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HomeMy WebLinkAbout1963-06-04 - Regular City CouncilStephenville, Texas June 4, 1963. The City Council met in regular session on the above date with Mayor Evans presiding and the following councilmen present: I. D. Reynolds, Hubert Darby, Mark Geeslin, E. Lee Orbison, Raymond Anderson, Roy Swain, Harlan Huey and W. H. Stem. Others present were Director of Public Works Gann, Street Supt. Chief Cornell and City Atty Chandler. Collins, Minutes of previous meeting were read and approved. Messrs. Clark Wren and A. L. Moorhead appeared before the Council. stated to the Council that the Moorhead and Shuler Heirs will protest the Mr. Wren closing Of Charlotte Street, and there probably will be some court cost involved in the matter if the street is closed. Mayor Evans stated that the ordinance for closing Charlotte Street would be considered later in the meeting and the gentlemen were welcome to stay for the results. Messrs. Sam Goodman and E. W. Ferguson appeared before the Council asking that buying another booster truck be considered. The trduck would cost,complete, approx imately $6500.00. It was pointed out that there were no provisions in the present budget for a new truck, however, there is $5200.00 in a special fund set aside to buy a new pumper truck. This money could be used if the Fire Committee feels there is a need for the booster at this time. It was moved by Councilman Orbison, secon- ded by Councilman Huey, to advertise for bids for a truck chasis and equipment. Bids to be opened at the next regular meeting of the Council. Motion carried. Dr. J. C. Terrell,and a group of other property owners on North Graham Street, appeared before the Council stating the truck traffic is very heavy on this street. The group asked that the Council fix a truck route two blocks east of Graham Street. After discussion, this was referred to the Street Committee for study and to report back to the Council. Councilman Geeslin had nothing to report. AN ORDINANCE RELEASING FRCM THE CITY LIMITS OF STEPHENVILLE, TEXAS, A PORTION OF PARCEL 1 ANNEXED TO THE CITY OF STEPHENVILLE BY ANNEXATION ORDINANCE PASSED BY THE CITY COUNCIL ON SEPTEMBER 10, 1962, AND WHICH ORDINANCE DESCRIBES THE LAND RELEASED BY METES AND BOUNDS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Cr STEPHENVILLE; That certain land which is a part of Parcel 1 included in annexation or- dinance passed by the City Council of the City of Stephenville dated September 10, 1962, and being described as follows: All of that certain tract or parcel of land, a part of the J. Be Dupuy Survey, Abst, No. 196, in Erath County, Texas, being a part Of Parcel No. 1 as described in the Copy of City - Ordinance from the City of Stephenville which was filed for record September 12, 1962, and recorded in Vol. 386, page 452, in the Deed Records of Erath County, Texas, this tract described by metes and bounds as follows:. BEGINNING at the N.W. corner of the R. L. Ballow property out of said Dupuy Survey, at the.intersection of the South line of Ballow Street and East line of the Old Hico Road; THENCE Southerly with the East line of Old Highway No. 66, or Old Hico Road about 2450 feet to a point which lies Easterly from Station 75 plus 29.6 and on a point of tangency on Highway 179; THENCE Westerly crossing said Highway 179, and Old Highway 281, 120 feet to the West line of Highway 179; THENCE Northwesterly following the West line of Highway 179, to the South line of a 4.1 -acre tract conveyed by J. Be Jones and wife by deed dated June 29, 1909, and of record in Vol. 109, page 158, in the Deed Records of Erath County, Texas; THENCE N. 60 Be with the South line of said 4.1 -acre tract running with the North line of the R. C. Gibbs 1 -acre tract to the West line of Old Hico Road; THENCE Northeasterly across Old Hico Road to the S.W. corner of the former Hawk or Dunn 5 -acre tract, and S.W. corner of the Morris Couch lot; THENCE N. 60 Be with the South line of said Couch tract about 600 feet to a point which is 300 feet from the South line of U. S. Highway 67; THENCE about S.70 Be running parallel to and 300 feet Southerly of the South line of said Highway 67, a distance of about 700 feet to the South line of Ballow Street in the North line of the R. L. Ballow property; THENCE S. 60 W. with the North line of said R. L. Ballow about 1050 feet to the place of beginning; is hereby released from the limits and territory of the City of Stephenville and same shall no longer be apart of the territory of the City of Stephenville and the lines making the City Limit lines shall be altered and changed so as to be the outside or excluding lines of said land hereinabove described. It is found that said territory above described was takezu into the City of Stephenville in said annexation ordinance by mistake and all taxes that may have been assessed on behalf of the City of Stephenville against said land since its annexation are hereby declared cancelled. PASSED AND APPROVED this 7th day of ATTEST J City Secretary ,+s r .1� W o � ro a cc cry 2 HWY NO.� 17 PARK >� zo® X 11 I $I 12� CLYFFSIOE I _ICI i m9 55 L— CLIFTON! jp � *o01� \ Ix i 9 Ik[o f-wi 7 ®p ol xl 0 _ BROADWAY �CLII IfON I iHiS SOUTH S4. o 7' l �coucdA Goo CARL ►aE o INGER I L.B. WHY8'URN 0 i � l k\ 'EARL J. JONES \ 4.48 AC S \ 6 �1J9 a C °� E. 8ALLow SPREE R.L.BALLOW �p Al � 9 AIRPORT ZONING ORDINANCE AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE STEPHENVILLE MUNICIPAL AIRPORT BY CREATING AIR- PORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONES AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN 'PERMS USED HEREIN; REFERRING TO THE STEPHENVILLE MUNICIPAL AIRPORT ZONING MAP WN_ICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by R. C. S. Art. 46e -1 -15. It is hereby found that an airport hazard endangers the lives and property of users of Stephenville Municipal Airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking - off and maneuvering of aircraft, thus tending to destroy or impair the utility of Stephenville Municipal Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establish- ment of an airport hazard is a public nuisance and an injury to the region served by Stephenville Municipal Airport; (2) that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented, and; (3) that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, 'removal, alteration, miti_ation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPTUE.NVILLE as follows: SECTION I: SHORT TITLE This ordinance shall be known and may be cited as "Stephenville Municipal Airport Zoning Ordinance.° SECTION LL: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: (1) AIRPORT - Means Stephenville Municipal Airport. (2) AIRPORT ELEVATION - Means the established elevation of the highest point on the usable landing area. (3) AIRPORT HAZARD - Means any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking -off at the airport. (4) AIRPORT REFERENCE POINT - Means the point established as the approximate geographic center of the airport landing area and so designated. (5) BOARD OF ADJUSTMENT - Means a board consisting of 5 members appointed by the City Council as provided in R. C. S. Art. 46e- 1-15. (6) HEIGHT- For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless other- wise specified. (7) LANDING AREA Means the area of the Airport used for the landing, take -off or taxiing of aircraft. (8) NON - CONFORMING USE - Means any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in the Ordinance or an amendment thereto becomes effective and does not then meet the requirements of said regulation. (9) NON - INSTRUMENT RUNWAY - Means a runway other than an instrument runway. (10) PERSON - Means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. (11) RUNWAY - Means the paved surface of an airport landing strip. (12:) STRUCTURE - Means an object constructed or installed by man, including, but without limitation, buildings, towers, smoke- stacks, and overhead transmission lines. (13) TREE - Means any object of natural growth. SECTION III: ZONES In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying within the Non- instrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone. Such areas and zones are shown on Stephenville Municipal Airport Zoning Map consisting of one sheet, prepared by C. Leyton Willis, and dated March 1960, which is attached to this ordi- nance and made a part hereof. The various zones are hereby established and defined as follows: (1) NON - INSTRUMENT APPROACH ZONE - A non - instrument approach zone is established at each end of all non - instrument runways on Stephenville Municipal Airport for non - instrument landings and take -offs. The non - instrument approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2250 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway - (2) TRANSITION ZONES - Transition zones are hereby established adjacent to each instrument and non - instrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line 125 feet on either side of the center line of the non - instrum.ent runway, for the length of such runway plus 200 feet on each end; and are parallel and level with such runway center lines. The Transition zones along such runways slope upward and outward (1) foot vertically for each (7) feet horizontally to the point where they inter- sect the surface of the horizontal zone. Further, transition zones are established adjacent to non - instrument approach zones for the entire length of the approach zones. These transition hones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of 1 feet vertically for each (7) feet horizontally to the points where they inter- sect the surfaces of the '_Horizontal and conical zones. (3) HORIZONTAL ZONE - A horizontal zone is hereby established as the area within a circle with its center at the Airport Reference Point and having a radius of 5000 feet. The Horizontal zone does not include the non - instrument approach zones and the transition zones. (4) CONICAL ZONE - A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 3,000 feet. The conical zone does not include the instrument approach zones and transition zones. SECTION IV: FIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows: (1) NON- INSTRDMENP APPROACH ZONES - One (1) feet in height for each twenty (20) feet in horizontal distance beginning at a point 200 feet from and at the elevation of the end of the non - instrument runway and extending to a point 10,200 feet from the end of the runway. (2) TRANSITION ZONES - One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the centerline of non - instrument runways extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 1319 feet above mean sea level. In addition to the foregoing, there are established height limits of (1) foot vertical height for each (7) seven feet horizontal distance measured from the edges of all approach zones for.r the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. (3) HORIZONTAL ZONE - One hundred fifty (150) feet above the airport elevation or a height of 1469 feet above mean sea level; and (4) CONICAL ZONE - One (1) feet in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 300 feet above the airport elevation. Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail. Nothing in this Ordinance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 45 feet above the surface of the land. SECTION V: USE RESTRICTIONS Notwithstanding any other provisions of this Ordinance, no use may be made of land within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the Airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, regult in glare in the eyes of flyers using the Airport, impair visibility in the vicinity of the airport or otherwise endanger the land, taking -off, or maneuver- ing of aircraft. SECTION VI: NON - CONFORMING USES (a) Regulations not Retroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or other- wise interfere with the continuance of any non - conforming use. Nothing herein contained shall -require any change in the construction, altera- tion, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted. (b) Marking and lighting. Notwithstanding the preceding provision of this Section, the owner of any non - conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Building Inspector to indicate to the operators of aircraft in the vicinity of the Airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Stephenville. SECTION VII: PERMITS (a) Future Uses - Except as specifically provided in paragraphs 1, 2 and 3 hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or other - wise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. (1) In the area lying within the limits of the Horizontal zone and the Conical Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone. (2) In the areas lying within the limits of the non - instrument approach zones but at a horizontal distance of not less than 40200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such non - instrument approach zone. (3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, because of terrain, land- contour or topographic features would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permiting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this Ordinance except as set forth in Section IV. (b) Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non - conforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation., that it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. (c) Non - conforming Uses Abandoned or Destroyed. Whenever the Building Inspector determines that a non - conforming structure or tree has been abandoned or more than 80 percent torn down, physically deterior- ated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. (d) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnedessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. (e) Haz4rd Marking and Lighting, Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or t4ee in question to permit the City of Stephenville at its own expense, to install, operate, and main tain thereon such markers and lights as may be necessary to indicate to flyers the presende of an airport hazard. SECTION VIII: ENFORCEMENT It shall be the duty of the City Secretary to administer and enforce the regulations prescribed therein. Applications for permits and variances shall be made to the City Sedretary upon a form furnished by him. Appli- cations required by the Ordinance to be submitted to the City Secretary shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the City Secretary. SECTION IX: BOARD OF ADJUSTMENT (a) There is hereby created a Board of Adjustment to have and exer- cise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the City Secretary in the enforcement of this Ordinance; (2) to hear and decide special excep- tions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; (3) to hear and decide. specific variances. (b) The Board of Adjustment shall consist of five members appointed by the City Council and each shall serve for a term of three(3) years and until his successor is duly appointed and qualified. Of the members first appointed one shall be appointed for a term of one (1) year, two for a term of two (2) years and two for terra of three (3) years. Members shall be 'removably by the appointing authority for cause, upon written charges, after a public hearing. (c) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of adjustment shall keep minutes of 'its proceedingsshowing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the City Secretary and shall be a public record. (d) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this Ordinance. (e) The concurring vote of a majority of the members of the Board Bf Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the City Secretary or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. SECTION X: APPEALS (a) Any person aggrieved, or any taxpayer affected, by any decision of the City Secretary made in his administration of this Ordinance, if of the opinion that a decision of the City Secretary is an improper application of these regulations, may appeal to the Board of Adjustment. (bJ All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the City Secretary a notice of appeal specifying the grounds thereof9 The City Secretary shall forthwith tramsmit to the Board of Adjustment.all the papers constituting the record upon which the action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the City Secretary certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by readon of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, pro- ceedings shall not be stayed except by order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown. (d) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (e) The Board of Adjustment may, in conformity with the provi- sions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances. SECTION XI: JUDICIAL REVIEW Any person aggrived, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the District Court of Erath County as provided in Section Article 46E -11 of the Revised Civil stattitas of Texas. SECTION XII: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdeanor and be punishable by a fine of not more than $200.00 and each day a violation continue to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. SECTION XV: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION XVI: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, and emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage by the Stephenville Municipal Airport Zoning Board and publication and posting as required by law. Adopted by the said Board this 2nd day of May, 1963. Passed and approved by the City Council of the City of Stephenville this 7th day of May, 1963. ATTEST: City Secretary J. Louis Evans Mayor I. Rex H. Cates, City Secretary of Stephenville, Texas, do hereby certify that the above and foregoing is a true and correct copy of re- solution of the City Council of the City of Stephenville, Texas as same appears of -record in Volume H. page 130A of the Minute Book of said City Council. WITNESS MY HAND AND THE SEAL OF SAID CITY THIS 29th day of May, 1963. ado Ui Secretary ORDINANCE PROHIBITING THE PARKING OF MOTOR VEHICLES, TRAILERS AND TRAILER HOUSES HAVING A WIDTH IN EXCESS OF SEVEN (7) FEET OR A HEIGHT FROM THE GROUND TO THE HIGHEST POINT THEREOF IN EXCESS OF SEVEN (7) FEET ON ANY PUBLIC STREET IN THE CITY OF STEPHENVILLE EXCEPT WITHIN TWO (2) BLOCKS OF THE PUBLIC,, (7,J)RI: OF T STEPHENVILLE IN ANY DIRECTION BETWEEN THE HOURS OF �7". - Ei.N ;(i4I�.A..'� P VOIDING FOR PENALTIES AND DECLARING AN EMERGES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One It shall be unlawful for any person to park any motor vehicle, trailer or trailer house having a width in excess of seven (7) feet or a height from the ground level in excess of seven (7)`feet on any public street in the City of Stephenville except within two (2) blocks of the Pub- lic Square of the City of Stephenville in any direction between the hours of 6:00 p.m. and 6t00 a.m. Section Two Any person found guilty of violating any provision hereof shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $100000. ee In the event any section, elaiuse, sentence or paragraph or any portion of this ordinance shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or in- validate the remainder of this ordinance. Section Four The fact that conditions exist in the City of Stephenville and there _ is parking of motor vehieles,'trailers and trailer houses on public streets in the City of Stephenville between the hours of 6 :00 p.m. and 6:00 a.m. which create traffic hazards and create situations dangerous to life and property —' gives rise to an emergency and an imperative public necessity that this or- dinance go into effect immediately from and after its passage and publication as provided by law, and any provision of the ordinances of the City of Stephen - ville or of the law providing otherwise are hereby suspended. PASSED AND APPROVED this 191 r `•` 1' ecS' etary" I, '1/12 , Publisher of the Stephenville ere y certify that a true and correct copy of the above and foregoing ordinance was published in said newspaper in the issue of Z 0 day of November, 1963- SWORN TO AND SUBSCRIBED before this jp_ day of�November, 1963. 1110, 9 529 80 K 23 FRANCHISE TO C. C. PEMBERTON FOR SAL AN ORDINANCE GRANTING TO C. C. PEMBERTON A FRANCHISE TO FURNISH GARBAGE COLLECTION AND DISPOSAL SERVICE TO THE RESIDENTS OF THE CITY OF STEPHENVILLE, PERMITTING RIM TO USE THE STREETS, ALLEYS AND PUBLIC {SAYS FOR THE PURPOSE OF FURNISHING AND PERFORMING THIS SERVICE AND PROVIDING FOR RATES AND CHARGES TO BE MADE BY C. C. PEMBERTON TO THOSE USING THIS SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One The City of Stephenville, hereinafter called "City ", hereby grants to C. C. Pemberton a franchise to furnish garbage collection and disposal service to the residents of Stephenviflle, Texas, and to use the public streets$ alleys and thoroughfares within,the corporate limits_of the City of Stephen - vill for the purpose of engaging_in the business of eollecting,garbage, trash and refuse for the period hereinafter set out, subject, however, to the limita- tions and conditions herein specified._ Section Two 'C. C. Pemberton will at his own cost and expense furnish all trucks, machinery, equipment, tools, superintendence, labor, insurance and other things necessary to efficiently and properly render such collection and disposal service. Section Three C. C. Pemberton shall operate such service in a manner so as to pre - vent the scattering of garbage and trash from his trucks,bbth within the corporate limits of the City and arong. the route to the City dump grounds. C. C. Pemberton will dispose.of all such garbage and trash at the designated City Dump Ground and at no other place without prior written approval of the City Council of Stephenville. Section Four C. C. Pemberton will make collections of garbage, trash and refuse as follows: (a) Residential Premises: 2 days per week._ (b) Business and Commercial Premises: _ 6 days per week. Section Five C. C. Pemberton shall carry the types of insurance hereinafter set out and policies reflecting such coverage shall be deposited with the City Secretary at the time of the acceptance of this franchise by C.,C. Pemberton, these types of insurance being as follows: (a) Workmen's Compensation Insurance covering all employees engaged in garbage_ collection and disposal. (b) Automobile insurance: (1) Public Liability, $59000.00 to any one person; $10,000.00 to any one accident. ,(2) Property: damage. $5.000.00._ Should C. C. Pemberton fail to keep such insurance policies paid up and current, such failure shall be grounds for the cancellation of this franchise. These insurance policies shall be subject to the approval of the City. Section Sig: C. C. Pemberton will deposit garbage and trash at the City Dump as directed by the City employee in charge of the Dump Ground and of the levelling and filling of the Dump Ground and C. C. Pemberton shall in all things cooperate with the maintaining of said Dump.Grounda' the covering of garbage and refuse deposited there and shall comply with the necessary regulations made by the City Council or City employees with reference to said City Dump Ground. Section Seven The rates and charges for the service of collecting and-disposing of garbage and refuse to be made by C. C. Pemberton are hereby fixed and determined as follows: (a) $1.50 per month for pickup from residential premises; (b) $2.00 per month for pickup and disposal from burin se s�and_commercial. premises. This is a minimum and may be increased by agreement if amount above average. Above rates are subject to change by action of.the City Council either upon application of C. C.. Pemberton or without such application. City Council will not make any changes in rates without giving notice to C. C. Pemberton and permitting him to appear before the Council and be heard on the matter of any change in rates. Section Eight Service,of garbage collection . and disposal shall be by - agreement between C. C. Pemberton and residents of the_ City o f Stephenville who desire such service. Charges made therefor shall be collected by C. C. Pemberton and any statements rendered for such service shall be by C. C: Pemberton to the person owing for same. Section Nine The,City Council of Stephenville,may , upon_ts own motion and initiative or after the receiving of complaints of_ residents in the City decide that C. C. Pemberton is not rendering the service of collecting and- disposing of garbage and refuse and may after giving `C. C. Pemberton notice , and an opportunity to.be heard at meeting of the City Council of Stephen- villes revoke and cancel this franchise._ The hearing given before such revocation and.caucellatinn shall not be held until notice has been given C. C. Pemberton by registered mail at least ten days before the time set for such hearing. Such notice shall specify the time and place of the hear- ing and shall set out the reasons for the hearing on the matter of revocation and cancellation of this franchise. C. C. Pemberton shall be allowed to be present at suoh meeting and shall be permitted to be represented by counsel if he desires. He shall have full opportunity to disprove any charges set out in the-notice against him. Such hearing shall be conducted by the City Council. If the findings of fact after such hearing show that C. C. Pemberton Is not Conducting such service as herein.required or show that the general health and welfare of the citizens of the City of Stephenville or the best interests of the City will be served by such actionsthen the City Council may revoke and cancel this franchise and there shall be no appeal of any nature from its action. Section Ten The term of this franchise shall begin on the 15th day of December. 1963s and shall extend for a period of ten years thereafTers— subject to tNe- provisions herein set out. Section Eleven This franchise cannot be assigned by C. C. Pemberton without the written consent of the City Council of the'City of Stephenville. PASSED AND APPROVED this 3rd day of ecember %s 1963. yor AT ity ecretaryy The above'and foregoing franchise is accepted by me this 4th day of December 1963• Pemberton) 525 ORDINANCE AMENDING ARTICLE 279 OF THE REVISED ORDINANCES OF THE CITY OF STEPHEN- VILLE, TEXAS, 1958,IN SECTION 5 AND SECTION 9 THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Article 279 of the Revised Ordinances of the City of Stephenville, Texas, 1958, in Section 5 thereof is hereby amended by adding to said Section 5 at the end of said Section as same appears the following: One Hundred twenty (120) minutes for ten Gents (100) (two nickels, one dime or ten pennies). Section Two Article 279 of the Revised Ordinances of the City of Stephenville, Texas, in Section 9 thereof is hereby amended by adding to said Section 9 as same appears in said Revised Ordinances the following: Provided however, that the owner of the vehicle who receives such notice may report to the Office of the Judge of the Corporation Court of the City of Stephenville not later than 6:00 p.m. of the day on which such notice was issued and pay a fine for such violation of twenty -five cents (250); should the owner of the vehicle receiving such notice not report and make such payment by 6:00 p.m. on the date of the issuance of such notice, then he may pay fine for such violation of one dollar ($1.00). If such fine of twenty -five cents (250) within the time specified and such fine of one dollar ($1.00) is not paid and notice is given to the owner of said vehicle by mail, said owner shall have a period of ten (10) days in which to pay a fine of three dollars ($3.00) for such violation. If this fine of three dollars ($3.00) is not paid within this ten -day period after the giving of notice, then the Judge of the Corporation Court of the City of Ste - phenville shall docket said case and same shall become a criminal Corporation Court proceeding subject to fine and costs as set out in Section 24 of this or- dinance. The docketing of such case as a regular Corporation Court criminal proceeding shall be performed by the Judge of the Corporation Court within a period of not to exceed 30 days from the end of said 10 -day period above provided. Section Three Article 279 of the Revised Ordinances,of the City of Stephenville, Texas, 1958, is amended by adding thereto Section 9 A reading as follows: When there has been a violation of parking and parking is overtime as to any vehicle as provided in Section 8 above, any parking of a vehicle overtime beyond a period of one hour after ticket is issued and placed upon said vehicle shall constitute another and separate unlawful overtime parking offense and the police officers of the City of Stephenville are authorized to issue additional and separate notices or tickets for each such additional and separate offense. Section Four This ordinance shall go into effect from and after its passage and publication as provided by law. AT PASSED AND APPROVED this 3rd City Secretary Publisher of the Stephenville do ereby certify that a true and correct copy of tlAe4 and foregoing ordinance was published in said newspaper in the issue of day of Rece er , 1961. �4. SWORN TO AND SUBSCRIBED before me this day of_Deeember 0 1962: f ;G ORDINANCE DECLARING 8 -FOOT ALLEY RUNNING EASTERLY OF LOTS 7 AND 8 AND WESTERLY OF LOTS 5 AND 6 OF BLOCK 96 IN THE CITY OF STEPHENVILLE, AS SHOWN ON KING'S 1956 MAP OF STEPHENVILLE AT PAGE 809, TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING SAME VACATED AND CLOSED AND AUTHORIZING MAYOR TO EXECUTE A QUIT CLAIM DEED TO WESTERLY 4 FEET THEREOF AND A QUIT CLAIM DEED TO EASTERLY 4 FEET THEREOF TO GRANTEES NAILED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That certain alley 8 feet in width running from the North line of Tarletou Street to the South line of an 11 -foot alley on the North and running between Lots 7 and 8 on the West and Lots 5 and 6 on the East out of Block 96 in the City of Stephenville in Erath County, Texas, as shown at page 809 of King's 1956 Map of Stephenville is hereby declared to have been abandoned for alley purposes and same is hereby ordered vacated and closed as an alley. Section Two J. Louis Evans, Mayor of the City of Stephenville, Texas, is hereby authorized and directed to execute to J. C. Terrell, Vance Terrell and Nathan Cedars for the sum of $12.50 paid to the City of Stephenville, a Quit Claim Deed covering the Westerly 4 feet of said alley, which Quit Claim Deed shall convey the right, title and interest of the City of Stephenville to the three grantees named, and which deed shall be attested by the City Secretary of the City of Stephenville and the seal of the City affixed thereto by said secretary. Section Three J. Louis Evans, Mayor of the City of Stephenville, Texas, is hereby authorized and directed to execute to Stephenville Hospital Real Estate Company, a corporation, a Quit Claim Deed covering the Easterly 4 feet of said alley mentioned running between Lots 7 and 8 on the West and Lots 5 and 6 on the East of Block 96 in the City of Stephenville as shown by King's 1956 Map of Stephen - ville at page 809, which Quit Claim Deed shall convey the right, title and interest of the City of Stephenville to said Stephenville Hospital Real Estate Company, a corporation, in and to said Easterly 4 feet of said alley, and which deed shall be attested by the City Secretary of the City of Stephenville and the seal of the City affixed thereto by said secretary. PASSED AND APPROVED this 3rd day of D ember, 1963. yor ATTE ` ` City Secretary ORDINANCE DECLARING A PORTION OF NORTH COLUMBIA AVENUE, A PORTION OF WEST MASON STREET AND A PORTION OF AN ALLEY THAT RUNS FROM NORTH TO SOUTH THROUGH BLOCK 6 OF THE CITY OF STEPHENVILLE AS SHOWN AT PAGE 810 OF KING'S 1956 MAP OF STEPHEN - VILLE TO HAVE BEEN ABANDONED FOR STREET AND ALLEY PURPOSES, ORDERING SAME VACATED AND CLOSE AND AUTHORIZING MAYOR TO EXECUTE A QUIT CLAIM DEED TO B. M. STONE OF THE LAND SO VACATED AND CLOSED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That certain land in the City of Stephenville described as follows: All that certain tract or parcel of land, being a part of N. Columbia Avenue, a part of W. Mason Street, and a part of an alley in Block 6 of the City of Stephenville, a part of the John Blair Survey, Abst. 329 in Erath County, Texas, described by metes and bounds as follows: BEGINNING in the East line of N. Columbia Avenue, at a point 110.2 ft. N. 30 deg. W. from the S.W. Corner of Block 6 of said City according to King's 1956 Map of said City as adopted by ordinance of record in Vol. 381, page 105, in the Deed Records of Erath County, Texas, for the N.W. Corner of Lot G, and the S.W. Corner of Lot D in said Block 6, and beginning corner of this; THENCE N. 30 deg. W. 97.8 ft. to the N.W. Corner of said Block 6, at a point 1.5 ft. N. 60 E. and 0.8 ft. S. 30 E. from the N.W. Corner of the Hall Hotel Building, for an internal corner of this; THENCE N. 60 deg. E. 66 -113 ft. with the original South line of Mason Street to the N.W. Corner of an alley at a point 2 ft. S. 60 W. and 0.8 ft. S. 30 E. from the N.E. Corner of the Hall Hotel Building; THENCE S. 30 deg. E. 97.8 ft. to the N.E. Corner of Lot F as shown by said 1956 Map; THENCE S. 30 deg. E. 0.2 ft. to the South side of a wall; THENCE N. 60 deg. E. 2.0 ft.; THENCE N. 30 W. running with the East face of building wall, at 98 ft. the original South line of Mason Street, in all 98.8 ft. to the N.E. corner of this; THENCE S. 60 W. running with the North face of the Hall Hotel Building 70.3 ft. to the N.W. Corner of the Hall Hotel Building; THENCE S. 30 E. 97.8 ft. to the S.W. Corner of this; THENCE N. 60 E. 1.5 ft. to the place of beginning; is hereby declared to have been abandoned for street and alley purposes and said land is hereby declared vacated and closed for street and alley purposes. Section Two J. Louis Evans, Mayor of the City of Stephenville, Texas, is hereby authorized and directed to execute to B. M. Stone for the sum of $25.00 paid to the City of Stephenville, a Quit Claim Deed covering the land described in Section One above, which Quit Claim Deed shall convey the right, title and interest of the City of Stephenville to B. Al. Stone, and which deed shall be attested by the City Secretary and the seal of the City affixed thereto by said secretary. PASSED AND APPROVED this 3rd ATT �ty ecretary •,, l 3. 535 1�1 Councilman Stem asked if the land at the City Airp t, which wasSdold to the Industrial Foundation, would be sold back to the City !the proposed milk plant did not build. A portion of the City Minutes was read wherein agreement was made that should the milk plant, or a suitable industry, not build on the land it would be sold back to the City. Councilman Swain reported the fogging machine was running and should soon have the mosquitoes under control. It was pointed out that the cost was approximately -0150.00 to run the fogging machine for ten hours. Councilman Darby stated he would like for the Street Department to start paving in the new additions. He feels that in the City doing this work the streets will be of better quality and last much longer. Also discussed was the need for sidewalks on Frey Street east of Chamberlin School. This was referred to Mr. Collins and Mr. Gann for an estimate of the cost of such project. It was moved by Councilman Darby, seconded by Councilman Orbison, for the Street Department to start paving in the new additions. Motion carried. Councilmen Huey, Reynolds and Anderson had nothing to report. It was moved by Councilman Anderson, seconded by Councilman Reynolds, to acdept the recommendations of the City Zoning Commission and Adjustment Board for re- zoning Jpts JL9A and 19B, Block 13, Sims Addition, and the proper notice be run in the local paper. Motion carried. . City Attorney Chandler read in full the ordinance declaring Charlotte Street closed and authorizing the Mayor to sign a Quit -Claim Deed to same. The City Attorney advised the Council there should be some understanding with S. J. Cook should a law- suit develop over the closing of Charlotte Street. By request Mr. S. J. Cook appeared before the Council and was asked to furnish the City with a letter stating he, Mr. Cook, would pay any and all expense should the City get into a lawsuit to stop the closing of Charlotte Street. Mr. Cook agreed to sign such letter as soon as the City Attorney can prepare same. It was moved by Councilman Huey, seconded by Councilman Orbison, that Mr. Cook pay to the City $500.00 for the strip of land, 10 feet, extending from West Taniton Street north to West Frey Street. Motion carried. It was moved by Councilman Huey, seconded by Councilman Stem, to adopt an or- dinance finding and declaring North Charlotte Avenue, as same is shown on Map of L. H. Groesbeck Subdivision, recorded in Volume 348, page 144, in Deed Records of Erath County, Texas, from its intersection on the south with the North line of Tar -, leton Street, and being toe entire North Charlotte Avenue, has been abandoned for street purposes, ordering same vacated and closed and authorizing the Mayor to exe- cute a Quit -Claim Deed to S. J. Cook on the terms stated, except as to intersection with Phelps Street, conveying the land so vacated. After a roll call vote the follow - ing results: For passing the above ordinance, Councilmen Geeslin, Orbison, Swain, Huey and Stem. Against were Councilmen Reynolds, Darby and Anderson. Result 5 for and 3 against. Motion carried. It was moved by Councilman Anderson, seconded by Councilman Geeslin, to advertise for bids to furnish the City with gasoline, diesel and kerosene for a period of one year. Motion carried. It was moved by Councilman Geeslin, seconded by Councilman Huey, to transfer the necessary funds. Motion carried. There being no other business, the Council stood adjourned in an adjourned reg- ular meeting, subject to the Mayor's call. AT T: Mayoi . i y ecretary.