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HomeMy WebLinkAbout1987-05-05 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, MAY 5, 1987 - 7:00 P.M. ITEM I• CALL TO ORDER. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: Larry Hammett Members: Bob Self Wn. G. "Bill" Brede Allen Horne Maxine Dameron James L. "Jim" McSwain Ray Reynolds Larry Tatum and with the following members absent: None Others attending were: Kurt Ackermann, City Administrator Joyce Pemberton, Joseph Chandler, Charlene Young, Danny Johnson, Douglas Conner, Jimmy Mooney, Betty Chew, and others City Secretary City Attorney Director of Finance Director of Public Works Chief of Police Fire Chief Planning & Inspections Coord. ITEM II: CITIZEN REQUESTS AND OTHER CCNMUNICATIONS. A. Communications & Personal Appearances by Citizens. Hear report fran Ms. Sherri Coats regarding reckless driving in a residential neighborhood. Ms. Sherri Coats addressed the Council stating she and her neigh- bors had submitted a petition against the reckless driving of Brad Hayes, Ronnie E. Ketchum, and Jamie Perales in their neighborhood. Ms. Coats said the driving is a safety hazard to the children and elderly persons in the neighborhood. She said she had talked to Brad Hayes and he has slowed down and is not a problem at this time. Jamie Perales had a complaint filed against him and is now riding a bicycle. Ronnie Ketchum is about the only one left to be a problem. Ms. Coats asked the Council to do whatever it can to alleviate the reckless driving problem Mayor Larry Hammett advised Ms. Coats that the .Police Department has that area on close patrol. Of course when a patrolman goes up there, the drivers slow down. Any citizen who sees then driving recklessly could file a complaint. He acknowledged receipt of the petition and assured Ms. Coats that the Police Department would do all they could to alleviate the problem. B. Matters by Councilmenbers: 1. Presentation of Appreciation Award to David Clayton and Pinkie Swindle. Mayor Larry Hammett presented Appreciation Awards to former Mayor David Clayton for his service to the City as a coun- cilmember and mayor. Pinkie Swindle was not present to receive his award. - 400 - 2. Elect Mayor Pro Ten: Mayor Larry Hammett opened the floor for nominations for Mayor Pro Tan. Councilmember Maxine Dameron nominated Allen Horne. Council- member Ray Reynolds seconded the nomination. There being no other nominations, Councilmember Jim McSwain moved nominations cease and Allen Horne be elected Mayor Pro Ten by acclamation. Councilmember Larry Tatum seconded the motion. The motion carried by the following vote: AYES: All members present .voted aye.. NOES: None 3. Order Calling Special Election: Mayor Larry Hammett called a Special Election to be held on the 8th day of August, 1987 for the purpose of electing one (1) councilmenber for the unexpired term of Place 2. 4. Report from Public Health & Safety Committee regarding amend- ment to the Garage Sales Ordinance, a new Solicitiors /Peddlers Ordinance, and set date for public hearing on a Food Inspection Ordinance. Councilmember Larry Tatum, chairman, reporting for the Public Health & Safety Comittee, presented the following recommen- dations for Council consideration: a. Approval of an ordinance amending the present ordinance, REGOALTIONS FOR SALE OF MERCHANDISE IN RESIDENTIAL DISTRICTS, (Garage Sales), Chapter 11, Sections 11 -11, (b), (c), D, E, F and G, as follows: 1. Deletes the provision that the sale "are not to be held within six (6) months of each other". 2. Adds the provision for a ten dollar ($10.00) permit fee if the permit is not purchased prior to the sale. 3. Adds the provision that signs inviting the public to cane to a location for the purpose of purchasing goods, wares and merchandise shall not be placed on any property other than that owned by the permittee. Said signs shall be removed immediately following the third day of sale. 4. Adds the provision that the permit shall be displayed so as to be visible from the street. 5. Adds the provision that it shall be the duty of any police officer of the City of Stephenville to enforce the provisions of this ordinance against any person found to be violating the same. 6. Moves present Section D and making it Section G which provides a penalty for violation of this ordinance. b. The present current solicitors ordinance be repealed and replaced with a new and different SOLICITORS /PEDDLERS ORDINANCE. c. The Mayor set a date. separate and apart from a regular council meeting, for a public hearing to consider the FOOD INSPECTION ORDINANCE. Said hearing would give the food establishment owners /operators a chance to voice their opinions. Councilmember Bill Brede moved acceptance of the Public Health & Safety Committee's recommendations. Councilmember Allen Horne seconded the motion. The motion carried by the following voter - 401 - AYES: All members present voted aye. NOES: None Mayor Larry Hammett set Tuesday, May 19, 1987 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to consider the Food Inspection Ordinance. 5. Report fran the Traffic Safety Committee regarding No Parking signs in the 300 block of North 011ie St.; to leave the speed limit on Harbin Drive at 30 mph.; the traffic controls at Graham and Mason Sts. Councilmember Ray Reynolds, chairman, reporting for the Traffic Safety Committee, presented the following recommendations for the Council's consideration: a. That "No Parking 7:00 A.M. to 3:00 P.M. Monday thru Friday" signs be installed on the east side of the 300 block of N. 011ie Street. b. That the speed limit on Harbin Drive remain at 30 mph. c. That the City ask the State Department of Highways and Public Transportation to remove the traffic signals at the intersection of Graham and Mason Streets. The 2 -way Stop Signs on Mason Street will remain in place. Also the City will remove the traffic signals at the intersec- tions of Belknap and Tarleton Streets and Belknap and Mason Streets. Councilmember Bill Brede moved acceptance of the Traffic Safety Committee's recommendations. Councilmember Maxine Dameron seconded motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 6. Report from the Planning & Development Camnittee regarding the Drainage Ordinance and the Harbin Drive property development. Councilmember Ray Reynolds, chairman, reporting for the Planning & Development Camnittee, presented the following recommendations for the Council's consideration: a. That the Mayor set a date for a public hearing to consider the DRAINAGE ORDINANCE so that the Council can hear input from those persons most affected by the ordinance.. b. That Mr. Alden Nellis be advised that the City is undecided as to what they are going to do with the 17' strip of land on the southeast corner of Washington and Harbin Drive, therefore they are not willing to relinquish control of property at this time. Councilmember Larry Tatum moved acceptance of the Planning & Development Committee's recommendations. Councilmember Ray Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Larry Hammett set Tuesday, May 19, 1987 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap Street, as the date, time, and place for a public hearing to consider the Drainage Ordinance. 7. Report from the Franchise Utilities Committee regarding the taxicab rates and amending the Taxicab Ordinance to include an "appeal clause ". - 402 - Councilmember Larry Tatum, chairman, reporting for the Franchise Utilities Committee, presented the following recamnendations for the Council's consideration: a. TAXICAB RATES: That Chapter 18, Article II, Section 18 -33, be amended to include the word "maximum ". That Section 18 -33 shall read: "The "maximum" rates to be charged by all taxicab operators in the city which prices are hereby declared to be fair and reasonable for such services shall be as follows:" That an "appeal clause" be added stating: "that should the owner /operator of any taxicab have his/her permit cancelled, revoked, or suspended by the Chief of Police said owner /operator shall file a written appeal within 48 hours, excluding weekends or holidays, with the City Secretary. The City Council shall hear the appeal within 10 days after receipt of the written appeal." Councilmember Bob Self questioned the need for meters if the word "maximum" was to be included for the rates. Councilmember Larry Tatum advised the meter was to let the passengers know what the price would be on a per mile basis. The "maximum" rate would be what is listed in the ordinance, but if they wanted to charge less they could set their meters accordingly. Councilmember Bob Self commented that it seamed they were creating an expense for the owner /operators without justification. Mr. Phil Nichols, an attorney representing Dee Blackerby owner /operator of Big "D" Taxicab Co., addressed the Council that Mr. Blackerby had no objections to stan- dards of quality of service, but the meters represented a capital investment of $500.00 to $1,000.00. Said cost of meters would cause higher rates and he questioned whether or not Stephenville is large enough to start putting meters in its taxicabs. There a lot of senior citizens, students, and those who purchase discount cards that can- not afford higher rates. He suggested letting cam - petition take care of the rates. After a very lengthy discussion, Councilmember Bill Brede moved that this item be referred back to Committee for further study. Councilmember Bob Self moved to amend Mr. Brede's motion that this item be referred to the Council in a workshop. Councilmember Allen Horne seconded the motion.. Mr. Sammy Lawry, driver for Big "D" Taxi Co., addressed the Council stating that he did not believe the meters would work in Stephenville because you would need 8 to 10 cabs so you can pick up each passenger separately. You cannot meter additional passengers. In Stephenville the drivers, with the consent of the first passenger, will pick up additional passengers enroute to the first passenger's destination. The rates are presently $2.00 across the board. The passengers know the rates now and how much it will cost to go where they want to go. If you install meters they will not know what the charge will be. The "share -a- ride" theory is what has kept the rates down. After more discussion, Councilmember Bill Brede withdrew his motion and Councilmember Allen Horne withdrew his second. Councilmember Bob Self moved that the Taxicab Ordinance be amended by adding the "appeal clause "; that Section 18 -33 be deleted in its entirety; delete Section 18 -42 in - 403 - its entirety. Councilmember Allen Horne seconded the motion. Councilman Larry Tabun questioned leaving Section 18 -34 relating to the rates effective until January 1, 1987. Councilmember Bob Self amended the above motion to include deleting Section 18 -34 also. Councilmember Allen Horne seconded the motion. The motion carried by the following vote: AYES: Councilmembers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Ray Reynolds, Larry Tatum, and Mayor Larry Hamnett. NOES: None ABSTAINED: Councilmember Jim McSwain. 8. A status report fran the Capital Projects Committee. Councilmember Bob Self, chairman, reported that the Committee met with Mr. Tammie Huckabee, Architect and Planner, who indicated that his firm would be happy to the preliminary studies for any or all projects. The Canmmittee agreed that Kurt and Joyce would contact the Department Heads and others concerned to get their list of needs as soon as possible so that the reports could be given to Mr. Huckabee. Mr. Huckabee is to notify Kurt when he has sane preliminary ideas to discuss with the Camanittee. 9. Report fran the Sign Regulations Cammittee regarding the Sign Regulations. Councilmember Larry Tatum, chairman, reported the the Sign Regulations Camammittee recammends the Planning & Zoning Cammission and Board of Adjustment hold a public hearing to amend the Sign Regulations of the Zoning Ordinance as discussed during the Committee meeting. ITEM III: CONSENT AGENDA: All items listed below are considered routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmenber or citizen so requests, in which event the item will be removed fran the Consent Agenda and considered in its normal sequence. A. Approval of Minutes: April 7, 1987 - April 13, 1987 - April 20, 1987. B. Reports fran Planning & Zoning Canmission: I. Approval of Preliminary Plat of Equestrian Estates Subdivision, being 39.86 acres of the Henry Pearson Survey, Abst. 613, Erath County, Texas. 2. Approval of Final Plat of North Wedgewood Subdivision, being 23.503 acres of Block 146, City Addition, and Block 3, Kingland Addition. (REMOVED FROM CONSENT AGENDA FOR DISCUSSION.) 3. Approval of Final Plat of Oak Tree Subdivision Phase III, being 12.52 acres of the Jarrett. Menefee Survey, Abst. 520, Erath County, Texas. 4. Set Tuesday, June 2, 1987 at 7:00 P.M. in City Council Chambers at City Hall as the date, time, and place for a public hearing to consider amending the City Zoning Ordinance by adding Section XII.2, Sexually Oriented Businesses, and providing regulations for same. 5. Adoption of an interim thoroughfare plan, using the schematic of the 1969 Canphrehensive Plan, for the city's extraterritorial jurisdiction areas. C. Bid Considerations: Bid #2384 - Street Department - 404 - Street Chip Sealing (labor & equignent only) 1. Granbury Paving, Granbury, TX ..............$.29.5 sq.yd. 2. Northeastern Pavers, Granbury, 11X..........$.29 sq.yd. 3. David Campbell, Inc., Granbury TX .......... $.56 sq.yd. 4. Waco Paving, Inc., Waco, TX ................$.40 sq.yd. Director of Public Works Danny Johnson recommended taking the low bid of $.29 /sq.yd. fran Northeastern Pavers. D. Ordinances & Resolutions: 1. AN ORDINANCE AMENDING SECTION 11.11 OF THE ODDE OF ORDINANCES OF THE CITY OF STEPHENVILLE, TEXAS, BY AMENDING SECTIONS B, RELATING TO NUMBER OF SALES PER YEAR AND SECTION C, RELATING TO PERMIT FEES; BY ADDING THERETO NEW SECTIONS D, E, AND F, RELATING TO REGULATIONS FOR SALE OF MERCHANDISE IN RESIDENTIAL DISTRICTS; PROVIDING FOR PLACEMENT OF SIGNS, DISPLAY OF PERMIT AND DIRECTING POLICE OFFICERS OF THE CITY OF STEPHENVILLE TO ENFORCE THE ORDINANCE AND MOVING PRESENT SECTION D AND MAKING IT SECTION G; AND PROVIDING PENALTY FOR VIOLATION. 2. AN ORDINANCE REPEALING CHAPTER 11, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE AND ENACTING A NEW AND DIFFERENT PEDDLERS AND SOLICITORS ORDINANCE; DEFINING "PEDDLER/ SOLICITOR "; REQUIRING THE PERMIT TO BE CARRIED AND DISPLAYED; PROVIDING FOR EXPIRATION AND REVOCATION OF THE PEa2MIT; PROVIDING FOR A FINE IN THE AMOUNT OF TWO - HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3. AN ORDINANCE REPEALING SECTION 503 OF THE ELECTRICAL ORDINANCE OF THE CITY OF STEPHENVILLE AND PROVIDING A NEW SECTION 503 IN LIEU THEREOF. 4. A RESOLUTION: "Larry Hammett, Mayor of the City of Stephenville, is hereby authorized to execute to MISTLETOE HUT, INC., a lease agreement on that certain 3.573 acres of land described in deed to City of Stephenville dated March 7, 1985 with the stipulation in said lease that it shall begin on the date thereof and con- tinue until the City of Stephenville and Mistletoe Hut, Inc. shall agree to terminate such lease, with Mistletoe Hut, Inc. to have the full responsibility to maintain said property and all buildings and structures which may be located thereon and to maintain casualty insurance on the improvements on said property and to be fully responsible for all acts taken on said property throughout the term of this lease. Mayor Larry Hammett advised a request has been received that Consent Agenda Item B(2) be removed from the Consent Agenda for discussion. Councilmenber Allen Horne moved approval of Consent Agenda Items A thru D as presented with the exception of B(2). Councilmember Larry Tatum seconded the motion. The motion carried by the following roll -call vote: AYES: Councilmembers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Jim McSwain, Ray Reynolds, Larry Tatum, and Mayor Larry Hammett. NOES: None ITEM III: CONSENT AGENDA B(2): Discussion of the final plat of North Wedgewood Subdivision, being 23.503 acres of Block 146, City Addition, and Block 3, Kingland Addition. Mrs. Maxine Wallace addressed the Council stating it was her under- standing that once the North Wedgewood Subdivision was developed that the water drainage from the Kingland Addition will also be channeled into the underground drainage system. This will all drain onto Mrs. Ray's place. She has about 800 to 1,000 foot of land between that border and the Bosque River. They are asking Mr. Currier to put a cement underground water carriage pipe in so that it will not wash - 405 - Mrs. Ray' place away. It is also her understanding that eventually the City will became responsible for it since it is within the city limits. They just want Mr. Currier to fix it right the first time so that her land will not wash away. Mr. Kenneth Currier addressed the Council stating that he does not have the full study on the water drainage system yet, therefore he is not ready to address drainage system yet. He said what he wanted at this time was to ask the Council to adopt a resolution to obtain him a sewer line right -of -way on the Ray Property. Due to the owner's demands he will not be able to obtain the right -of -way. He said he was asking the Council to adopt a resolution to do a condemnation or whatever has to be done to obtain the sewer line right -of -way on the Ray Property. City Attorney Joseph Chandler advised the Council that the City can condemn only for a public purpose. He did not think the City could commit itself to take any action until more has happened than being a public purpose there. The City cannot proceed with any con- demnation proceedings until it can be definitely established it is necessary for public purpose not just for developing purpose. Mr. Currier said this was done when he developed the McAlister Second Addition on the Sharp Property. Mr. Chandler advised that the Council would be entirely premature to take any action at this time. Director of Public Works Danny Johnson cannented that he has not received any information from the engineer outside the subdivision on the drainage system, therefore he could not make a judgment on that at this time. The final plat could be approved although the P & Z Commission stipulated that the easements be obtained. The easements are separate from the plat as they are off -site of the subdivision. The sewer line easements are on the Ray Property which involves getting the line to the subdivision. Councilmenber Bob Self moved approval of the final plat of the North Wedgewood Subdivision, being 23.503 acres of Block 146, City Addition, and Block 3, Kingland Addition, subject to the sanitary sewer and storm water drainage easements being secured by the developer as recommended by the P & Z Commission. Councilmenber Maxine Dameron seconded the motion. The motion carried by the following vote: AYES: Councilmenbers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Jim McSwain, Ray Reynolds, and Mayor Larry Hammett. NOES: None ABSTAINED: Councilmember Larry Tatum ITEM IV: PUBLIC HEARINGS: NONE ITEM V: CITY AI%4INISTRATOR'S REPORT: A. Approval of Police Department Policy Manual. Chief of Police Doug Conner addressed the Council stating that the corrections, deletions, additions, clarifications, etc. of the Police Department's Policy Manual that were discussed in the April 13th council meeting have been made and, he believes, it is now ready for approval. Councilmanber Allen Horne moved approval of the Police Department's Policy Manual. Councilmember Larry Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Hear report from Director of Public Works Danny Johnson regarding Flood Damage Prevention Ordinance. - 406 - Director of Public Works Danny Johnson addressed the Council stating The Federal Emergency Management Agency has recently adopted changes to the National Flood Insurance Program. Cities participating in the NFIP are required to incorporate the changes in their current Flood Damage Prevention Ordinance. They suggested some more stringent regulations be adopted to provide a greater level of protection against flooding. One of those changes will be to require that the lowest floor elevation of both residential and non - residential struc- tures be at least one (1) foot or more above the base flood elevation. Mr. Chandler has reviewed the suggested ordinance and has included a section on Stop Work Order and a penalty statement as suggested by the Office of Federal Emergency Management. Councilmenber Allen Horne moved to adopt the new Flood Damage Prevention Ordinance as presented. Councilmenber Bill Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None (Copy of ordinance attached). ITEM VI: EXECUTIVE SESSION: Mayor Larry Hammett recessed the open meeting and called the City Council into executive session as provided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252 -17, Sections 2(e)(g) regarding contemplated litigation and personnel. Mayor Larry Hammett reconvened the Council into open session and the following action was taken on items discussed. A. Hear report regarding negotiations for sewer line easements with J. N. Locklin. Councilmenber Jim McSwain moved approval of AN ORDINANCE AUTHORIZING JOSEPH A. CHANDLER, CITY ATTORNEY, TO FILE PROCEEDINGS TO CONDEMN AND ACQUIRE ON BEHALF OF THE CITY OF STEPHENVILLE AN EASEMENT FOR CONSTRUCTION OF A SANITARY S&gER LINE ON AND ACROSS 11.51 ACRES OF LAND OUT OF THE H. C. HUDSON SURVEY IN ERATH COUNTY, TEXAS, AGAINST JERRY N. LOCKLIN AND WIFE, CRISSIE YVONNE LOCKLIN, THE OWNERS OF SAID LAND AND TARRANT SAVINGS ASSOCIATION, WHO HOLDS A LIEN AGAINST SAID LAND, AND TO PROSECUTE SAID CONDEMNATION PROCEEDINGS IN THE MANNER PRESCRIBED BY LAW. Councilmenber Bill Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Hear report from Lt. Ken Maltby regarding personnel. No action taken. ITEM VII: ADJOURbMU: There being no other business to cone before the Council at this time, Mayor Hammett adjourned the meeting at 9:00 p.m. ATTEST: Larry HVnett, Mayor y retary - 407 - ORDINANCE NO. 1987 -9 AN ORDINANCE REPEALING CHAPTER 11, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE AND ENACTING A NEW AND DIFFERENT PEDDLERS AND SOLICITORS ORDINANCE: DEFINING A "PEDDLER /SOLICITOR "; REQUIRING A PERMIT, APPLICATION, COMPLIANCE WITH LAWS AND A BOND OF ALL PEDDLERS /SOLICITORS; PROVIDING FOR A FEE FOR A PERMIT; REQUIRING THE PERMIT TO BE CARRIED OR DISPLAYED; PROVIDING FOR EXPIRATION AND REVOCATION OF THE PERMIT; PROVIDING FOR A FINE IN THE AMOUNT OF TWO- HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. , many itinerant merchants have been caning into the city; and WHEREAS, the City has no assurance that these merchants are reporting the sales made in Stephenville to the State Comptroller; and WHEREAS, the City is losing sales tax revenue because of this practice; and WHEREAS, the citizens of Stephenville need to be protected from itinerant merchants because the citizens have no recourse if they are cheated because such merchants move away quickly; and WHEREAS, the City owes a duty to its citizens to protect than from un- desireable itinerant merchants and to insure that such merchants have canplied with all applicable laws; and WHEREAS, the City Council finds and determines that itinerant merchants should be regulated in order to protect the health, safety and welfare of the citizens of Stephenville, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Article II of Chaper 11 of the Code of Ordinances of the City of Stephenville is hereby repealed. CHAPTER 11 - ARTICLE II - PEDDLERS AND SOLICITORS SECTION ONE DEFINITIONS.: The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co- partnership, or society, or any other organization. The term "peddler" and the term "solicitor ", as used in this article, shall include all peddlers, solicitors, canvassers, itinerant merchants, transient vendors and other persons who either go fran place to place in the city or call places in the city by telephone or other means of can - munication soliciting, selling or taking orders for or offering to sell or trade or take orders for any goods, wares, merchandise, services, coupons or tickets for goods or services, meats, fish, vegetables, fruits, farm products or provisions, photographs, newspaper or magazines or subscriptions thereto or who, without traveling from place to place, sell the same or offer the same for sale or trade or take orders for the same from a wagon, motor vehicle, trailer, or other type of conveyance or from any vacant lot, tract or parcel of land or parking lot or area or from any temporary building or structure. No person firm, or cor- poration unless exempted hereunder shall conduct mobile or roadside vending operations upon property owned or controlled by any public or governmental agency or on property dedicated for public purposes including streets, ways, roads, highways, or parkways adjacent thereto whether improved or unimproved, or upon property used or reserved for use as railroad right - of-way and easements of any public utility. A non - profit or charitable organization or any person participating in an exhibition or event sponsored by a non - profit or charitable organization shall be exempt from the application of this section, provided prior approval is obtained from the proper officials of the City not less than 72 hours prior to event. This term shall not include residents of the City of Stephenville who sell their own property or offer their services at their residence, per- sons who sell items at established places of business in the City, at established markets or at charitable functions, professional salesman or jobbers wholesaling wares to businessmen on a regularly established route, persons offering for sale agricultural products, meats, poultry or other articles of food grown or produced by such persons, or estate sales. SECTION TWO It shall be unlawful for any person to engage in business as a "peddler" or "solicitor" in the City without first obtaining a permit to do so from the City Secretary. SECTION THREE APPLICATION:. Any person desiring a permit required by this article shall file an application therefor with the City Secretary including the following information: a. Full name and description of applicant; b. Applicant's address (legal and local); 1. The name and address of the Employer; 2. If a vehicle is to be used, a description of same, together with license number and any other means of identification. c. The type of products, merchandise or service to be sold, disposed of or peddled and brief description of the same; d. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; e. A statement that all the information supplied in the application by the applicant is the truth; f. Statement that the applicant will accurately report all Stephenville sales to the appropriate state agency. Statement of gross sales to be reported back to the City Secretary. Failure to do so may result in denial of future permits. g. Proof that the applicant has received a Texas limited sales and use tax permit; h. In the case of peddlers where any type or form of food is to be peddled or sold, the applicant shall file with his application a statement by a licensed physician of the City of Stephenville, dated not more than ten (10) days prior to submission of the appli- cation, certifying the applicant to be free of contagious, infec- tious, or communicable disease. SECTION FOUR EXCEPTIONS;: This Chapter shall not be held applicable to the following persons upon satisfactory proof to the City Secretary that they actually belong to the following classes: A. Sales by persons having an established place of business in town. B. Sales by farmers and gardeners of the produce of their farms and gardens; sale, distribution and delivery of milk, teas, coffee, spi- ces, groceries, meats and bakery goods; newspapers, sales on appro- val, conditional sales of merchandise and any other person or sales which may be exempt by laws of the State of Texas; C. Sales of goods or merchandise donated by the owners thereof, the proceeds thereof to be applied to any local charitable, religious, or school organizations. D. Sales of merchandise to dealers and business establishments for resale; �� ®ai®z•)ai:eOJ+Mrrhw mig SECTION FIVE Each application for a permit under this article shall be accanpanied by a bond in the penal sum of One Thousand ($1,000.00) dollars signed by the applicant, and signed, as surety, by some surety oanpany authorized to do business in the state. The bond shall be conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or a, toners of any and all defects in material or work- manship that may exist in the article sold by the principal at the time of delivery, and that may be discovered by the purchaser or customer within thirty (30) days after delivery. Such bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on the bond or to an agent or employee of the principal.. SECTION SIX The fee for a permit under this article shall be based upon the length of time for which the permit is issued as follows: 1. 1 day thru 7 days $ 20.00 2. 30 days thru 90 days $100.00 SECTION SEVEN After an applicant for a permit under this article has complied with all the provisions and requirements of this article, the City Secretary, or his/her designated agent, shall issue to him a permit certifying that the applicant has complied with this article, upon the payment of the fee prescribed by Section Six. No such permit shall be issued until the applicant therefor has canplied with all provisions and requirements of this article. SECTION EIGHT PERMIT TO BE CARRIED ON PERSON AND DISPLAYED: It shall be unlawful for any peddler /solicitior to engage in any activity for whic a license is required by this article unless he is displaying such license on his person or it is displayed at the place of sale. SECTION NINE I:• I °r. tl :•. 1 5.. It shall be unlawful for any peddler /solicitor to wham a permit is issued to peddle or sell, or to solicit and /or take orders for goods, wares, merchandise, or services of any kind, subscriptions to magazines or newspapers, photographs to be taken in the future, or any article for future delivery, to go Fran house to house and fran place to place or on the court house square, public market, or any street or sidewalk or alley in the City before eight o'clock (8:00) A.M., or after seven o'clock (7:00) P.M. Such person shall not go to the back doors of any house or dwelling in the City. SECTION TEN USE OF VESICLE BY SOLICITIOR/ PEDDLER SUBJWr TO REGULATION:' A peddler /solicitor using a vehicle shall have no exclusive right to any location on public streets or public property, shall not be per- mitted to operate in any congested area or any area where his operation might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested, or the public impeded or inconvenienced. SECTION ELEVEN E%PIRATION: A permit issued under this article shall automatically expire and be void at the end of the period for which issued and it shall thereafter be unlawful for the holder of such permit to engage in any activity men- tioned in Section One without obtaining a new permit. SECTION TWMVE •� iyai• s� a •�•,� 1. Permits issued under the provisions of this ordinance may be revoked by the Chief of Police of the City of Stephenville after notice and hearing, for any of the following causes: a. Fraud, misrepresentation or false statement contained in the application for permit; b. Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler; c. Any violation of this ordinance; d. Conviction of any crime or misdemeanor involving moral turpitude; e. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public; f. Any violation of laws governing the peddler's business or the sale of products by such business or any violation of any con- sumer protection laws. 2. Notice of hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his address given in the applica- tion for permit at least five (5) days prior to the date set for hearing. SECTION THIRTEEN DUTY OF 'POLICE TO .ENFORCE: PENALTY: It shall be the duty of any police officer of the City of Stephenville to enforce the provisions of this Ordinance against any person found to be violating the same. The Chief of Police shall report to the City Secretary all convictions for violation of this Ordinance and the City Secretary shall maintain a record for each license issued and record the reports of violation therein. SECTION FOURTEEN Any person or business entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction shall be punished by a fine not to exceed two-hundred dollars ($200.00) for each offense and each day shall be a separate and complete offense. SECTION FIFTEEN bZVL'TtFiLVI:M, l:Ldi4AL''•'::: If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, or the Ordinance as an entirety, it being the legisla- tive intent that this Ordinance shall stand nothwithstanding the invali- dity of such section, sentence, clause or phrase. SECTION SIXTEEN REPEAL, OF CONFLICTING ORDINANCES. i All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. EFFECTIVE: DATE ATTEST: SECTION SEVENTEEN This ordinance shall have effect and be in full force froin and after its passage and publication as provided by law. PASSED AND APPROVED this day of 1987. Larry ett, Mayor ORDINANCE NO. 1987 -10 AN ORDINANCE AMENDING SECTION 11.11 OF THE CODE OF OF THE CITY OF STEPHENVILLE, TEXAS, BY AMENDING RELATING TO NWEER OF SALES PER YEAR AND SECTION TO PERMIT FEES; BY ADDING THERETO NEW SECTIONS D, RELATING TO REGULATIONS FOR SALE OF MERCHANDISE IN DISTRICTS; PROVIDING FOR PLACEMENTS OF SIGNS, DISPLAY AND DIRECTING POLICE OFFICERS OF THE CITY OF STEM ENFORCE THE ORDINANCE AND MOVING PRESENT SECTION D IT SECTION G AND PROVIDING PENALTY FOR VIOLATION. ORDINANCES SECTIONS B C RELATING E, AND F RESIDENTIAL OF PERMIT MNVILLE TO AND MAKING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS. SECTION ONE Section 11.11 of the Code of Ordinances of the City of Stephenville, Texas, is hereby amended as follows: B. "Continuous sales" are defined to be sales conducted by the owner or occupant of property in the apartment or residential districts in the City of Stephenville, Texas, where the public is invited by signs, advertising or in any other manner to cane for the purpose of purchasing goods, wares and merchandise more than twice in any calendar year. 'IT Se . 0, C. The owner or occupant of property within the districts hereinabove mentioned may obtain a permit to conduct a bona fide occasional sale of surplus odds and ends owned and controlled by the occupant by applying for such permit before the sale and paying a permit fee of two dollars ( $2.00) or, if such permit is purchased on the day of the sale, said permit fee shall be ten dollars ($10.00) and conditioned that the sales tax due and awing the State of Texas will be remitted as required by law, and that all laws and regula- tions will be complied with, and that the sale will not last more than three (3) consecutive days, and that no merchandise other than surplus property owned by the penmittee for more than twelve (12) months will be sold. The puchase of new or used merchandise for the purpose of offering for sale at such residential location is expressly prohibited. f`1a711i��,� Y.1:91 D. Signs inviting the public to cane to a location for the purpose of purchasing goods, wares and merchandise shall not be placed on any property other than that awned by the permittee. Said signs shall be removed imme- diately following the third day of sale. SECTION FOUR E. Permit shall be be displayed so as to be visible from the street. SECTION FIVE F. It shall be the duty of any police officer of the City of Stephenville to enforce the provisions of this ordinance against any person found to be violating the same. G. Any person violating any of the provisins of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined in any stun not exceeding $200.00. PASSED AND APPROVED THIS 5th day of A T: City Secretary May , 1987. Larry HaVett, Mayor ORDINANCE NO. 1987 -11 AN ORDINANCE REPEALING SECTION 503 OF THE ELECTRICAL ORDINANCE OF THE CITY OF STEPHENVIISE, TEXAS, AND PROVIDING FOR A NEW SECTION 503 IN LIEU THEREOF: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Section 503 of the Electrical Ordinance of the City of Stephenville is hereby repealed. Seri- inn RWn In lieu of the present Section 503 of the Electrical Ordinance of the City of Stephenville a new Section 503 is hereby substituted therefor_ reading as follows: All buildings located within the limits of Stephenville as established in the office of the Inspector, and all buildings and structures except single family, two family, multi - family dwellings and attached and /or detached storage buildings for single family purposes shall have all wiring installed in rigid metal conduit, IMC, EMT, or other approved raceway. Any building which has been vacated or changed owner, tenants or occupants but does not change business or any structural changes interior or exterior may be excluded at the discretion of the Building Inspector and Fire,Marshall. The serving utility shall discontinue electrical service to the building and shall not reconnect the same, without the approval of the Electrical Inspector and Fire Marshall. Before approval may be given to reconnect the service, the wiring in such building must be made to conform fully to the requirements of this section. Section Three Enforcement of the above provision shall be as provided in other sections of the Electrical Ordinance by the officers and employees of the City of Stephenville as is provided in the Electrical Code. This ordinance shall go into effect immediately from and after its passage as provided by law. PASSED AND APPROVED this 5th day of May, 1987. ATTEST: ^ n Larry HaVett, Mayor ORDINANCE NO. 1987 -12 FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in Section 16.315 of the Water Code of the State of Texas delegated the responsibil- ity to local governmental units to adopt regulations designed to minimize flood losses. Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of the City of Stephenville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood - proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood.conditions in specific areas by provisions designed to: (1) Protect human.life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. -1- ELEVATED BUILDING — means a nonbasement building (i) built, in the case of a building in Zones Al -30, AE, A, A99, A0, AH, B, C, X, and D, to have the top of the elevated.floor, or in the case of a building in Zones V1 -30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings,.column (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al -30, AE, A, A99, A0, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid founda- tion perimeter walls with opening sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1 -30, VE, or V, "elevated building" also includes a.building otherwise meeting the definition of "elevated building ", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction." com- menced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary - Floodway Map.. FLOODPLAIN OR FLOOD -PRONE AREA - means any land area suscep -. tible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in 'order to discharge the base flood without cumula- tively increasing the water surface elevation more than one foot at any point within the community. FUNCTIONALLY DEPENDENT USE - -means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. -3- SUBSTANTIAL IMPROVEMENT means any reapir, reconstruction, or improvement of a structure, the cost of which equals or.exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construc- tion or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other develop - ment to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3 (b)(5), (c) (4) , (c) (10) , (d) (3) , (e)(2), (e)(4), or (e) (5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Stephenville. SECTION B. BASIS FOR ESTABLISHING THE AREAS' OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal. Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Stephenville ", dated July, 1977, with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations: -5- (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Commission, prior to any alteration or relocation of a water- course, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (S) When base flood elevation data has not been provided in accordance with Article '3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construc- tion, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be pre- sented to the Floodplain Administrator on forms furnished by him /her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2) ; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated,as a result of proposed development. e. Maintain a record of all such information in accor- dance with Article 4, Section (B)(1). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provi- sions of this.ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; -7- (8) Variances shall not be issued floodway if any increase in flood levels discharge would result. within any designated during the base flood (9) Prerequisites for granting variances: (a) Variances shall only be issued upon a determina- tion that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a community for new construction and substantial improvements and for other develop- ment necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1) -(9) are met, and '(ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements; (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction.or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning I equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; -9- (4) Manufactured Homes (a) Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. (b) All manufactured homes shall be in compliance with Article 5, Section B(1). (c) Require that all manufactured homes to be placed or substantially improved within Zones Al -30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation; and be securely anchored.to an adequately anchored foundation system in accordance with the provision of Section B(4) of this Article. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 30 lots or 3 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this ordinance. (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facil- ities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING'(AO /AH ZONES) Located within the areas of.special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of l to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply; -11- 60.3(d) Revised as of October 1, 1986 FLOOD DAMAGE PREVENTION ORDINANCE OUTLINE SECTION A Lands to Which This Ordinance Applies . . . 5 Cross SECTION B Basis for Establishing the Ref. Areas of Special Flood NFIP Hazard . . . . . Page Regulations ARTICLE 1 C STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE 5 60.3(d)(1) SECTION D AND METHODS . . . . . . . . . 1 SECTION A Statutory Authorization . . . 1 SECTION B Findings of Fact . . . . . . . 1 SECTION C Statement of Purpose . . 1 SECTION D Methods of Reducing Flood Losses. . . . . . . . . . 2 ARTICLE 2 DEFINITIONS . . . . . . 2 59.1 ARTICLE 3 A GENERAL PROVISIONS . . . . . . 5 60.(d)(1) SECTION A Lands to Which This Certification . . . . . . . . 13 Ordinance Applies . . . 5 60.3(d) SECTION B Basis for Establishing the Areas of Special Flood Hazard . . . . . 5 60.3(d)(1) SECTION C Establishment of Development Permit . . . . . . . . . . 5 60.3(d)(1) SECTION D Compliance . . . . . . . . . 5 SECTION E Abrogation and Greater Restrictions . . . . . 6 SECTION F Interpretation . . 6 SECTION G Warning and Disclaimer of Liability . . . . . . . . . 6 ARTICLE 4 ADMINISTRATION . . . . . . . . 6 SECTION A Designation of the Floodplain Administrator 6 60.3(d)(1) SECTION B, Duties and Responsibilities of the Floodplain Administrator 6 60.3(d)(1) SECTION C Permit Procedures . . . . . . 7 60.3(d)(1) SECTION D Variance Procedures . . . . . 7 60.6(a) ARTICLE G PROVISIONS FOR FLOOD HAZARD REDUCTION . . . . . . . . . 9 SECTION A General Standards . . . . . . 9 60.3(d)(1) SECTION B Specific Standards . . . . . . 9 60.3(d)(1) 1. Residential Construction . . . 9 60.3(d)(1) 2. Nonresidential Construction 9 60.3(d)(1) 3. Enclosures . . . . . . . . 9 60.3(d)(1) 4. Manufactured Homes . . . . . . 10 60.3(d)(1) SECTION C Standards for Subdivision Proposals . . . . 11 60.3(d)(1) SECTION D Standards for Areas of Shallow Flooding (AO /AH Zones) . . . . . . . 11 60.3(d)(1) SECTION E Floodways . . . . . . . . 12 60.3(d)(1 -3) SECTION F Stop Work Orders . . . . . 12 SECTION G Provision for Penalty . . . . 13 ARTICLE 6 REPEAL OF PRIOR ORDINANCE . . 13 Certification . . . . . . . . 13 SECTION G. PROVISION FOR PENALTY Any person who shall violate any c ordinance or fail to comply thereN requirements thereof shall be gui: be liable to a fine of not more t] and each day any such violation sl shall constitute a separate offen; structure is erected, constructed or maintained, or any building, si violation of this ordinance, the City, in addition to other remedii action or proceeding to prevent si tion, reconstruction, alteration, use to correct or abate such violi of such building, structure or lai e /4M REPEAL OF f the provisions of this ith or with any of the ty of a misdemeanor and shall an two hundred dollars ($200.00) all be permitted to exist e. In case any building or altered, repaired, converted ructure or land is used in ppropriate authorities of the s, may institute appropriate ch unlawful erection, construc- conversion, maintenance or tion or prevent the occupancy C7 OR ORDINANCE This ordinance repeals in its entirety Chapter 9 1/2 of the Code of Ordinances of the City of ''Stephenville. It is hereby found and declared b that severe flooding has.occurred jurisdiction and will certainly o flooding is likely to result in i. injury or death, and is likely to or destruction of property within effectively comply with minimum s the National Flood Insurance Prog tively remedy the situation descr that this ordinance become effect CATION the City of Stephenville in the past within its cur within the future; that fliction of serious personal result in substantial injury its jurisdiction; in order to andards for coverage under am; and in order to effec- bed herein, it is necessary ve immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage 'and approval. PASSED and APPROVED this ATTEST: fc� City Secretary ORDINANCE NO. 1987 -13 AN ORDINANCE AUTHORIZING JOSEPH A. CHANDLER, CITY ATTORNEY, TO FILE PROCEEDINGS TO CONDEMN AND ACQUIRE ON BEHALF OF THE CITY OF STEPHENVILLE AND EASEMENT FOR CONSTRUCTION OF A SANITARY SEWER LINE ON AND ACROSS 11.51 ACRES OF LAND OUT OF THE H. C. HUDSON SURVEY IN ERATH COUNTY, TEXAS, AGAINST JERRY N. LOCKLIN AND WIFE, CRISSIE YVONNE LOCKLIN, THE OWNERS OF SAID LAND AND TARRANT SAVINGS ASSOCIATION, WHO HOLDS A LIEN AGAINST SAID LAND, AND TO PROSECUTE SAID CONDEMNATION PROCEEDINGS IN THE MANNER PRESCRIBED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: The City of Stephenville requiring an easement for public purposes and having failed to agree with the owners upon the damages and consideration to be paid and given to Jerry N. Locklin and wife, Crissie Yvonne Locklin, and to Tarrant Savings Association, the owners and lienholders, for easement for :! sanitary sewer line of the following described land: Field notes of a 20 foot wide sewer line easement out of the H. C. Hudson Survey, Abstract No. 342 in Erath County, Texas, and being within that certain 11.51 acre tract of land conveyed by Eugene Angermann to Jerry Neal Locklin by deed dated June 1, 1976, and recorded in Volume 537, page 1094 of the Erath County Deed Records, Erath County, Texas, also being within that certain 3.0 acre tract of land conveyed by John Tackett to Jerry N. Locklin by deed dated February 21, 1976, and recorded in Volume 535, page 486, Deed Records of Erath County, Texas, the centerline of which is described as follows: BEGINNING at a point in a north line of said 3.0 acre tract, from which the SW corner of a 2.0 acre tract of land described in a warranty deed with vendor's lien conveyed by James S. Peck et ux to John H. Wiggins et ux as recorded in Volume 666, page 072 of the Erath County Deed Records bears S 66° 15' 09" W, 293.71 feet; THENCE leaving the north line of said 3.0 acre tract and with the centerline of said 20 foot wide sewer line easement S 88° 17' 59" E, 23.27 feet and N 66° 15' 09" E, 327.07 feet to a point in the east line of said 11.51 acre tract for the point of termination hereof, from which point the NE corner of said 11.51 acre tract bears N 300 44' 03" W, 702.52 feet; Accompanying the above described centerline of said 20 foot wide sewer line easement is a 50 foot wide construc- tion easement, said 50 foot construction easement being 40 feet south of and parallel with the centerline of said sewer line easement and 10 feet north of and parallel with the centerline of said 20 foot wide sewer line easement. Joseph A. Chandler, City Attorney, is hereby authorized on behalf of the City of Stephenville to file proceedings to condemn the above described land for purposes of such easement, such suit to be against Jerry N. Locklin and Crissie Yvonne Locklin, owners, and Tarrant Savings Association, lienholders. PASSED and APPROVED this �&' day of May, 1987. ATTEST: rdify yecretary Mayor