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HomeMy WebLinkAbout1973-11-06 - Regular City Council122 November 6, 1973 Stephenville, Texas The City Council met in regular session on the above date with Mayor Donald R, Jones presiding and the following members present: Jim Chambers, Charles Riggins, Raymond Anderson, Larry Hammett, and Jesse Sexton. Others present: City Administrator Shelton, Director of Public Works Gann, Director of Utilities Johnson, City Attorney Chandler, Director of Parks & Recreation Isham, Fire Marshall Ferguson and City Inspector Lookingbill. Councilman Sexton,moved, seconded by Councilman Chambers, to approve the minutes of the October 2nd and October 16th Council meetings as written. Motion carried. Mayor Jones moved the Committee report concerning the Girl Scout Bldg. to later in the meeting. - Mr. Bob Herrin,s request that his property on the Fort Worth Highway be taken into the City limits was tabled as Mr. Herrin had not given k the field notes to City Attorney Chandler. 123 Mr. Mack Spurlock, with Warner Cable T.V. was present and came before the Council to discuss the rate increase and the franchise renewal., The Mayor and Council had copies of an audited financial statement they had requested at a previous meeting. They also had copies of:a rate survey that City Administrator Shelton had compiled of other cities of comparable size. After X quite a bit of discussion, the motion was made by Councilman Chambers, seconded by Councilman Hammett, that the application by Warner Cable T. V. for an in- crease in rates bo granted and that we amend our present rate ordinance accordingly. Motion carried. --The above-motion was amended to. _include that the rate increase to be effective January 1, 1974. The installation, moves,:;.and_.reconnect- charges to be effective November 7, 1973. Mayor Jones called for question again and the motion carried. Mr. C. N. Merrill, Special Election Judge, presented the election returns to the Mayor. Mr. Merrill reported that 513 voted and 493 for Roy McCoy. Mayor Jones appointed a committee of Councilmen Chambers, Sexton and Riggins to canvass u the returns. The Committee reported that the returns were in order. Motion /\ was made by Councilman Chambers, seconded by Councilman Riggins, to accept the report of the canvassing committee. Motion carried. Roy D. McCoy, by a majority vote, was to come forward to be sworn`.in. Councilman McCoy then took his place at the Council table. Councilman Riggins reported for the Committee on the Girl Scout House. He reported that the house had been appraised at $4000.00 to $4500.00 and that the committee recommends that the City not purchase,this house. Councilman Riggins stated that the Committee and members of the Girl Scout Advisors had discussed the possibility of using two acres in the Jaycee Park. The ideal location being on Harbin Dr., approximately where the entrance to the park is now located. There will be problems of water and sewer to this area. Mrs. Arlon Weems and Mrs. Jack Berry representing the Girl Scouts were present. Director of Public Works Gann recommended that the City install water and sewer to this area regardless of whether the Girl Scouts build here or not, at a cost of approx- imately $8,000.00 for water -and $1,500.00 for sewer. The Presbyterian Church . would have.to pay their share for tying onto sewer line, .Mayor Jones brought up the question that if the Girl Scouts build on City property for their ex- clusive use, is it legal? Mayor Jones, with the consent of the Council, deferred this to City Attorney Chandler for a legal opinion and as soon as a decision as to the legality has been made a special meeting will be called for the Council to make a decision on this matter. Councilman Sexton moved that Mr. W. H. Roberson-be allowed to appear before the Council as he was not on the agenda. Councilman Riggins made the.second. Motion carried. Mr. Roberson presented Mr. Bob Green, Assistant Manager of the Southwestern Peanut Grower s. Mr. Green read a Resolution opposing six changes that Secretary of Agriculture Butz is proposing in the 1974 peanut program. Mr. Green asked the Council to adopt this Resolution and send copies to the district repre- sentatives. Councilman Chambers made the motion, seconded by Councilman Sexton, to adopt said Resolution. Motion carried. Director of Parks & Recreation Isham came before the Council with the revision of the equipment charges for the Park Improvement Project. The Parks & Wildlife Dept. had thought the first charges submitted to them were too high. Mr. Isham stated that he intended to send a letter along with the revision of charges, reserving the right to renegotiate prices in six months. Motion was made by Councilman Anderson, seconded by Councilman Chambers, to amend our prior Resolution adopting the equipment rental charges to those recommended by Mr. Isham at this time with the right to renegotiate at a later date. Motion carried. Mr. Isham said it would take approximately three weeks to find out whether or not they accept these changes. Councilman Chambers moved, seconded by Councilman Hammett, to let Mr. Donald Pea- cock come before the Council as he was not on the agenda for this meeting. Motion carried. Mr. Donald Peacock came before the Council in regard to paving on Fifth Street. Mr. Peacock stated that he had been told when he purchased this property that the City would do the paving. He had sold part of this property and had based his price on this basis, now he has been told that he will have to pay for the paving. Mayor Jones explained that the City Policy had been established that the City would not pave if the street had been designated but not cut or traveled for a period of time. Mr. Peacock said he thought it would be advantageous to newcomers to have some policies in written form that could be given to people that are interested in the development of property. Mayor Jones offered his apologies to Mr. Peacock for the misunderstanding. Mr. Cal McGee, Chairman of the Plumbing Board, came before the Council to pre - sent the recommendations .of.'the Plumbing Board. The Recommendation is to amend Article 4, Section 3, of the City Plumbing Code from the beginning of Section 3 to the beginning of the fourth paragraph from the end. This part relating to X permits, inspections and fees. After quite a bit of discussion, Councilman Hammett made the motion, seconded by Councilman Sexton, to accept the recommenda- tion of the Plumbing Board. Motion carried. The above amendment to be effective January 1, 1974. Mayor Jones stated that he had received a letter from Dr. Vance Terrell in the regard to the appointment of an Airport Advisory Board. Mayor Jones recommended to the Council that the present Ordinance be amended to read that the Airport Advisory Board be composed of 5 to 6 members, remove the staggered terms. Mayor Jones, with the consent of the Council, asked City Attorney Chandler prepare an amended Ordinance that would eliminate the 12 member requirement, that would eliminate the 2 year terms, leave in that they would be appointed by the Mayor, with tht advice and consent of the Council, and remove the staggered terms and present to the Council for approval. If the Council is in agreement, go ahead and appoint and confirm the Board members. City Administrator Shelton brought before the Council for discussion the Sewer Outfall Line and the increase in sewer rates. Mr. Shelton suggested that the City do the work on the Outfall line on a force account basis as the City does have or anticipates having the money that is not presently budgeted. Mr. Shelton also stated that Mr. Gann could supervise the work and take bids on any work that the City could not handle. Director of Public Works Gann came forward and told the Council that he thought this would be a cheaper way for the City to get the work done. Mr. Gann said he would be glad to work up a cost estimate if the Council thought they would want to go on this basis. Mayor Jones pointed out that this plan would be financed strictly by the City without issuing time warrants or a bond issue or borrowing the money. This would be using the money the City has or could acquire through Revenue Sharing or whatever. It was the consensus of the Council to check all points as to the legality and The Water Quality Board for the grant and Homer Hunter for feasibility of this concept. If all checks out and it will save money for the City to go ahead with this plan. The Council discussed an increase in sewer rates. Councilman Riggins moved, seconded by Councilman Chambers, to increase the sewer rates from $1.00 to i,5a$ effective January 1, 1974. After more discussion, Councilman Riggins withdrew the above motion. It was the consensus of the Council for Mr. Shelton to check further on the present sewer rates and report to the Council at the next meeting. Mayor Jones explained to the Council that a previous Council had adopted, some years back, the charges on an oversize water meter deposits with quite a few gs in it and it has never been enforced. The charges were $7.50 for 5F X 1/2 inch meter and $15.00 for a 2 inch meter. After some discussion, Councilman Riggins moved, seconded by Councilman Sexton, to adopt the following charges for water meter deposits: The Mayor joined with Councilman Hammett in commending Mr. Danny Johnson and his crew for the good job they did installing the water line to the Toby Stone property on the South Loop. Mayor Jones reported that a Claim had been filed regarding the money in the savings account of the Senior Citizens but that a date has not been set for a hearing. Mayor Jones also reported that he had received a letter from Mr. Dan Wolfe in regard to the appearance of the landscaping on the square. Mr. Wolfe would like to make some constructive suggestions. Mr. Wolfe also said he could get some of the plants replaced at wholesale price and would meet with the Council to outline the care of the plants that would be effective. This letter was referred to Mr.' Shelton. Mayor Jones asked that a letter be written to the Conoco Station on the corner of W. Washington,and Harbin Dr. asking them to move their signs back as they are blocking the view down the highway. City Administrator Shelton reported that someone had broken into the Dog Pound and took a poodle that was under observation for Rabies and now the owner wants the City to pay him $35.00 which was what he had paid for the dog. Mr. Chandler advised paying the man for his dog. Meeting Adjourned. A TEST: Ci Secretary Mayor 5/8 X 1/2 inch meter ---------- $7.50 5/8 X 3/4 inch meter---- - - - - -- 7.50 3/4 inch meter---- - - - - -- 9.' 00 1 inch meter ---------- 11.0 12 inch meter ---------- 13.00 2 inch meter ---------- 15.00 Motion carried. The Mayor omitted the discussion of Water and Sewer line extensions policy due to the fact that it had not been taped and made ready for presentation to the Council. The Mayor joined with Councilman Hammett in commending Mr. Danny Johnson and his crew for the good job they did installing the water line to the Toby Stone property on the South Loop. Mayor Jones reported that a Claim had been filed regarding the money in the savings account of the Senior Citizens but that a date has not been set for a hearing. Mayor Jones also reported that he had received a letter from Mr. Dan Wolfe in regard to the appearance of the landscaping on the square. Mr. Wolfe would like to make some constructive suggestions. Mr. Wolfe also said he could get some of the plants replaced at wholesale price and would meet with the Council to outline the care of the plants that would be effective. This letter was referred to Mr.' Shelton. Mayor Jones asked that a letter be written to the Conoco Station on the corner of W. Washington,and Harbin Dr. asking them to move their signs back as they are blocking the view down the highway. City Administrator Shelton reported that someone had broken into the Dog Pound and took a poodle that was under observation for Rabies and now the owner wants the City to pay him $35.00 which was what he had paid for the dog. Mr. Chandler advised paying the man for his dog. Meeting Adjourned. A TEST: Ci Secretary Mayor 16.4144 (A206S)— RETURNS OF CITY OFFICER ELECTION (1969) The Stock D6., Steck- Warllck Ca, Austin, Texas Election Returns For City Officers' Election THE STATE OF TEXAS CITY OF sJ ��h C'",2 TO THE CITY COUNCIL— COMMISSION) OF THE CITY OF �� n V r �r� y TEXAS: `T. I, the undersigned, the presiding judge' for' an election held in Election Precinct No. at C/ (° CrL' IC-11,0Z) bk// Building, in said City on the — day of V- 19-2j–, for the purpose of electing the hereinafter named officials, do hereby certify that at said election only resident qualified voters of said city were permitted to vote, and that there were votes cast, and that said respective candidates each received the following number of votes, to -wit: FOR MAYORS NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED FOR ALAN /COMMISSIONER! NAME OF CANDIDATE alci � FOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED'' I r TOTAL NUMBER OF VOTES RECEIVED e+ 0 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED i I herewith enclose poll list andr tally sheets of said elec'tiioojn.�� WITNESS MY HAND this the —r,Q day of 19 Proolding Judge 2, 7 •Strike one not applicable. •Strike if not applicable. •If Aldermen are elected by the place system, insert the place to be filled. Y� TALLY LIST OF THE t. E L HELD HELD ON THE 4ryDAY OF No ve >2,? e r 19_ �7 c� In Election Precinct No. Er County, Texas AS MANY AS 1200 TALLIES PER CANDIDATE (Use as many lines or as few lines as necessary for each candidate or proposition. There are 150 tallies for each single line.) This Form is prescribed in accordance with the Texas Election Code. (See last page of Tally List for Election Code Sections and Affidavit.) i 16 -3756 A1917 —Tally List (1969) Stack Warlick Co., Austin, Texas l� l If the election is for the purpose of voting on candidates for office, indicate the name of the office in the 1st column and the names of the candidates in the 2nd column, allowing as many lines as necessary for each candidate as there are votes cast In the election. If the election Is for the purpose of voting for or against certain propositions, indicate the words "FOR" and "AGAINST" in the tat column and the various propositions should be listed in column two, alloMnpk,as many lines as necessary for the affirmative and for the negative on each proposition as there are votes cast In the election. OFFICE OR "FOR" AND "AGAINST" CANDIDATES - OR PROPOSITIONS 5 10 15 20 25 30 35 40 45 50 55 C t m � i l U S& ax, _ f it l� EXAMPLE FOR Proposition No. 1 rn4 N n4l IN nu fNJ AGAINST Proposition No. 1 MAYOR 'John Doe RECORD TALLIES 5 VOTES TO A SQUARE LIKE THIS N 60 165 170 175 180 185 I 90 I 95 1 100 1 105 1 110 1 1151 1201 125 1 130 ( 135 1 140 1 1451 150 II TOTAL TEXAS ELECTION CODE Art. 16 (Vernon's Art. 3.02). In elections where paper ballots are used, the ballots shall be counted by one or, more sets of counting officers, each set to consist of one judge or clerk who shall read the ballots, and one or more clerks who shall enter the votes on tally lists prepared for the election. As a safeguard in the accuracy of the tallying, the votes shall be entered on three original tally lists, and during the progress of the counting the lists shall be compared and errors and discrepancies shall be corrected, and at the close of the counting the tally clerks shall certify offi- cially to the correctness of the lists. Art. 111b (Vernon's Art. 8.29b). Copies of returns, poll lists, and tally lists; distribution: (a) In precincts using paper ballots. In all general, special and primary elections, the number" of copies of the returns, poll list, and tally list required for each precinct in which paper ballots are used shall be as follows: four copies of the returns, four copies of the poll list, and three copies of the tally list. These records shall be distributed as follows: (1) One copy of the returns, poll list, and tally list shall be delivered to the presiding officer of the authority which canvasses the returns (the county judge in elections held by the county; the mayor in city elections; the presiding officer of the governing board in elections held by other political subdivisions; and the chairman of the county executive committee in county primary elections) and shall be preserved by the canvassing authority for sixty days from the day of the election. (2) One copy of the returns, poll list, and tally list shall be delivered to the proper officer (the county clerk in elections held by the county and in county primary elections; the city secretary or clerk in municipal elections; and the presiding officer of the governing board in elections held by other political subdivisions), to be kept by him in his office open to inspection by the public for sixty days from the day of the election. (3) One copy of the returns, poll list, and tally list shall be placed in the ballot box containing the voted ballots. (4) The presiding judge shall retain in his custody one copy of the returns and one copy of the poll list of the election, and shall keep the same for sixty days after the day of the election, sub- ject to the inspection of anyone interested in such election. I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING IS A TRUE AND COR,, RECT TALLY LIST KEPT BY ME FOR THE ABOVE DESCRIBED ELECTION. Clerk who kept this Tally List.