HomeMy WebLinkAbout1983-09-06 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
THURSDAY, SEPTEMBER 6, 1983 - 7:00 P.M.
The regular meeting of the City Council of the City of Stephenville was called
to order by the Mayor with the following, members present:
Mayor Joe F. Cummings
Councilmembers: Charles Biggins
John Pollan
G. A. Swindle
Councilmembers: William G. Brede
James L. McSwain
Ray Reynolds
David Clayton
and with the following member absent: Floyd Gordon.
City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney
Joseph Chandler, Director of Finance Charlene Young, Chief of Police Doug Conner, Fire
Chief Larry May, Purchasing Agent Betty Chew, Carroll Lee, Charles Castleberry, Max
Tarbet, Don Wallace, James Magill, Gene Morrison, and members of the press were also
present.
ITEM I: CONSIDER MINUTES OF AUGUST 9. 1983.
Councilman McSwain moved approval of the minutes of the City Council meeting
held on the 9th day of August, 1983, as written. Councilman Clayton seconded the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
RECMISI IDATIONS FROM PLANNING & ZONING COMMISSION
Mr. Charles Castleberry, chairman of the P & Z Commission, addressed the Council
regarding the following recommendations from the P & Z Commission:
Small Cement Mixing Plant: Mr. Castleberry advised the Council that the P & Z
Commdssi� voted unan mly to allow the establishment of a small cement mixing
plant on East Road. lie said the Commission felt that as the property was already
zoned Industrial and did not believe there would be a dust problem because of the
size of the operation it would be a welcome addition to the business community.
Mr. Castleberry advised that Mr. H. F. Curry was the only person registering an
objection (by telephone).
Amendment to the Zoning Ordinance: Mr. Castleberry advised the Council that the
P & Z Commission unanimously recommended the amendment to the Zoning Ordinance. He
explained that the amendment to the Zoning Ordinance pertained to Section 19B, Para-
graph 6, "Meetings and Quorums ". He said the ordinance presently requires seven members
present to have a quorum and the Commission is recommending a simple majority. He
said they believed this would be a big help in eliminating so many meetings being
delayed due to a "lack of a quortn".
After discussion, Councilman Riggins moved approval of the establishment of a
small cement mixing plant in the 200 block of East Road as recommended by the P & Z
Commission. Councilman Brede seconded the motion. The motion carried by the following_
vote:
AYES: All members present voted aye.
NOES: None
Councilman Brede moved that the City Attorney be directed to prepare an ordinance
amending the Zoning Ordinance as recommended by the P & Z Commission. Councilman
Reynolds seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
.... ......................
AN ORDINANCE GRANTING TO WARNER AMEX CABLE COMMUNICATIONS,
INC. THE RIGHT TO ERECT, MAINTAIN AND OPERATE IN, UNDER,
OVER, ACROSS, AND UPON THE LANES, STREETS, AVENUES, SIDE-
WALKS, ALLEY, BRIDGES AND HIGHWAYS AND OTHER PUBLIC PLACES
IN THE CITY OF STEPHENVILLE, TEXAS, AND SUBSEQUENT ADDITIONS'
THERETO, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY
CABLE OF TELEVISION SIGNALS TO ENABLE SALE OF THEIR COM-
MUNITY TELEVISION ANTENNA SERVICE TO THE INHABITANTS OF SAID
CITY, AND OTHER PURPOSES, FOR A PERIOD OF 15 YEARS
WITH RENEWAL OPTION FOR 15 YEARS THEREAFTER, AND
REGULATING THE SAME.'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
SECTION 1. SHORT TITLE. This ordinance'shall be known and
may be cited as the Warner Amex Communications, Inc.
Franchise.
SECTION 2. DEFINITIONS. For purposes of this ordinance,the
following terms, phrases, words, abbreviations, and their,
derivations shall have the same meanings given herein. When
not inconsistent with the context, words used in the present
tense include the future; words in the plural number include
singular number, and works in the singular include . the
plural. The word "shall" is always mandatory and not merely
permissive.
a. "Ba.sic Service" shall mean all communications
services provided by the Grantee including the delivery
of broadcast signals and programming originated over
the network, covered by the minimum monthly cnarge.paid
by subscribers.
b. Warner Amex Cable Communications System shall mean
cable television system as hereinafter defined.
C. "Cable television system" shall mean any system
which receives and amplifies signals broadcast by one
or more television and /or radio stations and which
transmits programming originated by the system itself
or by another party, and distributes such signals and
programming by cable.
d. "City" means the City of Stephenville, Texas.
e. "City Council" means the governing body of the City
of Stephenville.
f. "Converter" shall mean an electronic device capable
of converting electronic signals to other than their
original frequencies.
g. "Dwelling Unit" shall mean a room or suite of
rooms, in ,a building or portion thereof, designed
for living, purposes by one family.
h. "FCC" shall mean the Federal Communications
Commission.
i. "Franchise" shall mean the authorization granted
by this ordinance to construct, operate, and maintain
a cable television system in the City of Stephenville.
j. "Grantor" shall mean the City of Stephenville.
k. !'Grantee" shall mean Warner Amex Cable Communi-
cations, Inc., Stephenville System, a corporation, the
party to which a franchise by this ordinance is granted,
and includes its lawful successor and assigns.
1. "Gross Annual Revenues" shall mean all revenues
received by the Grantee from and in connection with the
operation of a cable television system as authorized
by this franchise. For the purposes of this section,
this term shall include subscriber fees, charges for
lease of channels, revenue from advertising, revenues
from installation fees and pay television. The term
shall not include any taxes on services furnished by
the Grantee which are imposed directly on any subscriber
or user by the City, State, or other governmental unit
and collected by the Grantee for such governmental unit.
M. "Person" shall mean an individual, firm, partnership,
association, corporation, company, or organization of
any kind.
n. "Pay Television" shall mean the delivery over the
Grantee's system of video .and audio signals in intelli-
f
gible form to subscribers or a fee or charge over and
above the charge for basic services, on a per program,
per channel, or other subscription basis.
o. "Premium Service" shall mean the same as pay
television.
p. "Subscriber" shall mean a recipient of services
which are delivered over the Grantee's system.
q. "Street" shall mean the surface of and the space
above and below any public street, road, highway,
freeway, lane, path, public way or place, sidewalk,
alley, boulevard, parkway, drive or other easement now
or hereafter held by the City and shall include other .
easements or rights of way as shall be now held or
hereafter held by the City and its Grantee to the use
thereof for the purposes of installing or transmitting
cable television system transmissions over poles,'
wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and
pertinent to a cable television system..
r. "User "! shall.mean a person utilizing a cable
television system channel for ,purposes of production
or transmission of materials to subscribers.
SECTION 3. GRANTING CLAUSE. There is hereby granted by the
City to Warner Amex Cable Communications, Inc. hereinafter
referred to as Grantee, the right and privilege to construct,
erect, operate, and maintain in, upon, alonq, across, above,
over, and under the streets now laid out or dedicated, and
all extensions thereof, and additions thereto in the City,
poles,, wires, cables, underground, conduits, manholes, and
other cablevision conductors and fixtures necessary for the
maintenance, operation, and distribution of television and
radio signals to and from subscribers and /or users.
? �
r
SECTION 4. FRANCHISE TERM. The franchise term and the
rights, privilege, and authority hereby granted shall take
effect and be in force thirty days from and after final
passage hereof, and shall continue in force and effect for a
'term of 15 years, provided that within thirty days
after the a-3 to of the final passage of this franchise
ordinance the Grantee shall file with the City Secretary its
unconditional acceptance of the terms of the franchise
ordinance and promise to 'comply and abide by all its pro-
visions, terms, and conditions. Such acceptance and promise .
shall be in writing duly executed and sworn to, by and on
behalf of the Grantee before a notary public. In the event'
that such instrument as aforesaid shall not be filed within
the time required, this ordinance and the rights, privi-
leges, and franchise as hereby granted shall ipso facto be,
and become, terminated, null and void.
SECTION 5. FRANCHISE RENEWAL PROCEDURES.
a. This franchise may be renewed by the City Council
upon application by the Grantee pursuant to the procedures
established in this Section, and in accordance with the
then existing rules of the FCC, State of Texas, and
applicable laws.
b. At least six months prior to the expiration of the
franchise the Grantee shall inform the City in writing
if it intends to seek renewal of the franchise.
c. After giving public notice, the Council shall
proceed to determine whether the Grantee has satisfactorily
performed all obligations under the franchise. To determine
technical developments and performances of the system,
programming, other services offered, costs of services, and
j any other particular.requirements set out in this ordinance;
also the City shall consider the records of the performance
Evaluation Sessions required by this ordinance. The City
Council shall also be entitled to consider or compare the
Grantee's performance with the performance of other systems'
of comparable configuration nationally in arriving at its
decision. Provision shall also be made to receive and con
siAer comments of subscribers to and users of the system.
d. Upon finding that the Grantee's performance is not
satisfactory, the City Council may commence to seek other
applicants for the franchise and a new franchise may be
awarded utilizing procedures adopted by the City Council at
that time.
e. In order to provide the City with an adequate amount
of the Grantees performance data, the Grantee herein
specifically agrees to request a renewal of the franchise
no sooner than 10 years from the effective date of
this ordinance.
SECTION 6. TRANSFER OF FRANCHISE.
a. The franchise granted under this ordinance shall be a
privilege to be held in personal trust by the Grantee. It
shall not be assigned, transferred, sold or disposed of, in
whole or in part, by voluntary sale, merger, consolidation
or otherwise or by force or involuntary sale, without prior
consent of the City Council expressed by ordinance, and then
on only such conditions as may therein be prescribed. The
City is hereby empowered to take legal or equitable action
to set aside, annul, revoke or cancel the franchise, or the
transfer of the franchise, if said transfer is not made
according to the procedures established.in this ordinance.
b. The City shall not withhold its consent unreasonably;
provided, however, that the proposed assignee shall agree to
provide proof of financial and operational responsibility
as determined by the City Council.
c. Nothing in this Section shall be deemed to 'prohibit
the mortgage or pledge of the system or any part thereof
for financing purposes nor shall Council's consent be
required therefor.
SECTION 7. FRANCHISE TERRITORY AND LINE EXTENSION POLICY.
a. This franchise shall be for the present territorial
limits of the City of Stephenville and for any area hence-
forth added thereto during the term of the franchise.
The Grantee hereby agrees to provide cable television
service availability to .11 property within the city limits
as of the effective date of this ordinance and in accordance
with subsection b below.
b. The Grantee shall extend its services to areas annexed
to the City of Stephenville subsequent to the effective
date of this ordinance. Whenever the Grantee shall have
received written request for` service from a potential
subscriber within 500 cable feet of its aerial cable or
200 cable feet of its underground cable, it shall extend its
system to such subscriber. The distance shall be measured
in extension length of Grantee's cable required for service
located within the public way or easement and shall not
include length of necessary drop to the subscriber's home
or premises, such extension shall be made within 30 days
of making request.'
SECTION B. .USE OF STREETS
a. The Grantee shall have the right to use the streets
of the city for construction, operation, and maintenance
of a cable television system as prescribed, regulated
and limited by provisions of this ordinance, and by State,
local, and Federal law, both present and future.
b., All transmission and distribution structures, lines,
and equipment erected by the Grantee within the city shall
be so located as to cause minimum interference with the
proper use of streets and to cause minimum interference .
with the rights and reasonable convenience of property
owners who join any of the said streets.
C. In case of disturbance of any street or paved area the
Grantee shall, at its own cost and expense and in a manner
approved by the City Administrator or his designated agent,
replace and restore such street and /or paved area in as
good condition as before the work involving such disturbance
was done. Before any such work may begin, Grantee shall
notify the City Administrator of any such work intended at
least five (5) days before such work is begun.
d. If at any time during the period of the franchise the
City shall lawfully elect to alter or change the grade of
any street or construct any other public works, the Grantee
upon reasonable notice by the City, shall remove, relay,
and relocate its poles, wires, cables, underground conduits,
manholes, and other fixtures at its own expense.
A 16
e. The Grantee shall, on the request of any person holding
a moving permit issued by the City, temporarily raise or
lower its wires to permit the moving of buildings. The
expense.of such temporary removal or raising or lowering of
wires shall be paid by the person requesting the same, and'the
Grantee shall have the authorization to require the payment
in advance. Such paymenL shall not exceed the Grantee's cost._
The Grantee shall be given not less than 48 hours advance
notice to arrange for such temporary wire changes.
f. The Grantee shall have the authority to trim trees upon
and overhanging streets of the city so as to prevent the
branches of such trees from coming in contact with the wires
and cables of the Grantee, except that at the option of the
city, such trimming may be done by it or under its supervision.
and direction at the expense of the Grantee if Grantee has
failed after two weeks' notice to perform such work. City
may at any time with Grantee's concurrence perform such
work at Grantee's expense.
g. The Grantee shall, prior to the construction of any
portion of the transmission and /or distribution plant of the
cable television system, submit detailed plans and specifica-
tions of the distribution system to the City Administrator
or his designated agent for review and approval. No con -
struction shall start until such plans have been approved.
h. The Grantee shall at all times employ ordinary care and
shall install and maintain- in use commonly accepted methods
and devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the public.
i. All structures and all lines, equipment, and connections
in, over, under, and upon all streets of the franchise
area shall be kept and maintained in a safe and suitable
condition and in good order of repair.
SECTION 9. CONFORMANCE TO CERTAIN STANDARDS.
a. Methods of construction, installation and maintenance
of the cable television system.shall comply with national
and local law affecting the construction, installation, and
maintenance of electric supply and communication lines.
b. Any tower constructed for use in the cable television
system shall comply with the standards contained in
Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures, EIA Standards RS -222 -A as published
by the Engineering Department of the Electronic Industries
Association, 2001 I Street, NW, Washington, D.C. 20006.
c. Installation and physical dimensions of any power
constructed for use in the cable television system shall
comply with all appropriate Federal Aviation Agency regula-
tions, including, but not limited to Objectives Affectinq
Navigable Airspace, 14 C.F.R.77.1 et seq., February, 1967.
d. Any antenna structure in the cable television system
shall comply with Construction, Marking, and Lighting of
i
Antenna Structures, 47 C.F.R. et seq.; September, 1967,
SECTION 10. SPECIAL SERVICES. Grantee agrees that its system
will be designed and constructed to offer specialty service of
an emergency alert override system..
SECTION 11. SYSTEM TECHNICAL STANDARDS.
a. The Grantee hereby agrees to construct and maintain the
cable television system utilizing the pertinent technical
standards delineated in the FCC Rules and Regulations as
now exist or may hereinafter be amended.
b. The Grantee further agrees to provide the following in
the construction, operation, and maintenance of the cable
television system.
1. The cable television system shall be continuously
operational on a 24 -hour a day basis.
2. The cable television system shall be designed and
operated so as to avoid causing interference with
reception of off - the -air signals by non - subscribers to
the system.
SECTION 12. RATES AND CHARGES FOR SERVICE.
a. The City Council shall be empowered to determine, fix,
and regulate the charges,.fares, or rates of the Grantee
and from time to time alter or change such rates.
b. The City shall fix and regulate rates for services
which shall include, but not be limited to, the following:
1. Rates for the provision of basic service to sub-
scribers, residential or non - residential.
2. Rates for the connection and installation of services,
and for the disconnection and /or reconnection of such
services.
c. Initial maximum rates for 'services of the cable
television system shall be as follows:
All rates and charges whether or not subject to Council
approval exacted by Warner Amex Cable Communications, shall
be just and uniform, and a schedule of the rates and
charges shall be filed with the City Council. The
Company shall have the right to revise its schedule
of charges, except that rates and charges subject to
the approval of the City Council shall be revised in
accordance with subsection (d) hereof.
The Company herein,.its employees and servants, shall
have the right and privilege of soliciting subscribers
to the service to be furnished by Company, and to
receive from each of such subscribers, the sum of
$25.00 to cover the Company's expense of
connecting such subscriber to Company's system, and the
additional amount due to cover the charge made to each
such subscriber for the first month's service furnished
by Company. The Company shall be and is hereby
authorized to charge each of Company's subscribers
for the service to be furnished by Company:
1. The following sums as other installation charges:
a. $12.50 for installation of additional outlets,
b. $25.00 for a transfer (includes all same services),
c. $10.00 to relocate,
d. $10.00 for wall drops (Additional charge),
I
e. Underground installation to be performed at
cost,
f. Aerial installations over 500 feet shall be
at the then regular installation rate
for the first 500 feet1 and at cost for all
distances above 500 feet.
2. The following sums each month, payable in advancer
a. $9.75 per month for one television in building
for basic primary service, which consists of channels
4, 5, 8, 11, 10, 13, 39, ESPN, MTV, NICK /ARTS, and
local weather.
b. $1.85 per month for the second or any additional
television sets in the same household or building:
C. The basic primary service rate shall increase to
$10.50 at the completion of the system rebuild
required in section 17(c) herein.
Such rates shall be subjected to review in the future
by the City Council.
d. The Grantee or City may, from time to time, establish
revised rates for service. The following procedures are
hereby adopted to provide for a method for the review of
rates:
1. The Grantee shall file a petition with the City,
which petition will contain full and detailed information
concerning the rate revisions being requested and supporting
financial documentation for such rate revision.
2. The City Council shall establish the date and time
for hearing by resolution on such rate revision request
within.a reasonable period of time.
SECTION 13. PAYMENTS TO THE CITY.
a. Annual Franchise Payment. In consideration of the terms
of this franchise, the Grantee shall pay annually to the City
a sum equal to 3 percent of the gross annual revenues of
the cable television system. Such payment shall be in addition
to and shall not be construed as payment in lieu of personal
or real property taxes levied by the City.
b. It is recognized that the 3 percent franchise fee is
established in conformance with the current FCC rules on Cable
Television Systems. In the event the FCC shall modify such
rules so as to eliminate or alter in any fashion the 3
percent franchise fee limitation or in the event that such
3 percent franchise fee limitation shall be eliminated or
altered by judicial determination, the City reserves the right _
to renegotiate the amount of fee. If such franchise fee is
raised during the two -year period that Grantee's rates are
fixed, then Grantee shall have the right to request an increase
in rates sufficient to pay such additional revenue to the City.
C. The payment due to the City as is required in Subsection (a)
above, shall be computed and due annually, based on the pre-
ceding calendar year. The Grantee shall file with the City
Secretary within 90 days after the expiration of each calendar
year an annual report prepared and audited by a Certified
Public Accountant, clearly showing the annual gross revenues
attributable to the Stephenville Cable Television System for
the preceding calendar year. Payment of the annual franchise
fee shall be made to the City not later than March 31st of
each year following.
d. No acceptance of any payment by the City shall be
construed as a release or as an accord and tatisfaction or
any claim the City may have for further or additional sums
payable as a franchise fee under this ordinance or for the
performance of any other obligation of the Grantee,
SECTION 14, LIABILITY AND INDEMNIFICATION.
a. The Grantee shall indemnify and hold the City harmless
from any and all loss sustained by the City on account of
any suit, judgment, execution, claim or demand whatsoever
against the City resulting from the Grantee's construction,
operation, or maintenance of the cable television system.
b. Warner Amex Cable Communications, Inc., herein called
Company, shall indemnify, protect and save harmless the City
from and against losses and physical damages to property,
and bodily injury or death to persons, including payments
made under any Workmen's Compensation Law, which may arise
out of or be caused by Company's erection, maintenance,
presence, use or removal of said attachments on poles within
the City, or,by any act of the Company, its agents or
employees, or for interruption of service or for failure of
its facilities or plants to perform normal servic.e due to
force majeure. The Company shall carry insurance, to pro-
tect the parties hereto from and against all claims, demands,
actions, judgments, co- expenses, and liabilities which may
arise or result, directly or indirectly from or by reason.
of such loss, injury or damage. The amounts of such insurance
not be less than $500,000 as to any one accident and not less
than $1,000,000 aggregate in any single policy year; and
against liability due to bodily injury or to death of persons
not less than $1,000,000 as to any one person and no less
than $1,000,000 as to any one accident. The Company shall
also carry such insurance as it deems necessary to protect
it from all claims under the Workmen's Compensation Law$
in effect that may be applicable to the Company. All
insurance required by this agreement shall be and remain
in full force and effect for the entire life of this agreement.
Said policy or policies of insurance or a certified copy or
copies thereof, shall be approved by the City Attorney of.
Stephenville; and.then deposited with and kept on file by the
City Secretary.
SECTION 15. REPORTS` AND RECORDS.
a. Copies of all petitions, applications, and communications
submitted by the Grantee to the Federal Communications
Commission, Securities and Exchange Commission, or any other
federal or state regulatory agency having jurisdiction in
respect to any matters affecting cable television operations
authorized pursuant to th.e franchise shall be simultaneously
submitted to the City Administrator or his designated agent
upon request.
b.' The Grantee shall maintain an office in the City for so
long as it continues to operate the system or any portion
thereof and shall designate such offices as the place where
all notices, directions, orders, and requests may be served
or delivered under this ordinance. The City Administrator
shall be notified of the location of such office or any
change thereof.
a. Office and Phone for Service. The Grantee shall maintain
an office in the City which shall be open during all usual
business hours, have a locally listed telephone, and be so
operated that complaints and requests for repairs or adjust-
ments may be received at any time, and for the receipt of.
sums due by its subscribers and shall provide for regular
billing of accounts.
b. Service Response Time. The Grantee shall provide "same
day" service response, seven (7) days a week, for all com-
plaints and requests for repairs or adjustments received
prior to 2:OO p.m. each day. In no event shall the response
time for calls received subsequent to 2 :00 p.m. exceed
twenty -four (24) hours unless extenuating circumstances exist.
SECTION 17. OTHER PROVISIONS.
a. Emergency Alert Override. The Grantee shall incorporate
into its facilities the capabilities for an emergency over-
ride audio alert whereby a designee of the City in times of
emergency may introduce an audio and video message on all
channels simultaneously..
b. Neither the owner of any multiple. unit residential
dwelling, including, but not limited to, high rise apartment
buildings, townhouse developments and trailer parks, nor his
agent or representative shall pe.nalize,.charge, or surcharge
a tenant or resident, or forfeit or threaten to forfeit any
right of such tenant or resident, or discriminate in any Way ;
against such tenant or resident who requests or receives
cable television service from a franchise operating under a
valid and existing cable television franchise issued by the
City. No resident of any multiple unit residential dwelling
shall be denied cable television service furnished under.}
Valid and existing franchise issued by the City.
c. Company shall commence to rebuild all outside facilities
and have the rebuild completed no later than eighteen (18)
months after the acceptance,of the ordinance. The new system
shall be capable of carrying 35 standard television channels
and shall be 2 -way capable. Actual activation of the ex-
panded channel capacity and 2 -way operation shall be done on
an incremental_ basis, as market conditions allow.
SECTION 18. TERMINATION.
a. City, at its option, may terminate this contract by
giving written notice of such termination to Grantee upon
occurrence of any of the following:
Filing of a voluntary bankruptcy petition by Grantee.
2. Taking of jurisdiction of Grantee or his assets in
bankruptcy proceedings by any court, such proceedings
not being vacated within 30 days.
3. Taking by execution of Grantee's interest in this
contract or of property placed on the premises.
4. Appointment by a court of a receiver for Grantee,
such proceedings not being vacated within 30 days.`
b. Notwithstanding any other provision in this ordinance,
the City Council shall have the option to cancel and
terminate this franchise at any time for failure of the
Grantee to comply with material provision or requirement con -
tained herein after 30 days written notice to do so and after
a due process public proceeding.
SECTION 19. SEVERABILITY PROVISION. If any section, sentence,
clause, or phrase of the ordinance is held unconstitutional or
otherwise invalid, such infirmity shall not affect the validity
of the ordinance; and, any portions in conflict are hereby
repealed. Provided, however, that in the event that the Federal
Communications Commission declares any section invalid, then
such a section or sections will be renegotiated by the City and
the Grantee.
The above and foregoing ordinance was read at a regular
meeting of the City Council of the City of Stephenville held
on the 5th day of July, 1983.
The above and foregoing ordinance was read at a regular
meeting of the City Council of the City of Stephenville held
on the 9th day of August, 1983.
The above and foregoing ordinance was read at a regular
meeting of the City Council of the City of Stephenville held
on the 6th day. of. September, 1983.
FINALLY PASSED AND APPROVED this 6th day of September, 1983.
ATTEST:
i
ty ecretarY
The full text of the above ordinance was published in the
Stephenville Empire- Tribune for four consecutive weeks in the
issues of July lOth, July 17th, July 24th andJuly 31st of the
year 1983.
To certify which witness my hand and seal of office this
6th day of September, 1983.
ity _ecre ary
293
ITEM III: THIRD AND FINAL READING OF WARNER -AMEX CABLE TV ORDINANCE
Councilman Brede moved approval of the third and final reading of the Warner -
Amex Cable TV Ordinance. Councilman Pollan seconded the motion. The motion carried
by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM IV: HEAR REQUEST FROM MRS. MABLE MOORE FOR ASSISTANCE INSTALLING
CURB AND GUTTER AT HER RESIDENCE.
Mr. James Moore addressed the Council on behalf of his mother, Mrs. Mable Moore,
regarding drainage problems on his mother's property located at 403 S. Second Street.
Mr. Moore advised the Council that when the railroad crossing on Long Street was changed
and the tinhorns installed it diverted the water drainage onto his mother's property.
He said "if it ever rains really hard, water will be in her house ". He said he felt
the city had some responsibility and should participate in installing curb and gutter
at her home.
After considerable discussion, it was the consensus of the Mayor and Council that
as Santa Fe Railway had designed the railroad crossing and the State Highway Department
had installed the tinhorns that the city had no responsibility in this area.
The Council directed the City Administrator to contact Mr. Fred Atnip with the
State Department of Highways and Public Transportation to see if he would contact Santa
Fe Railway for them to send a letter to Mrs. Moore to see what they have to say as they
are the ones that designed the crossing and the drainage flow.
ITEM V: HEAR COMMITTEE REPORT ON TSU REQUEST TO PURCHASE A PORTION OF TURNER ST.
Councilman Brede reported that the committee recommended putting the property up
for sale by bid. He also reported that Browder Oil Co. has not given any indication of
interest in the property.
Councilman Brede moved that a portion of Turner Street be put up for sale on a bid
process. Councilman Swindle seconded the motion, The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
After some discussion, the Council agreed that Mayor CumAngs and City Administrator
Ackermann should meet and talk with the contractor on the Lillian Street tunnel project
as he has already exceeded his time limit.
ITEM VI: CONSIDER RESOLUTION TO RENEW ASSESSING
ROM ERATH COUNTY
Councilman Riggins moved passage of the following resolution renewing assessing
services from Erath County Central Appraisal District. Councilman Pollan seconded the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
RESOLUTION
WHEREAS, the Erath County Central Appraisal District is performing property tax
assessment services for the City of Stephenville for the current tax year, and
WHEREAS, it has been demonstrated that a benefit is provided to the citizens
through lower city tax administration costs, and
WHEREAS, the Board of Tax Assessor Examiners for the State of Texas is requiring
a written record between the City of Stephenville and Erath County Central Appraisal
District to continue these services,
BE IT THEREFORE RESOLVED, that the Mayor and City Council of the City of
Stephenville, Texas, does, by this Resolution, desire to continue an agreement
with the Erath County Central Appraisal District and that said agency provide
to the City property tax assessment services for the coming tax year beginning
October 1, 1983.
PASSED AND ADOPTED this the 6th day of September, 1983.
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Mayor Cummings reminded the Council of past discussion regarding the County or
the C.A.D. collecting taxes for the City. Mr. Bachus has advised the City Administrator
that he needs to know by the 8th of September, 1983, in order to get the tax state-
ments out on time.
After some discussion, Mayor Cummings set Thursday, September 15, 1983 at 3:30 pm
as the date, time, and place for a special meeting in which the Council will take action
on this matter.
ITEM VII: CONSIDER FINAL, PLAT ON THE PARK =W ADDITION.
This item was tabled due to Mr. Bill Tidwell's failure to present a final plat.
ITEM VIII: CONSIDER HONORARY APPOINTMENT FOR COLONEL KENNETH (TEX) CAREY.
Mayor Cummings explained that, according to a letter received, apparently
Colonel Carey was a native of Stephenville who has served with distinction in the
military service and is about to retire. A big retirement celebration is being
planned and they would like to have some type of letter or appointment as an honorary
councilmember or something of that nature.
Mayor Cummings suggested that, with the Council's approval, the City Administrator
write a letter designating, in appropriate terms, Colonel Carey as "a favorite son"
of the City of Stephenville.
ITEM IX: CONSIDER BID AUTHORIZATION FOR THE FOLLOWING ITEMS.
Councilman Clayton moved that the appropriate departments be authorized to invite
bids on a word processing system, Risk Management consultants, and building improvements
to the police station. Councilman Swindle seconded the motion. The motion carried
by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM X: CONSIDER RECUM'lENDATIONS TO CITY ATTORNEY IN RESPONSE TO LETTER
FROM AIRPORT MANAGERS ATTORNEY..
Mayor Cummings reminded the Council of the letter from Mr. Helgason's attorney
discussed in a previous meeting.
Councilman McSwain suggested that the Council direct Mr. Chandler to inform. Mr.
Helgason's attorney that the city has a lease and would like for it to remain in effect
as it is written with the possible exception of Item 10 which would specify that all
fees, utility bills, and commissions shall be payable to the city no later than the
15th of each month.
295
City Attorney Chandler discussed with the Council the letter in question from
Mr. Helgason's attorney, Robert M. Mahanay, dated August 16, 1983.
After discussion, Mayor CuTn ngs recapped the discussion as follows:
a. Mr Mahanay proposed a new contract. The Council is opposed to that. The
city has a contract in effect if they will add section 10 of proposed con-
tract about a specific date for collections.
The Council agrees to the same payment to Mr. Helgason on the new hangars as
on the old one.
b. The Council agrees to payment to Mr. Helgason of the amount due him for a
share of the rent on the new hangars collected by the city.
c. The Council does not agree to reimmbursemnt to Mr. Helgason of his attorney
fees in the amount of $1,750.00.
d. The Council does agree to pay the court costs for injunction against city
filed by Mr. Helgason.
Councilman Pollan moved that City Attorney Chandler be authorized to convey the
above proposals to Mr. Mahanay. Councilman Riggins seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
Mayor Cummings read Mr. Hardy Lockhart's official letter of retirement as City
Building Inspector, effective October 1, 1983.
Mayor Cunnings outlined the agenda items for the special meting on Septemmber
15th, 1983.
Mayor Cummings, with the consent of the Council, asked the City Administrator
to start preparing now an evaluation of personnel - pay grades - etc. for next year's
budget. He said that with some of the changes made this year that he wanted to make
sure we don't get off balance.
ITEM XI: Mayor Cummings adjourned the open meeting and called the Council into
executive session for the purpose of discussing personnel as provided in the Open Meetings
Law, V.T.C.S., Article 6252 -17, Section 2(g).
Mayor Cummings reconvened the Council into open meting and the following action
was taken:
Councilman Clayton moved that Larry May be appointed permanently as Fire Chief
and given a 10% salary increase. Councilman. Brede seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
There being no other business to com before the Council, the meeting adjourned
at 9:00 p.m.
Cuamings, Mayor
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