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HomeMy WebLinkAbout1960-03-04 - Regular City Councila Stephenville, Texas March 4, 1960. The City Council met in a postponed regular meeting on the above date with Mayor Evans presiding and the following aldermen present: Virgil Dickerson, Chas. Higgins, Walter Brandon, A lbert Graves, Dean Murray, Scott D. Reed and J. P. Hedrick. Others present were Water Supt. Gann, St. Supt. Collins, Chief Cornell and City Atty. Chandler. Minutes of previous meetings were read and approved. Mr :'Byron Singleton, local manager of Texas Power & Light Company, appeared before the Council asking for the passage of an ordinance granting his company a 50 year franchise. The Council discussed this in detail, then the following action was taken: The State of Texas: County of Erath: City of Stephenville: On'this, the 4th day of March, 19602 the City Council of the City of Stephenville, Texas, convened in a postponed regular meeting, at the regular meet- ing place, with the following members present, towit: J. Louis Evans, Mayor Virgil Dickerson, Alderman Charles Higgins, Walter Brandon; A lbert Graves, Dean Murray, tv Scott D. Reed; it J. P. Hedrick, it Rex H. Cates, City Secretary, and with the following absent: Marvin Ratliff, Alderman, constituting a quorum, at %which time the following proceedings were had, to -wit: Alderman "Dickerson introduced an ordinance and made a motion that it be adopted.: The motion was seconded by Alderman Brandon. The motion carrying with it the adoption of the ordinance prevailed by the following vote: Ayes: Aldermen Dickerson, Brandon, Graves, Murray, Reed, Hedrick . Noes: Charles Riggins. The ordinance, as adopted, is as follows: AN ORDINANCE GRANTING TO TEXAS POWER & LIGHT COMPANY, ITS SUCCESSORS AND " ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, AND REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF STEPHENVILLE, TEXAS, GRANTING A FRAN- CHISE FOR SUCH PURPOSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS-.. Section 1. That there is hereby granted to Texas Power & Light Company, its successors and assigns (herein called the "Grantee "), the right, privilege Arid franchise until March 1, 2010, to construct, maintain and operate in the present and future streets, alleys, and public places of the City of Stephenville, Texas, and its successors, electric light and power lines, with all necessary or desirable appurtenances (including underground conduits, poles, wires, trans- mission lines-And other structures and telephone wires for its own use), for the Purpose of supplying electricity to the said City, the inhabitants thereof, and persons'And "corporations beyond the limits thereof, for light, heat, power and other purposes. Section 2. Poles, structures and other appurtenances shall be so erected and maintained as not to interfere unreasonably with traffic over streets and Alleys. The location of all poles, conduits and other structures shall be fixed uider' the supervision of the street and alley committee of the City of Stephen - ville, or the successors to the duties of that committee, but not so as,to in- terfere unreasonably with the proper operation of said lines. Section 3. The service furnished hereunder to said City and its inhabitants shall be first class in all respects condidering all circumstances, and shall be subject to such reasonable rules and regulations as the Grantee may make from time to time. The Grantee may require reasonable security for the payment of its bills. Section 4. The Grantee shall hold the City harmless from all expense or liability for any a ct or neglect of the Grantee hereunder. Section 5. That on the 15th day of April, 1960, and annually thereafter on the 15th day of April of each succeeding year for the life of this franchise, Texas Power & Light Company, its successors and assigns, shall pay to the City J TEXAS POWER & LIGHT COMPANY EXECUTIVE DEPARTMENT DALLAS, TEXAS TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS Gentlemen: The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Stephenville, Texas, by ordinance duly approved by the Mayor and attested by the City Secretary on March 4, 1960, same being, "AN ORDINANCE GRANTING TO TEXAS POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, AND REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF STEPHENVILLE, TEXAS GRANTING A FRANCHISE FOR SUCH PURPOSE°, and files herewith its acceptance of such franchise as required by the terms of such franchise ordinance. IN TESTIMONY WHEREOF, witness the corporate signature and seal of Texas Power & Light Compaxlyy by its duly authorized officers, this the 10th day of March, 1960. AN ORDINANCE AUTHORIZING MAYOR OF CITY OF STEPHENVILLE TO ENTER INTO CONTRACT WITH ERATH COUNTY ACTING THROUGIi ITS COMMISSIONERS' COURT TO FURNISH FIRE- FIGHTING EQUIPMENT CONSISTING OF ONE FIRE TRUCK AND ATTACKED EQUIPMENT OUTSIDE THE CITY LIMITS OF THE CITY OF STEPHENVILLE, TEXAS, PROVIDING FOR COMPENSATION TO BE PAID, MAKING CONTRACT TERMINABLE AT {PILL OF CITY AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The Mayor of the City of Stephenville, J. Louis Evans, is hereby authorized to enter into a contract with Erath County, Texas, acting by and through its Commissioners' Court providing that the City of Stephenville will furnish fire - fighting equipment and personnel limited to one truck and its equipment and the personnel necessary to handle same for the fighting of fires outside the limits of the City of Stephenville on the following terms and conditions: (1) As mentioned, not more than one fire truck of the City of Stephenville will be used to fight fires outside the limits of the City of Stephenville, Texas; said fire truck to be equipped with regular fire- fighting equipment and to be manned by personnel of the Fire Department of the City of Stephenville necessary to handle such truck and said equipment. (2) The County of Erath will pay to the City of Stephenville for this service the sum of $100.00 per month and failure to make such payment will at the option of the City of Stephenville terminate this agreement. (3) The County of Erath will agree that the acts of any person or persons while fighting fires, travelling to or from fires, or in any manner furnishing fire protection to the citizens of the County outside the City Limits of the City of Stephenville shall be considered as the acts of the agents of the County of Erath in all respects, notwithstanding such person or persons may be employees or firemen, either paid or volunteer, of the City of Stephenville. (4) The County of Erath agrees to indemnify and hold harmless the City of Stephenville for any damages or injuries to employees, agents, workmen or firemen of the City of Stephenville, or to any person or person's property, as a result of answering or performing fire calls outside the City of Stephenville. Should any person assert a claim, cause of action, or file suit for damages to his person or his property based on going to a fire, coming from a fire, or fighting a fire by the employees, agents, workmen or firemen of the City of Stephenville then the County of Erath agrees to defend all such claims, causes of action or suits. (5) It is understood and agreed that should the City of Stephen - ville's fire insurance rate be jeopardized in any manner as the result of answering fire calls outside the City Limits or should the City Council of Stephenville decide that the fire protection of the City of Stephenville is jeopardized by a continuation of the performance of this contract, then the City of Stephenville shall have the right to terminate this agreement upon immediate written notice addressed to the County Judge of Erath County, Texas. Section Two A contract as above set out shall be executed on behalf of the City of Stephenville in duplicate by the Mayor and attested by the City Secretary and prepared for execution by the County Judge and the four Commissioners of Erath County, Texas, and submitted to such Court for its execution and upon the execution thereof, one duplicate executed counterpart shall be left with the County Judge and Commissioners' Court for recording in the Commissioners' Court Minutes of Erath County, Texas, and the other shall be returned and kept in the permanent records of the City of Stephenville. Section Three The fact that fire protection is needed in the rural areas of Erath County adjacent to the City of Stephenville and the City of Stephenville through its City Council desires to make available one truck and equipment for the purpose of fighting fires in the rural areas adjacent to the City of Stephenville and that the City should be relieved of liability for any damages claimed in connection with fighting fires outside the City of Stephen- ville in pursuance of the statutes relating thereto namely, Article 2351 a -1 of the Revised Civil Statutes of Texas, creates an emergency and an imperative public necessity that this ordinance go into effect at the time of its passage and any provisions to the contrary are hereby suspended. PASSED AND APPROVED this 4%I- day of Ulan -<,kv 1960. 1 ��4w A171S To Pdayor y Secretary 45 of Stephenville a sum equal to two percent (2%) of its gross revenue received from the sale of electrical energy by said Company from its residential and commercial business conducted within the corporate limits of said City and for the preceding twelve months ending December 31st, in full payment for the priv- ilege of using and occupying the streets, highways, easements, alleys, parks, and other public places in the City of Stephenville whether as rental, super - , vision and inspection charges, or otherwise, for twelve months preceding the 'date on which payment is due to be made. This payment shall be in lieu of any other tax or increased rate of tax or other imposition, assessment, or charges, except ad valorem taxes. Section 6, The Grantee shall file its written a cceptance of this franchise within sixty (60) days after its passage and approval. Section 7. This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent the City from granting other like or similar rights and privileges to any other person, firm or corporation. Section 8. When this franchise ordinance shall have become effective, all previous ordinances of the City of Stephenville, Texas, franting a franchise to Texas Power & Light Company for electric light, heat and power purposes, shall be automatically cancelled and annulled, and the same, together with any ex- isting street rental agreement between the City and Grantee, shall be of no further force and effect. PASSED AND APPROVED this 4th day of March, 1960. ATTEST: 4 LMa-y—or. C y Se retary. Alderman Graves reported that his Committee recommended the City sell to Bryan Hale a portion of land in the Clifton Heights Addition. It was moved by Alderman Graves, seconded by A lderman Brandon, to sell a portion of land north of Clifton Street to Bryan Hale for $600.00. Motion carried. Discussed at this time was the granting of rights to operate a small train concession at the City Park. It was generally agreed that the City receive .201 of each dollar taken from this concession. It was moved by Alderman Riggins, sec- onded by A "lderman Murray, to grant Mr. Blair the right to operate a small train concession at the City Park for a period of one year. Motion carried. It was moved by A lderman Brandon, seconded by Alderman Reed, to buy 100 feet of concrete pipe to-place in the open ditch between Clinton Street and the Railroad. Motion carried. Alderman Murray reported that lights need to be installed at the City Air - port, that there are enough lights and underground cable on hand to do this. It was agreed this possibly could be installed by the City workmen. Alderman Murray reported that there is a need for something to be done about the flow of water from the Airstrip through the orchard. It was agreed that the City Street Department would handle this drainage problem. Alderman Murray, Chairman of the Airport Committee, reported that he could lease the 7.65 acres east of the centerline of a line running parallel to and 250 feet easterly of the centerline of =the present airport runwa y containing 7.65 acres and a tract of 14.33 acres lying westerly of a line running parallel to the centerline of the present airport runway and 250 feet westerly of such centerline being out of that certain 30 acres of land originally conveyed to Tom E. Denman and wife by deed recorded in Volume 317, at Page 9, of the Deed Records of Erath County, Texas, for the sum of $400.00 annua lly, renewable each year at yhe option of the City and also at the option of Tom E. Denman, with the City having the right to refuse to renew such lease at the end of any term thereof. The matter was discussed by the Council and there being no ob- jections to the leasing of said land and the Council appearing to be unanimously in favor of making such lease, the Mayor authorized Dean Murray to proceed to negotiate such lease with Tom E. Denman. Alderman Riggins reported the Department of Public Welfare is consolidating the Dublin office with the Stephenville office and had asked the City to help pay rent for additional office space. It was moved by Alderman Riggins, seconded by A lderman Dickerson, to pay this additional rental for the Department of Public Welfare. Motion carried. City Attorney Chandler read in full a proposed ordinance whereby the City would enter into contract with the County for the purpose of fighting rural fires. It was moved by Alderman Reed, seconded by Alderman Graves, to adopt an ordinance a uthorizing the Mayor of the City of Stephenville to enter into contract with Erath County, acting through its 6ommissioners Court, to furnish fire fighting equipment consisting of one fire truck,and attached equipment, outside the City Limits of the City of Stephenville, Texas, providing for compensation to be paid, NO making contract terminable at will of City, and declaring an emergency. Motion carried. (Said ordinance being attached to and becoming a part of these min- utes). It was moved by Alderman Reed, seconded by Alderman Dickerson, to enter into contract with Homer A. Hunter Associates, Consulting Engineers', on a com- mission of 7W % for engineering services on the Water Improvement Project. Motion carried. It was moved by A- lderman Hedrick, seconded by A lderman Graves, for the City Attorney to file Delinquent Tax Suit on Lot 1, Block 18, Frey First A d- dition. Motion carried. Presented at this time was a proposed plat for subdividing Block 45, College View Addition. This was discussed but the Council agreed not to accept this plat due to the fact the streets are only 30 feet wide, and the City would not accept less than 5.0 feet for the purpose of a street. It was moved by A lderman Brandon, seconded by A lderman Riggins, to trans- fer $2000.00 from the General Fund to the R & B Fund. Motion carried. It was moved by Alderman Reed, seconded by A lderman Riggins, that bills and accounts be allowed and ordered paid. Motion carried. There being no other business at this time, the Coun it stoo adjourned subject to the Mayorts c @Lll.. fiAVVt/ Mayor. AT SST: ity Secretary.