HomeMy WebLinkAbout1983-04-05 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, APRIL 5, 1983 - 7:00 P.M.
The regular meeting of the City Council of the City of Stephenville was called
to order by the Mayor with the following members present:
Mayor Joe F. CumAngs
Councilmen: G.A. Swindle
David Clayton
Ray Reynolds
James Mc Swain
Councilmen; Charles Riggins
E. W. Ferguson
William G. Brede
John Pollan
Floyd Gordon
261
City Administrator Kurt J. Ackermann, City Attorneys Joseph and Randy Chandler,
Director of Finance Charlene Young, Director of Public Works R.Y. Gann, Utilities Director
Danny Johnson, Chief of Police Doug Conner, Director of Parks & Recreation Ronnie Isham,
Fire Chief Larry May, Personnel & Purchasing Clerk Betty Chen and many others were present.
ITEM I: CONSIDER APPROVAL OF MINUTES.
Councilman Swindle moved that the minutes of the council meetings held on March lst
and 17th, 1983 be approved as written. Councilman Riggins seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM II: CANVASS RETURNS OF CITY OFFICERS ELECTION AND LOCAL OPTION ON
LEGALIZATION OF BINGO IN THE CITY.
Mayor Cummings appointed a committee of David Clayton, Chairman; Ray Reynolds, and
Bill Brede to canvass the election returns,
Mayor Cummings adjourned the meeting for the committee to canvass the election
returns.
The council reconvened and Canvassing Committee Chairman David Clayton reported that
the election returns were accurate. Councilman Clayton moved that the returns of the
City Officers election be approved. Councilman Pollan seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
Councilman Clayton moved that the returns of the Local Option Election to legalize
bingo in the City of Stephenville for chairtable purposes be approved. Councilman Pollan
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
Mayor Cummings presented retiring Councilmmber Ermer Ferguson a plaque and expressed
the appreciation of the council and the City of Stephenville for his many years of service
to the cocmmmity,
Mayor Cmmtngs then delivered the oath. of office to new Councilmen Charles, Riggins,
Floyd Gordon, Jams Mc Swain, and G,A. Swindle,
ITEM III; PUBLIC HEARING ON PLANNING & ZONING COMMISSION RECOMMENDATIONS.
Mayor Cummings opened the public hearing to consider the following recommendations
from the Planning & Zoning Commission:
A. Recommended approval to change zoning, from B -1 to B -2, Lot la, Block 16, Clifton
Heights Addition, known as 705 Riverside Dr.
THOSE IN FAVOR OF REZONING:
No one addressed the Council in favor of said rezoning.
THOSE OPPOSED TO REZONING:
No one addressed the Council opposing said rezoning.
6 -2
There being no one wishing to_ address the Council on this matter, Mayor Cimaiings
closed the public hearing.
Councilman Pollan moved to rezone from B -1 to B -2, Lot 1a, Block 16, Clifton Heights
addition. Councilman Riggins seconded the motion. The motion carried by the following
vote:
AYES: All meirbers present voted aye.
NOES: None
B. Negative reconmendation to change zoning, from R -1 to R -2, Lots 20b, 21, and
22a, Block 1, Groesbeck Addition, known as 815 Lydia Street.
This item was tabled at the request of the property owner requesting the change
due to illness.
ITEM IV: CONSIDER APPRAISAL OF PORPEM DESCRIBED AS PART OF LOT 5, BLOCK
Mayor Cum¢nings stated that Dee White on the councils instruction had appraised the
above referenced property and had reported to City Administrator Kurt Ackermann that
the porperty appraised for more than $1,000.00. In accordance with city charter regulations
the sale of city property valued at $1,000.00 or more must be advertised for sale.
Councilman Riggins; moved the city advertise for bids on the sale of part of Lot 5,
Block. 8, South Side Addition. Councilman Swindle seconded the motion. The motion carried
by the following vote:
AYES: All members present voted aye.
NOES: None.
ITEM V: CONSIDER AMENDMEAIT TO CODE OF ORDINANCES. FIRE
Mayor Cummings stated that the only change in the ordinance was that the nufer
of fire trucks used outside the city limits to fight fires will be determined by the Fire
Chief. Councilman Swindle moved that the ordinance be anwnded to read that the rnnrber
of fire trucks used to fight fires outside the city limits will be determined by the
Fire Chief or his representative,. Councilman Clayton seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None.
AN ORDINANCE AMENDING SECTION 9 -2(a) OF THE CODE OF ORDINANCES OF THE CITY
OF STEPHENVILLE AND SUBSECTION 1 THEREOF.
ITEM VI: CONSIDER REPLACEMENT OF MR. WALTER DEVOE ON AIRPORT ADVISORY BOARD,
Mayor Cunnings stated that Mr. Devoe no longer lives in Stephenville and that Airport
Advisory Board Chairman, Hugh Wolfe had recoamended Barney Evans be placed on the board.
Councilman John Pollan nominated Dale Harbin to fill the vacancy on the Airport Advisory
Board, Councilman Riggins seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None.
ITEM VII: CONSIDER
AND PAINTING THE PUBLIC LIBRARY AND
The following bids were received for remodeling one room in the basement of the
library:
1. Barfield & Assoc .-------------------- - - - - --
P.O. Box 202
Stephenville, TX.
2, J'aquess Const. Co,,
405 111organ Mill Rd,
Stephenville, TX,
3. Marchelle Lee Const,- - - - - --
209_ Rowland
Stephenville, TX,
- - - - -- $2,445.91
1 1.1 ON
- -- $3,165,00
164146 —ORDER DECLARING RESULT OF CITY OFFICER ELECTION (176) Hart Graphics, Austin, Texas
Order Declaring Result Of City Officers' Election
THE STATE OF TEXAS
CITY OF STEPHENVILLE }
On this the 5th day of APRIL , 19_83 —, the City Council /Eonanisidaz'
of the City of Stephenville ' Texas, convened in regular session open to the
public at the regular meeting place thereof with the following members present, to -wit:
and the following absent:
other proceedings had were the following:
Alderman7E36 #ffdfX4a
Mayor,
AldermanAGURNdatonerIA
AldermanX0uwmdsAwaerk
Aldermana
Alderman2
Alderman2
City Secretary /Clerk'
constituting a quorum, and among
introduced a resolution and order
and moved its adoption. The motion was seconded by Alderman/ctssiostl�x'x ,
and the motion carrying with it the adoption of the resolution and order prevailed by the following vote,
AYES:
NOES:
The resolution is as follows:
There came onto be considered the returns of an election held on the 2nd day of ApriL 1983
for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and
legally made, that there were cast at said election 524 valid and legal votes; that each of the
candidates in said election received the following votes:
NAME OF CANDIDATE
FOR MAYOR2
TOTAL NUMBER OF VOTES RECEIVED
FOR ALDERMAN/ and S
NAME OF CANDIDATE
Charles Riggins, Place 1
G. A. "Pinkie" Swindle, Place 3
James L. McSwain, Place 5
Chester D. Amidon, Jr.,Place 7
Howard Floyd Gordon, Place 7
TOTAL NUMBER OF VOTES RECEIVED
412
396
420
181
312
FOR
NAME OF CANDIDATE
FOR
NAME OF CANDIDATE
FOR
NAME OF CANDIDATE
Lam
NAME OF CANDIDATE
a
TOTAL NUMBER OF VOTES RECEIVED
a
TOTAL NUMBER OF VOTES RECEIVED
a
TOTAL NUMBER OF VOTES RECEIVED
a
TOTAL NUMBER OF VOTES RECEIVED
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL° /VbYJMrl$Yi OF THE CITY OF
STF.PHF.NVTi T F. , TEXAS:
That said election was duly called; that notice of said election was given in accordance with law, and that
said election was held in accordance with law, and that
was duly
Iw�ardx3rar�aYl ;adtiX7tgxiotidsmnand Charles Riggins, G.A. "Pinkie" Swindle
James L. Mc Swain, and Howard F1ovd.Gordon
were duly elected Aldermen /06YURSYsIiMil of said City at said election, and that
was duly elected a
and said above named parties are hereby declared duly elected to said respective offices, subject to the
taking of their oaths and filing bond as provided by the laws of the State of Texas.
It is further found and determined that in accordance with the order of this governing body the
Secretary /Clerk, posted written notice of the date, place and subject of this meeting on the bulletin board
located in the City Hall, a place convenient and readily accessible to the general public, and said notice having
been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of
said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall
be made a part thereof for all intents and purposes.
PASSED, ADOPTED AND APPROVED this the 5th day of . A it _ 19 83
ATT ST:
Mayor
ate/
Secretary /cierk'
Strlke one ¢ot aD Ilcable.
-Strike It not appll.able.
'It Aldermen are elected by the place system, insert the place to be filled.
2109 —ORDER DECLARING RESULT OF SPECIAL CITY ELECTION —Class 4
Clarke & Caune, Inc.
ORDER DECLARING RESULT OF SPECIAL CITY ELECTION
THE STATE OF TEXAS 1
COUNTY OF ERATH /l{
On this the 5th day
19 83 , the City Council990Wx of
the City of Stephenville of Erath
County, Texas, convened in regular session at the regular meeting
place thereof at the City Hall in said City, with the following members, to -wit:
Mayor
Commissioner /Alderman' Commissioner /Alderman
Commissioner /Alderman Commissioner /Alderman
Commissioner /Alderman City Secretary
and the following absent:
constituting a quorum, and among other proceedings passed the following order:
There came on to be considered the Returns of an election held on the 2nd day o {_April
19 83 , upon the proposition as set forth in Order calling said election, and it appearing that said election was in all re-
spects legally held and that said Returns were duly and legally made and that there were cast at said election
votes:
316
by • Enabling in the Gdt-y of •. • •
Votes
IT IS THEREFORE FOUND, DECLARED (AND SO ORDERED by the Council/fteaA02M of the City of
St@phenyille , Texas, that a majority of the legally qualified voters
voting at said above mentioned election held on the 2nd day of Apri1 119-83—,
voted the proposition set forth in the Order calling said election, and said proposition is hereby
(for/against)
declared to
(passed /failed)
The above order being read, it was moved and seconded that same do pass. Thereupon, the question being called for,
the following members of the City Council /Commissions voted AYE:.
and the following voted NO
PASSED, APPROVED
Commissioner /Alderman =
Commissioner /Alderman
Commissioner /Alderman
of April , 19 83 .
(1) Strike the title not applicable.
(2) Strike the title not applicable.
Commissioner /Alderman
Commissioner /Alderman
City Secretary
ORDINANCE AMENDING SECTION 9 -2(a) OF THE CODE OF ORDINANCES OF
THE CITY OF STEPHENVILLE AND SUBSECTION 1 THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section 9 -2(a) and Subsection 1 thereof are hereby changed
and amended and hereafter shall read as follows:
"(a) The Mayor is hereby authorized to enter into a
contract with Erath County, Texas, acting by and
through its Commissioners' Court, providing that the
City will furnish firefighting equipment and personnel
necessary to handle same for the fighting of fires
outside the limits on the following terms and conditions:
(1) The number of fire trucks used to fight fires
outside the limits of the City shall be subject
to the decision of the Fire Chief and these
fire trucks shall be equipped with regular fire-
fighting equipment and shall be manned by
personnel of the Fire Department of the City
necessary to handle such trucks and equipment."
PASSED AND APPROVED this 5-.-64 day of G_, 1983.
Mayor
ATTEST:
111X I
City Secretary
263
In the absence of librarian Marilynn Alford, Finance Director Charlene Young
presented the bids stating that Librarian Alford was satisfied with the low bid from
Barfield & Associates. Councilman Swindle moved to accept the low bid of $2,445.91
from Barfield & Associates as recommended by the Librarian. Councilman Clayton seconded
the motion. The motion carried by the following vote:
AYES: All members present voted aye,
NOES: None.
The following bids were received for painting the exterior of the Public Library
Building:
1. Hallmark Roofing & Painting--- -
1004 E. Pearl
Stephenville, T.K.
2. Barfield & Assoc .------ -
P.O. Box 202
Stephenville, TX.
3. James Dickerson--------------- - - - - --
664 E. Crow
Stephenville, TX.
4. Southern Comfort Mat ,----------- - - --
P.O. Box 510
Stephenville, TX,
---------------- - - - - -- $1,225!.)00
- -- $1,616.00
- - -- $2,748.34
- - -- $3,600.00
Councilman Swindle moved to accept the low bid of $1,225.00 from Hallmark Roofing &
Painting Company. Councilman Clayton seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None.
The following bids were received for one 1983 half -ton pick -up as per specifications
for the Fire Department:
1. Bruner Chevrolet------------------------------------------ - - - - -- $8,049:00
1515 South Loop
Stephenville, TX.
2. Wayne Blue Ford ------------------------------------------------- $8,374.00
1307 E. Washington
Stephenville, TX.
3. Harbin Motors-: -------------------------------------------------- $8,453.65
750 East Rd.
Stephenville, TX.
Councilman Swindle moved to accept the low bid of $8,049.00 from Bruner Chevrolet
as recommended by Fire Chief Larry May. Councilman Brede seconded the motion.. The motion
carried by the following vote:
AYES: All members present voted aye,
NOES: None.
ITEM VII: COMAITTEE REPORTS
a. TRAFFIC STUDY COMMITTEE
1. T.S.U. RF.OUEST FOR 1500 BLOCK OF W.
Councilman Swindle reported at e Traffic Study Committee had met twice on
this request and had visited with the residents in this area. Making Tarleton St. one -way
would divert traffic to St. Peter St. which could not handle that much traffic. The
committee recommended that the request be denied. Councilman Swindle made the motion to
deny the request to make the 1500 Block of W. Tarleton Street one -way. Councilman Pollan
seconded the motion. The motion carried by the following vote:
AYES: All members _present voted aye.
NOES: None..
2. HARBIN DRIVE =SION
Councilman Stain e reported that the Traffic Study Committee by a vote of 2 to 1
recommended that the council obtain a new traffic study by Traffic Engineers Inc.
i'24'4,
After considerable discussion by the council of traffic problems in Stephenville
and access to the South.Loop by Harbin Drive or other streets, Councilman Clayton moved
to contact engineers to submit proposals to the council. Councilman Riggins seconded the
motion, The motion carried by the following vote:
AYES: All menbers present voted aye,
NOES: None.
b. CABLE TV FRANCHISE COn,11TTEE
Councilman Brede presented the proposed Warner Amex Cable franchise agreement.
Rick. Thompson, Manager of Warner Amex Cable then addressed the council stating that he
felt the ordinance as a whole was good. After cond%serable discussion concerning premium
service and extension of services within the city, Councilman Brede made the motion to
accept the Warner Cable franchise ordinance as presented by the conmi.ttee with the
designated addition in Sec. 6,c. Councilman Reynolds seconded the motion, The motion
carried by the following vote:
AYES: All members present voted aye,
NOES: None.
AN ORDINANCE GRANTING TO WARNER AMEX CABLE COMMUNICATIONS, INC. THE RIGHT
TO ERECT, MAINTAIN AND OPERATE IN, .UNDER, OVER, ACROSS, AND UPON THE LANES,
STREETS, AVENUES, SIDEWALKS, ALLEY, BRIDGES AND HIGHWAYS AND OTHER PUBLIC
PLACES IN THE CITY OF STEPHENVILLE, TEXAS, AND SUBSEQUENT ADDITIONS THERETO,
FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY CABLE OF TELEVISION
SIGNALS TO ENABLE SALE OF THEIR COMMUNITY TELEVISION ANTENNA SERVICE TO THE
INHABITANTS OF SAID CITY, AND OTHER PURPOSES, FOR A PERIOD OF 15 YEARS WITH
RENEWAL OPTION FOR 15 YEARS THEREAFTER, AND REGULATING THE SAME.
c. 'ROWLAND STREET DRAINAGE STUDY COMNIITTEE
Director of Public Works R.Y. Gann addr essed the council stating that the:hest
way to eliminate the problem between Mr. Reeves and Mr. Brotherton would be a concrete stone
sewer. The next best way to fix it would be a concrete line channel. The third choice
would be an earthen channel. The council then discussed at length the water flow problem
in the Rowland Street area and the water problem in the north west part of town. Mayor
Cummings said that in his opinion that unless the two property owners would grant the city
access through an, easement between the two pieces of property the city could not help
them. The council instructed City Administrator Ackennamm to notify Mr.; Reeves and
Mr. Brotherton as to the council's position on the matter.
d. MAYOR'S STATUS REPORT ON PROPOSED OVERHEAD STORAGE TANK
Mayor Cummings called or a special council meeting to e held April 19, 1983
at 1:30 P.M. in the council chambers to discuss this item.
ITEM IX; REPORT FROM R,Y. GANN, DIRECTOR OF PUBLIC WORKS REGARDING PLANS FOR
This item was tabled and rescheduled to be discussed at a special council meeting
to be held on April 14, 1983 in the council chambers.
ITEM XI: CONSIDER 'FIRE MARSHAL AND FIRE CHIEF ORDINANCES.
Fire Chief Larry May addressed the council presenting these ordinances for their
approval. Chief May said that he and City Attorney Joseph Chandler had reviewed them
and they were ready to be acted upon, Councilman Pollan moved that the Fire Chief and
Fire Marshal Ordinances be approved with a change in Sec. 9 -50 of the Fire Marshal ordinance
to read that he will receive a salary which will be paid in 12 monthly installments.
Councilman Clayton seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye,
NOES: None
AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 9 OF STEPHENVILLE CODE OF
ORDINANCES AND ENACTING THIS ORDINANCE PROVIDING FOR THE .OFFICE OF FIRE
MARSHAL OF THE CITY OF STEPHENVILLE; PROVIDING FOR HIS APPOINTMENT; SETTING
OUT HIS DUTIES AND PROVIDING FOR INVESTIGATIONS BY HIM, INCLUDING POWER TO
SUMMON WITNESSES AND CONDUCT HEARINGS, MAKING VIOLATIONS OF HIS INVESTIGATIONS
BY WITNESSES AN OFFENSE, MAKING VIOLATIONS OF HIS ORDERS IN CERTAIN INSTANCES
AN OFFENSE, PORVIDING FOR PORSECUTION IN SUCH CASES AND DECLARING AN EMERGENCY
ORDINANCE CREATING OFFICE OF FIRE CHIEF TO BE APPOINTED BY THE CITY COUNCIL
AND PRESCRIBING HIS DUTIES.
ORDINANCE CREATING OFFICE OF FIRE CHIEF TO BE APPOINTED BY THE
CITY COUNCIL AND PRESCRIBING HIS DUTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section I
The office of Fire Chief of the City of Stephenville is
hereby created. The Fire Chief shall be appointed by the City
Council and his salary shall be fixed by the City Council.
The Fire Chief position is that of a Department Head and the
Fire Chief shall perform his duties under the supervision of the
City Administrator.
Section II
The Fire Chief shall be the head of the Fire Department.
This is responsibility for supervisory work in commanding and
coordinating fire fighting activities. He shall be responsible
for the effective and efficient use of apparatus, equipment and
personnel in extinguishing fires and in performing other emer-
gency and rescue work. His work shall also involve participat-
ing in a comprehensive training and employee development program.
The Fire Chief shall be responsible for administrative and
technical work in fire prevention and protection. He shall have
responsibility for the protection of lives and property in the
City of Stephenville, through the supervision of all fire depart-
ment functions. His work involves the efficient operation of
the fire department in all fields.
Section III
The duties of the Fire Chief shall include, but not be
limited to the following:
(a) The Fire Chief shall see that all employees in his
department comply with standards set by the Texas
Commission On Fire Protection Personnel Standards
and Education.
(b) The Fire Chief shall have administrative and technical
knowledge in all fields of fire department functions
and in fire prevention and protection.
(c) The Fire Chief shall have under his immediate control
and supervision said fire department, subject to assign-
ment, orders and directions of the City Administrator.
The Fire Chief shall be responsible for the efficiency
and conduct of the men under him and shall be diligent
in seeing that the rules of the department are therewith
faithfully followed and the men performing their duties.
He shall be responsible for the property of the depart-
ment and the operation and use thereof. The Fire Chief,
or person acting in the capacity of aforesaid officer
shall attend all regular alarms and other alarms deemed
necessary. The Fire Chief shall be responsible for
personally acting or delegating authority for the
assignment of personnel, repairs of apparatus, ordering
of supplies, investigation of complaints, assisting
other city departments, and all other activities per-
taining to the operation of the Fire Department.
(d) The Fire Chief shall provide certain methods and
plans for grading the men and stations on a merit
system, which shall be designed to encourage greater
efficiency in the department. He shall have the
power to adopt such rules and regulations for the
government of the department as he may deem advis-
able, provided all rules and regulations so adopted
shall be consistant with the ordinances of the
City of Stephenville and receive the approval of
the City Administrator.
(e) The Chief shall have the power to hire new
employees for the Stephenville Fire Department and
to dismiss employees for just cause.
(f) In case of his absence or disability, the Fire
Chief shall make necessary temporary assignments,
subject to the approval of the City Administrator,
for the performance of his duties and other such
duties as may be directed by the ,City Administrator.
(g) The Fire Chief shall be responsible for seeing that
all members entering the service of the fire depart-
ment satisfactorily complete the current prescribed
course of instruction and training. Assignment of
those personnel and all other assignments shall be
at the discretion of the Fire Chief in order that
there will be no material loss of operating effi-
ciency to the best interest of the fire service as
a whole.
(h) The Fire Chief shall direct and supervise all fire
fighting operations; respond to structural fire
alarms and to major emergencies and assume command;
he shall ascertain the need for and type of additional
equipment necessary to counteract the emergency; and
make technical decisions as to the best methods of
extinguishing the fires.
(i) The Fire Chief shall prepare or direct the preparation
and maintenance of necessary records and reports.
PASSED AND APPROVED this 5th day of April , 1983.
Jo F. Cummings, Mayor
ATTEST:
City Secretary
AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 9 OF STEPHENVILLE
CODE OF ORDINANCES AND ENACTING THIS ORDINANCE PROVIDING FOR THE
OFFICE OF FIRE MARSHALL OF THE CITY OF STEPHENVILLE; PROVIDING
FOR HIS APPOINTMENT; SETTING OUT HIS DUTIES AND PROVIDING FOR
INVESTIGATIONS BY HIM, INCLUDING POWER TO SUMMON WITNESSES AND
CONDUCT HEARINGS, MAKING VIOLATIONS OF HIS INVESTIGATIONS BY
WITNESSES AN OFFENSE; MAKING VIOLATIONS OF HIS ORDERS IN CERTAIN
INSTANCES AN OFFENSE, PROVIDING FOR PROSECUTION IN SUCH CASES
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
SECTION I
Article III of the Code of Ordinances of the City of
Stephenville is hereby repealed; such repeal to take effect on
the effective date of this ordinance.
SECTION II
Article III of the Code of Ordinances of the City of
Stephenville is hereby reenacted as follows:
Sec. 9 -50. The office of Fire Marshal is hereby created.
Such office shall be independent of other city departments, the
Fire Marshal reporting directly to the Fire Chief. Such office
shall be filled by appointment by the Mayor, by and with the
consent of the City Council. He shall receive an annual salary
of dollars, payable in monthly installments,
as full compensation for his services.
Sec. 9 -51. The Fire Marshal shall investigate the cause,
origin and circumstances of every fire occurring within this city
by which property has been destroyed or damaged, and shall espe-
cially make investigation as to whether such fire was the result
of carelessness or design. Such investigation shall be begun
within twenty -four hours, not including Sunday, of the occurrence
of such fire. The Fire Marshal shall keep in his office a record
of all fires, together with all facts, statistics and circumstances,
including the origin of the fires and the amount of the loss,
which may be determined by the investigation required by this
ordinance.
Sec. 9 -52. The Fire Marshal, when in his opinion further
investigation is necessary, shall take or cause to be taken the
testimony, on oath, of all persons supposed to be cognizant of
any facts or to have means of knowledge in relation to the matter
under investigation, and shall cause the same to be reduced to
writing; and if he shall be of the opinion that there is evidence
sufficient to charge any person with the crime of arson, or with
the attempt to commit the crime of arson, or of conspiracy to
defraud, or criminal conduct in connection with such fire, he
shall cause such person to be lawfully arrested and charged with
such offense or either of them, and shall furnish to the proper
prosecuting attorney all such evidence, together with the names
of witnesses and all of the information obtained by him, includ-
ing a copy of all pertinent and material testimony taken in the
case.
Sec. 9 -53. The Fire Marshal shall have the power to summon
witnesses before him to testify in relation to any matter which
is by the provisions of this ordinance a subject of inquiry
and investigation, and may require the production of any book,
paper or document deemed pertinent thereto. The said Fire
Marshal is hereby authorized and empowered to administer oaths
and affirmations to any persons appearing as witnesses before
him.
Sec. 9 -54. Any witness who refuses to be sworn, or who
refuses to appear or testify, or who disobeys any lawful
order of said Fire Marshal, or who fails or refuses to pro-
duce any book, paper or document touching any matter under
examination, or who is guilty of any contemptuous conduct
during any of the proceedings of the Fire Marshal in the
matter of said investigation or inquiry, after being sum-
moned to give testimony in relation to any matter under
investigation as aforesaid, shall be deemed guilty of a mis-
demeanor; and it shall be the duty of the Fire Marshal to
cause all such offenders to be prosecuted. Any person being
convicted of any such demeanor shall be fined in a sum not
exceeding twenty -five dollars ($25.00). Provided, however,
that any person so convicted shall have the right of appeal.
Sec. 9 -55. All investigations held by or under the
direction of the Fire Marshal may, in his discretion, be pri-
vate, and persons other than those required to be present
may be excluded from the place where such investigation is
held, and witnesses may be kept separate and apart from
each other and not allowed to communicate with each other
until they have been examined.
Sec. 9 -56. The Fire Marshal shall have the authority
at all times of day or night, when necessary, in the per-
formance of the duties imposed upon him by the provisions
of this ordinance, to enter upon and examine any building
or premises where any fire has occurred, and other buildings
and premises adjoining or near the same, which authority
shall be exercised only with reason and good discretion.
Sec. 9 -57. The Fire Marshal, upon complaint of any
person having an interest in any building or property adja-
cent and without any complaint, shall have a right at all
reasonable hours for the purpose of examination, to enter
into and upon all buildings and premises within the city,
and it shall be his duty, monthly or more often, to enter
upon and make or cause to be entered and made, a thorough
examination of all mercantile, manufacturing and public
buildings, together with the premises belonging thereto.
Whenever he shall find any building or other structure
which, for want of repair, or by reason of age or dilapi-
dated condition, or for any cause, is especially liable
to fire, and which is so situated as to endanger other
buildings or property, or so occupied that fire would
endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangements of stoves, ranges,
furnaces or other heating appliances of any kind whatsoever,
including chimneys, flues, and pipes with which the same
may be connected, or a dangerous arrangement of lighting
devises or systems, or a dangerous or unlawful storage of
explosives, compounds, petroleum, gasoline, kerosine,
dangerous chemicals;: vegetable products, ashes, combustible,
inflammable and refuse materials, or other conditions which
may be dangerous in character or liable to cause or promote
fire or create conditions dangerous to the firemen or occupants,
he shall order the same to be removed or remedied, and such
order shall be forthwith complied with by the owner or occupants
of said building or premises. Provided, however, that if said
owner or occupant deems himself aggrieved by such order, he may,
within five (5) days, appeal to the Mayor, who shall investigate
the cause of the complaint and unless by his authority the order
is revoked, such order shall remain in force and be forthwith
complied with by said owner or occupant. At the end of each
month the Fire Marshal shall report to the State Fire Marshal
all existing hazardous conditions, together with separate report
on each fire in the city during the month.
Sec. 9 -58. Any owner or occupant of a building or other
structure or premises, who shall keep or maintain the same
when, for want of repair, or by reason of age or dilapidated
condition, or for any cause, it is especially liable to fire
and which is so situated as to endanger buildings or property
of others, or is especially liable to fire and which is so
occupied that fire would endanger other persons or their prop-
erty therein, shall be punished by a fine of not less than ten
dollars ($10.00) nor more than fifty dollars ($50.00).
Sec. 9 -59. Any owner or occupant of any building or
other structure, or premises, who shall keep or maintain the
same with an improper arrangement of a stove, range, furnace,
or other heating appliance of any kind whatever, including
chimneys, flues, and pipes with which the same may be connected,
so as to be dangerous in the matter of fire, or health, or
safety of persons or property of others; or who shall keep or
maintain any building, other structure or premises with an
improper arrangement of a lighting devise or system or with a
storage of explosives, petroleum, gasoline, kerosine, chemicals,
vegetable products, ashes, combustibles, inflammable materials,
refuse, or with any other condition which shall be dangerous in
character to the persons, health or property of others, or
which shall be dangerous in the matter of promoting, augmenting
or causing fires; or which shall create conditions dangerous to
firemen, or occupants of such buildings, structure or premises
other than the maintainor thereof, shall be punished by a fine
of not less than ten dollars ($10.00) nor more than fifty dollars
($50.00) .
Section 9 -60. No prosecution shall be brought under
Secs.'9 -58 and 9 -59 of this ordinance until the order provided
for in Sec. -9 -57 be given, and the party notified shall fail
or refuse to comply with the same.
Sec. 9 -61. The penalties provided for herein shall be
recovered by the city in the same manner as provided by law for
the enforcement of fines, forfeitures, and punishments for
offenses against the city.
Sec. 9 -62. Every day's maintenance of any of the conditions
prohibited in any of the foregoing sections shall be a distinct
and separate offense.
Sec. 9 -63. All misdemeanors herein provided for shall be
prosecuted, and all fines and forfeitures herein provided for
shall be recovered and enforced, in the same manner as provided
by law for the enforcement of fines, forfeitures, penalties and
punishments for offenses generally against the city.
Sec. 9 -64. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Sec. 9 -65. Whereas, public safety demands the immediate
passage of this ordinance, creating the office of Fire Marshal
and empowering the said officer to discharge the duties
herein set out, therefore an emergency exists demanding a
suspension of the rules requiring ordinances to be read on
three several days, said rule is hereby suspended, and this
ordinance is placed on its first reading and final passage, _
and shall be effective and in full force from and after its
passage and approval:
PASSED AND APPROVED this 5th day of April 1983.
Jo F. Cummings, Mayor
ATTEST:
City Secretary
265
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Mayor Cum-&ngs suggested that the council adopt a position and draft a letter conveying
their concern about the potential closing of the Stephenville Weather Station and the
councils desire to see the weather station remain open. Councilman Riggins moved that the
City Administrator draft a letter conveying the councils desire to see the Stephenville
Weather Station remain open. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM X: EXECUTIVE SESSION
Mayor Cunmings recessed the open meeting and called the Council into executive
session for the purpose of discussion of matters of personnel and pending litigation
as provided in Article 6252 -17, Vernon's Texas Civil Statutes, Section 2(e) and (g).
The Council reconvened in open meeting and the following action was taken.
Councilman Swindle moved to instruct City Attorney Chandler to file suit against
property owner Hazel Buchanan at 1010 Isla Street for extending a private fence into
the street dedication on Pecan Street. Councilman Reynolds seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None.
Councilman Swindle moved to notify the Airport Manager, Tryggvi Helgason of violation
of his lease contract with the City of Stephenville due to lack of timely payments to the
City of Stephenville and other violations of his contract and that he terminate the
premises by May 1st 1983. Councilman Pollan seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye,
NOES: None.
There being no other business to come before the Council, Mayor Cumnings adjourned
the meeting.
E. p6ri- , or Pro Tern
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