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HomeMy WebLinkAbout1986-05-06 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, MAY 6, 1986 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: David Clayton Councilmembers: Bob Self G. A. "Pinkie" Swindle Larry Hammett James L. McSwain Allen Horne Ray Reynolds - Late -8:00 Larry Hammett and with the following members absent: Wm. G. Brede. Also attending were City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance Charlene Young, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Personnel & Purchasing Clerk Melissa Crim, Planning & Inspections Coordinator Betty Chew, Street Supt. Clinton Hicks, members of the press and many others. I: FOR [INUTES OF MAR( MEETINGS. 986, APRIL Councilman Hammett moved approval of the minutes of the City Council meetings held on March 13, 1986, April 1, 1986, and April 7, 1986, with correction to the minutes of April 1, 1986, Item 15(B) the motion to read "moved to adopt the policy that the Police Department cease unlocking vehicles." Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: ELECT MAYOR PRO TEM. Councilman Bob Self moved that, in recognition of many years service on the City Council thereby possessing wisdom well beyond his actual age, Larry Hammett be nominated as Mayor Pro Tem and further moved that nominations cease and Councilman Hammett be elected by acclamation. Councilman Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM III: CONSIDER REQUEST BY MR. STEVE KECK, 1620 E. WASHINGTON, REGARDING ESTABLISHING NO PARKING ZONES ON BRYON STREET AT ITS INTERSECTION WITH EAST WASHINGTON STREET. Mr. Steve Keck, 1620 E. Washington, addressed the Council requesting "No Parking" signs be posted on both sides of Byron Street to prevent problems with patrons of The Dodge House, 1617 E. Washington. Mr. Keck said the problems include having the street made almost impassable by vehicles parking on both sides of the street; having driveways blocked; parking in their yards; yards littered, urinated on, driven through; residents disturbed by yelling, cursing, honking and hotrodding at all hours of the night. Mr. Keck presented a petition for the No Parking signs signed by 19 residents who live on Byron Street. 295 Councilman Bob Self expressed concern that the Dodge House does not have adequate parking facilities for the number of patrons and perhaps does not have adequate square footage in the building itself for the number of patrons which could possibly be a violation of the Fire Code. City Administrator Kurt Ackermann advised that the owners of The Dodge House did add some parking spaces several years back when they did some remodeling which was prior to the zoning requirements, therefore they are "grandfathered" in on the parking requirements of the Zoning Ordinance. Councilman Self said he agreed that the No Parking signs were needed and was in favor of the installation of said signs, but wondered if they were treating the symptoms and not getting to the root of the problem. After more discussion, Councilman Pinkie Swindle moved that City Attorney Chandler draft an ordinance for a No Parking zone from U.S. Highway 377 on Byron Street to the U.S. Highway 377 By -Pass from 8:00 p.m. to 4:00 a.m. on both sides of the street. Councilman Jim McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IV: HEAR REPORT FROM CROSS TIMBERS FINE ARTS COUNCIL. ITEM Mrs. Connie Birdsong presented the Cross Timbers Fine Arts Council's annual report which included some financial information, activities of the past year, programs planned for next year, and some upcoming fund raising functions. Mrs. Birdsong also asked for a meeting with the Bandshell Committee for the week of May 18, 1986 for discussion of the proposed bandshell in the park prior to their mem- bership meeting on May 31st. DI S. MR. BILL BANE REGARDING AVAILABILITY Mr. Bill Bane presented a discussion of the availability of X -rated materials in Stephenville. Mayor David Clayton expressed appreciation to Mr. Bane for bringing this presentation. Mayor Clayton commented this is very delicate to handle. The problem being trying to decide what is art and what is obscenity. It will be something the Council will keep in mind. Chief of Police Conner advised there have not been any complaints, written or verbal, filed with his department. City Administrator Kurt Ackermann advised that the Planning & Zoning Commission, in its workshop last month, took up this issue as to what aspects the City might have with regard to zoning. Mr. Charles Castleberry, Chairman of the Planning & Zoning Commission, said they are still working on it. ITEM VI: PLANNING & ZONING COMMISSION RECOMMENDATIONS: A. Favorable Recommendation To Amend The City Zoning Ordinance Paving Requirements. Betty Chew, Planning & Inspections Coordinator, addressed the Council stating that due to a typographi- cal error when the Zoning Ordinance was passed, the paving requirements for Multiple Family Dwellings of 296 five or more units in the R -3 District stated in part "paved with a sealed surface pavement or maintained in such a manner that no dust will be produced." It should have stated "paved with a sealed surface pavement and maintained in such a manner that no dust will be produced." Mrs. Chew advised the P & Z Commission recommended this change. Mayor David Clayton, with the consent of the Council, set Tuesday, June 3, 1986 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to consider this recommended change to the City Zoning Ordinance Paving Requirements. ITEM VII: CONSIDER REPLAT OF A FINAL PLAT OF LOT 7E, BLOCK 68, CITY ADDITION. Betty Chew, Planning & Inspections Coordinator, addressed the Council stating this replat was requested by L. G. Bills. Lot 7E, Block 68, City Addition, was originally platted as 1 lot located on the corner of Sloan Street and Columbia Street. Mr. Bills is proposing to divide this lot into two 6,184 square foot lots. The Planning & Zoning Commission recommends approval of the replat of Lot 7E, Block 68, City Addition. Councilman Jim McSwain moved approval of the replat of the final plat of Lot 7E, Block 68, City Addition, as recom- mended by the P & Z Commission. Councilman Bob Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VIII: HEAR PLANNING & DEVELOPMENT COMMITTEE REPORT REGARDING: A. Harbin Drive Property: Councilman Ray Reynolds reported this was referred to the Planning & Zoning Commission for study regarding zoning and platting of the property. Have not received their report at this time, therefore the committee does not have a recommendation. B. Sale of Right -of- Reynolds reported Street be closed; for the appraised Also the property owners. Nay On Barton Street: Councilman Ray the committee recommended Barton the property be appraised and be sold price plus the cost of the appraisal. be offered to the adjoining property C. Sale of Right- of-Way on Shirley Street: Councilman Ray Reynolds reported the committee recommended the pro- perty be sold to Mr. James O. Bachus; the property be appraised and sold to Mr. Bachus for the appraised price plus the cost of the appraisal. Councilman Ray Reynolds moved approval of AN ORDINANCE DECLARING PORTION OF NORTH BARTON AVENUE AND BEING 1250 SQUARE FEET OF LAND TO HAVE BEEN ABANDONED FOR STREET PURPOSES, ORDERING THE SAME VACATED AND CLOSED AND FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CON- VEYANCE OF SAME TO NEAL GUTHRIE, UPON PAYMENT OF THE AMOUNT TO BE FOUND TO BE THE VALUE OF THIS LAND. AN ORDINANCE DECLARING 4298 SQUARE FEET, PART OF NORTH BARTON AVENUE AND 0.036 ACRE, PART OF NORTH BARTON AVENUE AND ALLEY LYING NORTH OF LOT 3 OF BLOCK 3 OF FREY FIRST ADDITION OF THE DIMENSIONS OF EIGHT FEET (8') BY SIXTY FEET (60') TO HAVE BEEN ABANDONED FOR STREET AND ALLEY PURPOSES, ORDERING THE SAME VACATED 297 AND CLOSED, FINDING THE VALUE OF SAID AND AUTHORIZING THE CONVEYNANCE OF SAME TO JESSE L. HALE, UPON THE PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. AN ORDINANCE DECLARING A PORTION OF WEST SHIRLEY STREET AND BEING 0.029ACRE TO HAVE BEEN ABANDONED FOR STREET PURPOSES, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO J. 0. BACHUS, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. Councilman Larry Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None D. Purchase of United Telephone Yard Located on McCart St: Councilman Ray Reynolds reported the Committee recom- mended not purchasing the property from United Telephone because the building is not large enough for storage of equipment. They felt the purchase of this property would not be in the best long range plan of the city. They felt it would be more feasible to centrally locate the mechanical repair and storage facilities in one location. E. Decker Property: Councilman Ray Reynolds reported the Committee recommended trading 25 feet of Morningside Drive to Mr. Decker for the easement we have requested. If we have to offer an equal amount of property to Mr. Pack which would result in the closing of Morningside Drive, that we not proceed with the trade and see what options are available and proceed with procuring our easement. Mr. Ira Decker addressed the Council stating that he did not want the street closed and does not want his lot split in the center because it would decrease the value of his lot's highway frontage should he want to sell it. He said that since the city cannot sell the right -of -way he wants the proposed sewer easement moved closer to the drainage channel. If the city would do that he would give them the easement at no cost. Director of Public Works Danny Johnson advised the Council that the engineers advised against the proposed sewer easement being closer to the drainage channel because of the unstable condition of the land in that area and because it would be too close to the drainage channel due to possible future expansion of the drainage channel. After more discussion, Councilman Ray Reynolds stated that in trying to work with Mr. Decker would result in the closing of Morningside Drive their recommendation was to scrap that and start condemnation proceedings to obtain the easement needed for the proposed sewer line. He said the Committee felt they have made an honest effort to work with Mr. Decker, but the easement is holding up the project and that this is the option of last resort, but the city does need to get on with the project. Councilman Ray Reynolds moved to start condemnation proceedings to obtain an easement across Mr. Decker's property and proceed with the proposed sewer line installation. Councilman Bob Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 9M ITEM IX: HEAR COMMITTEE REPORT REGARDING THE FOLLOWING: A. Land Lease Proposal with Mr. Len Hobbs: Councilman Jim McSwain, reporting for the Committee, stated that after checking with several other cities the committee recommends the following for land lease to Mr. Len Hobbs: 5¢ per square foot for open land, if the building does not go to the City after the end of lease. 339 per square foot for open land, if the building does go to the City at the end of lease period. Councilman McSwain said Mr. Ackermann checked with the city's insurance company regarding liability and they have no objections concerning the LELON Company. The FAA will not allow not allow the assembly of automobile kits at the airport because of the grant from the FAA. Councilman Swindle said he felt this should go back to committee to decide this is going to be the rate for the next five years, renegotiable after five years and can anyone build private hangars, etc. Councilman McSwain said he thought the leases at the airport should be handled on a case by case basis. Councilman Bob Self increase the hangar port, etc. or is it land? He suggested maybe negotiate eac they want to go and asked is it the city's intent to space, increase the use of the air - the intent to maintain it as vacant developing a plan and set a policy, i one as it comes depending on where what they want to do. B. Land Lease Renewal With C -Bar Ranch: Councilman Jim McSwain said the same figures used above for Len Hobbs would apply in this case also. Councilman McSwain said the committee does recommend on the above leases and any other leases proposed in the future that there be a renegotiation of lease price at the end of five years. Councilman Larry Tatum said that in this case the city is already locked into a 10 year lease its just a matter of determining how many dollars do we want to charge. Councilman Pinkie Swindle said the C -Bar Ranch hangar was one of the prime locations at the airport not open land, therefore he did not agree with committee's recommendation on this lease. He said that with the location and amount of land he did not feel that $100.00 per month would be unreasonable. Councilman McSwain said they did look at some of the other leases at the airport and they felt this was as fair as they could get as per some of the other leases out there and some of the other leases are open -end. Councilman Hammett commented that he felt the city should definitely go up on the lease, but maybe a little at a time and also look at the other leases and not penalize one person. Mayor David Clayton advised the work session within the next 30 of these leases and come to some HEAR REPORT Gi SALE OF WASTEI EE Council will have a days for discussion kind of decision. SCHARGE Councilman Ray Reynolds reported that on April 7, 1986 he wrote a letter for Mr. Lawrence Hancock to take to Austin on the water rights. This letter agreed to sell him a minimum of 15 acre feet which left the City with the option to negotiate with other property owners for the additional wastewater available. Some other property owners downstream have approached the City with proposals to purchase the some of the discharge. Mayor David Clayton commented that at one time the City had thought about pumping this discharge back to the city park, but have since decided it was not a viable situation. He said other property owners are able to apply for this wastewater discharge on a first come first served basis until the City feels they have exhausted the supply available. Mayor Clayton also advised that he did not feel the City should be in the position to have to regulate those property owners among themselves. He said the City would be able to discharge "X" amount of gallons of water and that will be available to those who have contracts with the City and past that point the City does not want to get involved. Mr. Lawrence Hancock addressed the Council stating that the State may eventually put meters on it but, at this time, they haven't said anything about it. Now it is just the "honor system" of kilowatt hours plus the gallons. Mr. Hancock said he was proposing $51.00 per acre foot for the first 15 acre feet and $25.50 per acre foot for all over 15. Councilman Ray Reynolds said the rates would be negotiable with anyone applying for the wastewater. Mr. Hancock said the reason for the letter of April 7, 1986 was that the State needed confirmation that the City was willing to renegotiate for the wastewater discharge. The State uses the City's water as long as it comes into the stream and they had some things coming up was the reason the letter was needed, but no terms were agreed upon. He said he used 80 acre feet the past year. Mayor David Clayton stated the City was going to have to determine the maximum acre feet to be sold to each person applying for the wastewater discharge otherwise it will be an "open -end" thing the City could not control. We need a contract that will explain the City's position without getting into the regulation of it. He said the City has approximately 400 million gallons of wastewater available and Mr. Hancock used 26 million last year. What is the maximum amount the City can sell without drying the river up in real dry years? In answer to a question from Councilman Bob Self, Mr. Hancock said the State issues a permit for him to use the bed and banks of the river to transport the water to his farm and there is not a state permit controlling the amount of water he takes from the river. Mayor Clayton said the Water Planning Committee will meet with City Attorney Joseph Chandler to draft a contract. ITEM XI: HEAR REPORT FROM RULES & PROCEDURES COMMITTEE. Councilman Bob Self reported this committee assignment was received at the regular council meeting of November of last year. The City Administrator Kurt Ackermann and City Secretary Joyce Pemberton began gathering information from various sources regarding some written ground rules by which the Council might operate. After rewriting several drafts, the final draft was unanimously approved by the Committee on April 24, 1986. Copies of the approved draft 300 was included in the Council's agenda packet for all coun- cilmembers to review prior to this meeting. The Committee unanimously agrees the rules and procedures should be adopted and Councilman Self moved to adopt a RESOLUTION THAT ON MAY 6, 1986 THAT THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, PASS AND ADOPT THE FOLLOWING RULES AND PROCEDURES FOR THE PURPOSE OF CLARIFYING UNWRITTEN POLICIES AND TO EXPEDITE MATTERS NEEDING COUNCIL ACTION. Councilman Ray Reynolds seconded the motion. Councilman Jim McSwain commented that he was concerned with two things in the Rules & Procedures, i.g. 1) Page 14, paragraph 8.4: "Interested persons or their authorized representatives" he wondered how they were to be authorized? Councilman Bob Self asked if they wanted to discuss the points one at a time to see if there are modifications to be worked into it? Councilman Pinkie Swindle commented that if the Council wanted to discuss the points one at a time maybe it should be in the work session when the airport leases, etc. are to be discussed. Mayor David Clayton commented that he had some objections to some of the items, but maybe with more study he would not. He said that as important as this was to each of the councilmembers he thought maybe more study should be given to it. He said he wanted everyone to be comfortable with them and he did not think each member had had time to study them as thoroughly as they should. He said he would like more time to study these rules of procedure. Councilman Ray Reynolds commented that the Committee's thinking was that rather than a committee working on a project for 6 or 8 months and it coming to the Council and the Council going back and redoing the whole project and that is what the Committee is trying to avoid on this. Part of the recommendation is to put in a process a little different method of dealing with issues, more on a committee basis rather than the council as a whole. Maybe as this is such a radical change it needs the extra study. After more discussion, Councilman Bob Self withdrew his motion and Councilman Ray Reynolds withdrew his second. Mayor Clayton said this would be discussed in the work session later this month. ITEM XII: CONSIDER REPORT FROM TRAFFIC COMMITTEE REGARDING ORDINANCE REMOVING DOWNTOWN PARKING METERS. Councilman Ray Reynolds reported that the Committee recom- mends passage of an ordinance providing two hour limit for continuous parking in the spaces previously metered by parking meters. The Committee would also like to continue working with the downtown merchants regarding modifications of the ordinance when and if needed. He stated they thought should go ahead and get the ordinance in effect so we can get the meters down, but will probably be coming back to the Council in 30 to 60 days asking for an amendment to the ordinance. One of the recommendations may be to it completely free parking in some areas one block off the square. Councilman Bob Self asked that the record show he is abstaining from discussion and voting on this issue. Councilman Ray Reynolds moved passage of AN ORDINANCE REPEALING ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY 301 OF STEPHENVILLE; PROVIDING FOR PARKING AREAS IN SPACES PREVIOUSLY ADJACENT TO PARKING METERS; PROVIDING TWO -HOUR LIMIT FOR CONTINUOUS PARKING IN THESE SPACES BETWEEN 9:00 A.M. AND 5:00 P.M. ON MONDAY THROUGH SATURDAY; IMPOSING A FINE OF $5.00 FOR VIOLATION; PROVIDING FOR LOADING ZONES AND IMPOSING FINE IN ANY SUM OF NOT LESS THAN $5.00 NOR MORE THAN $100.00 FOR VIOLATION. Councilman Pinkie Swindle seconded the motion. The motion carried by the following vote: AYES: Councilmen Hammett, Horne, Clayton, Swindle, McSwain, Reynolds, and Tatum. NOES: None ABSTAINED: Councilman Bob Self ABSENT: Councilman Bill Brede ITEM XIII: HEAR DISCUSSION FROM RAY F )ING EMERGENCY Councilman Ray Reynolds addressed the Council stating he appreciated all the work the Public Health & Safety Committee has done on the Emergency Ambulance Policy and particularly the problem of what defines "emergency transfer ". He said he had a problem with the policy that "required a physician, registered nurse or other qualified medical staff member accompany Stephenville Fire Department Personel during emergency ambulance runs ordered for points outside Erath County." Councilman Reynolds further stated he had a problem with authorizing personnel into an ambu- lance he had no control over. From a liability standpoint he does not feel he can do that. He suggested the Committee meet with members of the hospital staff and mem- bers of the medical staff to work this out. Mayor David Clayton assigned this back to the Public Health and Safety Committee to meet with the hospital staff and medical staff for discussion to see if these problems can be worked out. ITEM XIV: HEAR REPORT REGARDING VEHICLE STORAGE FACILITY ACT. City Administrator Kurt Ackermann explained that the State has passed the Vehicle Storage Facility Act which requires owners of facilities who are storing vehicles without the consent of the owners to license with the Texas Department of Labor & Standards and pay a fee, etc. There is a provi- sion in that Act which allows, on a local option basis, the City Council to adopt an ordinance exempting the City of Stephenville from this statute. City Attorney Joseph Chandler said he thought the City Council should exercise its local option to exempt the storage facilities within the City from this statute. An ordinance to that effect would need to be passed and a copy furnished to the Texas Department of Labor and Standards. Chief of Police Doug Conner said the statute specified any storage facility which stored more than ten (10) a year. Each storage facility on the City's rotation list would probably fall under that definition. We have not had any problems with the storage facilities so far. The owners of said storage facilities already comply with most of the requirements now. After more discussion, Councilman Jim McSwain moved to exercise the local option to exempt Stephenville from the 302 Vehicle Storage Facility Act. Councilman Larry Hammett seconded the motion. Councilman Bob Self asked if the City did not exempt itself from this statute would the enforcement of this Act be the responsibility of the State? He was informed that the enforcement of said Act would be the responsibility of the State. The motion carried by the following vote; AYES: All members present voted aye. NOES: None ITEM XV: CONSIDER BUDGET AMENDMENT FOR FIRE DEPARTMENT. Fire Chief Jimmy Mooney addressed the Council stating that the Fire Department had $15,000.00 budgeted for a building at the training field, but due to the loss of revenue because they are out of the transfer service. they would like to transfer $7,500.00 from that fund and put in the General Fund. He said he is requesting authority from the Council to use said $7,500 on an air compressor system for self contained breathing apparatus in order to meet new requirements of the Texas Commission on Fire Protection Personnel Standards and Education. After some discussion, Councilman Jim McSwain moved that the Fire Chief be authorized to transfer $7,500.00 from the Building Construction Fund to the Other Equipment Fund. Councilman Larry Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XVI: CONSIDER FOR AWARDS THE FOLLOWING BIDS: Director of Public Works Danny Johnson presented the following bids: a. Bid #2336- Street Material- Street Department Councilman Ray Reynolds moved acceptance of the bid of $8.94 /ton from Pioneer Aggregates, Weatherford, Texas, for the Aggregate, Type B, Grade 5 and the bid of $10.78 /ton for Aggregate, Type B, Grade 3; $23.68/ton for Asphaltic Concrete, Type D; $23.13 /ton for Asphaltic Concrete, Type FF; $23.13 /ton for Cold Lay Asphaltic Concrete. Type D; and $7.53 /ton for Flexible Base Material from White Mines, San Antonio, Texas, as recommended by Mr. Johnson. Councilman Larry Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None b. Bid #2337- Asphalt Emulsion MS -2 and Cutback Asphalt RC250. Street Department Councilman Ray Reynolds moved acceptance of the bid of $0.5872/gal. for Asphalt Emulsion MS -2 from Kock Asphalt Company, Fort Worth, Texas and the bid of .7928 from American Petrofina Co. of Texas, Big Springs, Texas, as recommended by Mr. Johnson. Councilman Bob Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 303 21 C. Bid #2338- Mueller Centurion Fire Hydrants and Mueller Tapping Sleeves -Water Department Councilman Larry Hammett moved acceptance of the bid of $3,210.00 from Bowles & Edens, Fort Worth, Texas, as recommended by Mr. Johnson. Councilman Bob Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None d• #2339 -Water Materials for Harbin Drive Project -Water Department. Councilman Larry Tatum moved acceptance of the low bids for Bid #2339 as recommended by Mr. Johnson. Councilman Ray Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XVII: CONSIDER CLAIM BY MR. TIM KEMP. Mr. Tim Kemp addressed the Council stating that he was dumping trash in the landfill and there was a bulldozer pushing trash into a pile. A crate fell onto the fender of his truck and dented the fender. He has obtained bids for the repair of his fender. ($148.16 being the low bid). Freddy Naul, dozer operator at the landfill, said it was possibly misjudgement on his part, but he did not see the crate until it hit the fender of Mr. Kemp's truck. He said it happened basically as Mr. Kemp said. Mayor Clayton assigned this to the Damage Claims Committee for study and recommendations as to the disposition of the claim. There being no other business to come before the Council, Mayor David Clayton adjourned the meeting at 9:30 p.m. A EST: ty d5ecretary 304 David layt , Mayor ORDINANCE NO. 1986 =8 ORDINANCE DECLARING PORTION OF NORTH BARTON AVENUE AND BEING 1250 SQUARE FEET OF LAND TO HAVE BEEN ABANDONED FOR STREET PURPOSES, ORDERING THE SATE VACATED AND CLOSED AND FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO NEAL GUTHRIE, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That portion of North Barton Avenue described as follows: All that certain 1250 square feet tract of land, being part of North Barton Avenue lying west of Lot 4 in Block 3 of Frey First Addition to the City of Stephenville, Erath County, Texas, as shown on King's 1956 Map of Stephenville, adoption thereof recorded in Volume 381, page 105 of the Deed Records of Erath County, Texas, and described as follows: BEGINNING at an iron rod set at the intersection of the north line of West Frey Street and the east line of North Barton Avenue, being the SW corner of Block 3 of Frey First Addition to the City of Stephenville, for the SE corner of this tract; THENCE S 600 00' 23" W, 25 feet to an iron rod set at the intersection of the north line of West Frey Street and the centerline of North Barton Avenue, for the SW corner of this tract; THENCE N 30° W, along the centerline of North Barton Avenue, 50 feet to an iron rod set for the NW corner of this tract; THENCE N 60° 23" E, 25 feet to an iron rod set in the east line of North Barton Avenue, being at the NW corner of Lot 4 of said Block 3, for the NE corner of this tract; THENCE S 30° E, along the east line of North Barton Avenue 50 feet to the place of beginning and con- taining 1250 square feet of land; is hereby declared to have been abandoned for street purposes and said land above described is hereby ordered vacated and closed as a portion of North Barton Avenue. Section Two The land hereinabove described has been appraised and is hereby found by the City Council of Stephenville, Texas, to be of the value of $125.00. Said amount having been offered by Neal Guthrie for said land, it is hereby ordered and directed that David Clayton, Mayor of the City of Stephenville, Texas, execute a special warranty deed to the said Neal Guthrie con - veying to him the above described land and such deed shall be delivered to the said Neal Guthrie upon the payment by him to the City of Stephenville the said sum of $125.00 and such deed shall provide that it is subject to any and all utility lines that may cross said land and that no structure will be erected upon said land over any such utility line. PASSED AND APPROVED this 6th d f May, 86. A T: J yce temberton, City Secretary David Clayton, Mayor 305 ORDINANCE NO. 1986 -9 ORDINANCE DECLARING 4298 SQUARE FEET, PART OF NORTH BARTON AVENUE AND 0.036 ACRE, PART OF 14ORTH BARTON AVENUE AND ALLEY LYING NORTH OF LOT 3 OF BLOCK 3 OF FREY FIRST ADDITION OF THE DIMENSIONS OF EIGHT FEET (8') BY SIXTY FEET (60') TO HAVE BEEN ABANDONED FOR STREET AND ALLEY PURPOSES, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID AND AUTHORIZING THE CONVEYANCE TO SAME TO JESSE L. HALE, UPON THE PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That certain land described as follows: TRACT A: 4298 square feet of land, being part of North Barton Avenue, fully described by metes and bounds on field notes of Wayne Graham, Registered Public Surveyor, attached hereto as Exhibit "A" and made a part hereof for all purposes; TRACT B: That certain 0.036 acre tract of land being part of North Barton Avenue and fully described by metes and bounds on field notes of Wayne Graham, Registered Public Surveyor, attached hereto as Exhibit "B" and made a part hereof for all purposes; TRACT C: That certain alley situated northerly of Lot 3f —Bock 3 of Frey First Addition in the City of Stephenville fully described by metes and bounds in field notes of Wayne Graham, Registered Public Sur- veyor, attached hereto as Exhibit "C" and made a part hereof for all purposes; are hereby declared to have been abandoned for street and alley purposes and are hereby ordered vacated and closed for street and alley purposes. Section Two The land hereinabove described has been appraised and is hereby found by the City Council of Stephenville, Texas, to be of a value of $625.00. Said amount having been offered by Jesse L. Hale for said land, it is hereby ordered and directed that David Clayton, Mayor of the City of Stephenville, execute a special warranty deed to the said Jesse L. Hale, which deed shall provide that it is subject to any and all utility lines that may cross any portion of said land and that no structure shall be erected over any of said utility lines, and such deed shall be delivered to the said Jesse L. Hale upon the payment by him to the City of Stephenville of said amount of $625.00, the said Jesse L. Hale owning lots adjacent to said land and the owner of the lots situated northerly of the alley above described having relinquished and released its right to purchase any portion of said alley. PASSED AND APPROVED this 6th day of May 1986 oyce Pemberton, City Secretary i David Clayton, Mayor I, the undersigned City Secretary of the City of Stephenville, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of Stephenville, Texas, at its meeting held on the 6th day of May, 1986, as same appears of record in the Minute Book showing minutes of said meeting of the City Council of Stephenville. WITNESS MY HAND AND SEAL OF SAID CITY this the Zz/ day of May, 1986. Joyce Pemberton, City Secretary -2- 307 Jesse Hale FOR CITY OF STEPHENVILLE FIELD NOTES THE STATE OF TEXAS: COUNTY OF ERATH: ALL that certain 4298 square feet tract of land, being part of North Barton Ave. lying west of Block No. 3 and east of Block 2 of Frey First Addition.to the City of Stephenville, Erath County, Texas as shown on King's 1956 Map of Stephenville, adoption thereof recorded in Volume 381, Page 105 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod set at the intersection of the north line of West Frey Street and the west line of North Barton Ave., being the SE corner of Block 2 of Frey First Addition to the City of Stephenville, for the SW corner of this tract; THENCE N 300 00' W along the west line of North Barton Ave., 110.96' to an iron rod set at the NE corner of said Block 2, being in the east right of way line of the G. C. & S. F. Railroad, for the NW corner of this tract; THENCE N 600 00' 23" E, 50.0' to an iron rod set in the east line of North Barton Ave., being in the west line of said Block 3, for the NE corner of this tract; THENCE S 300 00' E along the east line of North Barton Ave., 60.96' to an iron rod set at the NW corner of Lot 4, Block 3, for a corner of this tract; THENCE S 600 00' 23" W, 25.0' to an iron rod set in the centerline of North Barton Ave. for a corner of this tract; THENCE S 300 00' E along the centerline of Barton Ave., 50.0' to an iron rod set in the north line of West Frey Street for the SE corner of this tract; THENCE S 600 00' 23" W 25.0' to the place of beginning and containing 4298 square feet of land. I,/Qi�yt�D�✓✓L a Registered Public Surveyor of the State of Texas do hereby certify that these field notes are true and correct as surveyed on the ground, May 1, 1986. V,AYNE GRAHAA4 ?'. 5524 .....: i.f v i E X H I B I T " A" 9M FOR CITY OF STEPHENVILLE FIELD NOTES THE STATE OF TEXAS: COUNTY OF ERATH: ALL that certain 0.036 acre tract of land, being part of North Barton Ave. lying east of the G. C. & S. F. Railroad and west of the west line of Block 3 of the Frey First Addition to the City of Stephenville, Erath County, Texas as shown on King's 1956 Map of Stephenville, adoption thereof recorded in Volume 381, Page 105 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod set in the east line of North Barton Ave., being in the west line of Block 3 of the Frey First Addition to the City of Stephenville, for the.SE corner of this tract, from which the intersection of the north line of West Frey Street and the east line of North Barton Ave., being the SW corner of Block 3 of Frey First Addition to the City of Stephenville bears S 300 00' E, 110.96'; THENCE S 600 00' 2311 W, 50.0' to an iron rod set in the west line of North Barton Ave. and the east line of the G. C. & S. F. Railroad, being the NE corner of Block 2 of the Frey First Addition, for the SW corner of this tract; THENCE along the east line of the G. C. & S. F. Railroad as follows, N 070 49' 15" E, 44.37' and N 110 22' 44" E, 34.47' to an iron rod set in the east line of North Barton Ave., for the NE corner of this tract; THENCE S 300 00' E along the east line of North Barton Ave. and the west line of said Block 3, 60.93' to the place of beginning and containing n36 acres. I, /7/tQi� �ca-n ✓ a Registered Public Surveyor of the State of Texas do hereby certify that these field notes are true and correct as surveyed on the ground, March 5, 1986. E X H I B I T " B" 309 ................... <VAYNE GRAHAM o ...........: 1,529 FIELD NOTES THE STATE OF TEXAS: COUNTY OF ERATH: ALL that certain lot, tract or parcel of land out of Block No. 3 of the Frey First Addition to the City of Stephenville, Erath County, Texas and described as follows: BEGINNING at a point in the east line of North Barton Avenue, being the NW corner of Lot No. 3 of said Block No. 3 for the SW corner of this tract; THENCE N 300 00' W along the east line of said North Barton Avenue, 8.0' to the SW corner of Lot No. 1 for the NW corner of this tract; THENCE N 600 00' 23" E, 60.0' to the southerly SE corner of said Lot No. 1, being in the west line of Lot No. 5 for the NE corner of this tract; THENCE S 300 00' E along the west line of said Lot No. 5, 8.0' to the NE corner of said Lot No. 3 for the SE corner of this tract; THENCE S 600 00' 23" W along the north line of said Lot No. 3, 60.0' to the place of beginning. a Registered Public Surveyor of the Statwe o�exas do hereby certify that these field notes are true and correct to the best of my knowledge and belief, April 8, 1986. E X H I B I T " C" 310 •,*"*YNE GRAHAM ::.....3 ............. 329 ; ORDINANCE NO. 19`86 =10 ORDINANCE DECLARING A PORTION OF WEST SHIRLEY STREET AND BEING 0.029 ACRE TO HAVE BEEN ABANDONED FOR STREET PURPOSES, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO J. 0. BACHUS, UPON PAY- MENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That portion of West Shirley Street in the City of Stephenville, Texas, described as follows: All that certain 0.029 acre in the John Blair Survey, A -32, and being part of W. Shirley Street, adjacent to Block 3, Shapard & Collins Addition to Stephenville, Texas, and the 0.029 acre being described as follows: BEGINNING at a point in north line of West Shirley Street, at the west line of North Barton Avenue, being the SE corner of Lot 1, Block 3, Shapard & Collins Addition, for the NE corner of this tract; THENCE S 290 49' E, 11.41 feet to an iron rod set in west line of North Barton Avenue, for the SE corner of this tract; THENCE S 580 48' 40" W, 116.15 feet to a point in east line of a former 0.37 acre tract awarded to City of Stephenville, Texas, in Cause No. 2224, County Court of Erath County, Texas, on June 6, 1930, for the SW corner of this tract; THENCE N 020 31' 40" E, with east line of said 0.37 acre tract, 13.72 feet to north line of West Shirley Street, for the NW corner of this tract; THENCE N 580 48' 40" E, with north line of West Shirley Street, 108.81 feet to the place of beginning, containing 0.029 acre; is hereby declared to have been abandoned for street purposes and said land above described is hereby ordered vacated and closed as a street. Section Two The land hereinabove described has been appraised and is hereby found by the City Council of Stephenville, Texas, to be of the appraised value of $125.00. Said amount has been offered by J. 0. Bachus, who is the only property owner abutting said land, for the purchase of said land, it is hereby ordered and directed that David Clayton, Mayor of the City of Stephen- ville, execute a special warranty deed to the said J. 0. Bachus conveying to him the above described land, and such deed shall be delivered to the said J. 0. Bachus upon the payment by him to the City of Stephenville of the sum of $125.00. PASSED AND APPROVED this 6th day of May 1986. ATTEST: J ce emberton, CI ty Secretary i David Clayton, Mayor 311