councilman Anderson moved, seconded by Council- man Sexton, to make a counter proposal to Mr. Stewart of $7,500.00 and the City stand the paving cost. Motion carried unanimously. ORDINANCE AUTHORIZING EXISTING_TRAFFIC CONTROL DEVICES THE INSTALLATION OF NEW TRAFFIC CONTROL DEVICES, SIGNALS AND SIGNS, AND DIRECTING THE CHIEF OF POLICE TO ERECT SUCH DEVICES.,, SIGNALS AND _SIGNS AS MAY BE PRO - VIDED FOR IN ANY SUBSEQUENT ORDINANCE; AND PROVIDING_FOR THE PRIMA FACIE EVIDENCE.RULE WITH RESPECT TO SUCH DEVICES, SIGNALS AND SIGNS AS MAY BE ACTUALLY INSTALLED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One All traffic control devices including signs, signals and markings (pavement and /or curb) installed or used for the purpose of directing and controlling traffic within the City of Stephenville shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, Volumes I and II (hereafter called the Manual). Article 6701d, Vernon's Civil Statutes states; all signs, signals and markings erected or used by the City of Stephenville shall be uniform and be located so fat.as practicable according to the directions shown, in the Manual throughout the city. All existing traffic control devices and those erected in the future by the city being consistant with the Manual, State law and this Ordinance shall be official traffic control devices. Section Two The driver of any vehicle, motor vehicle or animal shall obey the instructions of any official traffic control device, sign, signals or marking applicable thereot placed in accordance with this Ordinance, the Manual and any Ordinance directing that such traffic control device, sign or signal shall be installed or erected unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle permitted by this Ordinance. Section Three (a) The driver of an authorized emergency vehicle, as the term "authorized emergency vehicle" is defined by State law, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a -P ; ,-o � i err, ... ,,,, Section Four (a) No person shall place, maintain, or display upon or in view of any highway, street or alley any unauthorized signs, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts or direct the movement of traffic, or which hides from view or interferes with the effec- tiveness of any official control device or any railroad sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway,,street or alley any traffic sign or signal bearing thereon any commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways, streets or alleys of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the Chief of Police is hereby empowered to remove the same or cause it to be moved without notice. Section Five No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, sign or signal or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. Section Six (a) The City Council of the City of Stephenville shall by Ordinance direct that the Chief of Police shall have the duty of erecting or install- ing upon, over, along, or beside any highway, street or alley signs, signals, and markings, or cause the same to be erected, installed or placed in accord- ance with this Ordinance and consistant with the Manual. Said traffic con- trol devices shall be installed immediately, or as soon as such specific device, sign or signal can be procured. (b) Whenever the Chief of Police has erected and installed any official traffic control device, signal or sign at any location in the City of Step- henville, or has caused the same to be done under his direction, in obediance to this Ordinance, the Manual, or another Ordinance directing the erection of such device, signal or sign shall thereafter file a report with the City Secretary in writing and signed officially by the Chief of Police, stating the type of traffic control device, sign or signal, and when and where the same was erected or installed. The City Secretary shall file and maintain -1 such report of the Chief of Police among the official papers of the office of the City Secretary. Section Seven It being unlawful for any person other than the Chief of Police, acting pursuant to an Ordiance of the City, to install or cause to be installed any signal, sign or device purporting to direct the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or animals, proof, in any prosecution for a violation of this Ordinance or any traffic Ordinance of the City of Stephenville, that any traffic control device, sign, signal or marking was actually in place on any street shall constitute prima facie evidence that the same was installed by the Chief of Police pursuant to the authority of this Ordinance and of the ordinance directing the installation of such device, signal or marking. Section Eight Any person convicted of violating any of.the provisions of this Ordinance shall be punished by a fine of not less than One Dollar ($1) nor more than Two Hundred Dollars ($200). Passed, adopted, and approved, this the 2nd day of December 1975, and this ordinance shall be in effect from and after its ublication as pro- vided by law. $TTEST: ty Secretary I Mr. Shelton also reported that he had talked to Dr. J.,C. Terrell, Sr: concerning the sale of the property on Belknap St. and that the property was not for sale. Councilman Guthrie moved, seconded by Councilman Sexton, to adopt a "MINUTE ORDER" submitted by the Texas Highway Department to extend Belknap St. to Highway 108. Motion carried unanimously. Mr. Gann pointed out to the Council that this order could cost the city $40,000.00 if the Highway Dept. demands that the city do all the paving, curbing and guttering that is in the order. Councilman Irwin suggested that the city find out what they will require and what the city will want to do before signing this order. Mr. Gann said the Highway Dept. should draw the specs and give a a price before we enter into such an agreement. Mayor Jones said there is a 90 day expiration date of December 30th and he asked Mr. Shelton to check with the Highway Dept. to see if they will specify what they are talking about on the curb and gutter. Councilman Guthrie said he would like to go on record as saying he thinks the Lone Star Gas Co. is a very good tuility company and when problems arise they take care of them and that Texas Power and Light Co. is the same way but that Gulf States Telephone Co. is one of the sorriest telephone companies going. He also stated that he felt that the Council should sit down and talk to the people with the telephone company and try to get better tele- phone service for the people of Stephenville. After some discussion, Mayor Jones asked Councilmen Irwin and Guthrie along with Mr. Shelton to meet with the officials of Gulf States Telephone Co. to see if something could be done to improve the service in this area;- There being no other business, the meeting adjourned at 11:15 p.m. Mayo EST: V-..w ity Secretary W ___ .__ _ , ..d- .. - .,.. , .,, , ,� o _., u+, �aa,.e7; rm a3�s�.,,-:t -in ✓'�, sh ..,.. ,rr.'Y - ,� ✓"^M'a � r`., ;r�::;, fai�Llliar?.�`u",e2,,, �5suravau�re,;'�zrs - ,