HomeMy WebLinkAbout1984-05-10 - Special City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
THURSDAY, MAY 10, 1984 - -10:00 A.M.
An Emergency 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
Councilmen: Floyd Gordon
W. G. Brede
James L. McSwain
Larry Tatum
Mayor Pro Tem G.A.Swindle
Larry Hammett
Charles Riggins
Ray Reynolds
and with the following members absent: None
City Administrator Kurt J. Ackermann, City Secretary Joyce
Pemberton, City Attorney Joseph Chandler, Chief of Police Doug
Conner, Lt. Ken Maltby, Dr. Joe F. Cummings, and Mr. John Pollan
were present.
Mayor Clayton recessed the Open Meeting and called the
Council into executive session as provided in the Texas Open
Meetings Law, Vernon's Texas Civil Statutes, Article 6252 -17, for
the purpose of discussing pending or contemplated litigation with
the City Attorney pertaining to personnel matters.
Mayor Clayton closed the executive session.
Mayor Clayton reconvened the Council into Open Meeting.
The following action was taken as a result of the discussion
in the executive session:
Councilman McSwain moved that the City Council authorize the
Mayor and City Attorney to contact Mr. S. J. Johndroe of Fort
Worth, Texas, with regard to Mr. Johndroe representing the City
of Stephenville in a suit filed in the United States District
Court for the Northern District of Texas Dallas, Texas, on May 8,
1984 by Johnny W. Osborne against the City of Stephenville, The
City Council, and Doug Conner, Chief of Police. Councilman
Gordon 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,
the meeting adjourned at 11:05 a.m.
ATTEST:
( 2 j"6c , �
ecretary
David Cla toif, Mayor
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AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE :LAND ADJACENT THERETO
AND BEING 26.53 ACRES OF THE HENRY PEARSON SURVEY WHICH IS DESCRIBED BELOW AiVD
WHICH JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH
ORDINANCE FULLY DESCRIBES SAID LAND:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
That certain land adjacent to the City of Stephenville and adjoining same
and specifically described as follows:
All that certain 26.53 acre tract of land out of the Henry Pearson
Survey, Abstract No. 613, in Erath County, Texas, being part of
that certain 123.59 acre tract of land described as Tract 1 in deed
from R. P. Wilson, Trustee, to R. P. Wilson and Enrico Trinchero,
dated January 17, 1983 and recorded in Volume 611, page 813 of the
Deed Records of Erath County, Texas, and described as follows:
BEGINNING at 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 No. 27 of said Pearson 'Survey, being an inner
corner of the R. P. Wilson 123.59 acre tract described in deed
mentioned above and in the present west city limits of the City of
Stephenville, for the SE corner of this tract;
THENCE S 580 50' 28" W, along a fence line along a south line of
said 123.59 acre tract and the south line of said Block 26, 1012.03
feet to the SW corner of this tract;
THENCE along the west lines of this tract as follows: N 31° 09'
32" W, 128.18 feet, continuing along a curve to the right, radius =
178.35 feet, long chord = N 86° 52' 43" W, 12.52 feet, along a
curve distance of 12.52 feet to the end of said curve and the
beginning of another curve, continuing along a curve to the left,
radius = 25 feet, long chord = S 59° 36' 37" W, 28.84 feet, along a
curve distance of 30.74 feet to the end of said curve, N 65° 47'
03" W, 50 feet; continuing along a curve to the left, radius =
145.02 feet, long chord = N 00° 06' 29" E, 118.47 feet, along a
curve distance of 122.04 feet to the end of said curve, N 24° 00'
W, 57.69 feet to the beginning of a curve, continuing along a curve
to the left, radius = 25 feet, long chord = N 63° 56' 08" W, 32.10
feet, along a curve distance of 34.86 feet to the end of said
curve, continuing along a curve to the right, radius = 202.94 feet,
long chord = N 72° 56' 57" W, 208.58 feet, along a curve distance
of 219.06 feet to the end of said curve continuing along a curve to
the left, radius = 152.94 feet, long chord = N 59° 40' 26" W, 92.73
feet, along a curve distance of 94.21 feet, N 12° 40' 43" E, 50
feet and N 31° 09' 32" W, 189.68 feet to a point in the north line
of a 43.988 acre tract out of said 123.59 acre tract, for the
westerly NW corner of this tract;
THENCE N 580 14' 50" E, 909.42 feet to an iron rod set at the NW
corner of a 5.775 acre tract of land described in deed from R. P.
Wilson et alto Bosque River Apartments, dated March 25, 1983 and
recorded in Volume 614, page 452 of the Deed Records of Erath
County, Texas, for an inner corner of this tract;
THENCE N 310 20' 07" W, along the west line of a 5.772 acre tract
of land described in said deed to Bosque River Apartments, 850.57
feet to an iron rod set at the NW corner of said 5.772 acre tract,
for the northerly NW corner of this tract;
THENCE N 630 05' 51" E, along the north line of said 5.772 acre
tract, 287.25 feet to a point in the east line of the Henry Pearson
Survey, being in the present west city limits of the City of
Stephenville, for the NE corner of this tract;
THENCE S 300 35' 48" E, along the east line of the Henry Pearson
Survey, 1663.67 feet to the place of beginning and containing 26.53
acres of land;
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is hereby received into the City Limits of the City of Stephenville and made a
part of the City of Stephenville and fhe City tim'its'of the City of Stephen-
ville are hereby extended in accordance with'the lines and'the' description of
the parcels of land hereinabove described.
The above described land is hereby annexed and made a part of the City of
Stephenville by virtue of petition presented to the City Council of the City
of Stephenville which petition was signed by R. P. Wilson and Enrico S.
Trinchero, who are the sole owners of the property,'and duly'sworn to by'-them;'
and all action having been taken by the City Council of the City of Stephen-
ville as required by the statutes of the State of Texas and by the charter of
the City of Stephenville` and hearing having'been'held as required by said
statutes and by the charter with notice thereof having been duly given as
required by the statutes of the State of Texas'and' the charter'ofIthe City of
Stephenville.
The City Council, having a quorum present at this meeting of May
1984, motion was duly made and duly seconded that this ordinance pass; and
upon vote; said mbtion carried unanimously. This ordinance shall go into
effect immediately and the above described land is hereby declared to be"
annexed and the same is declared to be a part of the City of Stephenville.
PASSED and APPROVED this /G U day`of'May, 1984.
ATTEST:
David'Clayton, Mayor
City Secretary
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AN ORDINANCE MAKING A FART OF THE CITY OF STEPHENVILLE LAND ADJACENT THERETO
AND BEING 63.81 ACRES OF THE WILLIAM MOTLEY SURVEY WHICH IS DESCRIBED BELOW
AND WHICH JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH
ORDINANCE FULLY DESCRIBES SAID LAND:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
That certain land adjacent to the City of Stephenville and adjoining same
and specifically described as follows:
TRACT ONE: All that certain 42.811 acre tract of land out of the
Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being
part of that certain 405.51 acre tract of land conveyed by Lemuel
A. Brock et ux to Stephenville Land, Inc. by deed recorded in
Volume 423, page 451 of the Deed Records of Erath County, Texas,
and described as follows:
BEGINNING at a point at the intersection of the west line of the
Stephenville Land, Inc. 405.51 acre tract and the present City
Limits of the City of Stephenville, Erath County, Texas, for the SW
corner of this tract, from which the NE corner of the Wm. Motley
Survey bears N 30° 42' 14" W, 1054.98 feet; N 30° 52' 29" W,
1612.45 feet; N 60° 08' 54" E, 1091.07 feet; N 59° 54' 52" E,
1151.95 feet; N 59° 55' E, 355.3 feet and ,N 59° 40' E, 224.3 feet;
THENCE along a fence line along the west line of said 405.51 acre
tract, 797.91 to the NW corner of this tract; THENCE N 38° 00' 20"
E, 2271.63 feet to a point in the west line of Dale Avenue North
Addition, Phase Two to the City of Stephenville, Erath County,
Texas, being in the west end of Bluebonnet Street, for the NE
corner of this tract; THENCE S 300 36' E, along the west line of
Dale Avenue North Addition Phase Two, 923.76 feet to an iron rod
set at the SW corner of Lot 12, Block 5 of Dale Avenue North
Addition, Phase Two for an external corner of this tract;
THENCE S 590 55' W, 137.64 feet to an iron rod set at the NW corner
of Lot 13 of Block 5 for an inner corner of this tract;
THENCE S 300 36' E, along the west line of said Lot 5, 55.53 feet
to a corner of the City Limits of the City of Stephenville, for a
corner of this tract;
THENCE in a southwesterly direction along the City Limits of
Stephenville as follows: S 39° 39' 16" W, 1176.38 feet to the
beginning of a curve, continuing along a curve to the right, radius
equal 5169.58 feet, long chord equal S 42° 02' 22" W, 426.83 feet,
along a curve distance of 426.95 feet to the end of said curve and
S 440 23' 04" W, 477.68 feet to the place of beginning and con-
taining 42.811 acres of land.
TRACT TWO: All that certain 21.00 acre tract of land out of the
Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being
part of that certain 405.51 acre tract of land conveyed by Lemuel
A. Brock et ux to Stephenville Land, Inc. by deed recorded in
Volume 423, page 451 of the Deed Records of Erath County, Texas,
and described as follows:
BEGINNING at an iron rod set in the west line of the Stephenville
Land, Inc. 405.51 acre tract, for the NW corner of this tract, from
which the NE corner of the Wm. Motley Survey bears N 30° 52' 29" W,
1437.66 feet; N 60° 08' 54" E, 1091.07 feet; N 59° 54' 52" E,
1151.95 feet; N 59° 55' E, 355.3 feet and N 59° 40' E, 224.3 feet;
THENCE N 380 00' 20" E, along the centerline of a power line,
2273.12 feet to an iron rod set at the NW corner of Lot 1 of Block
6 of Dale Avenue North Addition, Phase Two to the City of Stephenville,
for the NE corner of this tract;
THENCE S 30° 36' E, along the west line of Dale Avenue North
Addition, Phase Two, 432.38 feet to a point in the west end of
Bluebonnet Street, for the SE corner of this tract;
THENCE S 380 00' 20" W, 2271.68 feet to a point in the west line of
said 405.51 acre tract for the SW corner of this tract;
J70b
THENCE along a fence line along the west line of said 405.51 acre
tract as follows: N 30 °42' 14" W, 257.07 feet to an iron rod set
at a fence corner and N 30° 52' 29" W, 174.79 feet to the place of
beginning and containing 21.00 acres;
is hereby received into the City Limits of the City of Stephenville and made a
part of the City of Stephenville and the City Limits of the City of Stephenville
are hereby extended in accordance with the lines and the description of the
parcels of land hereinabove described.
The above described land is hereby annexed and made a.part of the City of
Stephenville by virtue of petition presented to the City Council of the City
of Stephenville which petition was signed by J. D. Davis, Jr. and Fred 0.
Placke, III, and duly sworn to by them and there being no inhabitants or
qualified voters residing in the boundaries of the said land annexed; and all
action having been taken by the City Council of the City of Stephenville as
required by the statutes of the State of Texas and by the charter of the City
of Stephenville and hearing having been held as required by said statutes and
by the charter with notice thereof having been duly given as required by the
statutes of the State of Texas and the charter of the City of Stephenville.
The City Council, having a quorum present at this meeting of May ,
1984, motion was duly made and duly seconded that this ordinance pass, and
upon vote, said motion carried unanimously. This ordinance shall go into
effect immediately and the above described land is hereby declared to be
annexed and the same is declared to be a part of the City of Stephenville.
PASSED and APPROVED this day of May, 1984.
David Clayton, Mayor
ATTEST:
cl'p' J
City Secretary
J74D E
R E S O L U T I O N
The City Council of the City of Stephenville, Texas, met on
May 16, 1984, for the purpose of disucssing the pending lawsuit,
Johnny Osborne vs. The City of Stephenville, Texas, with Attorney
S. G. Johndroe, Jr., of Fort Worth, Texas. After discussion,
motion was made, seconded and upon vote unanimously carried that
the following resolution be adopted:
BE IT RESOLVED that on May 16, 1984, the City Council of the
City of Stephenville, Texas, did vote unanimously to retain Mr.
S. G. Johndroe, Jr., of Fort Worth, Texas, to represent the City
of Stephenville in pending lawsuit of Johnny Osborne vs. The City
of Stephenville.
PASSED AND ADOPTED this the 16th day of May, 1984.
I, Joyce Pemberton, City Secretary of the City of Stephenville,
Texas, do hereby certify that the above is a true and correct
copy of the resolution passed and adopted by the City Council on
the 16th day of May, 1984, as it is recorded in Minute Book L of
the minutes of the City Council of Stephenville, Texas.
WITNESS MY HAND AND SEAL OF SAID CITY, This 31st day of May,
1984.
( -4 'e &7 't ---' '� � -/ I � 7&---1
,OoycgfPemberton, City Secretary
City of Stephenville, Texas