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HomeMy WebLinkAbout1978-03-07 - Regular City Council148 REGULAR SESSION - TUESDAY MARCH 7, 1978 -7:00 P. M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session, Tuesday, March 7, 1978, at 7:00 P. m., with Mayor Donald R. Jones present and presiding. Council - members W. M. Irwin, Calvin A. McGee, Charles Riggins, E. W. Ferguson, Larry Hammett, and Betty Heath were present., Councilman Raymond Anderson was absent. Others attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Assistant City Attorney Randolph Chandler, Administrative Assistant Kurt Ackermann, Chief of Police Mike Watkins, Director of Utilities Danny Johnson, Water Superintendent J. D. Chapman, Director of Parks & Recreation Ronnie Isham, Street Superintendent Clinton Hicks, Fire Marshall Kenneth Haley, Tax Assessor - Collector Robert Groves, City Secretary Joyce Pemberton, and many interested citizens. Mayor Jones called the meeting to order and City Administrator Marshall Shelton gave the invocation. ITEM I- APPROVAL OF MINUTES Councilman Irwin moved, seconded by Councilman McGee, to approve the minutes of the February 7th meeting as written. Motion carried unanimously. Mayor Jones asked that these minutes clarify that the discussion of zoning changes in the February 7th meeting were for the purpose of setting a date for a Public Hearing and not approval of said zoning changes. ITEM II- PRESENTATION OF PLAQUE TO JAMES T. CHAMBERS Mayor Jones presented an Appreciation Plaque to former Councilman James T. Chambers for his five years service on the City Council. . ITEM III -MRS. RICHARD GENTZEL CARPENTER PASSED Mrs. Carpenter had requested to appear before the Council regarding a permit for a barber shop in her home at 121 Park Drive. Mayor Jones reported this =had been handled earlier in the day and would be referred to the Zoning Board and the Council would subsequently act at a later date. ITEM IV- MINORS ADMITTED TO R AND X RATED MOVIES AT STARLITE THEATRE Miss Gates, daughter of William Gates, 322 S. Belknap Street, came before the Council reporting that she "s,concerned about the Starlite Drive -In Theatre showing X -rated movies and having them labled R- rated. Also that theatre personnel is letting minors into the theatre when the X and R -rated movies are being shown. Mayor Jones advised Miss Gates that, as the city does not have an ordinance pertaining to this problem, he did not know that there was anything the Council could do to alleviate this problem. Mayor Jones did refer Miss Gates to the District Attorney's office as the state statutes regulate the rating of picture shows and /or pornography. Miss Gates also reported that a minor was employed at the theatre during the showing of said movies. Miss Gates also reported that the hotdogs and hamburgers were being reheated on five different nights. Mayor Jones advised her the the City Health Officer had been contacted and he would inspect the premises and check this out. ITEM V- ACCEPTANCE OF DONATIONS FROM THE OPTIMIST CLUB AND NORTON COMPANY Director of Parks and Recreation Ronnie Isham came before the Council reporting that the Optimist Club had pledged a portion of the proceeds from their annual auction to the Parks & Recreation Department to apply toward the construction of a youth softball field. (A Little League and girls' softball field). Also the Norton Company would like to donate $4,000 to start the construction of a softball field that they hoped the city would see fit to name "Norton Field" when completed. In future years Norton Company would like to donate money to this field either for lights or other aspects of this field. Mr. Isham said he hoped to have these fields completed this year, with' the Youth Field to be ready by the start of the Little League season. Councilwoman Heath moved, seconded by Councilman Hammett, that the City Council gratefully accept the kind offer of donations from -the Optimist Club and Norton Company to the benefit of the Parks & Recreation Department. In answer to Councilman Irwin's question, Mr. Isham said he did have the space available for these two fields and had budgeted $3,000 for one of them this year and these donations would make it possible to develop both fields now. Mayor Jones then called for question on the above motion. The motion carried unanimously. 149 ITEM VI -RATE ESTABLISHED FOR USE OF BABE RUTH FIELD BY HIGH SCHOOL Director of Parks & Recreation Isham recommended to the City Council that the City Council that the City charge the Stephenville Independent School District $75000 per game for the use of the Babe Ruth Field in the City Park. Mr. Isham said the cityfs cost, which includes the maintenance and general upkeep of the field and the fact that they have to start getting the field ready six weeks earlier than they would otherwise, would average out that much. After some discussion, Councilwoman Heath moved, seconded by Councilman Riggins, that the City Council accept Mr. Isham's recommendation to charge the Stephenville Independent School District $75.00 per game for the use of the Babe Ruth Field for the high school baseball games, effective with the start of the 1979 baseball season. Councilman Irwin suggested that maybe some of the high school boys could help with maintenance of the field during this year's season. Mr. Isham replied that sometimes they could and sometimes they could not, but he would check with the school officials about it. Mayor Jones then called for question on the above motion and the motion carried unanimously. ITEM VII - CONSIDERATION OF BIDS FOR PICKUP FOR PARKS & RECREATION DEPT. Mr. Isham presented the following three bids received for the purchase of an economy pickup for the Parks ,& Recreation Department. 1. Bruner Chevrolet Co. - - - -- -1977 Chev. Love ----------- $3,995.00 2. Pollen -Blue Ford Co. - - - -- -1978 (new) Ford Currier - -- 4,063.64 w/o air 3,678.99 3. Mitch Mayfield (individual)1975 Chev. Love----- - - - - -- 2,600.00 Mr. Isham advised the Council that he had $3,000 budgeted for a pickup, but would like to transfer funds from another account and buy the 1977 Chevrolet Love from Bruner Chevrolet Co. After considerable discussion, Councilman Irwin moved, seconded by Councilwoman Heath, to ask Councilman Anderson to examine the bids and check the vehicles and authorise the purchase of whichever vehicle Councilman Anderson and Mr. Isham decide would be the best !vehicle for the money. Mayor Jones and Councilman Riggins expressed their concern about exceeding the budget. After more discussion, Mayor Jones called for question on the above motion. The motion carried unanimously. ITEM VIII - ORDINANCE ADOPTED PROVIDING FOR THE CLOSING OF A PORTION OF THE CITY PARK AT NIGHT. Mayor Jones read the ordinance providing for the closing of a portion of the city park and designating the hours. The Council discussed the area of the path. =this ordinance would be stipulated in the _i After some discussion, Council man McGee moved,'seconded by Councilman Irwin, that the City Council pass and adopt the ordinance as read with the stipulation that the por- tion of the park this ordinance pertains to be set out in the ordinance. Motion carried ITEM IX- CONTRACT AWARDED FOR NEW CITY TAX MAP Mayor Jones read the two bids received for the updating of the 1956 city map. They are as follows: 1. Erath County Abstract Company ------------------------- $15,000. 2. King Abstract Company-------- --------- - - - - -- 10,000. Mr. Shelton advised the Council that $7,000 had been budgeted for this map and he thought the School and County would participate in the cost. Mayor Jones said that this map could be copyrighted when finished and the city could sell copies. The fees for said copies would be set at a later date when the map was finished and copyrighted. Mayor Jones also said this was something that was need- ed and this seemed to be the best price received. After some discussion, Councilwoman Heath moved, seconded by Councilman Hammett, that the City Council accept the low bid submitted by King Abstract Company for the sum of $10,000.00, for the updating of the 1956 city map with the city providing said supplies and personnel., Motion carried unanimously. , '° ITEM X- CONTRACT REFECTED FOR COLLECTION OF DELINQUENT TAXES Mayor Jones reminded the Council of a previous meeting in which Mr. Edwin R. 'York had presented a proposal for the collection of delinquent taxes. Councilman Irwin stated that, due to the good report the city has on its delinquent taxes, he believes the city can handle the delinquent tax problems with its own personne'. L. After some discussion, Councilman Irwin moved that the City of Stephenville refuse to grant the contract requested by Mr. York in regard to the collection of delinquent taxes. Councilwoman Heath made the second. Tax Assessor- Collector Groves came before the Council and presented a report of the delinquent taxes. In his report, Mr. Groves stated that at the present time there is a total of almost $69,000 due the city in delinquent taxes, dating back to 1939, of which approximately 50% is personal property taxes which are very hard to collect. Mr. Groves also stated that he had discussed this with the city attorneys and they are willing to do whatever is necessary to process these taxes. Mayor Jones then called for question on the above motion. The motion carried unani- mously. ITEM XI -BID AWARDED FOR PURCHASE OF ENCODER FOR WATER DEPARTMENT Mayor Jones advised the Council that ,$1,.000 had been budgeted for this equipment which would enable the Water Department employees to be contacted when they are away from the telephone. Director of Utilities Danny Johnson came before the Council and presented the fol- lowing three bids for the purchase of three pagers and one group call encoder and acc- essories: 1. Motorola Company------------------- - - - - -- $1,000 2. American Communications------------ - - - - -- 1,125 3. Plectron Corporation--------------- - -- - -- 1,148 Mr. Johnson explained that this encoder is expandable for other departments to be added, if so desired, at no expense. He also recommended the low bid of $1,000 sub- mitted by Motorola Company. Councilman McGee moved, seconded by Councilman Riggins, to accept the low bid sub- mitted by Motorola Company for the sum of $1,000.00 for the purchase of three pagers, one encoder and accessories for the Water Department. Motion carried unanimously. ITEM XII- ACCEPTANCE OF "AS BUILT" PLANS OF THE MCALISTER SECOND SUBDIVISION Director of Public Works R.Y. Gann came before the Council with the recommendation that the City of Stephenville accept the entire McAlister Second Subdivision and said Subdivision be put under the maintenance of city crews. Mr. Gann advised the Council that the McAlister Second Subdivision had been inspect'- ed and approved and the Maintenance Bonds had been posted. Mr. Gann said he had all copies of the "AS BUILT" Plans in his office available for inspection if anyone so desires. Councilman Irwin moved that the City Council accept the "AS BUILT" Plans of the en -', tire McAlister Second Subdivision into the City of Stephenville and the city assume the maintenance of the streets, utilities, etc., as set forth in the Subdivision Ordinance. Councilwoman Heath made the second. Motion carried unanimously. ITEM XIII- ACCEPTANCE OF PRELIMINARY PLAT PHASE II RIVER NORTH SUBDIVISION' Mr. R.Y. Gann presented the Preliminary Plat of Phase II of the River North Sub- division. Mr. Gann advised the Council that said plat had been reviewed by the City Planning and city personnel and approved by both. Mr. Gann said he was recommending and requesting the City Council to approve said plat as presented. Councilwoman Heath moved, seconded by Councilman McGee, that the City Council accept the Preliminary Plat, Phase II, River North Subdivision as recommended by Mr. Gann. Motion carried unanimously. 151. ITEM XIV -ZONING ORDINANCE AMENDMENT Mayor Jones explained that, due to a typing error several years ago in the Zoning Ordinance, Council action was needed to amend the Zoning Ordinance to legally correct the typing error. Councilwoman Heath moved, seconded by Councilman Hammett, that the City Council amend the Zoning Ordinance, SECTION 12, PARAGRAPH 3, PAGE 30, to read as follows: "For duplex and apartment houses in Section R -2, B -1, B -2, B -3 and I, two• (2) parking spaces, as defined in Section 3, shall be provided and maintained on the lot for'', each dwelling unit in the building." The motion carried unanimously. ITEM XV- DISCUSSION OF CIVIC CENTER STUDY PASSED Mayor Jones advised th!ACouncil that the discussion of procedure concerning the Civic Center Study would befpassed at this time as Mr. Gerald Cook of the Chamber of Commerce was not ready to make a presentation to the City Council at this time. ITEM XVI -PUBIL HEARING FOR CONSIDERATION OF REZONING PROPERTY Mayor Jones opened the floor for a Public Hearing for discussion of the rezoning of the', following property: After discussion and there being no objections, Councilman Irwin moved, seconded by Councilman McGee, that the City Council accept the recommendations of the Zoning Board and'', that Lot 4A, Block 40, Park Place Addition, be rezoned from R -2 to B -1 for the pur- pose of constructing an office building or buildings as requested by Mr. Fred Parker, along with a policy statement that appropriate property in that area will also be considered fo B -1 zoning. Motion carried unanimously. After discussion and there being no objections, Councilwoman Heath moved, sec- onded by Councilman Irwin, that the City Council accept the recommendations of the Zoning Board and that Lots 3, 4A and 4B, Block 96, City Addition, be rezoned from R-1 to B -1 for the purpose of constructing a clinic adjacent to the present hospital as requested by Dr. J.C. Terrell, Sr. Motion carried unanimously. Mr. Telefus Cawyer, Mr. Charles Hampton, Mr. P.D. Ash, Mr. Roger Prather, Mr. David Clayton, Mr. Kenneth Larner, Mrs. Lou Chumney, and Mr. Leon Manley came before the Council voicing their objections to the rezoning from R -1 to B -1 Lots 8, 12, 13, 15 and 16, Block 155, City Addition,.due to an increase in traffic in the residential areas and the fact that they do not want commercial property so near the churches and the high school and would like to keep this as residential property. After considerable discussion, Councilman Irwin moved, seconded by Councilwoman Heath, that rather than the City Council override the Zoning Board that the City Council refer this back to the Zoning Board for their reconsideration. Mayor Jones said he agreed with Mr. Irwin and asked that Mr. Irwin's motion be amended to include the Plan- ning Commission in the Zoning Board's meeting for reconsideration. Mr. Irwin accepted the Mayor's amendment. Motion carried unanimously. ITEM XVII - APPROVAL OF NEW GARBAGE FRANCHISE SIDE 2 Councilman Irwin, reporting for the Garbage Franchise Committee, advised the Council after numerous meetins, he felt they had finally arrived at the appropriate lan- and the conslusion that they have written the best franchise possible for the cit- of the city. Councilman Irwin made the motion that the City Council grant Mr. Billy R. Bledsoe the garbage franchise as provided therein which will extend his franchise from April 1, 1978'', to April 1, 1983. Councilman Ferguson made the second. Motion carried unanimously. he ITEM XVIII- APPOINTMENT OF PLANNING & ZONING COMMISSION AND BOARD OF ADJUSTMENT TABLED Mayor Jones advised the Council that he had not had a chance to study the Zoning lance as to what portion would need to be amended to provide for a Planning & :g Commission. Mayor Jones said that, if there were no objections from the Council, ruld try to have something ready by the April or May meeting. ITEM XX- RESOLUTION TO STEPHENVILLE INDEPENDENT SCHOOL DISTRICT Mayor Jones reminded the Council of the discussions in previous meeting with the school officials and the Soil Conservation officials regarding the water drainage from the Chamberlin School campus onto city streets. Mayor Jones said the Soil Conservation officials had advised him that a simple resolution authorizing the water drainage onto city'', streets would be sufficient. Mayor Jones then read the following resolution: Im RESOLUTION RESOLVED, THAT THE STEPHENVILLE, INDEPENDENT SCHOOL DISTRICT BE GIVEN THE CONSENT,OF THE CITY OF STEPHENVILLE AND SUCH CONSENT IS HEREBY GIVEN TO EMPTY WATER FROM THE CONCRETE LINED CHANNEL LOCATED ON CHA MBERLIN ELEMENTARY SCHOOL CAMPUS ONTO FREY STREET AND ONTO NORTH GAR-, FIELD AVENUE. Mayor Councilman Irwin moved, seconded by Councilman Hammett, to adopt and pass said Resolution as read. Motion carried unanimously. Mayor Jones asked Mr. Gann to follow up on the repair of Garfield Street. NEW BUSINESS Mayor Jones said he had received a letter from Mrs. Ellen Lane commending mem- bers of the Fire Department for their assistance in the delivery of the "Meals on Wheels" to senior citizens during days of ice and snow this winter. OLD BUSINESS #337 City Administrator Shelton reported that he had talked to the Soil Con- servation officials regarding the leasing of a City owned lot to them for overnight parking. Mr. Shelton said they were not in favor of leasing the north portion of said lot and felt that $75,00 per month was too much to charge for said lease. #351 Director of Parks & Recreation Ronnie Isham asked if the plans and dis- cussions regarding the civic center should go to the Planning Commission before being presented to the Council. Mayor Jones said he thought it probably should, but that he did not have any objections to the Chamber of Commerce coming to the Council with any recommen- dations they might have. 9385 Councilwoman Heath reported that she has asked for an indication from the Attorney General's Office as to whether or not it is legal for the County Com- missioners to charge the city rent for office space for the Municipal Judge located in the Erath County Courthouse and is now waiting for his answer. Mayor Jones said he would check with the TML and follow up on this in the near future. There being no other business to come before the Council, the meeting ad- journed at 8:35 p.m. a - , WARANS, I AN ORDINANCE PROVIDING FOR THE CLOSING OF A PART OF THE CITY PARK LOCATED IN STEPHENVILLE, TEXAS, MAKING IT A CRIME FOR OTHERS THAN CITY PERSONNEL TO BE THEREIN DURING SUCH CLOSING HOURS AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One The part of the City Park in the City of Stephenville, Texas, located south of the Bosque River and the two little league parks located north of the Bosque River, said two little league parks being separated from the rest of the park located north of the Bosque River by a gate, shall be closed each night from 10:00 o'clock p.m. until 8:00 o'clock a.m. of the following day beginning on November 1 of each year and ending on March 1 of each year, and said park shall be closed each night from 12:00 o'clock midnight until 8:00 o'clock a.m. of the following day beginning on March 1 of each year and ending on October 31 of each year, except when scheduled, park sponsored all -. night activities are in progress in said part of such park described above. Section Two No person other than authorized city personnel shall be allowed to be in the above described part of the City Park in the City of Stephenville, Texas, during the above indicated times that said park is to be closed. Any other person found in the park during these closing hours shall be in violation of this ordinance. Section Three Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $200.00. Section Four All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Five In view of the fact that this ordinance is necessary for the immediate protection and preservation of health and property and is necessary to the safety and general welfare, this ordinance shall be in full force and effect immediately from and after its passage and publication and it is accordingly so ordained. PASSED AND APPROVED this 7th day of March , 1978. Mayor ,° { If 91 oI o ! r� Asa e FRANCHISE TO BILLY R. BLEDSOE FOR GARBAGE COLLECTION AND DISPOSAL AN ORDINANCE GRANTING TO BILLY R. BLEDSOE A FRANCHISE TO FURNISH GARBAGE COLLECTION AND DISPOSAL SERVICE TO THE RESIDENTS OF THE CITY OF STEPHENVILLE. PERMITTING HIM TO USE THE STREETS, ALLEYS AND PUBLIC WAYS FOR THE PURPOSE OF FURNISHING AND PERFORMING THIS SERVICE AND PROVIDING FOR RATES AND CHARGES TO BE MADE BY BILLY R. BLEDSOE TO THOSE USING THIS SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS. Section One The Contractor is hereby granted permission to use the public streets, alleys and thoroughfares within the city limits of the City of Stephenville for the purpose of engaging in the business of collecting garbage, trash and refuse, for a period of five (5) years beginning on the lst day of April, 1978, subject to the terms and conditions set out in this agreement. Section Two The Contractor shall collect and dispose of all garbage, trash and refuse accumulated on premises within the corporate limits of - the City of Stephenville and beyond, for which service a charge shall be made and collected by the City, under the following regulations: A. Contractor shall pick up garbage cans from locations at residences within the City so long as such cans are located not more than two (2) feet behind the rear of the building line of the principal building at such residence, and it shall not be necessary for garbage cans to be placed adjacent to the curb line in order to be picked up by the Contractor; provided, however, that Contractor shall not be required to pick up any garbage can which is located more than one hundred (100) feet from an accessible street without special provisions being made with the Contractor by the owner of the premises. Nothing herein shall be construed to require Contractor or his employees must open any gate or fence to reach such cans. Household garbage will be picked up at these points, however, leaves, grass, and small hedge trimmings are to be placed on curb or in alley or utility easement in a container for pick up. The term all garbage, trash, and refuse as used herein does not include dirt, rock, water, lumber, large brush cuttings and large metal objects. All garbage cans without lids shall be turned upside down and all garbage cans with lids shall be recovered with said lids by the Contractor when emptied by said Contractor. All bagged leaves or grass will be picked up by the Contractor within one week from the time they are placed at the above indi- cated locations. B. City may require by ordinance or otherwise that where alleys or utility easements are in existence and in such condition as to be used for garbage service, that all residents of the City place garbage cans in alley or utility easement for pickup. Contractor shall not be required to pick up any garbage cans which are placed inside any building or structure. C. The Contractor shall be obligated to serve all garbage service accounts, and to service such additional accounts as may be directed by the City. D. Commercial boxes are to be furnished by the Contractor, and the Contractor is to return all lids on such com- mercial boxes to the closed position upon trash being . picked up from such boxes: Section Three The Contractor shall furnish at his own expense, all trucks, machinery, equipment, tools, superintendence, labor, insurance and other accessories necessary to efficiently render such service to the public. i6�Z o Section Four The Contractor shall dispose of all garbage, trash, and refuse collected pursuant hereto at the Landfill to be designated by the City and at no other place without the prior written approval of the City. Continued permitting of the blowing of paper or trash from the garbage trucks en route to the Landfill, after notice will be given to the Contractor before any action is taken by the City on the provision. Contractor will be allowed to use the Landfill during the same hours as such Landfill is open to the public. However, trucks which are engaged in commercial pickup shall be allowed to use said Landfill before 9:00 a.m. each morning. Section Five The Contractor will make the following number of collections of garbage, trash and refuse: A. In residential areas - -two (2) days per week; and it shall be the responsibility of the Contractor to obtain fre- quent list of new customers and to provide service immediately to said new customers, and the City reserves the right to refund charges where a customer has not been served by the Contractor. B. In public, business, commercial and all other areas - -at such times as may be requested by the owner or directed by the City Administrator of the City, but at lease as often as is required to adequately serve the patrons. affected. Section Six The Contractor shall indemnify and save harmless the City, its officers, agents, and employees for and from any and all loss, liability, claims, demands, actions or suits of any and every kind and description arising or resulting from or in any way connected with the operation of the Contractor hereunder. The Contractor shall carry at his own expense public liability insurance of one hundred thousand dollars ($100,000.00)- -three hundred thousand dollars ($300,000.00)--ten thousand dollars ($10,000.00), this to cover damage to persons and property as is customary in the State of Texas. Such insurance shall be carried with a recognized insurance carrier. A certificate evidencing such insurance cover- age will be delivered to the City Administrator of the City upon the execution thereof. Section Seven The City shall have full control over the Sanitary Landfill designated by the City and shall bear the full expense of operation thereof and shall retain all income from such operation except as may be determined by separate agreement. No charge shall be made against the Contractor for the use of said Landfill except as pointed out in this franchise. All trucks shall be unloaded by the time of closing each day. Section Eight The Contractor shall establish and maintain an office outside of the home of Contractor within the City of Stephenville and shall keep said office open during all normal business hours, and shall service all complaints relating to garbage collection service. When necessary, complaints shall be reviewed with the City Admini- strator'and the effort will be made to eliminate rather than answer complaints. Section Nine The City may, at any time the City Council does not deem the Contractor a fit and proper person to render the service authorized hereunder or determines that the general health and welfare of the citizens of the City of Stephenville will best be served by such action., after hearing, revoke and cancel this franchise, in which event the permit granted Contractor hereby shall be null and void. The hearing on such revocation and cancellation shall be held not less than ten (10) days after notice thereof has been given Con- tractor. Such notice shall specify the time and place of the hearing and shall list the reason why the health and general welfare of the City requires such revocation and cancellation. Said hearing shall be public, and the Contractor shall be allowed to be present and to be represented by Counsel and shall have full opportunity to disprove all charges and allegations set out in the notice. Said hearing shall be conducted by the City Council, and if the finding of fact made.after such hearing show Contractor is not a fit and proper person to conduct garbage collection service for the City as required hereunder and under the ordinances of the City, or show that the general health and welfare of the citizens of the City or the best interest of the City will be served by such action, then the City Council may revoke and cancel this franchise and same shall become null and void. In the event the City revokes and cancels this franchise under the foregoing provisions, at Contractor's option the City shall purchase all trucks, machinery, and equipment and tools regularly used by Contractor in performance hereof and shall pay Contractor therefor the agreed value of such trucks, machinery and equipment as of the time of revocation and cancellation. If the parties cannot agree on such value, same shall be determined by appraisal and if an appraiser may not be agreed upon, the City Administrator shall act as an appraiser. If the City Administrator and such appraiser cannot agree on an appraisal, they shall by agreement select a third appraiser and the City Administrator and the two appraisers so selected shall by majority vote determine the appraised value to be paid by City for such trucks, machinery, equipment, and tools. In the event the Contractor fails or reguses to appoint an appraiser within five (5) days after revocation and cancellation as herein provided, then and in that event, the City Administrator shall have the right to appoint an appraiser for the Contractor. In the event the City Administrator of the City and any such appraiser appointed by the Contractor fail, within three (3) days after said appraiser is appointed,, to agree, on another appraiser, Contractor shall appoint a new appraiser, and shall continue to so appoint new appraisers until the appraiser appointed by Contractor and the City Administrator shall agree on a third appraiser. Section Ten In the event of strike, act of God, catastrophe, or any other event that interrupts the efficient collection and disposal of garbage provided for herein, or the Contractor fails to operate the garbage collection service during this period, the City shall have the right to immediately take possession of all trucks, machinery, equipment, and tools used in connection with such service and operate same until such time as the condition which prevented normal operation hereunder ceases to exist.' - The City Administrator of the City shall determine if and when weather or other uncon- trollable conditions become so adverse that it is impossible to operate garbage collection service for the City of Stephenville hereunder. Section Eleven It is understood by and between the parties herein that the City is contemporaneously with the execution hereof revising its garbage franchise so as to provide for additional and more effi cient service by Contractor to the citizens of the City of Stephenville, but it is expressly agreed that the City reserves the right to regulate the charges made its customers for garbage collection, and that the City shall collect all charges made by it, except for extra hauling or special hauling which will be billed direct by Contractor. On the 1st day of each month, the City shall pay to the Contractor eighty -five percent (85 %) of the gross receipts from garbage collection charges on accounts actually serviced by the Contractor for the preceding month. The parties agree that the percentage division of gross receipts shall be negotiable upon application of either party. The Contractor shall make no charge for collection and disposal of the garbage accumulated by the City as long as such garbage can be collected on a regular collection route of Contractor as established hereunder. It is specifically provided that the Contractor may establish rates and make collec- tions from commercial, industrial, or other accounts not regularly collected by the City. Commercial, industrial, or other accounts as used in this ordinance include only those places of business that are not used as residences, and specifically do not include rental units, apartments, or other living accomodations held for rental. Extra hauling shall not be billed by the City, but shall be charged for at the gate at the same rate charged, other Con- tractors for such hauling. -I Section Twelve Negotiation of charges. It is expressly understood and agreed that at any time during the term of this agreement the Contractor may at his option, submit a request in writing for an adjustment in the established charges for refuse collection and that the City upon investigation and consideration of the circumstances surround- ing the request, may approve or disapprove the same. Section Thirteen Contractor shall have employees take necessary precautions before leaving City and before leaving landfill area to prevent papers, garbage, or boxes from blowing from trucks. Section Fourteen The Contractor shall .try to satisfy all complaints and when required, report same to City Administrator. Also, the goal of the City is to eliminate as many complaints as possible. To this end, the Contractor shall meet with the City Administrator when neces- sary to review any and all complaints. Section Fifteen All equipment, including trucks, necessary for the performance of this contract shall be in good repair and condition. A standby vehicle shall always be available. The trucks shall be all metal, with completely enclosed "packer" type bodies. The trucks shall not enter a residential area prior to 6:00 a.m. Section Sixteen The matter of providing "Free Servie" to needy customers shall be reviewed each year and shall be determined on an individual case basis, by a three (3) man committee to be appointed by the City Council. The "Free Service will be equally borne by the City and the Contractor so long as the number does not exceed fifty (50). Any number over fifty (50) will be exclusively by the City of Stephenville. Section Seventeen The Contractor shall not assign this franchise or any rights arising hereunder without the prior written approval and consent of the City. Section Eighteen It is understood and agreed by and between the Contractor and the City that deposits received by the City in connection with its water service shall be held by the City primarily for the satisfac- tion of water accounts. Any excess of such deposits shall be utilized for the payment of charges made for garbage collection and disposal service only after all amounts owing the City for water service shall have been satisfied therefrom. Section Nineteen If any clauses or paragraphs contained herein shall be deter- mined to be void by any court of competent jurisdiction, such determination shall have no effect on any other clause or paragraph contained herein. The term of this franchise shall begin on the 1st day of April, 1978, and shall extend for a period of five years there- after, subject to the provisions herein set out. 45"L 07 PASSED AND APPROVED this 7th day of March, 1977, effective April 1, 1978. - CITY OF STEP HENVIL Mayor ATTEST: 4 77,�'14 . ?OL- i ^1 l ity ecretary The above and foregoing franchise is accepted by me this 3rd day of April, 1978. 1 Z'AC�r /�Izjzz� (Billy R ledsoe) ol � sa ol .,