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HomeMy WebLinkAbout1960-10-20 - Special City Council.YXI r Stephenville, Texas October 20, 1960, The City Council met in called meeting on this date with Mayor Evans presid- ing and the following aldermen present :. Virgil Dickerson, I. D. Reynolds, Albert Graves, Raymond Anderson and Scott D. Reed. Mayor Evans reported the purpose of the meeting was to consider hiring an engineer to make a topographical map of the Bosque. Also, it has been understood that these engineering fees are included in the $9000.00 set up in the budget for this purpose. After discussion, it was moved by Alderman Reed, seconded by Alderman Dick- erson, to hire Freese & Nichols Engineers to handle this porject, with the under- standing that the total cost not exceed $9000.00. Motion carried. There being no other business at this date, the Co il�-ood , ourned subject to the Mayors call. AT EST: ,7/ / jty. ecretary. a To STATE OF TEXAS s COMW or M" CITZ OF STRPBMXLTZ On this the 12th day of October, 1960, the city council of the City of Stepheille, Texas, convened in spit Meeting, at the regular meting place, with the following rs present, to -wit. J. Louis Evans, Mayers, Scott D. Reed,, Virgil Dickerson, I. D. Reynolds, J. P. Hedrick, ;A1dermn, Burl Lawrence, Charles Higgins, Albert L. Graves,. Raymond Anderson, Rex H. Cates, City Secretary, and with the following absent: R+ constituting a quorum, at which time the following proceedings were had: Alderman Rsad introduced a resolution and. made a motion that it be adopted. The motion was seconded by Alderman 914karsan The motion carrying with it the adoption of the resolution prevailed by the following vote. AYES: Aldermen Reed, Dickerson$ Reynolds, Hedrick, Lawrence.. Riggins, Graves and Anderson and Mayor Evans. The resolution as adopted is as follows. RRw�`OLiTPIO'N A ROVIM ESTMTS NO. 2 MR WX FORK CONSTRUG- TION CQ., INC., dR CONSTR=OK 010 wATAWOWS IMPROVE . WHIRRA6j, on February n, 1960, the City Council of the City of Stephenville,. Torsos, passed an ordinance, among other thus, authorising the issuance of *1:75,000.00 of City of Stephenville waterworks Improvement Series 1960, for the purpose of paying contracts "A",# IT"* tic" J, x11n VElls therein authorized; and . WMWM , Contract "All has been partially performed and the Contractor, Elm park Constructit Co., Inc., has filed a request for payment dasigrAted "Satimate No. 2 ", as follows: Percent alit 1'4.1. PwV MAU= & Reservoir 35 73,x.00 69.433.50 F 1.2. Existing Pump Station 199. 73% 6.8w oo 5 value of Work Completed $744335.50 ]Less 1 Retained 1.95 Less Previous Payments 040.01 1.95' AXOM TO PAY ACTOR $281000:00 the foregoing estimate has been approved by Her A. Router Associatees Consulting lagl deers for this City, and this City Council bas fully Investigated the work performed and materials furnished and bas found that the contract has been satisfactorily performed to the extent shown in the foregoing request; and this City Cowell has been furnished with satisfactory evidence that all laborers ate matertalman have been paid dawn to the date of said request; and WHUWAS,, Warrants should am be delivered to said contractor as hereinafter provided; BE IT RESOLM BY M CITY ODIMCIL OF TU CITE[ OF 8 TY. .+ WAS; I. That the above Estimate No. 2 is hereby approved and the City Council of the City of Stephenville hereby finds and declares that said contract has been satisfactorily performed and materials furnished in accord« once with said contract, plans and specifications to the extent shown In said estimate and that the City of Stephenville has received full value to the amount there shOWn. 2. That, for the purpose of evidencing the City's Indebtedness to Said Contractor, the City Secretary is hereby directed to deliver to zlM Fork Construction Co:,, Inc., warrants X="rs 116 to 143, both inclusive, ADOPTSD AM APMVED this the 12th 4W Of 0 r, 1 . N OF TUA3 s or k, IR R CM OF 1,r the uadersi d., City Secretary of t o City of Stephen- ville, Tex",, do be by certify that the above and foregoing is a true, full i and correct copy cat a resolution adopted by the City Council of the City of Stephenville, °r s, (and of the minutes pertaining thereto) on the 18th day of October, 2964,, approving: estimate No. 2 for Elm Fork Construction Co,, Inc ,cut construction of waterworks Irnprovements.. which resolution is recorded in the minutes of the City Council. MMCUM MM W SM and the seal of said City, this the 18th day of October, 1960• city'neeretary., "City of Off►` IM TeMs: (ce) wit a w * Car r o TOXOP s AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF STEPHENVILLE, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRAINAGE OF LOTS THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER AaY ACCUMU- LATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIRING OWNERS OR OCCUPANTS OF LOTS IIiT THE CITY OF STEPHENVILLE TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER; PROVIDING FOR NOTICE TO'BE.GIVEN TO OWNERS OF PREMISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS AND /OR ' PREMISES SANITARY AND SIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF STEPHENVILLE; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; AND DECLARING AN EMERGENCY. WHEREAS, it is deemed by the City Council of the City of Stephenville, Texas, that it is dangerous to the public health for lots in the City of Stephenville to have places thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said City and that it is dangerous to public health and constitutes a fire hazard to have weeds, brush, rub- bish, and other unsightly and insanitary matter on lots in the City of Stephenville; and WHEREAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, that cities of a population of more than 5,000 people shall have the power to correct the evils hereinbefore recited and the City of Steph Texas, is a city of more than.5,000 population: enville, NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. That it shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Stephenville, Texas, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2. It shall be unlawful for any ,person, firm or corporation who shall own or occupy any lot or lots in the City of Stephenville, Texas, to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. SECTION 3. It shall be unlawful for any person, firm or corporation who shall own or occupy any house, building, establishment, lot or yard in the City of Stephenville to permit or allow any carrion, filth or other impure or unwholesome matter to ac- cumulate or remain thereon. SECTION 4. It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Stephenville, Texas, to allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to accumulate or grow on said lot or lots. SECTION 5. Should any owner of such lot or lots that have places thereon where stagnant water may accumulate and /or which are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or unwhole- some matter may be fail and /or refuse to drain and /or fill the said lot or lots, or remove such filth, carrion or other impure or unwholesome matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address or within ten days after notice by publication as many as two times within ten consecutive days in any news- paper in Stephenville, Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Stephenville, Texas, may do such filling or draining, or removal of filth, carrion, etc., or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or improvements made at the expense of the City ea Stephenville, Texas, then such expense or expenses shall be assessed on the real estate, or lots upon which such expense was incurred. SECTION 6. Should any owner of any lot or lots within the City of Stephenville, Texas, who shall allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to grow or accumulate thereon, fail and /or refuse to cut down and /or remove such weeds, rubbish, brush or other unsightly, objectionable or insanitary matter, as the case may be, within ten days after notice`to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten days after notice by ,publication as many as two times within ten consecutive days in any newspaper in Stephenville, Texas, may do such cutting down and /or removing such weeds, rubbish, brush or any other un- sightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor, and charge the expense incurred in doing such work or having such work done or improvements made to the owner of such lot or lots orieal estate; and if such work is done or improvements made at the expense of the City of Stephen- ville, Texas, then such expense or expenses shall be assessed on the real estate, or lot or lots upon which such expense was incurred. SECTION 7. The -Mayor or City Health Officer of the City of Stephenville shall file a statement of such expenses incurred under Section 5 or under Section 6 of this ordinance, as the case may be, giving the amount of such expenses, the date on which said work was done or improvements made, with the County Clerk of Erath County, Texas; and the City of Stephenville, Texas, shall have a priv- ileged lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of said Article 4436, Revised Civil Statutes of Texas, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten per cent interest from the date said statement was filed. It is further' provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Stephenville, Texas, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION 8. Any person, firm or individual who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two - Hundred Dollars ($200.00), and each and every day's violation shall constitute a separate and distinct offense, in case the owner or occupant of any lot, lots or premises under the provisions of this or- dinance shall be a corporation, and shall violate any provision of this ordinance, the president, vice president, secretary, treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTION 9. That if any part of this ordinance is, or should be held in for any reason, then that fact shall not invalidate the entire ordinance, but the balance thereof shall remainin full force and effect. SECTION 10. All other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 11. The fact that there are many lots in the City of Stephenville, Texas, that have places where stagnant water may accumulate and many lots and premises in said City that have impure and unwholesome matter thereon and many lots in said City have weeds, brush and other unsightly and objectionable matter thereon, which is a menace to the public health and said greeds, rubbish and brush constitute also a serious fire hazard, creates a public emergency and im- perative public necessity, requiring the suspension of any rule or requirement that no ordinance shall be passed finally on the date it is introduced, and that such ordinance shall be read at several meetings of the City.Council, and that this ordinance be passed finally on the date of its introduction and take effect and bein full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this J ZX dE AT 77 � Uity Secretary I do hereby certify that a true and correct copy of the above and foregoing ordinance was duly p blished in the Stephenville Dail issue of the � 1960. _ day of �• P y Empire in the _ � r _ lsPlublic Ver, Stephenville Daily Empire SWORN TO AND SUBSCRIBED before me this - day of ( c• 196a. Notary Public, Erath County, Texas Z/ze City 01 Step/ienville 354 A,d L54..p Steeet eSbplimvdle, 6exas Upon receiving a complaint from any citizen of our City in regard to any adjacent property being unsightly or unsanitary, it becomes necessary under a City Ordinance passed by the City Council on October 4, 1960s to inform said property owner to clean up their property. This ordinance reads in part as follows: "Requiring owners, or occupants, of lots in the City of Stephenville, to keep said lots free from weeds, rubbish brush and other unsightly or unsanitary matters; providing for notice to be given to owners of premises in case of failure of owner to make lots and premises sanitary and sightly, that the same may be done at the expense of the City of Stephenville; provid- ing for the fixing of a lien against such lots for such improve- ments.° Such complaint has been received by this office and it becomes necessary to ask you to please have property located at Very truly yours, Rex H. Cates City Secretary