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HomeMy WebLinkAbout1974-08-06 - Regular City CouncilM. REGULAR.SESSION, TUESDAY August 6, 1974 CITY COUNCIL CHAMBER City of Stephenville, Texas The City Council, City of Stephenville, Texas, met in regular session, August 6, 1974 at 7:00 P.M. in the City Council Chamber with Mayor Donald R. Jones presiding and Councilmen Jim Chambers, W. M. (Bill) Irwin, Roy McCoy, Raymond Anderson, Jesse Sexton, Larry Hammett and Neal Guthrie present. Absent: Charles Riggins. Others present were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Director of Parks & Recreation Ronnie Isham, City Attorney Joseph Chandler, Chief of Police Mike Watkins, Fire Marshall E. W. Ferguson, Chairman of the Equalization Board Jack -Arthur, Chairman of the Zoning Board Dean Cox, President of the Senior Citizen Board Mary Sue Staig, and City Secretary Joyce Pemberton. Members from both the Senior Citizens Center and the Senior Friendship Club were also present. Councilman Guthrie moved to approve the minutes of the two previous meet- ings of July 2nd and July 16th as written. Councilman Chambers made the se- cond. Motion carried unanimously. After discussion, Councilman Irwin moved, seconded by Councilman Hammett, to close the 1600 Block of Turner Street which is located behind the Dairy Queen on West Washington Street. Motion carried unanimously. Councilman Chambers moved, seconded b Councilman Irwin, to sell the above property to Mr. Dan Malone for the sum of $50.00. Motion carried unanimously. The Council discussed the request of Mr. V. C. Voss to close the 8 foot alley in block 5, Frey First Additon. It was the consensus of the Mayor and Council to ask Mr. Voss and Mr. Louis Wofford to get together and see what they could work out. The Mayor also asked the Council members to look at this and they could make a decision at the next meeting. The Council also discussed the request of Mrs. Blanche Jones to purchase and fence an 8 foot alley extending 86.6 feet south from West Shirely Street behind lot 6, block 14, Sheppard & Collins Addition. It was the consensus of the Mayor, and Council to look at this along with the above property and report at a later meeting. Mr. Jack Arthur; Chairman of the Equalization Board, came before the Council with the following report: "The Board of Equalization has met in the Council Room for the purpose of ascertaining tax equalization for the year 1974• As Chairman of said Board, I respectfully submit the 1974 tax roll to the Council for approval and to request relief from further duty on said Board for Mr. Harlan Huey, Mr. W. P. Showalter and myself for this year. The 1974 tax roll has increased in assessed value to approximately $17,500,000. This is an increase over the 1973 tax roll of $1,500,000. This amount will increase the tax . revenue by approximately $24,000. The total tax roll for 1974 will be $280,000. plus.,, Councilman Irwin moved, seconded by Councilman Sexton, to approve the roll as concerned and to adopt these rolls as the assessment rolls to be used for the collection of.taxes for the coming year and also to relieve this Equal - ization Board from further service. Motion carried unanimously. Mr. Arthur also stated that he would like to commend Mr. Robert Groves, Tax Assessor- Collector,.for "the exceptionally;;fine job he is doing and has done the past year. Mrs. Mary Sue Staig, President and Chairman of the Board of Directors of the Stephenville Senior Citizens, Inc., came - before the Council to re- quest in behalf of the Stephenville Senior Citizens, Inc. that the City Council honor its committment to bring all funds of the Senior Citizens Center under control of the sponsoring agency. (The Senior Citizens Sav- ings Account, now in the custody of.the Clerk of the 129th District Court in the amount of $2 357.75•) Mayor Jones said he would defer any discussion on the matter, as far as the Council was concerned, to the executive session at the end of this meet- ing, on the basis that it does involve pending or contemplated litigation. _ Director P uRioRur Isham came e Council to q uest£ unds from PhysicalFitnessguipment. z EM Mr. Isham explained to the Council that the purchase of this equipment would enable the Recreation Dept. to set up a physical fitness program at the park. Mr. Isham also explained that this equipment was second hand but in good con- dition and considerably cheaper than it would be if purchased new. Ater discussion, Councilman Chambers --moved,, sec.onded by_Cnunerlman Sexton, to reject the request for additional equipment for the Recreation Dept. Motion carried unanimously. After some discussion, Councilman Sexton moved, seconded by Councilman McCoy, to reappoint the present members to the Buidling Board, Electrical Board and Plumbing Board for one year terms. Motion carried unanimously. ELECTRICAL BOARD E. L. Stephens Sid Whitman Zane Carter Lonnie Stokes Bill Cogburn BUILDING BOARD J. M. Foust Vernon Gunn Eddie Caudle Velon Reese James Young PLUMBING BOARD Cal McGee Windle Graham Doug Turley Thurman Cashon J. W. Beck Councilman Irwin moved, seconded by Councilman Sexton, to increase the water meter deposit from $7.50 to $10.00. Motion carried unanimously. Councilman Irwin explained that the Sanitation Committee was not ready to make a report on the request for a rate increase by Mr. Bill Bledsoe. Councilman Hammett requested that a survey of water rates of cities in the surrounding area be made. City Administrator Shelton submitted the proposed budget for 1974 -75. Councilman Chambers moved to have the public hearing for the proposed budget of 1974 -75 on Tuesday, August20, 1974 at 3:00 P.M.. Councilman McCoy made the second. Mr. Edward H. Diaz asked permission to speak to the Council in behalf of the people in the audience. Mr. Diaz explained that the people in the audience could not hear what the Mayor or Council members were saying. Mr. Diaz also suggested that the public hearing for the budget be held in the evening so that more people could attend the hearing. Mayor Jones opened the motion for discussion. After quite a bit of discussion, Councilman Chambers withdrew his motion, Councilman McCoy moved that the public . hearing for the 1974 -75 budget be Tuesday, August 20, 1974 at 7:00 P.M. in the City Council Chamber. Councilman Sexton made the second. Motion carried unanimously. Mayor Jones reported that the property owners in the area of lot 8, block 3, Sims Addition had filed a petition with him protesting the rezoning of this property from Business 2 to Industrial. PETITION We the property owners adjoining lot 8, block 3, Sims Addition, wish to have the 10 acres rezoned as it was when Harlan Huey purchased it. After discussion, Councilman Chambers moved, seconded by Councilman Sexton, to reject the application and recommendation from the Zoning Board to rezone. lot 8, block 3, Sims Addition, from Business 2 to Industrial. After more discussion as to whether or not to send back to the Zoning Board for more consideration, Mayor Jones called for question. The above i motion carried unanimously. Mayor Jones opened the floor for nominations for City Health Officer. Councilman Sexton moved, seconded by Councilman McCoy, to reappoint Dr. Leon i __M, Altaras as City Health Officer for the coming year. Motion carried unanimously; 15 After considerable discussion, Councilman Hammett moved, seconded by Councilman Irwin, to accept the Resolution to re -lease the Piggly Wiggly pro- perty to H. S. Osborn for a ten year period for a sum of $6,000. Motion carried unanimously. RESOLUTION RESOLVED, that the Mayor of the City of Stephenville is authorized on behalf of the City of Stephenville to execute a lease to H. S. Osborne, Edna M. Osborne, Phenetta M. Johnson, Rachel M. Lindgren and Mary M. Tisher a lease on that portion of West Mason Street where such street is;shown to run between blocks 110 and 105 of the City of Stephenville on King's 1956 Map of Stephen- ville from the intersection of said West Mason Street with the west line of North Race Avenue to the east line of North Erath Avenue and on that portion of North Race Avenue where such street is shown to run between blocks 25 and 110 of the City of Stephenville and from its intersection with the south line of West Mason Street to its intersection with the north line of West Wash- ington Street, on King's 1956 Map of Stephenville, reference being,made to King's 1956 Map of Stephenville at Page 790 of such map and which map is re- corded in Volume 381 at Page 105 in the Deed Records in the office of the County Clerk of Erath County, Texas, said portions of said-stree.ts�.having_`pre- viously been declared abandoned for street purposes and declared vacated and closed for street purposes and which portions of said streets have previously been leased to H. S. Osborne, said portions of said streets to be used by _>. lessees for parking areas and parking purposes for custemers.and3patrons of Piggly Wiggly Store in Stephenville, Texas, for a period of ten (10) years beginning January 1, 1976 and continuing to December 31, 1985 for a total con- sideration of $6,000.00 payable in ennual installments of $600:00 each, first installment being payable on January 1, 1976 and succeeding installments on the first day of January of the following nine (9) years thereafter; lessees to maintain said areas for the purposes for which same are leased at their cost and expense and which lease will provide for termination thereof at City's option upon failure to pay lease as provided and upon violation of any of the other provisions of said lease by lessees, with lessees to have option to renew this lease for a period of five (5) years after the end of lease term pro- vided by giving City of Stephenville notice by not later than November 1, 1985 of exercise of option in writing to City Secretary at City Hall in Stephenville, Texas, for an additional term of five (5) years. After discussion, Councilman Irwin moved, seconded by Councilman Guthrie, to amend the Warner Cable TV of Stephenville Franchise as requested. Motion carried unanimously. AMENDMENTS Section Nine: Installation and maintenance of equipment shall be such that the system shall be capable of delivering standard color signals with- out objectionable picture degradation and shall comply with all technical specifications set out in the applicable rules and regulations of the FCC. Section Sixteen: Add "This ordinance is believed to be in full com- pliance with all provisions of Section 76.31 of the Federal Communications Commission Rules & Regulations and to the extent that there may be provisions that are in conflict, and the above cited rules shall be considered as in- cluded in this ordinance, Add Section Seventeen: Liscensee's legal, financial, and technical qualifications have been investigated and approved by the City Council as part of a full public proceeding affording due process. Add Section Eighteen: Any modification of the provisions of Section 76 31 of the FCC rules resulting from ammendment by the FCC shall be in- corporated into the ordinance within one (1) year of the adoption of the modification, or at the time of the franchise renewal, whichever occures. first Add Section Nineteen: The liscensee shall at all times investigate and resolve to the extent possible all complaints regarding quality of ser- vice, equipment malfunction, and similar matters, and there shall be local agents for these purposes. (Said requirements being in addition to those set forth.-in Section Thirteen.) Section One: The name of the company be changed to "Warner - CCC Inc." Mayor Jones, at this time called an Executive Session of the Council under the provisions of Article 6252 -17 of Vernon's Texas Civil Statutes under two provisions: 1. Section F: Purchase of property. 2. Section E: Private consultation between a governmental body and its attorney, with respect to pending or contemplated litigation in settlement offers. COMMUNITY TELEVISION ORDINANCE AN ORDINANCE GRANTING TO WARNER -CCC, INC. THE RIGHT TO ERECT, MAINTAIN AND OPERATE IN, UNDER, OVER, ACROSS, AND UPON THE LANES,- STREETS, AVENUES, SIDEWALKS, ALLEYS, BRIDGES AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF STEPHENVILLE, TEXAS,- -AND SUBSEQUENT ADDITIONS THERETO FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY CABLE OF TELEVISION SIGNALS TO ENABLE SALE OF THEIR COMMUNITY TELEVISION ANTENNA SERVICE TO THE INHABITANTS OF SAID CITY, AND :OTHER PURPOSES, FOR A.:PERIOD OF TEN`(10) YEARS, AND REGULATING THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One In consideration of the faithful performance and observance.of the conditions and reservations hereinafter specified, Warner -CCC Inc and its assigns, hereinafter referred to as the "company" are granted the renewal right to erect, maintain, and operate television - transmission and distribution facilities, and additions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, and other public places in the City of Stephenville and subsequent additions thereto, for the purpose of trans- mission and distribution of audio and visual impulses and television energy in accordance with the laws and regulations of the United States of America and the City of Stephenville for a period of 10 years, with rights of renewal in due process public proceedings subject to all Federal rules, so long as there has been compliance with all material terms hereof.. Section Two Wherever used in this ordinance, the word "television ",shall mean a system for trans mission of audio signals and /or visual images by means of electrical,impulses. Section Three The poles used for the Company's distribution system shall be those.maintained by any franchise holder, when and where practicable, providing mutually satisfactory rental agree - ments can be entered into Section Four The Company sha.il have the right to erect and maintain its own poles, as may be nec- essary for the proper construction and maintenance of the television distribution system. The Company's transmission and distribution system poles, wires, and appurtenances shall be. located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements this City may deem proper to make or to unnecessarily -hinder or obstruct the free use of the streets, alleys, bridges or other public property. Construction and maintenance of the transmission, distribution system shall be in accord - ance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of the City of Stephenville, affecting electrical installations which-may be presently in effect, or changes by future ordinances. All installations of equipment shall be of permanent..nature, durable, and installed in accordance with good engineering practices and of sufficient height to comply with all existing City regulations, ordinances, and state laws so as not to interfere in any manner with the right of the public or individual property owner, and shall not interfere with the travel and use of public places by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic. In the event the installation of any attachment interferes with attachments,of others which are already in place, the location and method of attachment will be decided by the owner of the pole. Section Five In the maintenance and operation of its .television transmission and distribution system in the streets,:alleys, and other public places, and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the leas 'rpossible incon- venience to the gneral public; any opening or obstruction in the streets or otherpublic places made by the Company in the course of its operation shall be guarded and protected at-all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by red warning lights. r r' Section Six ` That is the stated intention of the City that all other holders of public licenses and franchises within the corporate i.imits of theCity shalt cooperate with the Company to.all'ow the Company's joint usage of the poles and pole lines facilities wherever possible or wherever ? such usage do not interfere -with the normal operation of said poles and pole lines so that; the number of new or additional poles constructed by the Company within the City may be minimized. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms. Section Seven The Company shall grant to the City, free of harge, joint use of any and all poles owned by it for any proper municipal purpose acceptable 'fV the Company, insofar as it may be done without interfering with the free use and enjoyment of the Company's own wires and fixtures, and the City shall hold the Company harmless from any and all actions, causes of action,sror damage caused by the placing of the City's wires or appurtenances upon the poles of the Company. Proper regard shall be given to all existing safety rules governing construction and maintenance In effect at the time of construction. Section Eight The Company shall Indemnify, protect and save harmless the City -•from and against-losses and physical damages to property, and bodily injury or death to persons, including payments made under any Workmen's Compensation Law, which may arise out of or be caused by Company's erection, maintenance, presence, use or removal of said attachments on poles within the City, or by any act of the Company, its agents or employees, or for interruption of service or for failure of its facilities or plants to perform normal service due to force majerue. The Company shall carry insurance, to''protect the parties hereto from and againstrall claims, demands, actions, judgments, co- expenses, and liabilities which may arise or result, directly or indi- rectly from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damages to property shall not be less than $25,000.00 as to any one accident and not less than $200,000.00 aggregate in any single policy year; and against liability due to bodily injury or to death of persons not less than $100,000.00 as to any one person and no less than $200,000.00 as to any one accident. The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation Laws in effect that may be applicable to the Company. All insurance required by the Agreement shall be and remain in full force and effect for the entire life of this Agreement. Said policy or policies of insurance or 'a certified copy or copies thereof, shall be approved by the City Attorney of Stephenville, and then deposited with and kept on file by the City Secretary,. Section Nine Installation and maintenance of equipment shall be such that the system shalt be capable of delivering standard color signals without objectionable picture degradation and shall comply with all technical specifications set out in the applicable rules and regulations of the,FCC. Section Ten All rates and charges exacted by the Company shall be fair, reasonable, just and uniform, and shall at all times be consistent with Company's increased operating and capital costs, and a schedule of new rates and charges shall be filed with the City Council and must be approved by the City Council in dud process public proceedings. The Company shall have the right to revise its schedule of charges, "subject to the approval of the City Council in a due process public proceeding, which approval shall not be unreasonably withheld or delayed. The Company herein, its employees, and servants, shall have the right and privilege of soliciting subscribers to the service to be furnished by Company, and to receive from each of such subscribers, the sum of Twelve dollars and Fifty cents ($12.50) to cover the Company's expense of connecting such subscriber to Company's system, and the additional amount due to cover the charge made to each such subscriber for the first month's service furnished by Company. The Company shall be and is hereby authorized to charge each of Company;s subscribers for the regular subscriber service to be furnished by Company, the following sums each month, payable in advance t' (a) $6.00 per month for one television set in building (b) $1.00 per month for the second or any additional television sets in the same house- hold or building , (c) A charge of $5.00 shall be charged to reconnect Section Eleven The Company will furnish without installation charge and without a monthly fee the outside hook -up of the antenna system to the City Hail and its Fire Department stations. Section Twelve The Company will pay to the City of Stephenville two percent of its gross revenues from regular subscriber service in the City as a tax for the privilege of this ordinance. Section Thirteen The Company shall at all times keep its cables and other appurtenances used for trans- mitting signals shielded in such a manner that there will be no interference with signals received by private television sets owned by persons not subscribing to Company's service. In the event that positive proof of such interference is furnished to the City Council and to the Company, the Company shall have a reasonable time thereafter to eliminate such inter- ference; if after such reasonable time has elapsed and the interference has not been eliminated, said City Council shall then have the right to make checks of the equipment to establish and locate the cause of the interfering signals, and Company shall reimburse said City its reasonable expense in this correction and shall, at Company's expense make the correction to Company's equipment to abate the interference. If such interference is not corrected within a reasonable time thereafter, then the City Council may call and hold a hearing for the purposes of considering the cancellation of this franchise, notice of which hearing shall be given in writing to the holder of said franchise 30 days in advance of said hearing. If positive proof is presented at said hearing that such interference is caused by Company's cables or other appurtenances used by Company for distributing signals, then such City Council shall have the right and authority to cancel this franchise, but the Company shall have the right to appeal from the Council's action to a court of competent jurisdiction. Section Fourteen The Rights and privileges granted by this franchise shall be assignable, and transfer- able by written approval of the City Council. Section Fifteen Any agreements entered into with other utilities now franchised with the City shall be placed on file with the City Secretary immediately upon their effective date. Section Sixteen If any section, sentence, clause or phrase of the ordinance is for any reason held illegal, invalid, or unconstitutional, such validity shall not effect the validity of the ordinance and any portions in conflict are hereby repealed. This ordinance is believed to be in full compliance with all provisions of Section 76.31 of the Federal Communications Commission Rules and Regulations and to the extent that there may be provisions that are in conflict, the above cited rules shall be considered as included in this ordinance. Section Seventeen In the award of this renewal ordinance, licensee's legal character, financial, tech- nical, and otherqualifications have been investigated and approved by the City Council as part of a full public proceeding affording due process. Section Eighteen Any modification of the provisions of Section 76.31 of the FCC rules resulting from amend - aaent by the FCC shall be incorporated into the ordinance within one (1) year of the adoption of the modification, or at the time of the franchise renewal, whichever,occurs first. Section Nineteen The licensee shall at all times investigate and resolve to the extent possible all complaints regarding quality of service, equipment malfunction, and similar matters, and there shall be local agents for these purposes. (Said requirements being in addition to those set forth in Section Thirteen.) PASSED, ADOPTED AND APPROVED THIS 6th day of August, 1974. EST: ACCEPTED: CITY OF STEPHENVILLE ity Secretary 4 By: Date: z�S, �9�5` Mayor Date: ATTEST: te:_ =` G . INC. e / /!/I1 /ILmmww" Date: MWE MAZE AN ORDINANCE RAISiNG.AND FIXING THE DEPOSIT REQUIRED OF THOSE DESIRING WATER AND SEWER SERVICE FROM THE CITY OF STEPHENVILLE FROM THE SUM OF $7.50 TO $10.00 AND MAKING THE REQUIRED DEPOSIT SUBJECT TO ALL RULES, ORDINANCES, RESOLUTIONS AND REQUIREMENTS OF THE CITY OF STEPHENVILLE PERTAINING TO SUCH DEPOSIT AND SUCH SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The deposit required of those desiring water and sewer service from the City of Stephenville which must be made by any such person so desir- ing such service with the City of Stephenville prior to receiving such service is hereby raised from the sum of $7.50 to $10.00 and the sum of $10.00 is hereby fixed as the amount to be so required. Section Two The making of this deposit by any person desiring such service shall be enforced in accordance with the present rules, regulations, requirements and resolutions now in effect in the City of Stephenville and such depo- sit must be made prior to the receiving of any such service by the person or persons desiring same. Section Three This ordinance shall be in effect immediately from and after its passage and publication as provided by law. PASSED AND APPROVED this 6th day of August, 1974. Mayor ATTEST: City Secretary /5oF 151 Mayor Jones at this time (9:40 P.M.) called the meeting back to order as an open meeting. Councilman Chambers moved, seconded by Councilman McCoy, to authorize the acquisition of three tracts of land for the purposes of test drilling for water wells. Motion carried unanimously. Councilman Irwin moved, seconded by Councilman Chambers, to authorize the City Attorney to file condemnation suits against H. H. Montgomery, R.G. Savage, Fred Petersen and S. D. Yardley for the purpose of the sewer trunk line. Motion carried unanimously. There being no other business, Councilman Irwin moved to adjourn the meeting, seconded by Councilman Hammett. Motion carried unanimously. Meeting adjourned at 9:50 P.M. May ATTEST: ,Zity,/Secretary