HomeMy WebLinkAbout1968-03-25 - Special City CouncilStephenville, Texas
s / March 25, 1958
The City Council met in a called meeting on the above date with Mayor Arthur
presiding and the following Councilmembers present: Robert Herrin, Mrs. Doyle
White, Garlan Loudermilk, Charles Riggins, W. M. Irwin, Telefus Cawyer, Raymond
Anderson, and Mrs. Fred McCleskey.
It was moved by Councilman Irwin and seconded by Councilwoman McCleskey to adopt
an ordinance authorizing conveyance of that certain land vacated as an alley
by previous action of the City Council of Stephenville, Texas, to owners of
land on each side of said alley.
The motion carried unanimously. (Sind ordinance being attached to and becoming
a part of these minutes.)
City Secretary presented a letter from Briggs Weaver Company which was a request
for payment of a bill for pump parts in the amount of $1674.42.
This was referred to the Water Committee for study and report. ,
Mr. Charlie Walker appeared before the Council and reported that sewage is
flowing on top of the ground in back of his residence. There are five houses
in the area that are not on City sewer. The sewage is a health hazard to all
in the heighborhood and Lr. Walker asked the Council to do something to correct
this situation. ,
It was agreed to check into this in. effect to correct the problem at an early
date.
There being no other business at this time, the C
subject to the Mayor's call.
MV6?2t
Ci Secretary
CONSENT TO TRANSFER
OF GARBAGE COLLECTION AND DISPOSAL FRANCHISE
AN ORDINANCE GRANTING PERMISSION TO.HARLAN HUEY TO TRANSFER AND ASSIGN
FRANCHISE GRANTED HIP? BY CITY CO?TNCTL OF CITY OF STEPHENVILLE TO FURNISH
GARAGE COLLECTION., AND DISPOSAL SERVICE TO RESI^ENTS OF THE CITY OF STEPHEN -
VILLE, STJCH TRANSFER AND ASSIGNMENT TO BE MADE TO B. R. BLEDSOE, AND EXTENDING
TERM FOR PERIOD OF TEN YEARS FROG" DATE OF T:dIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
SECTION ONE
Harlan Huey is hereby granted permission and consent to transfer
to B. R. Bledsoe franchise granted to Harlan Huey by the City Council of the
City of Stephenville to furnish garbage collection and disposal service to
the residents of the City of Stephenville and permitting the use of the
streets, alleys and public ways for the purpose of furnishing and performing
this service, such franchise being dated Oc'to'ber 4, 1956, and recorded in the
minutes of the meeting held on that date of this City Council.
SECTION TWO
Said franchise shall remain exactly as granted to Harlan Huey with
the exception of the extension of time for a period of ten years from this
date and permission to raise rates as hereinafter set out. B. R. Bledsoe
shall take such transfer and take the place of Harlan Huey in said franchise
and will be responsible to fully perform under the terms of said franchise and
subject to all the terms and conditions thereof.
SECTION THREE
The rates and-charges for the service of collecting and disposing
of garbage and refuse to be made by B. R. Bledsoe are fixed and determined
as follows:
(a) $2.00 per month for pickup from residential premises;
('b)' $2.65 per month for pickup and disposal from business
and commercial premises. This is a minimum and may
be increased by agreement if amount above average.
Above rates are subject to change by action of the City Council either upon
application of B. R. Bledsoe or without such application. City Council:
will not make any change in rates without giving notice to B. R. Bledsoe and
permitting him to appear before the Council and be heard on the matter of
any change in rates.
SECTION FOUR
The term of the franchise as assigned to B. R. Bledsie by Harlan
Huey shall begin on the lst day of April, 1958, and shall extend for a
period of ten years thereafter, subject to the provisions herein set out.
As provided
B. R. Bledsoe without
of Stephenville.
SECTIONN FIVE
in the original franchise, it cannot be assigned by
the written consent of the City Council of the City
PASSED AND APPROVED this 5th
City Secretary
a�
to �z
Form 1037
MUNICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
COUNTY OF IRM ,
TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the Public convenience, safety and necessity of the
City, and the people of the City require that State Highway routes within the
City be adequately maintained; and
WHEREAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
WHEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and expense,
enter upon and maintain said ,project, conditioned upon the ,provisions concerning
liabilities and responsibilities for maintenance, control, supervision, and
regulation which are set out in the form attached hereto, made a part hereof, and
marked "MUNICIPAL MAINTENANCE AGREEMENT "; and
WHEREAS, said project consists of those State Highways and /or
portions thereof which are described and included in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT."
NOW, THEREFORE, BE IT ORDAINED by the O:Lw Co mm32 Of
St ybonrr=e. Tema
SECTION 1. That the public convenience, safety and necessity of the City
and the ,people of the City require said project be adequately maintained.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project.
SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement with
the State of Texas, in accordance with and for the purpose of carrying out the
terms and provisions of this order, in the form attached hereto, made a part hereto,
and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed
to attest the agreement and to affix the proper seal of the City thereto.
SECTION 4. The Mayor of the City, having requested in writing that this ordinance
take effect forthwith and there being in fact an emergency and imperative necessity
that the work herein provided for be begun and carried out promptly and with expedition
and that the agreement aforesaid shall be immediately made, executed and delivered
to the end that such work herein ,provided for may be begun and carried out promptly
and with expedition. The reading of the ordinance on three several days is hereby
dispensed with and the same shall be in full force and effect from and after its
passage. -
Form 1037
STATE OF TEXAS
COUNTY OF sun
1, Rex H. Cates , the duly appointed,
qualified and acting city secretary of the City of st"beadue ,
Texas, hereby certify that the foregoing ,pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
5th of March , A.D., 19 68 , at 7 :00 o'clock P• M.
To certify which, witness my hand and seal of the City of Sterhmdue
TEXAS, this due 6th day of March _,.19—, at
Step Texas.
(�D04'a �Zaa&�
Cit e retary of the City of
Texas
TEXAS HIGHWAY DEPARTMENT W 7-'68
FORT WORTH. TEXAS - RECD:
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS O
COUNTY OF TRAVIS O
THIS AGREEMENT made this day of
Form 1038
(Revised 7 -1 -67)
19 ,
by and between the State of Texas, hereinafter referred to as the "State ",
party of the first part, and the City of Stephenv ils I $rath
County, Texas (population �%3 S9 1960 Federal Census) acting by
and through its duly authorized officers, hereinafter called the "City ",
party of the second part.
W I T N E S S E T H
WHEREAS, the City has requested the State to assist in the mainten-
ance of State Highway routes within such city; and
WHEREAS, the State Highway Engineer, acting for and in behalf of the
State Highway Commission, has made it known to the City that the State will
assist the City in the maintenance, control, supervision, and regulation of
State Highway routes within such city, conditioned that the City will enter
into agreements with the State for the purpose of determining the responsi-
bilities of the parties thereto:
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respectively
kept and performed, it is agreed as follows:
Form 1038
(Revised 7 -1 -67)
Coverage
1. This agreement is intended to cover and provide for State
participation in the maintenance of the following classifi-
cation of State Highway routes within the City:
A. Non - Controlled Access routes or portions thereof which
are described and /or graphically shown as "State Main-
tained" routes in Exhibit "A ", which is attached hereto
and made a part hereof.
B. All State Highway routes or portions thereof which have
been designated by the Texas Highway Commission as Con-
trolled Access Highways and which are described and /or
graphically shown in Exhibit "B ", which is attached
hereto and made a part hereof.
2. The City shall retain full responsibility for the mainten-
ance of those State Highway routes and portions thereof
which are listed and /or graphically shown in Exhibit "A"
and Exhibit "B" as "City Maintained" routes, except that
the State is hereby authorized by the City to erect and
maintain normal route markers and directional and desti-
nation signs thereon for direction of highway traffic.
3. In the event that the present system of State Highway
routes within the City is changed by cancellation, modified
routing, new routes, or change in the City's corporate
limits, the State shall terminate maintenance and this
agreement shall become null and void on that portion of
the routes which are no longer routes of a State Highway;
and the full effect and all conditions of this agreement
shall apply to the changed routes or new routes of the
State Highways within the City and shall be classified as
"State Maintained under paragraph l above, unless the .
execution of a new agreement on the changed portion of
the routes is requested by either the City or the State.
GENERAL CONDITIONS
1. The City hereby agrees and does hereby authorize the State to
maintain the State Highway routes covered'by this agreement in
the manner set out herein.
-2-
Form 1038
(Revised 7 -1 -67)
2. This agreement shall supplement and existing agreements between
the State and the City for the maintenance or construction and
maintenance of the highways covered herein and this agreement
shall supersede such existing agreements only in respect to
points of conflict.
3. Traffic regulations including speed limits, will be established
and fixed by agreement with the State after traffic and engi-
neering surveys have been conducted.
4. It is mutually agreed that, subject to approval by the State,
any street lighting system may be installed by the City provided
the City shall pay all cost of installation, maintenance and
operation except in those installations specifically covered by
separate agreements between the City and State.
5. It is understood and agreed that this agreement is for the
purpose of defining the authority and responsibility of both
parties for maintenance of highway routes throughthe City and
shall in no way be considered to cover any present or past obli-
gation either real or anticipated concerning such State Highway
routes through the City.
6. The City shall prohibit the movement of loads over State main-
tained streets which exceed the legal limits for either weight,
length, height or width, as prescribed in Vernon's Penal Code
827a for public highways outside corporate limits of cities,
except those having proper permits from the State for such
movements. The City shall also, by ordinance and enforcement,
prescribe and enforce lower weight limits when mutually agreed
by the City and the State that such restrictions are needed to
avoid damage to the street and /or for traffic safety.
7. The City shall prevent future encroachments within the right of
way of the highway routes and assist in removal of any present
encroachments when requested by the State except where specifi-
cally authorized by separate agreement; and prohibit the plant-
ing of trees or shrubbery or the creation or construction of .
any other obstruction within the right of way without prior
agreement with the State.
8. The City agrees that traffic control devices, such as stop
and slow signs, traffic signal lights and other types of
devices for traffic control, in respect to type of device,
points of installation, and necessity will be fixed by agree-
-3-
Form 1038
(Revised 7 -1 -67)
i
ment with the State after traffic and engineering surveys have
been made. The City agrees that it will not install or main-
tain or permit the installation or maintenance of any type of
traffic control device which will affect or influence the
utility of the State Highway routes without having obtained in
writing the prior approval of the State. Traffic control de-
vices installed prior to the date of this agreement are hereby
made subject to the terms of this agreement and the City agrees
to the removal of such devices which affect or influence the
utility of the State Highway routes unless their continued use
is approved in writing by the State. It is understood that
future traffic signal lights installed as a joint project by
the City and State will be the subject of a separate agreement
outlining the responsibilities for installation and -maintenance.
9. The City agrees to continue its responsibility for proper con-
struction, maintenance and control of access driveway facilities
in accordance with "Regulations for Access Driveways to State
Highways" adopted by the Texas Highway Department or in accord-
ance with other standards and specifications for the design,
construction and maintenance details subject to approval by the
Texas Highway Department.
10. It is understood that the use of unused right of way and areas
beneath structures for parking, will be the responsibility of
the City as determined by a separate agreement.
NON - CONTROLLED ACCESS HIGHWAYS
State'.s Responsibilities
1. Maintain the pavement, base and its support and maintain the
shoulders on those sections where there is no curb and gutter.
2. Install and maintain normal highway markings necessary for
directing highway traffic in a safe and efficient manner, which
shall include normal route markers, directional and destination
signs, center line, lane line and no- passing barrier line
stripes, and such other pavement markings considered necessary
for direction of traffic, except crosswalks. Any other traffic
striping desired by the City may be placed and maintained by
the City subject to the approval of the State.
SM
Form 1038
(Revised 7 -1 -67)
3, Assist the City in sweeping and otherwise cleaning the pavement,
in mowing and cleaning of litter; and in maintenance of roadway
ditches, on those sections of State Highway routes where and to
the extent that such duties are delineated on Exhibit "A ".
4. Assist in snow and ice control as availability of labor and
equipment will allow.
City's Responsibilities
1. Prohibit angle parking, except upon written approval by the
State after traffic and engineering surveys have been conducted
to determine that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of
traffic.
2. Require installations, repairs, removals or adjustments of
publicly or privately owned utilities or services to be per-
formed in accordance with State Highway Department specifi-
cations and subject to approval of the State,
3. Retain all functions and responsibilities for maintenance,
control, supervision, and regulation which are not specifi-
cally described as the responsibility of the State. The
assistance by the State in maintenance of roadway ditches
does not relieve the City of its responsibility for drainage
of the highway facility within its corporate limits except
where participation by the State other than above is speci-
fically covered in a separate agreement between the City and
the State.
-5-
Form 1038
(Revised 7 -1 -67)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable
to controlled access highways in addition to the "General Conditions" con-
tained herein above. Routes of controlled access highways or portions
thereof covered by this section are those listed and /or graphically shown
in Exhibit "B ".
State's Duties
1. Maintain the travelled surface of the through lanes, ramps and
frontage roads and those things beneath such travelled surface .
necessary for the proper support of same under vehicular loads
encountered.
2. Mow and clean -up litter within the outermost curbs of the frontage
roads or the entire right of way width where no frontage roads
exist, and assist in performing these operations between the
right of way line and the outermost curb or crown line of the
frontage roads in undeveloped areas.
3. Sweep and otherwise clean the through lanes, ramps, separation
structures or roadways,and frontage roads.
4. Remove snow and control ice on the through lanes and ramps and
assist in these operations as the availability of equipment and
labor will allow on the frontage roads and separation structures
or roadways.
5. Erect and maintain all normal markings and signs necessary for
the proper use of the facility and direction of traffic thereon.
6. Maintain all drainage facilities within the limits of the right
of way.
City's Duties
1. Restrict parking on frontage roads to parallel parking on one
side only and prohibit all parking on main lanes and ramps and
at such other places where such restriction is necessary for
satisfactory operation of traffic, by passing and enforcing
ordinances and taking other appropriate action in addition to
full compliance with current laws on parking.
-Sa-
Form 1038
(Revised 7 -1 -67)
2. Pass and enforce an ordinance providing for one way traffic on
the frontage roads except as may be otherwise agreed to by separ-
ate agreements with the State.
3. Secure or cause to be secured the approval of the State before
any utility installation, repair, removal or adjustment is under-
taken, crossing over or under the highway facility or entering
the right of way. In the event of an emergency, it being evident
that immediate action is necessary for protection of the public
and to minimize property damage and loss of investment, the City,
without the necessity of approval by the State, may at its own
responsibility and risk make necessary emergency utility repairs,
notifying the State of this action as soon as practicable.
4. Pass necessary ordinances and retain its responsibility for en-
forcing the control of access to the Freeway facility.
-5b-
Form 1038
(Revised 7 -1 -67)
1. It is understood and agreed between the parties hereto that all
obligation of the State created herein to maintain the State
Highway routes covered by this agreement shall terminate if and
when they are no longer routes of State Highways; and further,
that should either party fail to properly fulfill its obligations
as herein outlined, the other party may terminate this agreement
upon thirty days written notice.
Said State assumption of maintenance shall be effective the date of
execution of this agreement by the Highway Department.
IN WITNESS WHEREOF, the parties have hereunto affixed their signa-
tures, the City of Stephenville,, Texu on the 6th -day of March
19 68 , and the Highway Department on the day of
—hd mc_iA 19 -L2a.
APPROVAL RECOMMENDED:
District En ineer,,District
i
CI OF S2 P
B
MAYOR
(Title of Signing Official)
STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and /or
carrying out the orders, established
policies, or work programs heretofore
approved a ized by the State
Hig ag o i
By.
Chief E "ineer of 4,teaance
Operations
AUTHORITY FOR EXECUTION IS ACCOMPLISHED UNDER
MINUTE ORDER NO. 60$94
Note: To be executed in triplicate and supported by Municipal
Maintenance ordinance and Certificate of City Secretary.
-6-
FORT WORTH, TEXAS RECD` 7- �6S
"EXHIBIT A"
NON CONTROLLED ACCESS HIGHWAYS
I STATE MAINTAINED
A. U.S. HIGHWAY 67: From West City Limits to Southeast City Limits
(Assist in sweeping and otherwise cleaning the pavement, in mowing
and cleaning of litter, and in maintenance of roadway ditches.)
B. U.S. HIGHWAY 377: From West City Limits to East City Limits (Assist
in sweeping and otherwise cleaning the pavement, in mowing and
cleaning of litter, and in maintenance of roadway ditches.)
C. U.S. HIGHWAY 281: From North City Limits to South City Limits
(Assist in sweeping and otherwise cleaning the pavement, in mowing
and cleaning of litter, and in maintenance of roadway ditches.)
D. STATE HIGHWAY 108: From Intersection of Loop 195 and Loop 179 to
North City Limits (Assist in sweeping and otherwise cleaning the
pavement, in mowing and cleaning of litter, and in maintenance of
roadway ditches.)
E. LOOP 179: From Intersection of Loop 195 and State Highway 108 to
U.S. Highway 281 south of Stephenville (Assist in sweeping and
otherwise cleaning the pavement, in mowing and cleaning of litter,
and in maintenance of roadway ditches.)
F. LOOP 195: From U.S. Highway 67 west of Stephenville to East City
Limits (Assist in sweeping and otherwise cleaning the pavement, in
mowing and cleaning of litter, and in maintenance of roadway
ditches.)
G. FARM TO MARKET 8: From Northwest City Limits to station 559 +42
east of State Highway 108 (Assist in sweeping and otherwise cleaning
the pavement, in mowing and cleaning of litter, and in maintenance
of roadway ditches.)
H.. FARM TO MARKET 914:, From U.S. Highway 67 to South City Limits
(Assist in sweeping and otherwise cleaning the pavement, in mowing
and cleaning of litter, and in maintenance of roadway ditches.)
I. FARM TO MARKET 2157: From U.S. Highway 281 to East City Limits
(Assist in sweeping and otherwise cleaning the pavement, in mowing
and cleaning of litter, and in maintenance of roadway ditches.)
J. FARM'TO MARKET 2215: From Farm to Market 8 to Loop 195 (Assist in
sweeping and otherwise cleaning the pavement., in mowing and cleaning ,
of litter, and in maintenance of roadway ditches.)
"EXHIBIT B11
CONTROLLED ACCESS HIGHWAYS
I. STATE MAINTAINED: None
II. CITY MAINTAINED: None
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ORDINANCE AUTHORIZING CONVEYANCE OF THAT CERTAIN LAND VACATED AS AN ALLEY BY
PREVIOUS ACTION OF THE CITY COUNCIL OF STEPHENVILLE, TEXAS, TO THE OWNERS OF
LAND ON EACH SIDE OF SAID ALLEY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
Section One
That certain alley running through Block 63 between Lot 3 -B on the North and
Lot 4 on the South as shown by King's 1956 Map of Stephenville at Page 829
thereof having been previously.: vacated by ordinance of the City Council of
Stephenville, Texas, upon the petition of the owners of land adjacent to said
alley, it is hereby found that the area formerly in said alley should be
conveyed and relinquished by the City of Stephenville to the owners of Lot 3 -B
and of Lot 4 of said Block 63, and the North one -half of such space previously
occupied by said alley should be conveyed to the owners of Lot 3 -B and the
South one -half of such space previously occupied by said alley shall be con -
veyed to the owners of Lot 4 in said Block 63.
Section Two
The Mayor, Jack Arthur, is hereby authorized and directed to execute a quit
claim deed on behalf of the City of Stephenville conveying the North one -half
of said alley space hereinabove mentioned to Scott D. Reed and Iva Louise
Reed and the South one -half of said alley space to Lillie D. Trewitt, L. F.
Trewitt and Iva Louise Reed, which deed shall be attested by the City Secretary
of the City of Stephenville and the seal of the City.affixed thereto by said
secretary.
PASSED AND APPROVED this 26 day of Marcl.
ATT
t,
City Secretary
/o /