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HomeMy WebLinkAbout1972-08-02 - Regular City CouncilAugust 2, 1972 Stephenville, Texas The City Council met on the above date in regular session with Mayor Don Jones Presiding $nd the following members present; Raymond Anderson, Jack Curtis, Charles Riggins, Doug Smithey, Toby Stone, Garland Loudermilk, and W. M. Irwin. Others present were: Department of Public Works Gann, City Attorney Chandler, Director of Parks & Recreation Isham, City Administrator Shelton, Chairman of the Equalization Board Blanchard, Chief of Police Holmes, and Fire Marshall Ferguson. Chamber of Commerce Manager Cook along with Sargeants Womack and Pollack ap- peared before the council in reference to a community relation program offer- ed to a nine county area, Erath county being included. This program is offer- ing the services of machinery and manpower in small scale work projects in these counties. This is done by an Engineering Division out of Fort Hood. Specifications of this project include a complete set of blueprints, a re- lease signed by the City Administrator specifying that local contractors were not being denied the job and also a liability release from the danger of any civilians getting hurt by their equipment on the site. everend Oliff appeared before the council on behalf of the Senior Citizens Center requesting that the Senior Citizen Center's budget be separated from the Park and Recreation. Also that $4,894.00 be allowed for salary expense beginning April, 1973 to September, 1973. A.motion was made by Councilman Loudermilk, seconded by Councilman Irwin, that this request be considered with the rest of the budget. It was brought before the council at:;athis time by the Chairman of the Equal- ization Board, E. A. Blanchard, that the tax roll for 1970 reflects that the personal property tax of Lone Star Gas Co. was $24 #,$00. It,was point- ed out by Mr. Blanchard that the Equalization Board had set Lone Star's tax at $220,000. and that the council raised it to $244,900. After dis- cussion of this matter it was decided that this action of the council to increase the individual tax rate base would not be valid ant that the tax rate base should have been $220,000. and that this figure should be reflect- ed in the present minutes and that the 1970 tax roll and delinquent tax roll be changed to show that Lone Star's personal taxes should be $220,000. This was in agreement with both the Equalization Board and the City Council. ORDINANCE DEFINING "DOG KENNEL ", REQUIRING LICENSE FOR MAINTAINING A DOG KENNEL WITHIN THE CITY OF STEPHENVILLE, FIXING LICENSE TAX THEREFOR,, PROVIDING FOR INSPECTION OF KENNEL BEFORE ISSUANCE OF LICENSE, REQUIR- ING DISPLAY OF LICENSE, REQUIRING RECORD TO BE KEPT BY CITY, PROVIDING FOR REVOCATION OF LICENSE, PROHIBITING MAINTENANCE OF DOG KENNEL WITHIN 100 FEET OF RESIDENCE, CHURCH, SCHOOL OR HOSPITAL OTHER THAN RESIDENCE OF THE KEEPER OR OWNER OF KENNEL, MAKING VIOLATION OF ANY PROVISIONS OF ORDINANCE AN`_; OFFENSE, PROVIDING FOR PENALTY AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One A dog kennel within the City of Stephenville is hereby defined as any lot, enclosure or premises or structure or building, except a veterinary hospital, whereon or wherein four or more dogs over the age of six (6) months are kept or maintained for any purpose whatsoever. Section Two Any person in the City of Stephenville conducting, managing or 4 maintaining a dog kennel shall obtain a license to do so from the City Secretary and shall pay a license tax as follows: (1) For any such kennel where less than 15 dogs are kept, $25:00 per year or fraction thereof for year remaining. Ll (2) For any such kennel keeping 15 to 25 dogs, inclusive, $50.00 per year or fraction thereof for year remaining. (3) For any such kennel keeping over 25 dogs, $100.00 per year or fraction thereof. Such license tax shall be for the calendar year or any part thereof during which such dog kennel shall be maintained and shall be due and payable in advance on or before January 1st of each year. Section Three An inspection shall be made of the premises on which the pro- posed kennel is located by the City Secretary before a license shall be issued by him. The City Secretary shall determine the fitness of the proposed location from the standpoint of sanitation and humane treatment of dogs to be kept there prior to his issuance of the license. He may refuse to issue the license should he find conditions not meeting the mentioned specifications. Section Four City Secretary shall keep or cause to be kept under his direc- tion a permanent record of all dog kennel licenses issued under this ordinance, which record shall show the name and address of all persons to whom kennel license has been issued, the number of the license and the date of the issuance and the amount paid therefor. Section Five City Secretary may revoke the kennel license of any dog kennel at any time for failure of the licensee to keep his premises in a sani- tary condition and in a humane condition, or for failure to abide by any of the provisions of this ordinance. is Section Six It shall be unlawful for any person to keep, possess or main- tain in the City of Stephenville a dog kennel within 100 feet of any - actual residence or habitation for human beings, g or within 100 feet of any church, school or hospital, other than the residence of the keeper, possessor or owner of such dog kennel, such distance of 100 feet to be measured in a straight line from the nearest point of any kennel, pen, enclosure or other structure in which such dogs are kept, to the nearest point of such actual residence or place of human habi- tation, or church, school or hospital. Section Seven Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $200.00, and each violation hereof shall constitute a separate offense. Section In the event any section, clause, sentence or paragraph or I I any portion of this ordinance shall for any reason be adjudged by any II court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate the remainder of this ordinance. Section Nine The welfare of the citizens of Stephenville requires that this ordinance go into effect immediately from and after its passage and publi- cation as provided by law and it is so ordered. PASSED AND APPROVED this 11th day of Jul 72, 9-zur�P�2� ATTEST: Mayor City Secretary C� FJ STATE' OF TEXAS ClUNTY OF Erath Before me, the undersigned authority, on this day personally appeared Darwin Ellis who, being by me duly sworn, deposes and says: That I am the publisher of the Stephenville Empire - Tribune , a newspaper published in Erath County, Texas, having a general circulation in Erath County, Texas. The foregoing attached notice was published in said news- ale paper once each week for two consecutive weeks, to wit: 19 August 9 , 19 72 , and , The charge for publishing said notice is based on the.rate of $21.45 , which is the lowest published classified rate of said newspaper. Subscribed and sworn to before me this the / day of'�� 196��•' Notary Public i_n, and fo ,_ r =N��xue�n��ana�u� flilir7i'�� q s ase "`t� cad ea,d ad tea fy r dour P6f� "c , I-M�J 1P, or"�d e ark — G4 Ifi c r tr iea ¢tiriEf g4 A t a ;o>?tcd�fi �UthfPa`BTf. °unclil� ", _..: Pill I OEM �2Y¢ tiy�fthis'� �"dr�lay�ofefit�al � Secre 83 The question was also raised to sonsider a request from Jess Johnson, repre- senting Lone Star Gas Co., that the gas rate increase be considered since it was not on the agenda. Councilman Stone motioned and Councilman Curtis seconded it, to waive procedure and to consider the rate increase at this time. The motion passed. After discussion, Councilman Irwin made the motion to hire a rate expert to determine whether the increase is warranted. This motion was seconded by Councilman Loudermilk, and passed. The rate consultant to be determined by the City Administrator. Councilman Curtis spoke before the rest of the council for the Park and Re- creation on the Park Extension Program. After discussion, Councilman Curtis, made the motion which was seconded by Councilman Smithey to approve the re- port as written and appropriate $20,300. in cash and $28,942. in kind work. After more discussion, Councilman Curtis motioned to table the prior motion until after looking at the budget. Councilman Riggins seconded the motion and it was passed. At this time City Administrator Shelton reported on the landfill situation with recommendations to be made in the future. No action was taken at this time. Mr. Shelton then asked the council for adoption of a Personnel Policy Manual. This manual to be presented to each employee of the city and to future �! employees, to better acquaint them with their city's policy. Councilman Riggins motioned and Councilman Anderson seconded that the manual be-adopt- ed by the City. Motion carried. It was then brought before the council by City Administrator Shelton that since Philip Ferguson, City Secretary and Tax Assessor & Collector, had left the services of the city that the city was without a Tax Assessor - Collector. Councilman Irwin motioned and it was seconded by Councilman Smithey, toL appoint Robert Groves as City Tax Assessor - Collector. Motion passed. (� After some discussion on the need for mote water in the northwesterly part of the city, it was motioned by Councilman Anderson that the city should run a 12" water line from Davis Ave. up the Lingleville Road to F. M. Loop 988 into an existing 12" line. This motion was seconded by Councilman Smithey and the motion carried. In view of the action taken regarding the 12" line and based on its approval Councilman Stone motioned to issue a permit for a sprinkling system to water the grass at the Tarleton Arms Apartment complex and approval of the pre - liminary plat of the North Hillcrest Addition. Councilman Curtis seconded this motion and it was passed but with temporary restrictions being placed on the sprinkling system. Until the 12" line is completed, Tarleton Arms can only water from midnight until four (4) in the morning. At this time sealed bids for the annual supply of diesel fuel and gasoline were opened and considered. Only two bids arrived in time to be considered and they were: Gulf: .1592 Premium .1580 Kerosene .1392 Regular .1250 #2 Diesel Fuel Conoco: .1520 Premium .1500 Kerosene .1320 Regular .1250 #2 Diesel Fuel Councilman Loudermilk moved to accept Conoco's bid. Councilman Curtis seconded and the motion passed. At this time a motion was made and seconded for the City Administrator to invite bids for the depository of city funds the coming year. Motion Passed. An Ordinance (See attached copy) to sell a portion of Post Oak street to an adjoining property owner since all the rest of the street had already-sold \i was brought before the council and discussed. Councilman Stone motioned to J� pass this ordinance and to sell this property for $50.00; this being the same as this property was offered for sale to Dean Jacobs who decided not to buy it. Councilman Smithey seconded and the motion passed. Consideration for city auditors at this time were discussed. Councilman Irwin motioned to hire Virgil Morgan as city auditor for the coming year. This motion was seconded by Councilman Stone and it passed. Chief of Police Holmes appeared before the council and asked for the city �t to participate with Dublin and Erath County on a teletype system at an annual cost of: City of Stephenville------ - - - - -- $40.00 per month City of Dublin------------ - - - - -- 25.00 per month Erath County 40.00 per�mbnth . This would be for a three year ;period. Councilman Irwin motioned to par - ticipate in the teletype system. This was seconded by Councilman Smithey and passed. ,._ The council at this time considered and discussed a Dog Kennell Ordinance (See Attached Copy) Councilman Smithey motioned to accept this ordinance as is. Councilman Curtis seconded and it passed. It was considered at this time whether to issue sign permits for the State and bring in some revenue. It was decided that this revenue would not be sufficient to warrant this and Councilman Irwin motioned for the city not to do this but let the State do it themselves. Councilman Stone seconded this motion and it carried. At this time Mayor Jones read the names of the appointed City Planning Commission being appointed July 27, 1972. Councilman Curtis motioned and it was seconded by Councilman Smithey to approve the appointments. Motion carried. Councilman Stone at this time awe a Standing Committee report on the street paving problem and it was decided to contact Texas Securities of San Antonio to meet with the council in the near future. Councilman Anderson reported before the council in request for an individ- ual living outside the city limits. This request was to tie on to the transmission line of the city as he was out of water. This was discussed —I and referred to the Director of Public Works Gann. i At this time Councilman Stone introduced an ordinance (see attached copy) for annexation of certain property to the City of Stephenville. Council- man Curtis moved for adoption of this ordinance. Councilman Anderson. seconded and it passed. It was directed to publish this ordinance in a newspaper of general publication prior to final. action. A discussion in a change of zoning on Lot 8, Blk. 3, Sims Addition, to the City of Stephenville. A motion was made by Councilman Irwin to change from Residence I to Business II this certain area of land with the ex- ception of allowing only one entrance onto Highway 281 instead of the proposed three. This being done because of a recommendation of the City Planning Commission. Councilman Riggins seconded this motion and it passed. Motion by Councilman Irwin and seconded by Councilman Smithey to adjourn. Motion passed. Mayor ATTEST: it�etary Councilman Stone asked that the above minutes show that he voted against the laying of the 12" water line. AN ORDINANCE DIRECTING MAYOR TO SELL THAT PORTION OF WHAT WAS FORMERLY A PART OF WEST POST OAK STREET IN THE CITY OF STEPHENVILLE, HERETOFORE DE- CLARED VACATED AND CLOSED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That portion of West Post Oak Street and being the Easterly 150 feet of the Southerly 25 feet of that portion of said Street sit- uated between the East line of North Lillian Avenue and the West line of North Chamberlin Avenue as shown at Page 705 of King's 1956 Map of Stephenville, Texas, recorded in Vol. 381 at Page 105 of the Deed Records of Erath County, Texas; having been heretofore declared abandoned for street purposes and ordered vacated as a street by the City Council of Stephenville, and ordinance having been passed authorizing the sale of this land to Dean Jacobs, but the said Dean Jacobs not having paid the consideration specified for said land and said sale not having been completed, and J. M. James having made an offer for the conveyance of said landto him at the sum of $50.00 , and this being a fair and reasonable bid for conveyance of said land by the City of Stephenville, it is hereby directed that the Mayor, Don Jones, execute to the said J. M. James a quit claim deed covering the land here - inabove described upon the payment of said sum by said J. M. James. PASSED AND APPROVED this 2nd EST: City Secretary _ day of August 1972. MAYOR 4440 Qa e