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HomeMy WebLinkAbout1961-11-07 - Regular City Council=I Stephenville, Texas November 7, 1961 The City Council met in a regular meeting on the above date with Mayor Evans presiding and the following Councilmen present: Virgil Dickerson, I. D. Reynolds, Wm. 0. Croft, Burl Lawrence, Albert Graves, Raymond Anderson, Scott D. Reed, and W. H. Stem. Others present were: Water Supt. Gann, Street Supt. Collins, Chief Cornell, and City Attorney Chandler. ' Minutes of previous meeting were read and approved. Councilman Reed. reported that the old dozer needs to be replaced, and would like for the City to start some kind of an account to help pay for this equipment. It was moved by Councilman Reed, seconded by Councilman Graves that later in the budget year to set aside any surplus funds for the purpose of buying a new dozer. Motion carried. Councilman Stem reported that the airport office has been water proofed. and is no longer leaking. Also, reported everything else at the airport in good shape. Councilman Lawrence reported that the proceeds from the train and go -carts have been very small in the past year. Mr. Lawrence asked the opinion of the Council if we should ask these concessions to move or to let them stay and con- tinue to operate. After discussion the Council agreed to let these concessions stay and to workout some satisfactory lease agreement with the owners. Councilman Reynolds reported. that the Highway department has presented' plans for traffic lights in the downtown area. This would cost quite a lot. There was no action taken at this time. Councilman Reynolds also read. a resolution that had been adopted by Cham- berlin P. T. A. This resolution asked the City to place a part time policeman at Chamberlin School, build sidewalks in all directions, and enforce speed limits in -that area. No action was taken. Councilman Anderson reported. that the deal for the Stafford property has been completed and insurance has been taken on the building. City Secretary reported there has been a meeting of the City, County, and Dublin Officials and it was agreed to hire a Coordinator. It was pointed out that the Federal Government will pay half of the Coordinator's salary and Erath County has agreed to pay x¢100.00 per month of the salary. This would leave only about $100.00 per month for Dublin and the City to pay. It was moved by Councilman Lawrence, seconded by Councilman Anderson to pay a portion of the Civil Defense Coordinator's salary. Motion carried. Mayor Evans reported that plans have been made for street lights along the ` new by -pass; however, T. P. & L. will only place lights in the City limits. The Mayor suggested that the City annex land 500 feet from the center line of the highway and set up a zoning ordinance in that area. It was moved by Councilman Dickerson, seconded by Councilman Reed. to go on record as favoring extension of the South By -Pass from highway 281 to Highway 377. Motion carried. Mayor also reported there is a need to take an inventory of all City owned property. It was moved. by Councilman Lawrence, seconded by Councilman Graves that an inventory be taken of all City owned property. Motion carried. It was moved by Councilman Anderson, seconded by Councilman Graves to have City Attorney write Johnnie Jokel a letter reminding him of past due payments on sewer line, then if this account is not taken care of, to take further action. Motion carried. - - - - -- It was moved. by Councilman Graves, seconded by Councilman Stem to adopt speed zone ordinance on U. S. Highway 281 from North City limit line to South City limit line, speed to be 40 miles per hour. Motion carried.. - (Said ordinance being attached to and becoming a part of these minutes.) A. letter from Clay Building Material Company requesting a loading zone in front of their business was read. This was referred to Law and Order Committee. The following bids for a truck and pick up for the Street Department were received: Jones Chevrolet Company 1962 2 Ton Pickup $1,785.00 1962 2 Ton Truck 2,879.50 Herrin Motor Company 1962 2 Ton Pickup $1,800.00 1962 2 Ton Truck 2,850.00 19, AN ORDINANCE AUTHORIZING ANY POLICEMAN WITHOUT WARRANT TO ARREST ANY OFFENDER IN .SPECIFIED CASES AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENPILLE: Section One The Chief: of Police, any Policeman and any member of the Police Department may, without warrant, arrest any offender or alleged offender in any of the following cases: (a) When any felony or disturbance, affray or breach of the peace or violation of any city ordinance is committed within the view or presence of the member of the Police Department making the arrest. (b) When a felony or breach of the peace has been committed within the presence or view of a magistrate and such magistrate shall verbally order the arrest of the offender. (c) When it is represented to some member of the Police De- partment by some credible person that a felony or disturbance, affray or breach of the peace, or violation of some city ordinance, has been committed and that the offenders will probably escape if the arrest is delayed to procure a warrant. (d) When persons are found in suspicious places, or under circumstances which reasonably show that such persons have been guilty of some felony or threaten, or are about to commit some offense against the laws of the State or ordi- nances of the City of Stephenville. (e) For greater certainty it is specifically provided that such officers or members of the Police Department may so arrest without warrant any and all persons found or appre- hended under the following circumstances: (1) Where a person is found lurking or hiding in alleys or on premises not his own, and such person is unable to satisfactorily explain his action; (2) Where a person is fleeing under circumstances which indicate that he &:attempting to escape from the scene of some crime on his part; (3) where a person is caught or found in the night- time in a house or residence, or outhouse, barn or garage appurtenant thereto, and is unable to show or state any right or authority for being in such place; or is found or caught in any business or public place in the nighttime and is unable to show or state any right or authority for being in such place; (4) Where a person is caught or found emerging from any house or building at an unusual hour, or by an unusual or suspicious means of exit. (f) Where any person is discovered with any tools, appliances or materials on his person or in his charge which are of such a nature as to indicate that they are intended or designed for use in the perpetration of some crime. The foregoing enumera- tion is not intended and shall not be construed to exclude the right and authority of such officers to make arrests without warrants in all cases coming within the general provisions of this paragraph, and in all such cases such person may be arrested without warrant and held to be dealt with according to law. Section Two In all cases of arrest with warrant, the officer making the arrest shall immediately take the person arrested beforethemagistrate who ordered the arrest, or if the arrest was made without an order, then before the nearest or most accessible magistrate having jurisdiction. 350 Section Three The fact that conditions exist in the City of Stephenville making it possible for guilty persons to escape before warrants: of arrest can be obtained creates an emergency and an imperative public necessity that this ordinance go into effect immediately from and after its passage and publication as provided by law, and any provision of the ordinances of the City of Stephenville or of the law providing otherwise are hereby suspended. PASSED AND APPROVED.this: day of , 1961. 71] 1w 4 Ma r ATTEST: Cit Secretary �7l I do hereby certify that a true and correct copy of the above and foregoing ordinance was duly ublished in the Stephenville Daily Empire in the issue of the day of 1961. Publisher, Stephenville Daily Empire SWORN TO AND SUBSCRIBED before me this day of 1961. /`�� r� � Notary Public, h County, Texas SPEED ZONE ORDINANCE AN ORDINANCE ESTABLISHING MA DIUM LEGAL SPEEDS UPON CERTAIN HIGIMYS AND STREETS OR PARTS THEREOF WITHIN THE CORPORATE LDIIT OF THE CITY OF LTYT 0 SA AS SET FORTH IN THE 0 ` FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE WHEREAS, Section 8 of Article 827ap Vernons Penal Code of the State of TexasA provides that whenever the governing body of the City shall deter- mine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such por- tion of said street or highway,, as well as the usual traffic thereon) said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersections or other place or part of the street or hi2hway� now there- fore., BE IT ORDA32MD by the City Council of the City of stapbelad"s s Texas S1CTION 1. The following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for ve- hicles traveling upon the named streets and highways or parts thereofp described as follows: U. S. Highway 281 1. From Station 2238+11.5 (North City Limit of Stephenville on V. S. highway 281) South 1.99 miles to station 69 +19.5 (South City Limit of Stephenville on U. S. Highway 281), 40 miles per hour. Speed Zone Ordinance -2- SECTION 2. The City Council of the City of Stephenville declares and fixes the above maximum speed limits and the District Engineer is hereby authorized to proceed with the erection of the appropriate signs. SECTION 3. It is hereby declared that the construction project on U "S' Highway No. 2Us necessitated the enactment of this ordinance oar the safety of those Traversing Mghway No. 3-the City of Stephenville . Therefore, the above re Uations shall be in efect alter a he passage of his ordinance and the erection of the proper signs; and, this shall remain in effect until the completion and acceptance of the said construction project by the Highway District Engineer or until such time as the construction project has progressed to a stage whereby, in the opinion of the Iiighway District Engineer, traffic may safely travel the construction project, or portions thereof, at the rate of speed posted prior to the con- struction. The Highway District Engineer will have the authority to replace the construction speed zone signs with speed zone signs reestablishing the speed zonin.a prior to construction and the placement of such signs shall be evidence of the governing speed zone or zones. The completion and /or accept- ance of the said construction project by the Highway District Engineer shall cancel the provisions of this ordinance and the Highway District Engineer shall be authorized to remove all such signed used in compliance with regul- ations set forth in this ordinance. SECTION 4. Any ordinance or any part thereof in direct conflict with this ordinance is hereby superseded and the part of the ordinance in conflict herewith shall be null and void so long as this ordinance is in effect. however, any ordinance or part of an ordinance superseded by this ordinance shall automatically be reinstated in force upon the date of completion and/or acceptance of the said construction project, when this ordinance is no longer in effect. SECTION 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred (4$200.00) dollars. SECTION 6. If any part of this ordinance be declared unconstitutional or otherwise void by a court of competent jurisdiction, such decision shall, in no way, effect the validity of any of the remaining parts of this ordinance unless the part held unconsititutional or void is insepa- ble from, and indispensable to, the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and would have omitted any parts which may be unconstitutional or void, if it had known such parts were unccn -.. stitutional or void at the time of the passage of this ordinance. Speed Zone Ordinance -3- PASSED AND APPROVED THIS __L_2 DAY OF /t/G fl cA412 APPROVED: ATTEST: or J O, C' Secretary h j 1� e. x/ /V- Cj���. S , City Secretary of the City of I / C2 l/?, ely,611 11 e, Texas., hereby certify that the above and foregoing is a true and correct copy of an Ordinance duly passed by the City Council at a meeting held on 7 A %yG -Uen', b Pti - 196L. Cit Secretary Higginbotham Motor Company 1962 z Ton Pickup $1,651.67 1962 2 Ton Truck 2,601.85 It was moved by Councilman Dickerson, seconded by Councilman Graves to accept the bid of Higginbotham Motor Company for a truck and pickup. Motion carried. It was moved by Councilman Dickerson, seconded by Councilman Graves for City Attorney Chandler to file delinquent tax suit on lots 1 and 2, Block 33, Frey First Addition, Motion carried. It was moved by Councilman Graves, seconded by Councilman Croft to adopt an ordinance authorizing any policeman without warrant to arrest any offender in specified. cases and declaring an emergency. Motion carried. (Said ordinance being attached to and becoming a part of these minutes.) Read at this time was a letter from the Chamber of Commerce requesting the Council to consider the closing of Charlotte Street in the Groesbeck Addition and in turn accepting land from S. J. Cook for a new street, thereby creating more building lots in that area. No action taken. Tax Collector Kelly gave a report of work done on notifying delinquent tax- payers. At this time 40 persons have been written and of this number, 4 have paid in full and 14 have started paying by the month. There has been no reply to other letters. After discussion, the Council agreed to give these delinquent tax - payers more time to make arrangements to pay their taxes on real property. City Attorney Chandler was directed to write persons who owe delinquent taxes on personal property and urge they be taken care of immediately or face legal action. There being no other business at this time, the C subject to the Mayor's call. it stood adjourned, r N