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HomeMy WebLinkAbout1973-04-03 - Regular City Council13 Stephenville, Texas i April 3, 1973 - The City Council met in regular session on the above date at 7:00 P. M- in Council Room at the City Hall with Mayor Donald R. Jones presiding and the following members present: Toby Stone, Larry Hammett, W. M. Irwin, Charles Riggins, Jack Curtis, Doug Smithey and Garland Loudermilk. Others present were: City Administrator Shelton, City Attorney Chandler, Director of Public Works Gann, Director of Parks and Recreation Isham, Fire Marshall Ferguson, and Water Supt. Johnson. Councilman Irwin moved to approve the minutes of the last meetings as written, seconded by Councilman Stone. Motion carried. Councilman Curtis moved to let Mrs. C. E. Simpson and Mrs. Mike Leese come before the Council in behalf of the Art Show even though they were not on the agenda for this meeting. Councilman Irwin made the second. Motion carried. Mrs. Simpson and Mrs. Leese were complaining of the charges to the Stephen- ville Federated Clubs for the use of the recreation hall for the art show they are sponsoring. After Mrs. Simpson had explained their complaints, Parks and Recreation Director Isham explained the letter they had received. Mrs. Simpson at this time said she believed there had been a misunderstanding on their part. Mayor Jones asked the Council to consider the Building, Electrical and Fire Prevention Codes. Mr. Dave Montgomery spoke to the Council in behalf of the builders of Stephenville,against the Building Code. After some discussion, it was the consensus of the Council that they needed to study the codes more thoroughly. The Mayor said he would arrange for a special meeting and that all the builders would be notified and for them to leave their names and addresses with Mr. Shelton, Councilman Riggins moved to accept the Resolution authorizing Mayor Jones to make application for a federal grant under Public Law 660, as amended, and to sign the Acceptance of the Offer, when made, and any other necessary documents required to complete the project for a sewer Outfall Line on behalf of the City of Stephenville. Councilman Smithey made the second. Motion carried. Election Judge Olen Fenner brought in the returns of the General Election , Which was held on this date. Mr. Fenner gave one copy of the official tally to the City Secretary and one copy to the Mayor. Mayor Jones appointed a committee of Councilmen Hammett, Loudermilk, and Smithey to canvass the election returns. The Mayor recessed the meeting at this time while the committee made the canvass of the election returns. The committee reported the following results of the canvass: The Referendum on the ,Leash Law "---------------- - - - - -- For - - -- -791 ------------------- Against -113 Councilman, Place 1----------------------------- ----- Charles Riggins -- -856 Councilman, Place 3, ------------------------- - - - - -- -James T. Chambers -886 Councilman, Place 5---------------------- - - - - -- - - -- -Jesse M. Sexton - - -465 ------------------------------ - - - -W. M. Irwin - - - - -- -435 Councilman, Place 7---------------------------------- Raymond Anderson - -461 ---------------------------- - - - - -- Charles R. Jacobs -439 Councilman Loudermilk moved to accept the election returns as reported. Councilman Hammett made the second. Motion carried. Mr. Don McNiel, attorney for Bill Bledsoe, spoke before the Council concerning the insurance rate on the garbage trucks. Due to cost per truck, he asked that the insurance coverage be reduced to the original amount of $1.0,000. - $20,000. - $5,000. Councilman Irwin moved to accept the Garbage Franchise with the lower I insurance coverage. Councilman Stone made the second. Councilman Curtis asked for more discussion on -a definite date to review the Franchise in ninety days. After quite a bit of discussion, the Mayor called for a vote on the above motion. Motion carried. City Administrator Shelton had received the following bids for a 2ton pickup for the Water Dept.: Herrin Motors ------------------------- $2,721.33 Bruner Chev. Co.---------------- - - - - -- 2,725.46 Burgess Motors------------------ - - - - -- 2,897.65 Motion was made by Councilman Hammett, seconded by Councilman"Loudermilk', to accept the lower bid of Herrin Motors. Motion carried. The Council discussed the "Over 65 Tax Exemption ". Mayor Jones asked City Attorney Chandler to check to see what the specifications are in regard to having to take some kind of affirmative action and what period of time we have to do that. No action was taken at this time. Mayor Jones stated that as the "Dog Leash Law" had passed by such a large margin that he was going to ask City Administrator Shelton to contact other towns of comparable size as to the type ordinances they have. Also would need to prepare facilities for the care and feeding of the dogs. Mayor Jones said he would contact some of the local veterinarians about the possibility of a contract with one of them. City Administrator Shelton reported that L. D. Frank with Frank's T.V. Service, would install a microphone system consisting of six micro- phones and two speakers for $1,000.00. Councilman Irwin moved to appropriate the $1,000.00 for the purchase of a microphone system. Councilman Smithey made the second. Motion carried. Councilman Stone moved to accept the dedication of Allen Drive in the McAllister Second Addition. Councilman Curtis made the second. Motion carried. Councilman Second Addition. of the McAlister Motion carried. published in- ...the atone introduced the Annexation Ordinance for the McAlister Councilman Curtis moved to accept the Annexation Ordinance Second Addition. Councilman Loudermilk made the second. Final action cannot be taken until this Ordinance has been newspaper one time prior to final action. Councilman Stone introduced the Annexation Ordinance of the Liveoak Addition. Motion was made by Councilman Curtis, seconded by Councilman Hammett, that we accept the introduction of the Liveoak Annexation Ord- inance and that it be published in the paper one time 30 days prior to final action. Motion carried. Motion was made by Councilman Cur to have City Attorney Chandler prepare north of Liveoak Addition and south of above motion and second was withdrawn. Council, will refer this annexation to recommendations. tis, seconded by Councilman Loudermilk, an ordinance to include that property the Loop. After some discussion, the The Mayor, with the consent of the the Planning Commission for their Mr. C. H. Maguire, Jr. appeared before the Council in behalf of the Industrial Foundation to present the dedication of Celebrity Ave. to the City. This is a 60 foot street east of Celebrity Homes Corp. After quite a bit of discussion, Councilman Stone moved to accept the dedication of Celebrity Ave. and that the City is under no obligation to pave the street. Councilman Loudermilk made the second. Motion carried. City Administrator Shelton presented a proposal from the Library for some remodeling at an estimated cost of $4,000.00. It was the consensus of the Council to table this until the next Revenue Sharing check came in. Councilman Smithey moved to appoint Marshall Shelton, Dear} Cox, and Rufus Taylor to serve as a committee on the "Free Garbage Service". Councilman Irwin made the second. Motion carried. Councilman Smithey moved to appoint George Black, Neal Guthrie, Dick Smith, John Morehart, Kenneth Larner and Ben Gilbert to three year terms on the Planning Commission. Councilman Irwin made the second. Motion carried. Motion by, Councilman Smithey., seconded by:CouncilmancRiggins, to appoint Mr. W. P. Showalter to the Board of Equalization in place of Mrs. Dorothy Watkins, who lives out of the city limits. Motion carried. Councilman Curtis moved to let Mr. Dave Johnson, who was not on the agenda for this meeting, appear before the Council. Councilman Smithey made the second. Motion carried. Mr. Dave Johnson was present and came before the Council requesting some consideration of the double water billing on his store and his home which are on the same water meter. After some discussion, Councilman Stone moved to let Mr. Johnson remove the water line from his business and have only his home on the water meter and the billing for one minimum be retroactive to March 15, 1973. Councilman Hammett made the second. Motion carried. Councilman Stone moved to put a 500 foot buffer zone on the north side of the Sanitary Landfill. Motion died for lack of a second. Councilman Loudermilk brought up for discussion the fact that we had ` asked Hunter & Associates to get some information on a lake on the Bosque River below town. Also if we could receive a grant on that. Councilman Riggins said they had reported back and that they could find no one inter- ested in it and could find no money available. Councilman Loudermil asked that the Council check into the feasibility of the City building a lake as it would bring some industry to the City such as the leasing of lots, fish- _! ing permits, boating permits and others. I 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 STEPHEN - VILLE; 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 City of Stephenville, hereinafter called "City" hereby grants to Billy R. Bledsoe, herein called "Contractor" a franchise to furnish garbage, trash and refuse collection to residents of the City. The Contractor is hereby granted permission to use the public streets, alleys and thorough- fares 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 A.D. 1973, 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 from garbage cans and receptacles 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 resi- dence, 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 metalobjects. 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 pick - up. 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. 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. /o ®A a 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 enroute:to the Landfill,, after notice from the City, will con- stitute a breach of this:nontract, but notice will be given to the Contractor before any action is taken by the City on this provision. 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; B. In public, business, commercial and all other areas - at such times as may requested by the owner or directed by the City Administrator of the City, but at least as often as is required to adequately serve the patrons affected. Section Six The Contractor shall indemmify 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 ten thousand dollars on any one person, twenty thousand dollars ($20,000.00) on any one accident and five thousand dollars ($5,000.00) on property damage, 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 coverage 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 des- ignated 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 provided in this franchise. Section Eight The Contractor shall establish and maintain an office 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. Section Nine The City may, at any time the City Council does not deem the Con- tractor 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 and franchise granted Contractor hereby shall be null and void. The hearing on such revocation and cancellation shall be held not less than ten (lo) days after notice thereof has been given Contractor. Such notice shall be deemed to have been given when placed in the regular mail to the last known address of the Contractor. 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 s W 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 ordi- nances 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 equip- ment 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 ap- praiser may not be agreed upon, the City Administrator shall act as an appraiserand Contractor will select an appraiser. If the City Administra- tor and such appraiser cannot agree on an appraisal, they shall by agree- ment select a third appraiser and the City Administrator and the two ap- praisers 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 refuses 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 anddisposal 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 Administra- tor of the City shall determine if and when weather or other uncontrollable conditions become so adverse that it is impossible to operate garbage col - lection service for the City of Stephenville hereunder. Section Eleven It is understood by and between the parties herein that the City is with the execution hereof revising its garbage franchise so as to pro- vide for additional and more efficient service by Contractor to the citi- zens 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 Con- tractor. On or before the 1st day of each month, the City shall pay to the Contractor ninety two and one half (922) percent 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 E collections 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 Contractors for such hauling. 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 e request in writing for an adjustment in the established charges for garbage and refuse collection and that the City upon investiga- tion and consideration of the circumstances surrounding 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. 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 Service" to needy customers 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 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 primarly for the satisfaction 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 determined to be void by any court of competent jurisdiction, such determination shall f— have no effect on any other clause or paragraph contained herein. The term of this franchise shall begin on the 1st day of April, 1973, and shall extend for a period of five years thereafter, subject to the pro- visions herein set out. PASSED AND APPROVED this 3rd day of April, 1973. ATTEST: i cretary The above and foregoing franchise is- accepted by me this 3rd day of April, 1973. MI ®1 ®I 0i — Counoilman Hammett asked about making the street in front of the Coco Cola Bottling Plant one way. Also the Mayor wanted someone to check on putting �'No Parking" signs on the west side of Cain St. at the College. Mr. Sandlin reported that he had attended a meeting of the Brazos River Authority and they have no plans for the development of a lake on the Bosque River. Mr. Sandlin also said the City would need to contact the Brazos River Authority to let them know we are interested in developing a lake in this area and find out what procedure would be necessary to start. Mayor Jones said he would like to give some ;i.thought -to appointing a committee to contact and to attend some meetings of the Brazos River Authority. The Mayor adjourned the meeting. ATTEST: it Secretary IC 5