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HomeMy WebLinkAbout1985-01-08 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, JANUARY 8, 1985 - 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 G. A. Swindle (late) Councilmembers: Floyd Gordon James L. McSwain Larry Hammett Ray Reynolds Wm. G. Brede Larry Tatum Charles Riggins and with the following members absent: None. City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Director of Parks & Recreation Ronnie Isham, Director of Finance Charlene Young, Personnel & Purchasing Clerk Elissa Hodges, Street Superintendent Clinton Hicks, Members of the Press, and many others were present. ITEM I: CONSIDER MINUTES FOR DECEMBER 4th AND DEEMBER 21st, 1984. Councilman Hammett moved approval of the minutes of the City Council meetings held on the 4th and 21st days of December, 1984, as written. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: PUBLIC HEARING TO CONSIDER THE FOLLOWING ZONING CHANGES. A. Favorable recommendation from the Planning & Zoning Commission to rezone, from R -1 "Single- Family Dwelling District" to R -2 "Duplex and Apartment District ", Lots 17A and 17B, Block 139, City Addition, known as 211 N. Dale Ave. Mayor Clayton opened the floor for a public hearing to consider the rezoning of the above described property. THOSE IN FAVOR OF REZONING: Mr. & Mrs. David H. Whitfield, owners of the property, addressed the Council stating they were surrounded by R -2 and B -1 property. They would like to get their pro- perty rezoned for resale. THOSE OPPOSED TO REZONING: Ms. Johnnie Engler, representing the area residents, Mrs. Linda Lowry, 2292 W. Tarleton, and Mrs. Wanda Packwood, 2320 Denman, addressed the Council opposing the rezoning because the increase in traffic would be a threat to the senior citizens and children living in the neighborhood. There being no one else present wishing to comment on this request, Mayor Clayton closed the public hearing. After discussion, Councilman McSwain moved that the City Council deny the request to rezone, from R -1 "Single- Family Dwelling District" to R -2 "Duplex and City Council Minutes 01/08/85 - Page 2 Apartment District ", Lots 17A and 17B, Block 139, City Addition, known as 211 N. Dale Ave. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Favorable recommendation from the Planning & Zoning Commission to rezone, from R -1 "Single- Family Dwelling District" to R -2 "Duplex and Apartment District ", 5.72 acres of the Henry Pearson Survey, Abstract 613, and the Wm. Motley Survey, Abstract 515, Erath County, Texas, known as 200 Bosque Road. Mayor Clayton opened the floor for a public hearing to consider the rezoning of the above described property. THOSE IN FAVOR OF REZONING: None THOSE OPPOSED TO REZONING: None There being no one present wishing to comment on this request, Mayor Clayton closed the public hearing. Councilman Hammett moved that the City Council approve the request to rezone, from R -1 "Single- Family Dwelling District" to R -2 "Duplex and Apartment District ", 5.72 acres of the Henry Pearson Survey, Abstract 613, and the Wm. Motley Survey, Abstract, 515, Erath County, Texas, known as 200 Bosque Road. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: Councilmen Hammett, Gordon, Brede, Riggins, Reynolds, and Tatum. NOES: Councilman Mcswain. ABSENT: Councilman Swindle. CONSIDER RECOMMENDATI COMMISSION TO CONSIDE DIVISION AND TANGLEWOOD NORTHEAST SUBDIVISION. Mr. Charles Castleberry, Chairman of the Planning & Zoning Commission, advised the Council that the P & Z Commission had reviewed and did recommend approval of the preliminary plat of the Greenbriar Subdivision. Director of Public Works Danny Johnson advised the Council that Mr. James Young, engineer for this development, had indicated that Mr. Carl Chumney, the developer of this property, was thinking of some type of privacy fence around the entire develop- ment. Mr. Johnson said this is about the only way this par- ticular piece of land could be developed. After discussion, Councilman Brede moved the preliminary plat of the Greenbriar Subdivision be put into committee for further study. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Clayton appointed the following councilmembers as a committee to further study the preliminary plat of the Greenbriar Subdivision: vZ City Council Minutes 01/08/85 - Page 3 * Ray Reynolds Larry Tatum Larry Hammett ITEM IV: HEAR COMMITTEE REPORT REGARDING REQUEST FOR WAIVER OF UTILITY PRO RATA BY BYRON STREET RESIDENTS. Councilman Tatum reporting for the committee advised the Council that his committee had reviewed the answers to the questions submitted at the December 4, 1984 council meeting. In a previous meeting the Council had voted to enact this pro rata charge and the committee did not find any reason in the questions or answers to change that. Marty Wrinkle, 121 Byron Street, addressed the Council opposing the utility pro rata charge to the Byron Street resi- dents. After discussion, Mayor Clayton stated that this issue was voted on in a previous meeting (August 7, 1984) and, at this time, the Council will stand on the decision and vote that was taken at another meeting. LEON PACK REGARDING IDENTIAL GARBAGE CHARGE. There being no one present wishing to comment on this issue, the Council moved on to the next agenda item. ITEM VI: CONSIDER Mr. Bill Tidwell, developer of the Park View Addition, addressed the Council requesting a variance (issuance of building permits before streets are paved) of delaying the street paving requirements of the Subdivision Ordinance due to bad weather. Director of Public Works Danny Johnson advised the Council that as long as Mr. Tidwell met all other subdivision requirements except the surface paving he had no objections. The Council discussed adopting a policy that, in the future, developers will put the money for paving into an escrow account. Councilman Tatum moved approval of the variance requested by Mr. Tidwell as long as he meets all other subdivision require- ments except the surface paving. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Councilman Gordon moved that from this date forward any developer requesting a variance from the paving requirements of the Subdivision Ordinance will put into an escrow account an amount equal to the paving costs. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VII: CONSIDER CONTRACT AGREEMENT WITH ERATH COUNTY 13 City Council Minutes 01/08/85 - Page 4 HUMANE SOCIETY REGARDING OPERATION OF ANIMAL SHELTER. Mrs. Joyce Whitis addressed the Council regarding the "five year" clause in the contract. Mrs. Whitis said she was very pleased with the contract except limiting the contract to five years. She had thought it would be a 99 year contract. City Attorney Chandler advised it was not in the best interests of the City to tie up the City's property in a long- term lease. Councilman Reynolds moved that the City Council authorize Mayor Clayton to sign the contract with the Erath County Humane Society on behalf of the City. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VIII: HEAR ANNUAL AUDIT REPORT. Mr. David Cheatham presented the annual audit report. Councilman Reynolds moved acceptance of the audit report as presented. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM REPORT REGARDING TAX EXEMPT USE AT 194 E. LONG STREET. Councilman Riggins reported that his committee had met along with County Judge Randy Thomas and SISD representative Les Gandy. Mr. Gandy advised that the School Board has not been approached regarding this exemption requested by Mr. & Mrs. Larry Bicket. Judge Randy Thomas advised that the Commissioners Court had been approached and had denied the request. Councilman Riggins said that after a lengthy discussion it was the consensus of his com- mittee to deny the request from Mr. & Mrs. Larry Bicket for a tax exemption for the "Cage House" at 194 E. Long Street. Councilman Riggins moved that the above referenced request for tax exemption be refused. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Gordon, Hammett, Brede, Riggins, Swindle, Reynolds, and Tatum. NOES: None ABSTAINED: Councilman McSwain. Mr. Larry Bicket, 194 E. Long, owner of the property in question, requested permission to address the Council. Mr. Bicket explained what was and would be involved regarding the tax base. He explained what was required to have a house designated as an historical site. Mr. Bicket said he would still like to meet with this subcommittee and have the opportunity to speak to them. He said he would also like for Mrs. Gibson from the Historical District to be present at this meeting. ITEM X: HEAR REPORT FROM LIBRARIAN City Council Minutes 01/08/85 - Page 5 Librarian Marilynn Alford presented the request regarding reorganization of the North Texas Library System to non - profit status. Mrs. Alford explained the main change would be, as a non - profit corporation, they would be able to seek grants foun- dations and individuals. This would not affect the funding received from the State. The increased funding would enable them to increase the services they provide to local libraries. Councilman Riggins the North Texas Library the North Texas Library seconded the motion. T AYES: All members NOES: None moved passage of a resolution authorizing System Advisory Council to incorporate System as non - profit. Councilman McSwain .ie motion carried by the following vote: present voted aye. The Resolution in full will become a part of these minutes. ITEM XI: CONSIDER City Administrator Kurt Ackermann explained that the present contract with the Central Appraisal District for collection of city ad valorem taxes is about to expire. The new contract would begin February 1, 1985 thru January 31, 1986, contingent upon the outcome of the January 19th election. The contract is essen- tially the same as the present one. After some discussion, Councilman Riggins moved to renew the contract with Central Appraisal District of Erath County for collection of city ad valorem taxes for 1985. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: Councilmen Gordon, Hammett, Brede, Riggins, McSwain, Reynolds, and Tatum. NOES: Councilman Swindle. [EAR COMMITTEE REPORT REGARDI Councilman Hammett reported that when the Committee was ready to meet Mr. Pat Wilson advised that he had already made other plans for the neighborhood park, therefore there was no action to be taken. Mayor Clayton dismissed the committee. ITEM XIII: HEAR COMMITTEE REPORT REGARDING REGULATIONS FOR HANDICAPPED PARKING. Councilman Hammett reporting for the committee advised that they reviewed the ordinances obtained from other cities. It was the consensus of the committee that Cleburne had the most simple and effective ordinance of those reviewed. The comittee_recom- mends the adoption of an ordinance similar to Cleburne's. After discussion, Councilman Hammett moved that City Attorney Chandler draft an ordinance regarding regulations for handicapped parking similar or identical to Cleburne's. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members voted aye. NOES: None City Council Minutes 01/08/85 - Page 6 The City Administrator, the Director of Public Works, and the Chief of Police are to work with the Traffic Study Committee regarding handicapped parking in the downtown area. ITEM XIV: APPOINT MEMBERS TO THE FOLLOWING BOARDS AND COMMISSIONS. A. Mayor Clayton with the consent of the Council appointed the following members to the Plumbing Board: Sam Smith Master Plumber John Weber Journeyman Plumber J. W. Beck Rep.of Lone Star Gas Co. Kenneth Currier Building Contractor Sam Mangrum Bonded Heat & Air Cont. B. Mayor Clayton with the consent of the Council appointed the following as members of the Planning & Zoning Commission: John Latham Place 1 W. O. Trogdon Place 3 Barbara Terrell Place 5 Jerry Singleton Place 7 Don Beach Place 9 ITEM XV: CONSIDER FOR BID AWARD THE FOLLOWING ITEMS: Director of Public Works Danny Johnson presented the following bids: A. Bid No. 2283: Water & Wastewater Maintenance Materials: Southwest Meter Co.----------------- - - - - -- $1,354.32 Marshall, Texas - The Rohan Co.-- Waco, Texas Industrial International Richland Hills, Texas ----------- -- - - -- $1,102.92 ------- - - - - -- $1,021.92 Trans -Tex Supply -------------------------- $1,225.92 Arlington, Texas Texas Independent Pipe Supply ------------- $1,357.84 Brownwood, Texas Councilman Swindle moved acceptance of the low bid of $1,021.92 from Industrial International. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Director of Park & Recreation Ronnie Isham presented the following bids: B. Bid No. 2284: Flair Mower -Parks & Recreation Dept: 3 -Way Service Inc. Stephenville, Texas - --- - - - - -- $2,150.00 Bramlett Implement Co.-------------- - - - - -- $2,154.00 Stephenville, Texas 0 City Council Minutes 01/08/85 - Page 7 Sperry -New Holand ------------------------- $1,947.72 Stephenville, Texas Mr. Isham recommended the bid from Bramlett Implement Co. because of the availability of parts and service. Councilman Brede moved acceptance of the bid of $2,154.00 from Bramlett Implement Co. Councilman Reynolds seconded the motion. - The motion carried by the following vote: AYES: All members present voted aye. NOES: None Director of Parks & Recreation Ronnie Isham presented the following bid: C. Bid No. 2285: Leaf Vacuum -Parks & Recreation Dept. Goldthwaites - - - - - -- Ft. Worth, Texas - - - -- $6,474.00 Atwater Strong Division ------------------- $2,522.00 Atwater, Ohio Councilman Gordon moved acceptance of the low bid of $2,522.00 from Atwater Strong Division. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All member present voted aye. NOES: None Director of Parks & Recreation Ronnie Isham presented the following bids: D. Bid No. 2286: Lighting for Norton Field- Parks & Recreation Dept. Lighting Concepts -& Equip .---------- - - - - -- $32,864.00 Katy, Texas Mike Higgins Electric --------------------- $33,111.00 Sherman, Texas Birdsong Products, Inc .------------- - - - - -- $30,854.00 Arlington, Texas Councilman Gordon moved acceptance of the low bid of $30,854.00 from Birdsong Products, Inc. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Purchasing & Personnel Clerk Elissa Hodges presented the following bid: E. Bid No. 2288: Coin Counter & Sorter For Parking Meters- Street Lighting & Municipal Building Dept. Standard - Johnson Co. Brooklyn, N.Y`. - - - - -- $2,350.00 Councilman Swindle moved to accept the only bid received of $2,350.00 from Standard - Johnson Co. Councilman 7 City Council Minutes 01/08/85 - Page 8 McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None There being no other business to come before the Council, Mayor Clayton adjourned the meeting at 9:40 p.m. r � A EST: Mayor David Cl ton ity Secretary 0 RESOLUTION NO. 1985 -1 STATE OF TEXAS § CITY OF STEPHENVILLE§ WHEREAS, under Section 10A of the Library Systems Act, as amended (Article 5446a, Vernon's Texas Civil Statutes), the "governing bodies of two - thirds of the member libraries of a major resource system may elect, for the purposes of admi- nistering the receipt and dispersal of services under the Act within their area to form a regional library system "; and WHEREAS, the duly appointed representatives of member libraries of the North Texas Library System have voted to peti- tion their governing authorities to form a Regional Library System organized as a nonprofit corporation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stephenville authorizes the members of the North Texas Library System Advisory Council, who are Ms. Linda Claytor, Ms. Belinda Fenter, Mr. Kenneth Cox, Ms. Joan Coleman, Ms. Althea Forbis, Mr. James Althaus, and Ms. Alice Henry to incorporate the North Texas Library System as nonprofit. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Stephenville, Texas, at which a quorum was pre- sent, this 8th day of January, 1985. ATTEST: "4e� City Secretary CITY OF STEPHENVILLE, TEXAS 9 Mayor CITY OF STEPHENVILLE, TEXAS ORDINANCE NO. 1985 -1 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO R -2 "DUPLEX AND APARTMENT DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville and being known as 200 Bosque Road All that certain 5.772 acre tract of land out of the Henry Pearson Survey, Abstract No. 613 and the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being part of that certain 148 acre tract of land described as the remainder of a former 106 acre tract and 52 acre tract of land in deed from Mary Ingram, Guardian to Nancy Smith, dated April 24, 1980 and recorded in Volume 582, Page 121 of the Deed Records of Erath County, Texas and described as follows: Beginning at an iron rod set at the NW corner of a 11.527 acre tract, for the NW corner of this tract, from which an iron rod found in place at a fence corner post in the east line of the Henry Pearson Survey and the west line of the Wm. Motley Survey, being the SE corner of Block No. 26 and the NE corner of Block 27 of the Henry Pearson Survey and the SE corner of the Nancy Smith 106 acre tract described in deed mentioned above bears S 310 20' 07" E, 1684.97' and N 580 50' 28" E, 265.03'; Thence N 630 05' 51" E along a fence line, 300.9' to an iron found in place at the SE corner of the J. W. Morrow 1 acre tract described in deed recorded in Volume 248, Page 79 of the Deed Records of Erath County, Texas, being the NE corner of said 11.527 acre tract, for the NE corner of this tract; Thence S 31° 20' 07" E along the east line of said 11.527 acre tract, 825.12' to an iron rod found in place at the SW corner of a 24.081 acre tract, for the SE corner of this tract; Thence S 580 14' 50" W, 300.09' to a point in the west line of said 11.527 acre tract, for the SW corner of this tract; Thence N 310 20' 07" W, 850.62' to the place of beginning and containing 5.772 acres of land, with 0.359 acres being out of the Wm. Motley Survey and 5.413 acres out of the Henry Pearson Survey. and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of R -1 "Single- Family Dwelling District" to R -2 "Duplex and Apartment District ". Said land is from this date zoned as R -2 "Duplex and Apartment District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this 8th day of January, 1985. Attest: CA -A. ity Secretary /D M! CONTRACT AND LEASE CITY OF STEPHENVILLE WITH ERATH COUNTY HUMANE SOCIETY, INC. STATE OF TEXAS COUNTY OF ERATH KNOW ALL MEN BY THESE PRESENTS CITY OF STEPHENVILLE, a municipal corporation, acting herein by and through David Clayton, .its Mayor, hereunto duly authorized by resolution of the City Council of the City of Stephenville, and ERATH COUNTY HUMANE SOCIETY, INC., a non - profit corporation, acting herein by and through Joyce Whitis, its President, here- unto authorized by its Board of Directors, have this day entered into the following contract and agreement: 1. City of Stephenville does hereby lease unto Erath County Humane Society, Inc. the following described land, on the terms and conditions hereinafter stated: 0.22 acre of land out of the J. B. Dupuy Survey, Abstract No. 196, in Erath County, Texas, being part of that cer- tain 2.2 acre tract conveyed by the Texas National Guard to the City of Stephenville in deed dated August 5, 1958 and recorded in Volume 365, page 330 of the Deed Records of Erath County, Texas, and being fully described by metes and bounds and shown by field notes and plat of Wayne Graham, Registered Public Surveyor, attached hereto" as exhibit and made a part hereof for all purposes. 2. The land above described will be used and operated by the Humane Society as an animal shelter, there being located thereon a main building and other pens required for the operation of such shelter and for that purpose only and will be operated for non - profit. It is understood and agreed that upon the termination of this lease and contract that all buildings located on the land above described shall remain thereon and revert to the City. 3. The term of this lease and contract shall be for a period of five years, but same may be renewed if operation of the animal _1_ shelter is conducted by the Humane Society as herein provided, for an additional period of five years and thereafter for suc- cessive five -year periods upon mutual agreement of the City and the Humane Society. 4. An animal control officer or officers employed by the City of Stephenville will be responsible for picking up all cats and dogs which are in violation of city ordinances and sick or wounded cats and dogs within the city limits. Any such officer will bring all animals to the shelter except those that in his opinion are in need of veterinarian attention, and these will be taken to a veterinarian if one is available. Upon delivery of cats and dogs to the shelter, the animal control officer, after filling out the information prescribed by the shelter, will release custody of the animals to the Humane Society. Any animal control officer may, upon the request of the director of the animal shelter and with the consent of the Chief of Police make calls outside the city Limits. The animal control officer will keep a record of every animal that comes within the possession and give this information to the shelter manager upon delivery of any such animal. The Humane Society agrees to keep a complete record concerning every animal brought to the shelter. The Humane Society agrees to operate the shelter in accordance with all city ordinances including the three -day holding period for stray animals. All cats and dogs delivered to the shelter shall become the property of the Humane Society unless same are claimed by their owners and returned to the owners upon the payment of proper charges and all such payments will belong to the Humane Society. Any animals unclaimed after three days (excluding Sundays and holidays) will be adopted or euthanized under the direction of the Humane Society, any euthanization to be by a person trained in this procedure. 5. City agrees to pay to the Humane Society the sum of $8,000.00 -2- /a. annually to be used by the Humane Society for the expenses of operation of the shelter. This payment shall be made by quarterly installments in the sum of $2,000.00 each, with $2,000.00 to be paid on February 1, 1985; $2,000.00 on May 1, 1985; $2,000.00 on August 1, 1985 and $2,000.00 on November 1, 1985 and like pay- ments on the same days of each year thereafter during the term of this lease. 6. City of Stephenville will furnish water and sewer service to the shelter without charge. All other expenses of the shelter are to be paid by the Humane Society. 7. Upon violation of any of the terms of this agreement by Erath County Humane Society,.Inc., this lease and contract may be terminated by the City of Stephenville and the land above described and all buildings and equipment thereon shall be taken into the possession of the City of Stephenville. EXECUTED in duplicate counterparts this '/Dye day of January, 1985. CITY OF )))STEPHEN/VILLE By �✓ ':N /. David Clayton, Mayor AT EST: City Secretary ERATH�COUNTY HUMANE SOCIETY, INC. BY Jaa 4hitis, President ATTEST: rte, CL W- ` &)nn rQ Secretary -3- STATE OF TEXAS COUNTY OF ERATH This instrument was acknowledged before me on January 1985, by DAVID CLAYTON, Mayor, on behalf of the CITY OF STEPHENVILLE, a municipal corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF ERATH This instrument was acknowledged before me on January 1FL, 1985, by JOYCE WHITIS, President on behalf of ERATH COUNTY HUMANE SOCIETY, INC., a non - profit corporation. J Notary Public, State of Texas -4- CERTIFICATE OF.CITY SECRETARY I, JOYCE PEMBERTON, City Secretary of the City of Stephenville, Texas, do hereby certify that the execution of the above and foregoing contract and lease by the Mayor on behalf of the City of Stephenville was authorized by resolution of the City Council of the City of Stephenville, passed at meeting of January /o , 1985, as shown in the minutes of the City Council at Volume at page thereof. WITNESS my hand and seal of office this 1,0t4 day of January, 1985. tom/ City Secretary CERTIFICATE OF SECRETARY I. 12M1WAhi 1�2a/i(ii , Secretary of the Board of Directors of Erath County Humane Society, Inc., do hereby certify that the execution of the above and foregoing contract and lease by the President on behalf of the Erath County Humane Society, Inc. was authorized by resolution of the Board of Directors of Erath County Humane Society, Inc., passed at meeting of January /O , 1985, as shown in the minutes of the Board of Directors at Volume [ at page thereof. WITNESS MY HAND this /D day of January, 1985. C i 1flAnn `ni 00 f.k Secretary �S j nnw,, ` v 5G�9 %S�SL 0 T 1 0 i ph ,h B K C 0 °1 J. B. tA< 1010 �_ O.9// /✓<. 0.22 ACRES 2 FIELD NOTES 37. 9i To Ay. 5 /9s9 Yo% 3G5 �. 330 DUPUY SY. A -196 ma.%�d i.4 qN r. sag A<. SY: %p S d Fd 455 zoo a,, 9// 4& MATHEW ROBERTS BY. A-640 THE STATE OF TEXAS: COUNTY OF ERATH: All that certain 0.22 acre tract of land out of the J. B. Dupuy Survey, Abstract No. 196, in Erath County, Texas, being part of that certain 2.2 acre tract conveyed by the Texas National Guard to the City of Stephenville in deed dated August 5, 1958 and recorded in Volume 365, Page 330 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod set in the east right of way line of U. S. Highway No. 281 and the west line of said 2.2 acre tract for the SW corner of this tract, from which the SW corner of said 2.2 acre tract bears S 17° 42' 48" E, 175.451; THENCE N 70° 49' 44" E along a fence line, 129.11' to an iron pipe fence corner post for the SE corner of this tract;. THENCE N 160 51' 37" W along a fence line, 37.91' to an iron pipe fence post for the NE corner of this tract; THENCE N 780 53' 35" W, 144.76' to an iron rod set in the east right of way line of said U. S. Highway - No. 281 for the NW corner of this tract; THENCE in a southerly direction along a curve to the left, Radius = 5669.611, Long Chord = S 160 15' 56" E, 111.011, along a curve distance of 111.02' to the place of beginning and containing 0.22 acres of land. 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, January 4, 1985. ................... IdAYNE GRAHAM .:................... E X H I B I T (o A RESOLUTION AND ORDER ESTABLISHING PROCEDURE FOR CITY OFFICERS' ELECTION WHEREAS, the laws of the State of Texas and the Charter of the City of Stephenville, provide that on April 6, 1985, there shall be elected the following officials for this City: 1- Council Member, Place 1 1- Council Member, Place 3 1- Council Member, Place 5 1- Council Member, Place 7 WHEREAS, the laws of the State of Texas and the Charter of Stephenville, further, provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution and order should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That all independent candidates at the election to be held on the first Saturday in April, 1985 for the above - mentioned offices file their application to become can - didates with the Mayor of the City at the City Hall, 354 N. Belknap Street, Stephenville, Texas, on or before the thirty -first day before the election, and that all of said applications shall be on a form as prescribed by the Election Code of the State of Texas. All candidates shall file the required loyalty affidavit. That the City Secretary shall post in her office the names of all candidates who have filed their applications in accordance with the terms and provisions of this resolution and order. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary. Said election shall be held at the City Recreation Building, 378 W. Long Street. The poll at the above designated polling place shall on said election day be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. The following named persons are hereby appointed officers for said election: Curtis Anglin will serve as Presiding Judge. Raymon Pack will serve as Alternate Presiding Judge. The Clerks for the election will be appointed by the Presiding Judge in a number not to exceed eight (8) Mrs. Joyce Pemberton is hereby appointed Clerk for absentee voting. The absen- tee voting for the above- designated election shall be at City Hall, 354 N. Belknap St., Stephenville, Texas, and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, Sunday, or official State holiday, beginning on the 20th day (March 18, 1985) and continuing through the 4th day (April 2, 1985) preceding the day of the election. The place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said absentee voting. The above designated place for absentee voting is also the absentee clerk's address to which ballot applicatons and ballots voted by mail may be sent. Said election shall be held in accordance with the Election Code of this State and only resident qualified voters of said City shall be eligible to vote at said election. PASSED, APPROVED AND ADOPTED THIS the 5th day of February, 1985. Mayor ty Secretary /% ..............._ __ - ORDER FOR CITY OFFICERS' ELECTION THE STATE OF TEXAS § CITY OF STEPHENVILLE§ I, David Clayton, in my capacity as Mayor of the City of Stephenville, Texas, do hereby order that an election be held in said City on the 6th day of April, 1985, for the purpose of electing the following officials for said City: FOUR CITY COUNCIL MEMBERS That in accordance with an order adopted by the City Council of said City, said election shall be held at the following place in said City, and the following named persons are hereby appointed officers for said election. In all Election Precincts, at The Recreation Building, in said City , with Mr. Curtis Anglin as Presiding Judge, and Mr. Raymon Pack as Alternate Presiding Judge, and said Presiding Judge shall appoint the necessary clerks to assist him which shall not exceed eight (8) clerks. Joyce Pemberton is hereby appointed Clerk for absentee voting. The absentee voting for the above designated election shall be held at City Hall within said City and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday, beginning on the 20th day and con- tinuing through the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8:30 a.m, and 5:00 p.m. on each day for absentee voting. That said election shall be held in accordance with the Election Code of this State and only resident qualified voters of said city shall be eligible to vote at said election. That the City Secretary shall give notice of said election by posting a copy of this order in each of the election precincts of said city, which posting shall be done, not less than 30 days prior to date fixed for said election. That immediately after said election is held, the officers holding the same shall make returns of the result thereof to the Mayor of this city as required by the Election Code of this State. A copy of this order shall also serve as a writ of election which shall be delivered to the above appointed Presiding Judge, for said election._ Z�ay