HomeMy WebLinkAbout1970-10-06 - Regular City Council�2 !
Stephenville, Texas
October 6, 1970 y
The City Council met in a regular meeting on the above date with Mayor Skipper
presiding and the following council members present: Don Metsgar, Garland
Loudermilk, Doug Smithey, W. M. Irwin, Jack Curtis, Toby Stone and Mrs. Fred
McCleskey.,
Others present were Director of Public Works Gann, Fire Marshall Ferguson, Director
of Parks Isham, Chief Cornell, City Attorney Chandler."
Minutes of previous meetings were read and approved.
Mr. Marion Porter appeared before the Council and introduced Mr. Jim Watt of the
Planning Division of Parks and Wildlife Department. Mr. Watt explained that
planning for development of Parks is available to the city free of charge, and that
funds are available for developing parks on a 50 -50 basis.
�It was moved by Councilwoman McCleskey seconded by Councilman Loudermilk that the
city apply for planning assistance of Parks and Wildlife Department. Motion carried
unanimously.
Msrs. Poff, Jacobs, Collinsworth, and Miller appeared before the council stating that
they are in favor of the council passing an ordinance that would restrict the parking
of trucks in the residential areas of the city.
Mr. Billy Bledsoe appeared before the council asking that something be" done about
several persons who now haul trash who do not have a franchise.
City Attorney stated that the council could pass an ordinance forbidding anyone to
use the streets and alleys for the purpose of picking up garbage.
This was referred to the Sanitation Committee for study and report back to the
council. Councilman Metsgar and Smithey had nothing to report.
Councilwoman McCleskey reported large attendance at all activities of the Park and
Recreation and Senior Citizens program.
Councilmen Loudermilk and Curtis had nothing to report.
The following bids received for repairs at the City Airport.
Williams & Young
C. C. Booth
$24,670.00
24,568.90
These -bids were refered to chairman of Public Works, Street, Airport Committees and
the Mayor for study.
Councilman Irwin reported that the finance committee has met and discussed the tax
problems of Charles Neblett, Jr. but have no recomendation at this time.
It was.reported that a bouncing ball traffic light will be placed at the intersection
of South Graham street and Loop 195.
A letter of resignation from Robert Herrin'? was presented. Mr. Herrin stated that he
is moving out of the city and will not be qualified to serve on the City Council.
It was moved by Councilman Irwin seconded by Councilwoman McCleskey to accept the
resignation of Robert Herrin. Motion carried.
The City Attorney stated that the council could call a special election to fill a
vacancy or leave the place vacant until the next regular.:etectian.
There was no one appearing before the council or zoning board who opposed the proposed
amendments to the zoning ordinance.
Mr. J. D. McCullough, chairman of the Zoning Commission,and Adjustment Board, explained
the proposed amendments to the Zoning Ordinance.
\' It was moved by Councilman Curtis seconded by Councilman Smithey that following
J� amendments be made to the Zoning Ordinance.
Section 5, Paragraph A, 10. Motor Vehicles: The regular or non- delivery
parking of motor vehicles in the R -1 district shall be limited to passenger automobiles
and commercial or hauling vehicles not exceeding twenty five feet in length. Tractors
for.tractor trailer trucks shall not be allowed to park in residential 1 areas.
Section 6, Residential 29 Paragraph A. 8. Motor Vehicles: Limitations on the parking
of motor vehicles in the R -2 district shall be the same as set forth in Section 5,
Paragraph A -10 of this ordinance.
Section 12: Parking space for vehicles Paragraph 1. One family dwelling in all
districts shall provide on each lot, two (2) vehicle parking spaces as defined in
section 3.
Use: Schools: Senior Hight, one parking space for each 4 students and staff.
AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE LAND ADJACENT TO SAID
CITY, WHICH LAND JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE
AND WHICH ORDINANCE DESCRIBES SAID LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
That certain land adjacent to the City of Stephenville and specif-
ically described as follows:
That certain tract or parcel of land, situated in Erath County, Texas,
out of the John Blair Survey, Abst. No. 32, lying approximately 0.06
miles NW of the City of Stephenville:
BEGINNING at the center of a 4" concrete marker, being located in the
W. ROW line of Hwy. F. No. 2215, 50 feet Southerlywesterly from cen-
ter line Survey Station 15.3- 78.20;
THENCE N 55 30 W. parallel to and 50 feet Southwesterly from the cen-
terline of F.M. Hwy. No. 2215, for a distance of 264.2 feet to a point
being located in the South ROW line of F.M. Hwy. No. 8;
THENCE in a Westerly direction parallel to, concentric with and 60 ft
Southwesterly from the centerline of F.M. Hwy. No. 8, with the S. ROW
line, and with a curve to the right, the radius of which is 1206.28
feet through a central angle of 7 -23, a distance of 155.5 feet to a
point being opposite and 60 feet Southwesterly from centerline sur.
Station 445.3-58.6 of the centerline of F.M. Hwy. No. 8;
^ -- THENCE N 55 30 West along the South ROW line of F.M. Hwy. No. 8 263.6
feet to a point being the NEC of this tract, and being opposite and
60 feet Southwesterly from centerline sur. station 442+95 of F.M. Hwy.
No. 8;
THENCE S 60 05 W along the N line of this tract for a distance of 687.2
to a point being the NWC of this tract, and the NEC of 44.71 acre tract
of land conveyed to Hugh O. Wolfe, in the deed recorded in Erath County;
THENCE S 30 11 East along the W line of this tract for a distance of
2479.1 ft to the SWC of this tract, and the SEC of the Hugh Wolfe 44.71
acre tract;
THENCE N 60 06 E along the S line of this tract, for a distance of
997.4 feet to the SEC of this tract, said corner being the N fence line
of the Willard Chamberlin property;
THENCE N 30 30 West along the E line of this tract for a distance of
1866.4 ft to the point of Beginning, and containing 54.294 acres of land;
is hereby received into the City of Stephenville and made a part of the City
of Stephenville and the City Limits of the City of Stephenville are hereby
extended in accordance with the lines of the tract of land hereinabove des -
cribed.
The above and foregoing ordinance was introduced at the meeting of
the City Council of the City of Stephenville held on the 1st day of September
1970 by Alderman W. M. Irwin At such time it was moved
by Alderman W. M. Irwin and seconded by Alderman vDon
Metsgar , and being put to a vote such motion carried to the effect that
this ordinance be published for one issue in the Stephenville Daily Empire
and that by such publication notice be given in accordance with Section 5 of
Article 1 of the City Charter of Stephenville, Texas, that this ordinance will
be finally acted upon at a meeting of the City Council to be held at least 30
days after such publication; and any citizen of Stephenville or of the terri-
tory to be annexed, and which is hereinabove described, shall have the right
to contest such annexation by filing with the City a written petition setting
out their reasons for such contest and such citizen or citizens shall be given
an opportunity to be heard before said ordinance in the form hereinabove set
out or in a form to be amended by this Council shall be acted upon.
StIv
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This proposed ordinance was duly published in the Stephenville Daily
Empire in the issue of September.� 1970, and notice was therey given that this
ordinance would be acted upon at least thirty days after such publication. The
City,- Council of Stephenville duly met on the 6th day of October, 1970, and a
quorum being present, the City Secretary was called upon to advise the Council
whether any written petitions or contests of the proposed annexation had been
filed with him for presentation to the City Council. The City Secretary ad-
vised that no written petitions or contests of any kind had been filed and that
no person had made any inquiry of him concerning the annexiation. Thereupon,
it was moved by Alderman Stone and seconded by Alderman Irwin thatthis ordinance
be finally passed as hereinabove set out. Said motion being put to a vote, it
carried unanimously.
PASSED AND APPROVED this 6th day off October,) 1970.
ATTEST:
City Secretary
Mayor
D'
E ^1
To: Zoning Commission of Stephenville, Texas
Subject: Land to be annexed by the City of Stephenville.
Dear Sirs:
I am submitting a plat of the land to be annexed by the city of Stephenville
at their first aegular meeting in October. As Attorney in Fact for the
land owners of this property, I am requesting the following zoning on this
tract of land.
1. All that land ,outh of the New FM 988 and platted for record to
be Zoned R1.
2. All that land North of New FM 988 to be zoned R2.
Should there be any questions that I might answer regarding this :matter,
I will be happy to meet with you at any time.
Yours truly,
David Montgomery, ividual and as
ATTORNEY IN FACT FOR;
Joe Fambro
Seth Moore
K. N. Hubbard
Toby Stone
SECOND ADDITION, CITY OF STEPHENVILLE,
ERATH COUNTY, TEXAS
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF,ERATH
That it, TANGLEWOOD DEVELOPMENT ODMPANY, a partnership composed
of Seth Moore, Jr., David F, Montgomery, K. N. Hubbard and Joe Fambro, for and in
consideration of the enhancement in value of property hereinafter described; being
a part or portion of that certain tract of land out of the John Blair Survey, Abst.
No. 32, Erath County, Texas, located about two miles West of the Court I -louse at
Stephenville, Texas, originally conveyed by Lemuel A. Brock and wife, Verna I. Brock,
to Stephenville Land, Inc., a corporation, by Deed dated April 17, 1968, and recorded
in Vol. 429, page 451, of the Deed Records of Erath County, Texas, and said part or
portion of land now owned by Tanglewood Development Company, and being described
more fully as follows:
2.08 acres out of the John Blair Survey, Abst. No. 32, in Erath
County, Texas, and described as follows:
BEGINNING at an iron pin set in the North line of Wisteria Drive,
Being N 30 W 50 feet and N 60 E 123.5 feet from the NWC of Tangle-
wood Addition Block "C" for the SWC of this tract;
TI -IENCE N 60 E 610.5 feet to a 3/4" iron pin set at angle in Wisteria
Drive, for a corner of this tract;
THENCE N 39 56 E 9.2 feet to a 3/4" iron pin set at the SWC of Block
4, West Oak Addition to Stephenville, Texas, for the SEC of this
tract;
THENCE N 30 12 W along West line of West Oaks Addition, 187.8 feet
to a 3/4" iron pin set for the NEC of this tract;
THENCE S 60 W 311.4 feet to an iron pin set for the Northerly NWC
of this tract;
THENCE S 30 E 92 feet to a 3/4" iron pin set for an interior
corner of this tract;
THENCE S 60 W 307 feet to a 3/4" iron pin set for the Westerly NWC
of this tract;
THENCE S 30 E 100 feet to the place of Beginning.
and for the purpose of developing said property as a residential district in the
City of Stephenville, Erath County, Texas, hereinafter to be known as TANGLEWOOD
SECOND ADDITION to the City of Stephenville, Texas as sham by the map attached
hereto; IT DOES HEREBY DEDICATE as highways for the use of the PUBLIC, the streets
shown on said plat of said district, except that it reserves for itself., its
successors, assigns, officers, administrators, and legal representatives, a per-
petual easement and right to construct, in, over, upon and across said streets,
public utilities of every kind, including sewer lines, water lines, gas lines,
telephone lines, electric lines, and other appurtenances in connection therewith, so
as to properly serve a residential area.
Additionally the dedicators herein adopt the following restrictions and coven-
ants for the use, convenience and benefits of every purchaser of a lot or lots in
said TANGLEWOOD SECOND ADDITION:
1. These covenants are to rim with the land, and shall be binding upon all persons
and parties claiming under them for a period of twenty -five years from the date these
covenants and restrictions are filed for record in the County Clerk's Office in Erath
County, Texas, after which time said covenants and restrictions shall be automatically
extended for successive periods of ten years each unless an instrument signed by a
majority of the then owners of the lots has been recorded with the County Clerk of
said County, agreeing to change said covenants and restrictions in whole or in part.
the owner of each lot shall be entitled to one vote or signature for each lot he, she,
or they own at said time.
2. If any party owning any lot or part thereof or share thereof in said subdivision,
or their heirs or assigns, shall violate or attempt to violate any covenants or
restrictions, any owner or owners of another lot or lots shall have the right to
injunctive relief, both temporary restraining order, temporary writs of injunction,
and permanent writs of injunction, and shall also have the right to recover full
damages, and the same may be determined, accuring as a result.of any such violation.
And this right of relief and recovery shall be extended to each and every owner of
any lot or part thereof in said subdivision who,may be agrieved as a result of any
such violation.
3. No building shall be located on any plot nearer than 25 feet to the front lot
line, nearer than 15 feet to the side street line, as said 25 feet and 15 feet
building set back lines are shown by dotted lines on the attached plat, nearer than
8 feet to the side lot line on the front half of the lot, nor nearer than 3 feet to
any other lot line or property line, lot lines called for here meant to be property
lines in ease one or more or fractions of lots are used for building plots.
4. No lot shall be used except for residential purposes. No structure shall be
erected, altered, placed or permitted to remain on any lot other than one detached
single family dwelling, not to exceed two and one -half stories in height, private
garages of a capacity to accommodate the needs of the residents for private trans-
portation but not to include a garage for commercial enterprises, and other out-
buildings incidental to residential use.
S. No dwelling will be constructed on any lot which has a floor space of less than
1400 square feet exclusive of one story open porches and garages.
6. No dwelling shall be erected or placed on any building plot which has an area
of less than 8,000 square feet or a width of less than 80 feet at the front building
set back line.
7. No noxious or offensive activity shall be carried on upon any lot, nor shall any-
thing be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
8. No trailer, basement, tent, shack, garage, barn or other outbuilding in this
addition or subdivision shall at any time be used as a residence temporarily or
permanently, nor shall any structure of a temporary character be used as a residence.
9. No sign of any kind shall be displaced to the public view on any lot except one
professional sign of not more than one square foot, or one sign of not more than
five square feet advertising the property for sale or rent, or signs used by the
builder to advertise the property during the construction and sales period.
10. No animals, livestock or poultry of any kind shall be raised or kept on any lot,
except that dogs, cats or other household pets may be kept, provided they are not
kept, bred or maintained for commercial purposes, and are not a nuisance to the
district.
of new
construction using new materials.
12. Invalidation of any of these covenants by judgment or court order shall in
no wise affect any of the other provisions which shall remain in full force and
effect.
13. No trees or shrubs of like nature, the roots of which will interfere with
sewer line operation, will be planted or allowed to remain on the front one foot
of each lot, nor on the strip of street property which lies between the curb and
the property line in front of each lot.
14. No dwelling shall be erected on any lot which has walls of less than 80%
brick, cut stone or rock.
15. This instrument shall be binding upon the dedicator, its successors and
assigns forever.
Executed at Stephenville, Texas, this day of September, A. D. 1970.
i
�E
David MontgomeTiNartn
Fambro, Partner
THE STATE OF TEXAS X
X
COUNTY OF ERATII X
T EWOOD DEVELOPMENT COMPANY
Seth Dore, Jr., Pa tner
K. N. Hubbard, Partner
BEFORE ME, the undersigned authority, in and for said
County, Texas, on this day personally appeared Seth Moore, Jr., David F.
Montgomery, Seth Moore, Jr., and K. N. Hubbard, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknow-
ledged to me that they executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
33
Medical and Dental Clinics: Six parking spaces per doctor plus one space for each
two employees.
Baseball. Parks, Stadiums, Amusements Parks and Athletic Fields, one parking space for
each 4 seats. Motion carried unanimously.
After final reading of the proposed annexation of land it was moved by Councilman Stone
seconded by Councilman Irwin to adopt an ordinance annexing land as described in said
attached ordinance. Motion carried unanimously.
It was moved by Counciiman Irwin seconded by Counciiman Stone to accept the recomendation
of the Zoning Commission and Adjustment Board that the above described annexed land be
zoned as follows: All that land south of the new FM988 and platted for record to be
zoned Residence 1. All that.land north of new FM988 be zoned Residence 2.
Also accept the recomendation that applications for child care centers in Residence 1\
areas, not exceeding the keeping of more than 6 children, be submitted to the Zoning
Commission and Adjustment Board..
The Board shall then conduct an investigation, should such investigation be favorable
then the Board may recomend to the City Council that a non- conforming permit be issued.
Each case to be considered separately and on its own merits. Motion carried unanimously.
It was moved by Councilman Irwin seconded by Councilman Metsgar to adopt the following
ordinance:
Ordinance
That the tax rate in the City of Stephenville for the year 1970 is hereby fixed at
$1.60 (one dollar sixty cents) on the one hundred dollar valuation of all property by
law and ordinance of_said city, and which tax is hereby apportioned to various funds
of the city as follows:
General Fund -------------------- 1.02-
Band Fund----------------- - - - - -- .O1-
Park Fund----------------- - - - - -- .265
Street Lighting Fund------ - - - - -- .09
Airport---- -------- ----- ---- - - - - -- .005
Cemetary Fund------------- - - - - -- .04
Airport Bonds, 1958------- - - - - -- .O1
Airport Warrants, 1960---- - - - - -- .03
Sewer Bonds, 1955--------- - - - - -- .13
$1.60
That this ordinance be fin full force and effect after its passage. Motion carried
unanimously.
J
It was moved by Councilman Irwin seconded by Councilman Metsgar to adopt this 1970 -1971
budget. Motion carried unanimously.
It was moved by Councilwoman McCleskey seconded by Councilman Irwin that the receipts
from concessions and athletic fund be placed into a special fund. Motion carried.
Only one bid was received for the keeping of city funds. The bid being from the
Stephenville Hank and Trust Company.
It was moved by Councilman Metsgar seconded by Councilman Irwin to accept the bid of
Stephenville Bank and Trust Co. for keeping of city funds for the ensuing year. Motion
carried unanimously.
Mayor appointed Councilmen Stone and Smithey and Metsgar to check on the plat of West
End Cemetary, which is being prepared by Mr. Yantis.
There being no other business at this time the council stood adjourned, subject to the
Mayor's call.
c
Mayor
ATTEST:
Ci�ecretaiy