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HomeMy WebLinkAbout1962-09-04 - Regular City CouncilStephenville Texas September 4,'1962. The City Council met in regular session on the above date with Mayor Evans Wm- 00. Croft, Mark MarkfGeeslins Al councilmen Stem.andyHarlan Huey. Present for the meeting were Water Supt. Gann, St. Supt. Collins, Chief Cornell and city Atty. Chandler. Minutes of previous meetings were read and approved. Dr. Nathan Cedars and a group, representing the Youth Recreation Program before the Council and expressed appreciation for the money to be given by the City for their program, Dr. C � appeared there would need to be aneadditionalt $1500.00iandraskedothe City to donate this ad- ditional money. The Council explained to the group that intorder t000na e this operation $3000.00 in the budget the City had to cut payment on some of the indebtedness, there- fore the City will not be able to give any additional funds, Councilman Dickerson reported the Street Committee is checking into the possib- ility of covering a part of Methodist Branch and have asked for bids on this project. The council discussed the fees which are paid to C. C. Committee was asked to check into this and see how much the Cityeisona T berton and report back to the council. he Sanitary paying Mr. P "em= Councilman Stem reported the Finance Committee had checked with the Count found they have increased the amount of funds for the Library from $420.00 to $600.00 per year. This will make a total of Y and Library, $1800.00 per year for operating the Councilmen" Geeslin and Huey had nothing to report. Councilman Reynolds reported the Law & Order Committee had disc' iscussed the furnish- ing of the until he station and holding open house. It was agreed to wait on the open house until the remodeling of the Council Room is complete, then hold open house for both places. Councilman Croft, reporting for the Cemetery, stated this co mmittee had the following recommendations: The price of grave space be $75.00 for resident and $100.00 for non - resident. That a part of this money go into a Perpetual Care F und. After discussion, it was moved by Councilman Dickerson, seconded by Councilman Graves, that effective im- mediately the price per grave space be $50.00 for resident and dent'. That the first $2700.00 of the sale of lots to into the budget for the coming' X75.00 for non -resi- b Teway Righwgy Department FoK V 1.5 37 Page I of 7 Rev® 10-61 E STATE OF TEXAS COUNTY OF TRAVIS � `.'D RIGM OF WAY PROCURKENT (any roam, COUNTY Erath �iS li'tvF T _Loop 1Y5 _.x -- --__ This a ePEme t eatteraci. into tp::ic; day Oi October. '? 62 -W g l$t _ Y — by llQ between the i a ''LL Of 1vz}.a, 1:- .cling, by and. nhry ,'ugh "',oa Aexsls nait?lhvay Zt.pan 1tulmnt, hereinafter called the St tep a!1 City of Stephenville � - ,lesam, acting by and through its My authorized official uvAaI,. day of _September 1 `62 , hereinafter aftear wall 1 the C ty, WHEREAS, the State has deemed it ne ei:5nary to i aks wertnin highway "W3IlC.rovemen c an Loop Highway No, �1�� .u. Fr'ov E. City liunits of_Stephenville5 =Wt �pproxm 02 Miv, s -state the acquisition of Ce:u'S°ain right of way, and I F8EE'RRAS, it is agreed that such right of way pU.Mba0e Shall he BY joint effort Of the State and the City; Now, 7RF,FFFon be it - ;;REED that acquisition of ruel right of way shall be in accordance with the terse of thin contract. The State hereby cnct`e'hori:Lae and ze'vnwato the City to proceed `side acquisition and the State agrees to retmburva the City for its share of the cost of such right of way providing such acquisition. and reimbursement are acco_<1U i Ain 3e d according to the provisions ons out Lined iiF..Y,e'?n and agxeSed to by Thoth partite her y to o LOCATION SURVEYS . AND ''REPAaA "nN OF RIGHT OF WAY 6 AsAW The State; without coot Co the City„ will do the necessary preliminary engineering and title investigation in order to r. -.D.. EV2[^3➢ly to the City the Me and in,^:,F.:&'i?'7.1'^D , nts necesear`y' to obtain acceptable title to the J 1 do iced right of way, 4 DETERMINATION OF RIGHT OF WAY 'l z furs— The gory green to IM a Mar ninatiu n o* property values for each Egf3F of way S >h1wcel by mat oda acceptable 5o the City and to submit to the State's District Mice a tabulation ok thn v:.luee 6c ketermined, eigned, by the appropriate City reJpaasente0vee Such tabulation shall lien the parcel members, ownership, acreage and recommended compensation. Cormpennation shall be shown in the L.oL2E,onent parts of land taken, itemization £,ei 2.rgx9rove'.Y semi taken, and (%f a partial taking) damaged, ii.' any, or enhancements, if any, to the remainder. This tabulation shall be accompanied by an erlp laanacion to support the a'e tc rmin ed valu :s9 together with a copy of information or reports raed in arriving at determined values. Such work will lee performed by the City at its expease without cost participation by the State, The State will ev ieib the f.'za submitted aK may base it }a re?i5.13srsi'zTxznt on the values as dctersiined by this review. The State, fYos>a4i'er, reserves es L,DCie right to perform it its plan expense any additional investigation deemed necessary, including supplemental appraisal work by State empiloysev or by employment of Me appraisers, all an may be 'neceavany for determination or values to nonztitun the ba'3.'s :Or State raimburnament. Form D -15 -37 Page 2 of 7 Rev. 2 -62 If at any stage of the project development it is determined by mutual agreement between the State and the City that there should be waived the requirement that the City submit to the State property value determinations for any part or all of the required right of way, the City will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own ex- pense will make a determination of values to constitute the basis for State reimbursement. NEGOTIATIONS: The State will notify the City as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the City without participation by the State; however, the City will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The City will deliver properly executed deeds which together with any cura- tive instruments found to be necessary as a result of the State'a title investiga- tion will properly vest title in the State for each right of way parcel involved. The costa incidental to negotiation and the costs of recording the right of way instruments will be the responsibility of the City. The cost of title investigation will be the responsibility of the State. CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense except as hereinafter indicated. The City will obtain from the State without cost current title informa- tion and engineering data at the time condemnation proceedings are to be initiated. Except as hereinafter set forth the City will concurrently file condemnation pro- ceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property con- demned in the name of the State. The City will accomplish the legal procedures and curative matters found to be necessary as a result of the State's title investiga- tion, fulfilling the obligation to properly vest title in the State of Texas. The City may, as set forth herein under "Excess Takings," and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the City's name must comply with the requirements set forth in the engineering data and title investigation previously furnished the City by the State at such time as the City conveys said property to the State. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costs and costs of Special Commissioners' hearings assessed against the State or City in condemnation proceedings conducted on behalf of the State and fees incident.there- to, will be paid by the City. Such costs and fees, with the exception of recording fees, will be eligible for 50 per cent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing State law. where the City uses the State's appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser of updating his report, of preparing new reports, preparing for court testimony and appearing in court to testify in support of his appraisal, will be paid direct by the City, but will be eligible for 50 per cent State reimbursement under established reimbursement procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the City shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Form D -15 -37 Page 3 of 7 Rev. 2 -62 EXCESS TAKINGS: In the event the City desires to acquire land in excess of that re- quested by the State for right of way purposes, the State's cost participation will be limited to the property needed for right of way purposes. If the City elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be ac- quired in the name of the City and that portion requested by the State for right of way will be conveyed to the State. When acquired by negotiation, the State's par- ticipation will be based on the State's approved value of that part requested for right of way purposes, providing such approved value does not exceed actual payment made by the City. When acquired by condemnation, the State's, participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. DISPOSAL OF IMPROVEMENTS: It is agreed that the State's participation in the cost of improvements will be based upon approved values. The disposition of improvements may be in accordance with State Highway Department Administrative Order 8 -57, a copy of which is attached hereto and marked Exhibit "A ". Where the owner retains an im- provement, which is to be moved by either the City or the owner, the maximum amount in which the State will participate is that figure derived from an application of the provisions of Administrative Order 8 -57. In the event the improvements which are in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar structure outside the right of way cannot be recon- structed adequtely or there is nothing but salvage left, and provided title to the entire structure is taken in the name of the State. The State shall dispose of all improvements acquired. Revenue derived by the State from the disposition of any improvements will be credited to the cost of the right of way procured. RELOCATION OF UTILITIES: If the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will.estab- lish the necessity for the utility work. State participation in the cost of making the necessary changes less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to the City's certification that the work has been completed and will be made in an amount equal to 50 per cent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establish the eligibility of the utility work and enter into a three party agreement with the owners of the utility facilities and the City which sets forth the exact lump sum amount of reimbursement based on a prior appraisal. The utility will be reimbursed by the City after proper certifica- tion by the utility that the work has been done, said reimbursement to be on the basis of the prior lump sum agreement. The State will reimburse the City in an amount equal to 30 per cent of the firm commitment as paid to the utility owner. The fore- going is subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000, the transaction will be, brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropri- ate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this contract shall include publicly, pri- vately, and cooperatively owned utilities. ' Form D -15 -37 Page 4 of 7 Rev. 10 -61 FENCING REQUIREMENTS: The City may either pay the property owner for his existing right of way-fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be in- cluded in the recommended value and the approved value, or the City may do the fencing on the property owner's remaining property. Where the City performs right of way fencing as a part of the total right of way consideration, neither the value of existing right of way ,fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the City's cost of constructing right of way fencing on the property owner's remainder may be based either on the actual cost of the fencing or on a predetermined lump sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costs of the City. If State participation is to be requested on the lump sum basis, the State and the City will reach an agreement prior to the actual accomplishment of work as to the necessity, eligibility, and a firm commitment as to the cost of the entire fencing work to be performed. The foregoing is subject to the provision that the lump sum approved cost shall not exceed $20,000, except as specifically approved by the State. In case the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. REIMBURSEMENT: The State will reimburse the City for right of way acquired after the date of this contract in an amount not to exceed 50 per cent of the cost of the right.of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of 50 per cent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section headed "Condemnation ", the participation by the State shall be based on the final judgment, conditioned that the State has been notified in writing prior to,the filing of such suit and prompt notice is also given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the State and the City as provided by other provisions of this agreement. If a lump sum fencing or utility adjustment agreement has been executed the State will reimburse the City in the amount of 50 per cent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the City prefers not to execute a lump sum agreement for either fencing or utility adjustments the State will reimburse on the actual cost of such adjustments. The Cityts request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. GENERAL: It is understood that the terms of this agreement shall apply only to right of way authorized and requested by the Texas Highway Department which is needed and not yet dedicated, in use, or previously, acquired in the name of the State or City. for h7ighway, street, or road purposes. Form D -15 -37 Page 5 of 7 Rev. 10 -61 It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such un- usual circumstances or problems will be resolved by mutual agreement between the State and the City. i IWI ayor ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, es- tablished policies, or work programs heretofore ;ap! Wpand authorized by the State Hssion: By: Executed as-State Highway Engineer and approved for State Highway Commission. RECO141ENDED FOR APPROVAL 2,1% i'4� A�S�•District Engineer Chief Engineer of H' way Design Right of Way Engineer r . Form D -15 -37 Page 6 of 7 Exhibit !TATS (9 COMMISSION E. IRSNRLL iG RRRY N. iHSRNTCN, JR., EMbww TEXAS HIGHWAY DEPARTMENT M HERO ERT C. PETRY, JR. AUSTIN IA. TSRAS April 4, 1957 ADMINISTRATIVE ORDER NOS 8 -57 iTATE N10NWAY [NOINfG C. C.CREER IN REPLY REFER TO FILE NO. DCG SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS ON STATE PURCHASED RIGHT OF WAY TO: ALL DISTRICT ENGINEERS, ENGINEER - MANAGER AND DIVISION HEADS Gentlemen: The rapid progress of the State Right of Way Purchase Program indicates the necessity of having a well defined policy for the disposition of improvements purchased with highway rights of way. In arriving at a workable plan, the Right of Way Division studied the procedures used by a number of cities and states as well as the Texas Turnpike Authority. The most feasible plan ap- pears to be one based upon the fixed percentage of the appraised value of the improvement. The cost to the property owner to retain his improvement will be figured as indicated below: 1. Frame Buildings (a) Pier or Block Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 20,% of the appraised value of the retained improvement. (b) Continuous Beam Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 15% of the appraised value of the retained improvement. (c) Concrete Slab Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 10% of the appraised value of the retained improvement. 2. Brick, Rock, Stone, Veneer and Stucco Buildings. (a) Pier or Block Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the 1 D -15.37 Page 7 of 7 Exhibit "A" -2- purchase price for his property by an amount equal to 15% of the appraised value of the retained improvement. (b) Continuous Beam Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 10% of the appraised value of the retained improvement. (c) Concrete Slab Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 5% of the appraised value of the retained improvement. 3. Miscellaneous Improvements, e.g., well pumps, fences, etc., may be retained by the owner if he consents to reducing the purchase price for his property by an amount equal to 20% of the ap- praised value of the retained improvement. Any improvements bought under the State Right of Way Purchase Plan which are to be sold and not relinquished to the property owners in accordance with the above plan will be disposed of through the Board of Control. Where an owner elects to retain improvements under the above procedure, the Contract of Sale or the Memorandum of Agreement shall include a provision covering the agreement and fixing a time limit for removal of the improvement. In anticipation of the possibi:Lity of the property owner desiring to retain his improvements, the appraisal report reviewer shall establish the basic offer value of each improvement which recommended price should be forwarded to D -15 along with the recommended offer price for the total parcel. Me yours Greer State Highway Engineer Distribution: District Engineers Resident Engineers Engineer- Manager Division Heads It was moved by Councilman Dickerson, seconded by Councilman Reynolds, to enter into contractual agree- ment with the State Highway Department for securing right of way for extension of Loop 195 from Highway 281 East to Highway 377, Motion carried (Said contractual agreement being attached and becoming a part of these minutes). I, Rex H. Cates, City Secretary of the City of Stephenville, do hereby certify that the above and fore- going is a true and correct copy of a motion passed by the City Council of the City Council of the City of Stephenville as same appears of record in Volume H at Page 111 of the minute of said Council. Witness my hand and seal of Said City this 6 day of September, 1962. l City Secretary CERTIFIED COPY OF RESOLUTION "RESOLVED, that the Mayor, J. Louis Evans, be and is hereby authorized on behalf of the City of Stephenville, Texas, to sign a contractual agreement with Texas Highway Department for extension of Loop 195 from the intersection of Highway 281 East to City Limits line." I, Rex H. Cates, City Secretary of the City of Stephenville, Texas, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Council of Stephenville, Texas, at its regular meeting held on October 2, 1962, as said resolution is re- corded in Minute Book H, page 115, of the minutes of the City Council. Witness my hand and the Seal of said City this 3rd day of October, 1962. / `C City Secretary. V) A 06 09 r- C� Q3 MWI C) 717 -d L o 7A 8 u W -99 04 eat 0;3 0 C) 717 -d L -99 04 eat C) 717 -d -99 04 eat C) 717 -d }�. �P ! r i 'A iiyYR�l.ifi4:16A 11i 1 4� AN ORDINANCE MAKING A=PART OF THE CITY OF STEPHENVILLE LAND ADJACENT TO SAID CITY AND OUT OF THE MATHEW ROBERTS SURVEY, THE J. B. DUPUY (NORTH) SURVEY, THE H. C. HUDSON SURVEY, AND THE WM. MOTLEY SURVEY, ALL OF WHICH LAND ADJOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH ORDINANCE DESCRIBES SAID LAND BY METES AND BOUNDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain area of land adjacent to the City of Stephenville and specifically described as follows: PARCEL 1: All that certain tract or parcel of laud, a part of the J.-W.—Dupuy (North) Survey, Abstract No. 196, in Erath County, Texas, and a part of the Mathew Roberts Survey, Abstract No: 6401, in said county, and this tract described by metes and bounds as follows: BEGINNING at the N.E. corner of said Dupuy Survey and N.W.,Corner of the Mathew Roberts Survey; at a corner in-the city limit line of the City of Stephenville; _ , THENCE N. 60 E. about 65 feet to the East line of U. S. Highway No. 281; THENCE Southerly with the East line of said Highway 281 and a West line of the City of Stephenville and along the highway cutback line at the intersection of Highway No. 281 and Highway No. 67 (which is the West line of the Texas National Guard property,),and continuing with the North line of Highway No. 67 to the most Southern corner of said National Guard property; THENCE N. 60 E. with 4he South line of said National Guard property and North line of the Cecil Davis 1.854 -acre tract out of the said Roberts Survey to the N.E. corner of said Davis tract; THENCE Southerly with the East line of said Davis tract about 425 feet to the S.E. corner of said Davis in the North line of Highway No. 67; THENCE about West 210 feet crossing Highway No. 67 to tb3N.•E. corner of the R.E.A. land in the East line of said Dupuy Survey; THENCE S. 30 E. with the East line of said Dupuy Survey about 650 feet to the S.E. corner of the R.E.A. or Brazos River Electric tract; THENCE S. 60 W. about 700 feet to the East line of U. S. Highway No. 281; THENCE Northerly with the East line of Highway 281 about 1000 feet to a N.W. corner of the R.E.A. property that is situated East of,Highway No. 281 at the S.W.corner of a cutback at the intersection'of Highway 281 and 67; THENCE Westerly at right angles with the center of said Highway 281 120 feet to.the.West line of Highway No. 281; THENCE N. '18.36 W. with the West line of said Highway about 95 -feet to the South end of a highway cutback at a corner of the R.E.S. property; THENCE, N. 44 -31 W. 360 feet with the highway cutback -right of way line to a corner in the East line of the R. L. Ballow property and West or South line of Highway No. 67; THENCE N. 70 W. with the East line of said Ballow and highway right of way line about 400 feet to the N.E. corner'of said Ballow in the South line of Ballow Street; THENCE, S. 60 W. with the South line of Ballow Street about 1400 feet to the East line of the Old Hico Road at the N.W. corner of said Ballow; THENCE Soithe rly with the East line of Old highway No. 66 or Old Hico Road about 2450 feet to a point which is Easterly from station 75 plus 29.6 and a point of tangency on Highway No. 179 ;` THENCE Westerly crossing said Highway No. 179 and Old Highway No. 2810 120 feet to the West line of Highway Na. 179; THENCE Northwesterly following the West line of Highway No. °179. about 3860 feet to the 'North line of said Dupuy Survey; THENCE N. 60 E. with the North line of said Dupuy Survey and South line of the City of Stephenville about 1220 feet to the intersection of the South line of the John Blair Survey with the centerline of Old Highway No. 67; THENCE about S. 70 E. with the centerline of said old Highway 67 and the present Highway No. 67, about 2250 feetto the intersection of said centerline with the centerline of U. S. Highway No. 281; THENCE Northerly with the centerline of Highway No. 284 about 1750 feet to the place of beginning; That portion of the above described tract which lies between Highway No. 179 or South Graham Avenue and the Old Hico Road to be hereafter known as Block No. 152 in the City of Stephenville, Texas; That portion of the above described tract that lies between the Old Rico Road and the present Highway No. 67 just North of Ballow Street shall be hereafter known as Block No. 153 in the City of Stephenville, Texas; The Cecil Davis 1.854 -acre tract out of the Mathew Roberts Survey shall be known as Lot 1 and the R.E.A. property known as Lot 29 all in Block No. 154 of the City of Stephenville, Texas; PARCEL 2+ All that certain tract or parcel of land, being a paw of he J. B. Dupuy (North) Survey, Abstract No. 196, in Erath County, Texas, described by metes and bounds as follows: BEGINNING at the N.W. corner of said Dupuy Survey at the N.E. corner of the H. C. Hudson Survey in the South line of the John Blaiar.Survey and South line of the City of Stephenville for the N.W. corner of this; THENCE S- 30 E. about 685 feet with the West line of said Dupuy Survey to the S.W. corner of the W. D. Williams 21.1 -acre tract; THENCE N- 6Q E- with the South line of said Williams tract and North line-of the Co A. Taylor tract at about 1450 feet crosses the West line of F. M. Highway No. 914, in all about 1550 feet to the East line of said F. M. Highway; THENCE Northerly with the East line of said F. M. Highway about 100 feet to the S.W. corner of the 28.1 -acre tract out of said Dupuy Survey which was conveyed to Richard Ward by deed of record in Vol. 380, page 91 in the Deed Records of Erath County, Texaa; THENCE Easterly running with the South line of said Ward tract as defined in said deed to the center of the Bosque River; THENCE Northwesterly with the center of said Bosque about 300 feet to the S.W. corner of the R. E. Martin 13.58 -acre tract out of said Dupuy Survey; at the N.W. corner of the L. B. Whyburn 57.24 -acre tract; THENCE N. 60 E. with the South line of the Martin tract and North line of the Whyburn tract, about 1600 feet to the West line of Highway No. 179 or South Graham Avenue; THENCE,N -, 30 w —with the West line of said highway about 470 feet to the North line of said Dupuy Survey and South line of,the City of Stephenville; , THENCE S. 60 W. with the 5outh,line of the City of Stephenville and South line,of the John Blair Survey and North line of the Dupuy Survey about 5000 feet to the place of beginning; The above described tract to be hereafter known as,Block No. 1514n the City of Stephenville, Erath County, Texas; PARCEL 3: All that certain ,tract or parcel of land, a part of the . udson Survey, Abstract No- 342, in Erath County, Texas, described by metes and bounds as follows: BEGINNING at the N.E. corner of said Hudson Survey in the South line of the City of Stephenville, in the South line of the John Blair Survey and East line of South Lillian Avenue for the N.E. corner of this; , THENCE S. 60 W. with the South, line of said City and North line of said Hudson Survey about 1370 feet to a point which is 550 feet Southerly from the centerline of U. S. Highways Nos. 67 and 377; THENCE Easterly with a curve to the left running 550 feet Southerly from the centerline of said highway for a distance of about 1500 feet to the West line of a county road which is a projection of S. Lillian Avenue in the City of Stephenville; THENCE S. 30 E with the West line of said road about 100 feet to a projection from the East of the South line of the W. D. Williams 21.1 -acre tract out of the J,. B. Dupuy Survey, Abstract No. 196; THENCE N. 60 E. at about 50 feet the S.W. corner of said Williams tract in 'the -East line of said Hudson Survey; THENCE N. 30 W- about 685 feet to the place of beginning; - The above described tract to be hereafter known as Block No. 150 in the City of Stephenville, Texas; , PARCEL 4: All that certain tract or parcel of land, a part of the John Bla ir Survey, Abstract No. 32, in Erath County, Texas, lying adjacent to and Southwest of the City of Stephenville as defined through the year 1961, and this tract described'as follows: BEGINNING in the West line of said Blair Survey, about ?850 feet N- 30 W- from the S.W. corner of said Blair, at a S.W. corner of Block No. 145 of said City, for the N.W. corner of this; I THENCE N. 60 E. with the South line of said City about 1050 feet to a S.E. corner of said Block 145 at the S.E. corner• of the E. L. Walls tract in the West line of former Lot 5 in Block I of the Greenview Addition; THENCE N. 30 W- with the West line of said Block 1 in said Greenview Addition about 43 feet to a corre r in the City Limit line as defined in 1961; THENCE about S. 72 -02 E. with the City Limit line about 600 feet to the South line of West Swan Street; THENCE N. 60 E. with the South line of West Swan Street 595 feet to the intersection of the South line of said street with the East line of the former W. W- McNeill 300 -acre tract; THENCE S. 30 E- with the West line of the South Side Addition in said City of Stephenville, at about 800 feet crosses the center of U..S. Highways 67 and 377, at about 815 feet crosses the center of the railroad, in all about 1600 feet to the South corner of this, at a.point 550 feet Southerly of the center of said highway; THENCE N. 72 -02 W. running parallel to and 550 feet Southerly of the centerline of said highway, at about 870 feet crosses the South line of the railroad, in all about 1000 feet to the South line of the Lottie Young tract in the North line of said railroad; THENCE Westerly with the South line of said Lottie Young tract and South line of the Brooks and Terrell tract and North line of said railroad, a distance of about 1400 feet to the West line of said Blair Survey; THENCE No 30 W. about,1000 feet to the place of beginning; That pnwtion of the above described tract that lies Northerly of the railroad except the part in the recorded plat of the Greenview Addition to be hereafter known as a part of Block No. 145, in the City of Stephenville, and that portion of the above described tract lying Southerly of the railroad to be known as Block 149 in said City of Stephenville; PARCEL 5: All that certain tract or parcel of land, ]1eing a part of the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, described by metes and bounds as follows: BEGINNING in the East line of said Motley Survey in Dale Avenue at the intersection of said Motley East line with the present South line of the City of Stephenville, at a point about 3700 feet N. 30 W. from the S.E. corner of said Motley Survey; THENCE S. 30 E. with the East line of said Motley Survey about 1025 feet tb the S.E. corner of the J. L. Burns 1 -acre tract out of said Motley Survey and N.E. corner of the Charles Neblett, Jr., 83 -acre tract out of said Motley Survey; THENCE S. 60 w. with the South line of the said Burns tract and South line of the Ada McElroy land and South line of the E. Lee Orbison 11.47 -acre tract and a part of the South line of the Texas Power & Light Company 16.39 -acre tract to the N.W. corner of the Charles Neblett 83 -acre tract at an internal corner of said 16.39 -acre tract; THENCE" So 30 E. about 322 feet to the S.E. corner of said 16.39 - acre tract; THENCE S- 74 -41 W- 372 feet to the S.W. corner of said 16.39- acre tract; THENCE N. 30 W. with the West line of said 16.39 -acre tract and East line of the Charles Neblett, Jr., 35.02 -acre tract, about 1600 feet to the South line of U. S. Highways 67 and 377, or W. Washington Street, at the N -W. corner of the Kennedy tract; THENCE Westerly with the South line of said Highway to its intersection with the projection to the South of the West line of the F. W. Tuggle tract out of said Motley Survey, a distance of about 360 feet; THENCE N. 30 W. with the projection of the West line of said Tuggle tract, at about 102 feet pass the S.W. corner of said Tuggle tract, in all about 242 feet to the N.W. corner of said Tuggle tract; THENCE about N. 60 E. 70 feet to the N.E. corner of said Tuggle tract in the West line of the Floyd L. Ferguson 5.1 -acre Sub- division No. 1 as described in deed of record in Vol- 382, page 467, in the Deed Records of Erath County, Texas; THENCE No 30 W. about 1340 feet to the N.W. corner of said Ferguson 5.1 -acre tract; a sd THENCE N. 60 E. with the South line of the Wolfe land. about 100 feet to the NAY. corner of Beta .avenue at the N.W. corner of the City of Stephenville; THENCE S. 30 E. with the West line of Beta Avenue and West• line of said City as existed in 1961, at about 1400 feet crosses the North line of Highways 67 and 377, in all about 1700 feet to the S.W. corner of said City; . THENCE about N. 60 E. with the South line of said City as existing in 1961, running parallel to and 200 feet Southerly of the South line of West Washington Street, about 1200 feet to the place of. beginning; The portion of the above described tract that lies Southerly of W. Washington Street to be hereafter known as Block No.•141, in the City of Stephenville, and the portion of the above described tract that lies Northerly of W. Washington Street to be hereafter known as Block No. 148, in the City of Stephenville; is hereby received into the City of Stephenville and made a part of the City of Stephenville and the City Limit lines of the City of Stephenville are hereby extended in accordance with the lines of the tracts of land here- inabove described. The above and foregoing ordinance was introduced at the meeting of the City Council of the City of Stephenville held on,Tuesday, August 7, 19629 by Alderman Dickerson . At such time, it was moved by Alderman Dickerson an seconded by Alderman. Graves and upon being put to a vote such motion carried to the effect s ordinance be published for one issue of 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 this,City Council to be held at least 30 days after such publication; and any citizen of Stephenville, or of the territory to be annexed and which is hereinabove described, shall have the right to contest such annexation by filing with the City Council a written petition setting 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. This proposed ordinance was duly published in the Stephenville Daily Empire in the issue of August 10, 19629 and notice was•thereby given that this ordinance would be acted upon at least thirty days after such publication. The City Council of the City of Stephenville duly met at 5:00 p.m. on September 10, 1962, and a quorum being present the City Secre- tary 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 advised that no written petitions or contests of`any,kind had been filed and that no person had made any inquiry of him concerning the annexation. Thereupon, it was moved by Alderman Huey and seconded by Alderman Stem that this ordinance be finally passed as here - inabove set out. Said motion being put to a vote it carried unanimously. PASSED AND APPROVED this 10th ATT City ecretary day o epte er, 1962 � _ e Mayor AN ORDINANCE PROVIDING FOR THE HOLDING OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE JOINTLY WITH THE ZONING COMMISSION OF THE CITY OF STEPHENVILLE ON THE PROPOSED ZONING ORDINANCE PREPARED BY THE ZONING COMMISSION; SETTING DATE FOR SUCH HEARING AND PROVIDING FOR NOTICE IN ACCORDANCE WITH ARTICLE 1011d OF THE REVISED CIVIL STATUTES OF TEXAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One A public hearing shall be held by the City Council of the City of Stephenville jointly with the Zoning Commission of the City of Stephenville on the proposed zoning ordinance which has been preparedby the Zoning Commission and submitted to the City Council, this meeting to be held in the meeting room of the City Council at the City Hall in Stephenville, - Texas, on the rh day of September, 1962, at ;oo p.m. Section Two Notice of the hearing above mentioned shall be given as provided by Article 1011d of the Revised Civil Statutes of Texas by publication in the Stephenville Daily Empire for the required period of time which notice shall be signed by the Chairman of the Zoning Commission on behalf of such Commission and shall be signed by the City Secretary of the City of Stephenville on behalf of the City Council of Stephenville. PASSED AND APPROVED this // rh day of September, 1962. ATT ' utiy 6ecretary if L X39 11 year, any balance to be placed in a savings account. Motion carried. (Resident defined as a person who lives in the City Limits and his immddiate family). Councilman Croft reported the Garden Club is asking the City to take care of the space back of the Girl Scout House. It was agreed this will be handled by the Park Department. Councilman Croft also reported -the planting of trees in the City Park area had gotten some publicity and several persons had agreed to help on this project. Councilman Anderson reported there had been a hold -up on the purchase of the dozer from C. C. Booth but the deal should go through as soon as some legal work is completed. It was moved by Councilman Dickerson, seconded by Councilman Geeslin, to adopt the Budget for the year 1962 -1963. Motion carried. There was a tentative date set for the public hearing on the proposed annexa- tion to the City, the date being September 9, 1962, at five otelock P. M. It was moved by Councilman Stem, seconded by Councilman Croft, that the follow- ing notice for City Depository Bid for the coming year be advertised. Motion-carried. NOTICE Notice is hereby given that the City Council of the City of Stephenville, Texas, will receive sealed proposals for custody of City Funds of said City from any banking corporation, association or individual bankers doing business within the City of Stephenville. All banking corporations, association or individual bankers desiring to be selected as the Depository of the funds of said city shall file their sealed bids with Rex H. Cates, City Secretary, on or before the,,2nd day of October, 1962, at five o'clock P. M., stating the rate percent upon daily balance which such bidder offers to pay to the City for the next year following the date mentioned. All such proposals shall be securely kept by the City Secretary and shall not be opened until the 2nd day of October, 1962, at seven otclock P. M., at which time the City Council of said city shall meet for the purpose of passing upon same and no proposals will be received after such sealed bids have been opened. The Council reserves the right to reject any and all bids. It was moved by Councilman Graves, seconded by Councilman Dickerson, to transfer money as follows: From General Fund to From Water Works Ope From General Fund to From General Fund to From General Fund to From General Fund to Civil Defense Fund ----------------------------- $300.00 g.. Fun Fund - --- - ------- ------- --2500.00 R & B Fund Fd --------------------------------------- to R - BFnd - - ---------- - - - - -- 500.00 1075.00 Fire Truck Fund ---------------- --------- - - - -- 2500.00 Cemetery Fund ---------------------------------- 1260.00 Motion for the above carried. It was moved by Councilman Dickerson, seconded by Councilman Croft, to approve the 1962 Tax Roll. Motion carried. There being no other business at this time, to the Mayor's call. M14, MES the Council stood aZo d subject Mayor.